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Electronic Funds Transfers

This Agreement and Disclosure is made in compliance with federal law regulating electronic funds transfer (EFT) services. Electronic funds transfers are electronically initiated transfers of money involving an account at the Financial Institution. The following disclosures set forth your and our rights and responsibilities concerning the electronic funds transfers. In this Agreement, the words “you” and “your” mean those who sign as applicants or any authorized user(s). The words “we”, “us”, and “our” mean the Financial Institution. The abbreviation “PIN” or word “code” means a personal identification number.

Online Banking

Types of Transactions: You may access certain account(s) you maintain with us by computer using your assigned user ID and password by accessing the online banking service. You may use the online banking service to perform the following functions:

  • Transfer funds between eligible accounts.
  • Obtain balance information on eligible accounts.
  • Review transactions on eligible accounts.
  • Make loan payments.

Limitations on Frequency and Amount: You may make six (6) transfers from your Savings Account or Money market Deposit Account each four (4) week or similar period, if by pre-authorized or automatic transfer, or telephone (including data transmissions) agreement, order or instruction, or by check, draft, debit card or similar order (including POS transactions(, made by the depositor and payable to third parties. Transfers and withdrawals made in person, by messenger, by mail or at an ATM are unlimited.

Fees and Charges for Online Service: There is no charge for banking online with us.

ATM/VISA CHECK CARD

Types of Transactions/Transfers: You may use the card and PIN issued you to pay for purchases from merchants who have agreed to accept the card at Point of Sale (POS) terminals within the networks identified on your card and such other terminals as the Bank may designate from time to time. Point of Sale (POS) transactions will be deducted from your Primary Account. Point of Sale (POS) transactions involving a refund will be credited to your Primary Account. You may also use the card to pay for purchases from merchants that accept the POS debit card with a VISA symbol. You may use the automated teller machine (ATM) card and personal identification number (PIN) issued to you to initiate transactions at ATM’s within the networks identified on your card and such other facilities as we may designate from time to time. Unless you specify a different account during Automated Teller Machine (ATM) transactions, your Primary Account will be used for your transactions. Your Primary Account number and information may be obtained from the Combined ATM/POS/Debit Card Request Form. At present you may use your card to (some of these services may not be available at all ATMs):

  • Withdraw cash from your checking account.
  • Withdraw cash from your savings account.
  • Transfer funds between your checking and savings accounts.
  • Obtain balance information on your deposit accounts.
  • Pay for purchases of goods and/or services at places that have agreed to accept the card.

Limitations on Frequency and Amount:

  • You may withdraw up to a maximum of $500.00 (if there are sufficient funds in your account) per day.
  • For security purposes, there are limits on the frequency and amount of transfers you may make using ATMs and this Point of Sale service.
  • You may purchase up to a maximum of $500.00 worth of goods and services per day, inclusive of ATM withdrawals.

Fees and Charges:

  • There is a Replacement Card Fee of $10.00 per card.
  • There is a PIN Replacement Fee of $5.00 per card.
  • We do not charge for any POS or ATM transactions.

ATM Fees: ATM Fees: When you use an ATM not owned by us, you may be charged a fee by the ATM operator (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer). We will reimburse up to $15 per statement cycle for these charges.

Other EFT Transactions: You may access certain account (s) you maintain with us by other EFT transaction types as described below.

Electronic Check Conversion. You may authorize a merchant to use your check as a source of information to initiate an EFT from your account. Electronic check conversion is a payment process in which a merchant (after obtaining you authorization) uses your check to gather routing, account, and check number information to initiate a one-time EFT. This type of EFT transaction involving a consumer account is covered by the Electronic Funds Transfer Act and this disclosure. A description of the transaction will appear on your statement.

Re-presented Check Transactions and Fees. You may authorize a merchant to electronically collect a fee associated with a re-presentment of a check that is returned due to insufficient or unavailable funds. The resulting fee transaction if debited as an EFT from a consumer account is covered by the Electronic Funds Transfer Act and this disclosure, When a merchant re-presents a check electronically, that transaction is not covered by the Electronic Funds Transfer Act or this disclosure. A description of the transaction will appear on your statement.

The following limitations may be applicable to your accounts, except as provided by law:

Liability for Unauthorized VISA Point of Sale Debit Card Transactions. Tell us AT ONCE if you believe your Visa point of sale debit card has been lost or stolen or of any unauthorized transactions. Your liability for unauthorized Visa point of sale card transactions that take place on the Visa system is Zero dollars ($0.00). We may require you to provide a written statement regarding claims of unauthorized Visa point of sale debit card transactions.

