Electronic Funds Transfer Services Agreement and Disclosure
January 2005
This agreement (the "EFT Agreement") governs your use of Electronic Funds
Transfer Services described below ("EFT Services") that are available for
the Accounts opened through the Bank of Internet USA Website (the "Website").
The following provisions apply only to accounts established primarily for personal,
family, or household purposes. This EFT Agreement describes your rights as well as
your responsibilities and as such should be read carefully. We recommend that you
keep the EFT Agreement for future reference.
Definitions. In this EFT Agreement, "Checking Account" means a Demand Deposit
account (DDA), a Negotiable Order of Withdrawal (NOW) account, a Savings account and a
Money Market account at Bank of Internet USA that you open through the Bank of Internet
USA Website; "Account" includes any Checking, Certificate of Deposit, or Savings
account at Bank of Internet USA opened through the Website or in person; "Card"
means an automated teller machine card and a check card that accesses your Checking,
Savings, Money Market, or NOW account; "PIN" means the personal identification
number you use in connection with your Card; "Password" means the password you
use to access the Website and your Bank Accounts through a personal computer or other
electronic terminal; "Access Device" means your Card, Password, or other device
or code we make available to you to access your Accounts; "Business Day" means
Monday through Friday, except federal holidays; and "Authorized User" means any
person you authorize or permit to use your Card, Password or other Access Device to access
your Accounts, whether that person uses the Access Device to obtain information or to
conduct a transaction.
This EFT Agreement is part of the Banking Documents. Other terms used in this EFT
agreement may be defined elsewhere in the Banking Documents.
Types of EFT Services. We offer the following types of EFT Services
for your Checking Account.
Preauthorized Credits/Debits.
We accept, on your behalf, certain direct deposit credits and preauthorized debits drawn
on your Deposit Accounts which allow unrestricted activity. Through our electronic bill
payment service you are able to electronically transfer funds from your Deposit Account
to other parties, provided the account allows such activity. We may conduct these
transactions via Automated Clearinghouse (ACH) transfer as a member of a regional
Automated Clearinghouse Association. We may also accept and direct funds by wire transfer.
Each of these services have unique fees associated with the transaction. Please consult
our Fee Schedule. When you provide the party initiating the withdrawal or deposit with
advance authorization to make recurring ACH transfers to or from your Account, the transfers
are referred to as "preauthorized transfers." Because these preauthorized transfers
are performed electronically through the ACH, they are governed by federal regulations
pertaining to EFT Services, which entitle you to certain benefits and protections in
connection with the EFT Services, such as the right to receive a copy of your written
authorization to make preauthorized transfers from your Account from the party that obtains
it.
ATM and Check Card Transactions.
ATM Transactions.
ATM Cards issued by us to you remain our property and you may be requested to return
the Card to us at any time for any reason. Each card is used in conjunction with an
authorizing Personal Identification Number ("PIN"). To guard against someone
initiating a transaction that you have not authorized, you must take all reasonable
precautions to prevent any other person from learning your PIN. If you permit or
authorize another person to use your Card and PIN, you will be liable for all resulting
transactions. You may use your Card at ATMs which are a part of an Electronic Funds
Transfer service network to which Bank of Internet USA belongs ("EFT network").
ATM withdrawals are available up to the daily authorization limits disclosed below,
provided the available balance in the Deposit Account associated with your card is
greater than or equal to the amount requested, plus any fees that may be charged along
with the cash disbursement. You may use your Card with your PIN at such an ATM to perform
the following types of transactions:
- Withdraw cash from your Checking Account.
- Find out your Checking Account balances.
- Transfer funds between your own accounts at the Bank (if available on the ATM
in use).
- Withdraw cash from your Savings Account.
Note: We cannot assure that a specific ATM or EFT network will perform or permit
all the above transactions. In addition, some or all transactions may be subject to a
surcharge assessed by the terminal owner. Some fees and/or charges assessed by the terminal
owner may be reimbursed to you in accordance with our published Schedule Of Fees. Please
consult the Schedule of fees elsewhere in this book or on our Website www.bankofinternet.com.
Also, a specific ATM or EFT network may not provide you with access to all of your Accounts
or may automatically post withdrawals to certain account types (such as checking), rather
than the account you selected. If you have a question regarding whether a certain ATM or
EFT network will process a transaction, call, e-mail or write us.
Point-of-Sale Transactions.
You may use your Card to purchase goods and services from merchants
that participate in certain EFT networks and have agreed to accept
your Card as a means of payment. Purchases made with your Card are
referred to as point-of-sale ("POS") transactions, and will be
charged against your Checking Account. POS withdrawals may, at Bank
of Internet USA's discretion, be authorized even when the available
balance is not sufficient.
Other Electronic Transfers.
Transfers to Your Other Accounts at Bank of Internet USA.
You may open a Savings, Money Market, Certificate of Deposit or
Checking Account on the Website by using your User ID and your
Password to transfer funds from your designated Account and giving
us the necessary instructions.
Transfers to Third Parties within Bank of Internet USA.
