EBANKING TERMS & CONDITIONS
INTRODUCTION
This Agreement explains the terms and conditions for accessing accounts and conducting transactions at The Union Bank Company (“Institution”, “we”, “us” and “our”) via our on-line EBanking site. As used in this Agreement, the terms "you" and "your" refer to each person completing an EBanking Application. The term “Business Day” as used in this agreement means all days except Saturday, Sunday and all bank holidays.
EBANKING BENEFITS
Through EBanking, you have the ability to manage eligible accounts from your home or office on a personal computer. EBanking allows you to usually have access to your account information 24 hours a day, 7 days a week. EBanking can be used to conduct any of the following “Online Services”:
1. Obtain balances and transaction history on all eligible accounts enrolled in EBanking (All account balances and transaction history reflects activity through the close of the previous banking day).
2. Transfer money between eligible accounts (The number of transfers you can make from account is limited as described in the applicable account agreement. In addition, if a hold is placed on any funds deposited in an eligible account, you may not transfer the portion of funds being held until that hold expires)
3. Transfer money to pay The Union Bank Company for consumer loans, home equity loans, or certain other eligible loans.
4. Pay bills to any merchant, financial institution or an individual with a U.S. address. A second enrollment form will be required for CheckFree Web Bill Payment.
The Union Bank may, from time to time, introduce new Online Services. By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.
AGREEMENT
All EBanking services are governed by this Agreement and all applicable Federal, State, and Local laws and regulations. You agree to submit to the jurisdiction of this agreement. Users of the EBanking services must be eighteen years of age or older. Customers agree to notify The Union Bank of any changes in their name, mailing address, or e-mail address.
TERMINATION AND AGREEMENT MODIFICATION
The Union Bank Company reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the current address shown in our records; and/or 3) update of our web site.
You may terminate your use of EBanking at any time by doing one of the following:
• Calling The Union Bank Company’s Communication Center at 1-800-837-8111 or 419-659-2141.
• Writing to the Communication Center at The Union Bank Company, 100 S. High St., Columbus Grove, OH. 45830.
• Sending an e-mail to us via the Internet at ebanking@theubank.com.
Termination of EBanking will be effective on the next business day following your requested termination. Once this agreement is terminated, the Bank will not allow any additional internet transactions on the account(s), nor will additional EBanking services be permitted.
If all of your accounts accessible through EBanking are closed, access to EBanking will be terminated automatically.
INFORMATION SECURITY & PROTECTING YOUR ACCOUNT
We are strongly committed to protecting the security and confidentiality of our customer accounts information. We use several techniques to help secure our EBanking service, including the following:
• You can only access EBanking with certain browsers that have a high 128 bit (or higher) data encryption security standard.
• Your account numbers are never displayed in full. Your account numbers will show partially blocked with only the last 4 digits being viewed.
• You must have a valid EBanking ID and personal password to logon.
• If no action is taken for 15 minutes, you will be automatically logged off the EBanking service.
• If your account remains unused for 60 days or more we may at our discretion discontinue your online access.
SYSTEM REQUIREMENTS
To access EBanking you must have a personal computer equipped with a communication device and a compatible web browser software and 128-bit data encryption capability. Compatible web browser software includes but is not limited to Microsoft Internet Explorer 7.0 or higher, and Firefox 2.0 or higher. In addition to compatible software, you must have an EBanking Access ID, and a personal password.
ON-LINE PASSWORD
Your Password will give you access to your Union Bank accounts via EBanking. The Union Bank is entitled to act on any instructions it receives using your Password. For security purposes, it is recommended that you memorize your Password and do not write it down. You will be required to change your Password regularly to try and avoid misappropriation by a third party. Your Password can be changed at our EBanking site. You are responsible for keeping your Password and account data confidential. Your access to EBanking may be blocked in the event that your password is incorrectly entered. If this occurs please contact the Communication Center at The Union Bank at (419) 659-2141. You agree to notify the Bank immediately in the event that your Access ID and Password is stolen or is otherwise compromised. At any time, you may ask the Bank to disable your access and Password. The Bank is entitled to act upon instructions received through any EBanking service using your Access ID and Password without inquiring as to the identify of the person using the Access ID and Password. You should not, under any circumstances, disclose your Access ID and/or Password by telephone, e-mail, or any other means to any person. When you give someone your Password, you are authorizing that person to use EBanking and the Online Services. You are responsible for all transactions performed using your Password, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your Password will be charged against your account(s). You should never provide your Access ID and/or Password to anyone, including anyone claiming to represent The Union Bank. The Union Bank has no responsibility for establishing the identity of any person or determining the validity of any transaction. Passwords must be between 7 – 17 characters long and must contain a combination of letters and numbers.