These provisions limiting your liability do not apply to Visa commercial cards or Visa PLUS ATM transactions; and apply only to cards issued in the United States. With respect to unauthorized transactions, these limits may be exceeded to the extent allowed under applicable law (see Liability for Unauthorized Transfer paragraph below) only if we determine that you were grossly negligent or fraudulent in the handling of your account or point of sale debit card. The same consumer liability limits shall apply to Interlink Transactions. To notify us of lost or stolen cards, or of unauthorized transactions, call or write us at the telephone number or address set forth below. This will help prevent unauthorized access to your account and minimize any inconvenience.

VISA is a registered trademark of Visa International.

In addition to the limitations set forth above, the following limitations may be applicable to your accounts:

Liability for Unauthorized Transfer. Tell us AT ONCE if you believe your card, ATM PIN, or POS card or PIN has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If your tell us within two (2) business days, you can lose no more than $50.00 if someone used your card or code without permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card or code, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, including those made by card, code, or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us on time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you believe that your card or code has been lost or stolen or that someone has transferred or may transfer money from your account without permission, call (785) 356-2195 or write us at BISON STATE BANK, 223 MAIN PO BOX 328, BISON KS 67520-0328. You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

Illegal Transactions: You may not use your ATM, POS, or Debit Card, or other access device for any illegal or unlawful transaction, and we may decline to authorize any transaction that we believe poses an undue risk of illegally or unlawfulness. Notwithstanding the foregoing, we may collect on any debt rising out of any illegal or unlawful transaction.

Business Days. For purposes of these electronic funds transfer disclosures, our business days are Monday through Friday. Holidays are not included.

Stop Payments on ATM, POS, or Debit Card Transactions. You may not place a stop payment order on any ATM, POS, or debit card transaction.

Documentation.

Periodic Statement. You will get a monthly account statement from us. You will get a quarterly statement from us on your savings account if this is the only account you maintain and the only possible electronic transfer to or from the account is a pre-authorized deposit.

Terminal Receipt. You can get a receipt at the time you make any transfer to or from your account using an ATM or a POS terminal. However, you may not get a receipt if the amount of the transfer is $15.00 or less.

Direct Deposits. If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company, you can call us at (785) 356-2195 to find out whether or not the deposit has been made.

Pre-authorized Payments.

Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of you account you can stop any of these payments. Here’s how: Call us at (785) 356-2195, or write us at Bison State Bank, PO Box 328, Bison KS 67520, in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. (We will charge you $33.18 for each stop-payment order you give.)

Notice of varying accounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may chose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Liability for failure to stop payment of pre-authorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Our Liability for Failure to Make Transfer. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable for instance:

  • If, through no fault of ours, you do not have enough money in your account to make the transfer.
  • If the money in your account is subject to legal process or other claim restricting such transfer.
  • If the ATM where you are making the transfer does not have enough cash.
  • If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
  • If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
  • There may be other exceptions stated in our agreement with you.

In Case of Errors or Questions About Your Electronic Transfers. Telephone us at (785) 356-2195, or write us at BISON STATE BANK, 223 MAIN PO BOX 328, BISON KS 67520 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

  • Tell us your name and account number (if any),
  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.

If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

If a notice of error involves unauthorized use of your point of sale debit card with the Visa logo when it is used as a Visa point of sale debit card, we will provide provisional credit within five (5) business days after you notify us instead of within ten (10) or twenty (20) business days. We may withhold providing this accelerated provisional credit, to the extent allowed under applicable law, if the circumstances or account history warrants the delay.

Confidentiality. We will disclose information to third parties about your account or the transfers you make:

To complete transfers as necessary; or
To comply with government agency or court orders; or
If you give us your written permission, or
In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant.

Personal Identification Number (PIN). The ATM PIN or POS PIN issued to you is for your security purposes. The numbers are confidential and should not be disclosed to third parties or recorded on the card. You are responsible for safekeeping you PIN(s). You agree not to disclose or otherwise make your ATM PIN or POS PIN available to anyone not authorized to sign on your accounts.

Notices. All notices from us will be effective when we have mailed them or delivered them to your last known address on our records. Notices from you will be effective when received by us at the telephone number or the address specified in this Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to you at least twenty-one (21) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing your account and any future changes to those regulations.