You can transfer funds from your Account to third parties ("Recipients")
who have deposit accounts at Bank of Internet USA by entering payment instructions
to Bank of Internet USA through the Bill Payment Service at the Website. We will
debit your Account in the amount of the transfer and credit the Recipient's
designated Account. Once the transfer has occurred, it is irrevocable.
Transfers to Third Parties outside Bank of Internet USA.
You can transfer funds from your Checking Account to third parties who have
accounts at U.S. depository institutions other than Bank of Internet USA by entering
payment instructions using the Bill Payment Service on the Website. We will debit
your designated Account in the amount of the payment on the day you instruct us to
do so. Such payments are otherwise irrevocable once made.
Terms Relating to Goods and Services Purchased using
Electronic Transfers with an ATM or Check Card.
- No Liability. Bank of Internet USA is not responsible in any way
for any goods or services you decide to purchase, including without
limitation, their quality, safety, legality or delivery. Bank of
Internet USA will not become involved in any dispute involving such
goods or services. You also agree to release Bank of Internet USA
and their respective directors, officers, employees and agents from
any and all claims, demands and damages between persons using and
accepting the Bank of Internet USA ATM and Check (Debit) Cards
issued to you, including any claims, demands or damages arising out
of or related to the purchase or sale of goods or services.
- Rejected Funding Transactions. Payments are made solely out of
funds on deposit with Bank of Internet USA in accordance with the
Banking Documents. If you fund your account through a credit card or
ACH transaction, you may not dispute that transaction if you have
transferred funds out of your account. If you are the recipient of a
transfer from another Bank customer, and the sender reverses or
charges back a transaction used to fund your transfer, Bank of
Internet USA immediately and without notice or presentment may debit
your account for the amount of the transfer, regardless of whether
your account has a sufficient balance to fund the transaction. You
are responsible for any overdraft created because of the reversal.
You may incur interest, fees and charges in accordance with the
Banking Documents if there are insufficient funds in your designated
Account to cover such amount.
- Limitations on Payments. Bank of Internet USA may terminate
access to the Bank of Internet USA ATM and/or Check (Debit) Card
Services at any time for any reason, including without limitation (i)
with respect to any recipient of transfers, if Bank of Internet USA
believes in its sole discretion that there are an excessive number
of disputes involving customer use, or (ii) with respect to any
third party, if Bank of Internet USA believes in its sole discretion
that the third party has initiated disputes without reasonable cause
or in bad faith. Bank of Internet USA also may reject a transaction
or restrict your access to the Website to make further transactions
at any time if it believes the security of your accounts or the
Website is at risk or any fraudulent or illegal activity may be
occurring, including evidence of unusual activity in your accounts.
You may not make more than $10,000 in EFT Transactions using the
Bank of Internet USA Bill Payment Service in any day unless
specifically authorized in advance by Bank of Internet USA
management.
Limitations On The Number And Dollar Amount Of Card Transactions.
Your Card transactions will be subject to daily limits as follows:
- Cash or Point-of-Sale transaction from ATM: $310.
- Point-of-Sale transaction using your Check Card: $500 daily limit.
For security reasons, we may further limit these amounts from time
to time without notice. Non-sufficient funds activity involving an
ATM or Check (Debit) Card may result in decreased daily limits or
revocation of the card.
Charges For Use Of Your Card. We do not charge you a fee to use your
Card at an ATM or to make a POS transaction. However, ATM
transactions may be subject to a fee or surcharge assessed by the
terminal owner, for which you will be reimbursed by Bank of Internet
USA up to the amount per month which corresponds to the type of
account you have.
Foreign Transactions.
If you use your ATM or Check Card to obtain cash or to purchase goods or
services in another country, the amount of the charge in foreign currency will
be converted to a U.S. dollar amount by the applicable network (e.g. Visa,
MasterCard, etc.). In making this conversion, the network will use the procedures
set forth in its operating regulations. Conversion to U.S. dollars may occur
on a date other than the date of the transaction; therefore, the currency
conversion rate may be different from the conversion rate in effect on the
transaction date. You understand that we do not determine the currency conversion
rate that is used, and we do not receive any portion of the currency conversion
rate.
Preauthorization Holds.
When you use your ATM or Check Card at a point of sale location or when you use the
Visa or other network enhancement feature of the Cards to obtain goods or services or to
obtain cash, the merchant may attempt to obtain preauthorization from us for the
transaction. When the preauthorization is approved by us, we immediately debit the
preauthorized amount from your designated Account. The amount you actually approved or
signed for may vary in some cases from the amount of the actual purchase, depending on
the merchant's request. If the preauthorization request varies from the amount of the
actual transaction, payment of the transaction (which usually occurs within two to five
days) will adjust the amount previously deducted from your designated Account. This process
may affect the availability of funds from your designated Account to pay checks or for
other electronic fund transfers. Since all transactions are immediately posted to your
designated Account, please check your current balance on the Website. We will not be
responsible for damages for wrongful dishonor if any items are not paid because the
amount requested by the merchant was different from the actual amount you approved.
Your Right To Receive Documentation Or Notice Of Transactions.
You have a right to receive a receipt at ATMs and POS terminals that accept your ATM
and/or Check Cards each time you make a transaction. You will also be able to view your
bank statement and transaction history on the Website.