RESTRICTIONS
You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the EBanking or Online Services. You may not gain, or attempt to gain, access to any EBanking and/or Online Service server, network or data not specifically permitted to you by The Union Bank Company or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with The Union Bank Company or its suppliers.
BILL PAYMENT SERVICE
The CheckFree Web Bill Payment service enables you to schedule bill payments through EBanking. Institution does not provide the service directly. Instead, Institution entered into an agreement with a bill payment provider to provide the bill payment services directly to you. Subject to any regulatory or Institution-imposed limitations on usage, you can arrange, at your option, for the payment of your current, future and recurring bills from a checking account. There is no limit to the number of payments that may be authorized and you may pay any merchant or individual approved by the bill payment provider, however, the amount of any individual payment may not exceed $9,999.99. While payments are initiated by you electronically, they are ultimately paid via an automated clearinghouse (ACH) network or by a paper check. Payments delivered over an ACH network are governed by the rules and performance standards of that network.
Certain activity taking place thru CheckFree Web Bill Pay may cause a fee to be charged to your account. See Reg E Disclosure that follows.
Institution and its Bill Payment provider reserve the right, at their discretion, to implement security features to reduce risk of loss. These may include requiring pre-authorized drafts, verifying funds through an ATM network, and separating debits from credits so that payments are not sent until after good funds are received. Institution and its Bill Payment provider also reserve the right to terminate your use of Bill Payment services at any time.
If, for any reason, you should ever wish to cancel EBanking, we strongly suggest that you cancel all future bill payments at the same time. This will ensure that future payments and transfers made by you will not be duplicated. We will automatically delete any outstanding payment orders (all individual payments and all recurring payments) once your Bill Payment service has been terminated. We will continue to maintain your accounts until you notify us otherwise.
ACCESSIBILITY
You can normally access your account information through EBanking 24 hours a day, 7 days a week. However, at certain times, some or all of EBanking or Online Services may not be available due to system maintenance or reasons beyond Institution's control. Institution does not warrant that EBanking or Online Services will be available at all times. When EBanking is unavailable, you may use TELEBANC, an automated teller machine (“ATM”) or an Institution branch office to conduct your transactions
STOP PAYMENT SERVICES
You acknowledge that the Stop Payment feature of the EBanking is an alternative entry system for issuing Stop Payment Orders. When utilizing this feature, you warrant that the information describing the check or draft including the exact check amount, the check number and payee is correct. You acknowledge that the exact amount of the check or draft is required, and if the incorrect amount or any other incorrect information is provided that The Union Bank will not be responsible for failing to stop payment on the item. You agree that the Stop Payment Order must be received by The Union Bank within a reasonable time for The Union Bank to act on the order prior to final payment of the check, or if an ACH/EFT transfer, at least three (3) business days preceding the scheduled date for the preauthorized ACH/EFT. A Stop Payment Order received by The Union Bank using this service will be accepted as if it were in written form, will be effective for six (6) month without further notice, unless specifically renewed prior to expiration.
RESPONSIBILITY
Neither Institution nor its suppliers will be liable for any transaction if: (i) you do not have enough money in your account to complete the transaction; (ii) a legal order prohibit withdrawals from your account; (iii) your account is closed or has been frozen; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with EBanking or Online Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide us with complete and correct payment or transfer information; (viii) you did not properly follow the instructions for use of EBanking or Online Services; (ix) you knew that EBanking and/or the Online Services were not operating properly at the time you initiated the transaction or payment; (xi) there is postal delay; or (xi) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.
FEES AND CHARGES
There is no fee charged for the EBanking service, however all standard Banks Fees are still applicable to your Union Bank accounts.
UNAUTHORIZED TRANSACTIONS
You should notify us immediately if you believe anyone has improperly obtained your Password or if you suspect any fraudulent activity in your account(s). If your Password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. If you do not tell us within the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us, or the bill payment provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays.
When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, after we hear from you. However, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If we confirm an error, we will correct your account record within ten (10) business days, or twenty (20) business days in the case of point of sale or international transaction. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation.
ELECTRONIC MAIL (e-mail)
Sending E-mail is a very good way to communicate with The Union Bank regarding your accounts or the Online Services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail to Institution. You cannot use e-mail to initiate Online Service transactions. All such transactions must be initiated using the appropriate functions within the EBanking site. The Union Bank will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
LINKS TO OTHER SITES
Information that The Union Bank publishes on the Internet may contain links to other sites and third parties may establish links to The Union Bank’s site. The Union Bank makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, The Union Bank does not endorse the products or services offered by any company or person linked to this site nor is The Union Bank responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.