Enforcement. In the event either party brings legal action to enforce this Agreement or collect amounts owing as a result of any Account transaction, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, including fees on any appeal, subject to any limits under applicable law.

Termination of ATM and POS Services. You agree that we may terminate this Agreement and your use of this ATM Card or POS services. If:

  • You or any authorized user of your ATM PIN or POS card or PIN breach this or any other agreement with us;
  • We have reason to believe that there has been an unauthorized use of your ATM PIN or POS card or PIN;
  • We notify you or any other party to your account that we have canceled or will cancel this Agreement. You or any other party to your account can terminate this Agreement by notifying us in writing.

Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not effect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

Other Provisions. There may be delay between the time a deposit is made and when it will be available for withdrawal. You should review our Funds Availability Policy to determine the availability of the funds deposited at ATMs. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.

ATM SAFETY TIPS

As issuers of Automated Teller Machine (ATM) access devices, we have provided for your information a list of safety precautions regarding the use of automated teller machines. Please read the following safety tips:

  • Be aware of your surroundings, particularly a night.
  • Consider having someone accompany you when the automated teller machine is used after dark.
  • It is appropriate to politely ask someone who is uncomfortably close to step back before you complete your transaction.
  • Refrain from displaying your cash. Pocket it as soon as your transaction is completed. Count the cash later in the safety of your car or home.
  • Consider using another automated teller machine or coming back later if you notice anything suspicious. If you are in the middle of a transactions and you notice something suspicious, cancel the transaction, pocket your ATM access device and leave.
  • Go to the nearest public area where people are located if you are followed after making a transaction.
  • Report all crimes to law enforcement officials immediately.

ACH

Types of Pre-authorized Transfers: You may arrange for us to complete the following pre-authorized transfers to your deposit accounts:

  • Accepted direct deposits from your employer or other finical institutions to your checking or savings account.

Fees and Charges:

  • We do not charge for any pre-authorized EFTs.
  • We will charge $35.00 for each stop-payment order for pre-authorized transfers.

UCC 4a DISCLOSURE

[Provisional Payment Disclosure]

Credit given by [us] to [you] with respect to an automated clearing house credit entry is provisional until [we] receive final settlement for such entry through a Federal Reserve Bank. If [we] do not receive such final settlement, [you] are hereby notified and agree that [we] are entitled to a refund of the amount credited to [you] in connection with such entry, and the party making payment to [you] via such entry (i.e. the originator of the entry) shall not be deemed to have paid [you] in the amount of such entry.

[Notice Disclosure]

Under the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account, [we] are not required to give next day notice to [you] of receipt of an ACH item and [we] will not do so. However, [we] will continue to notify you of the receipt of payments in the periodic statements we provide to you.

[Choice of Law Disclosure]

[We] may accept on [your] behalf payments to [your] account which have been transmitted through one or more Automated Clearing Houses (ACH) and which are not subject to the Electronic Fund Transfer Act and [your] rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state of Kansas as provided by the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account.

SUBSTITUTE CHECK POLICY DISCLOSURE
Substitute Checks and Your Rights

What is a substitute check?

To make check processing faster, federal law permits credit unions and bank to replace original checks with “substitute checks”. These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check as proof of payment just like the original check.

Some of all of the checks that you receive back from us may be substitute checks, This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or electronic debits to your accounts. However, you have rights under other law with respect to those transactions.

What are my rights regarding substitute checks?

In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdraw the wrong amount from your account or that we withdraw money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees).

The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law.

If you use this procedure, you may receive up to $2,500.00 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) no later than 45 calendar days after we received your claim.

We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.

How do I make a claim for a refund?

If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at BISON STATE BANK, PO BOX 328, BISON KS 67520, (785) 356-2195. You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extended this time if you were not able to make a timely claim because of extraordinary circumstances.

Your claim must include-

  • A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect;
  • An estimate of the amount of your loss; An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and
  • Both a copy of the Substitute Check and the following information. The check number, the name of the person to whom you wrote the check, and the amount of the check.

You may obtain a copy of our Annual Disclosure Statement of Financial condition by contacting: Dreama Jecha, Cashier, Bison State Bank, PO Box 328, Bison KS 67520, (785) 356-2195 or email at djecha@bisonstatebank.com. One copy of the statement may be obtained free of charge.

 
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