In Case Of Errors Or Questions About Your Electronic Transfers.
Telephone Customer Service, e-mail, or write Bank of Internet USA, as soon as you can
if you think your online statement or receipt is wrong or if you need more information
about a transfer listed on the online statement or receipt. We must hear from you NO LATER
than 60 days after the problem or error has appeared on your Website statement. In your
communication to us, be prepared to provide us with the following information:
- Your name and Account number.
- A description of the error or the transfer you are unsure about,
why you believe it is an error or why you need more information.
- The dollar amount of the suspected error.
If you initially provide this information to us via the telephone, we may require
that you send your complaint or question in writing within 10 business days. We will
advise you of the results of our investigation within 10 business days after we hear
from you, and if we have made an error, it will be corrected promptly. If we need more
time, however, we may take up to 45 days to investigate your complaint or question (90
days for transactions at a point of sale terminal or outside of the United States). If
we decide to do this, we will provisionally recredit your Account within 10 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 questions or
complaint in writing and we do not receive it within 10 business days, we may not
provisionally recredit your Account. At the end of our investigation, we will advise
you of the results within three (3) business days. If we determine that there was no
error, we will send you a written explanation and we may debit any provisional credit,
any fees, and/or interest provisionally credited in relation to the alleged error. You
may ask for copies of the documents that we used in our investigation.
Notice Of Your Rights And Liabilities.
TELL US AT ONCE if you believe your ATM and/or Check Card or any other Access
Device has been lost or stolen or if you think your PIN or Password is no longer secure
or confidential. Telephoning us is the best and fastest way of keeping your possible
losses down. During business hours you may call (877) 541-2634 to report your ATM/Visa
Check Card lost or Stolen.
You can lose no more than $50.00 if someone used your Card without your permission,
if you tell us within two business days. If you do NOT tell us within two business days
after you learn of the loss or theft of your Card or other Access Device, and we can
prove we could have stopped the unauthorized transactions if you had told us, you could
lose as much as $500.00. Also if your on-line statement shows transactions that you did
not make, TELL US AT ONCE. If you do not tell us within 60 days after the daily
transactions (Periodic Statement) are provided to you on the Website, you may not get
back any money you lost after the 60 days if we can prove that we could have prevented
the transactions if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us,
let us know. We may extend the time periods.
If you believe that your ATM and/or Check (Debit) Cards or other Access Device has
been lost or stolen or that someone has transferred or may transfer money from your
Account without your permission, call Customer Service or write Bank of Internet USA
Customer Service. You may also e-mail. You agree that you will not reveal your User ID,
Password, PIN, or any other Access Device to any person not authorized by you to use
your Access Devices; not write your PIN or Password on your ATM and/or Check Cards or
on any item kept with your Access Devices; and not leave a computer terminal unattended
after you have logged in using your Password or other Access Device.
Our Liability For Failure To Complete Transactions.
If we do not complete a transaction from your Checking Account on time or in the
correct amount, according to our agreement with you, we will be liable for your losses
or damages only directly caused by this failure. However, there are some exceptions. For
instance, we will not be liable if:
- Through no fault of ours, you do not have enough available funds in your
Account, including any available overdraft line of credit, to make the transaction.
- The automated teller or cash dispensing machine does not have
enough cash.
- Any terminal or system was not working properly and you knew
about the breakdown when you started the transaction.
- Circumstances beyond our control (such as fire, flood or riot)
prevent the transaction, despite reasonable precautions that we have
taken.
- In the case of pre-authorized credits, the data from the third
party is not received, is incomplete or erroneous.
Pre-Authorized Transfers.
If you have arranged with us in advance to make regular periodic payments out of your
designated Account using our Electronic Bill Payment Service, you can stop any of those
payments by following these procedures:
- Sign on to the Website and cancel the future payments using the procedure
as called for in the Bill Payment section.
- Call Customer Service, write Bank of Internet USA, or e-mail in time for us
to receive your request three or more business days before the payment is
scheduled to be made. If you call, we may require you to put your request in
writing so that it reaches us within 14 days after your call.
Confidentiality.
Please see our Privacy Policy for a complete description of our intended use and
protection of your Account information.
Amendments.
If you do not agree to a change or amendment to this EFT Agreement, you must notify
us prior to the effective date of the change or amendment and cancel your EFT Services
and surrender or destroy your Access Devices.
Termination.
We may terminate EFT Services, in whole or in part, without notice, due to your
default or as a security precaution. If you or we cancel this EFT Agreement you must
surrender or destroy your Card or any other Access Device issued to you.
Liability For Authorized Use.
If you designate an Authorized User, that person is considered your agent. As such,
you are liable for all activities of that person using the Access Devices you provide
to them, including ATM/Debit transactions, ACH transfers, and any other withdrawals that
may overdraw your Accounts. The agency relationship can be terminated only through
written notification to us of your intent to terminate the agency relationship and your
retrieving the Access Devices or, in the case of any PIN, password or code, your changing
that number. As a security precaution and for your protection, we will require you to
close any account where the agency relationship existed and open a new account.
Effective: 11/2004
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