VIRUS PROTECTION
The Union Bank is not responsible for any electronic virus that you may encounter using the Online Services. We encourage you to routinely scan your computer and diskettes using a reliable virus protection product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.
INDEMNIFICATION
Customer shall indemnify, defend and hold harmless The Union Bank Company and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer’s negligence; (ii) Customer’s failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this Agreement.
ELECTRONIC FUNDS TRANSFER SERVICE FOR BUSINESS
In addition to account information for reporting, business users may request access to certain Funds Transfer Services as described below. Funds transfers are available during normal business hours except Saturday. If you use the Funds Transfer Services described, the following condition(s) shall apply:
• Wire Transfer – You acknowledge that the Wire Transfer feature of the Service is an alternative entry for using Wire Transfer orders between the Customer and the Bank and that current Bank wire transfer rules and procedures shall govern such transfers. The cut off time for Wire Transfer transactions to be on the same business day is 2:00 P. M.
• ACH Transactions – You acknowledge that the ACH Transaction feature of the Service is an alternate entry system for issuing ACH transaction orders between the Customer and the Bank and that the current Bank procedures and NACHA Rules shall govern such transfers. The cut off time for ACH transactions to be on the next business day is 3:00 P. M. Prior to commencing ACH transactions an ACH agreement must be completed.
• TAX PAYMENTS – You acknowledge that the Tax Payments feature of the Service is an alternate entry system for issuing EFTPS Tax Payment orders between the Customer and the Bank and that the current Bank procedures and NACHA Rules shall govern such transfers.
DAMAGES AND WARRANTIES
In addition to the terms previously disclosed, The Union Bank is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by EBanking or the use of the Online Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Institution or one of its suppliers. In addition, The Union Bank disclaims any responsibility for any electronic virus(es) or spyware Customer may encounter after installation of such software or use of EBanking or the Online Services. Without limiting the foregoing, neither The Union Bank nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Institution and its suppliers provide EBanking and the Online Services from their own sites and they make no representation or warranty that any information, material or functions included in EBanking or the Online Services are appropriate for use by you in your jurisdiction. If you choose to use EBanking and/or the Online Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither The Union Bank nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of EBanking, the Online Services, or contained in any third party sites linked to or from Institution’s web site. THE UNION BANK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF EBANKING, ONLINE SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. INSTITUTION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
CONFIDENTIALITY
We will disclose information to third parties about your account or the transfers you make only in the following situations:
• Where it is necessary for completing transfers
• In order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant.
• In order to comply with government agency or court orders.
• If you give us your written permission.
ADDITIONAL REMEDIES
Due to the likelihood of irreparable injury, The Union Bank shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.
ASSIGNMENT
The Union Bank may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.
INTEGRATION
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Institution.
SEVERABILITY
If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Institution, this Agreement will control.
WAIVER
The Union Bank shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by The Union Bank of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
FORCE MAJEURE
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.
CONSTRUCTION
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.
The Union Bank Company
E-Banking Agreement/Terms & Conditions
Revised: June 4, 2009
Regulation E Disclosure
June 24, 2009
This discosure contains information about terms, fees, and interest rates for some of the accounts we offer.
ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURES
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.
Internet Banking
Types of Transactions: You may access certain accounts) you maintain with us by computer using your assigned user 10 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.
• Stop payment requests.
• Advance funds from credit line.
• Online bill payment.
• Obtain copy of statement.
• Order checks.
• Allow export of transaction history to personal finance manager.
Fees and Charges for Online Service:
• There is no charge for banking online with us.
• Certain activity taking place thru CheckFree Web Bill Pay may cause a fee to be charged to your accounts.
These Fees Include:
• Nonsufficient Funds (NSF) $35.00
• Stop Payment $30.00
• Proof of Payment - Check $15.00
• Proof of Payment - Electronic $15.00
• Claims (Research by CheckFree Web Bill Pay) - per claim $31.00
• Overnight Fee $20.00
Preauthorized Electronic Funds Transfer
Types of Preauthorized Transfers: You may arrange for us to complete the following preauthorized transfers to or from your deposit accounts:
• Pay certain recurring bills from your checking or savings account.
Fees and Charges:
• We do not charge for any preauthorized EFTs.
• We will charge $30.00 for each stop-payment order for preauthorized transfers.
Government Direct Deposit
Types of Preauthorized Transfers: You may arrange for us to complete the following preauthorized transfers to your deposit accounts:
• Accept direct deposits from the U.S. Treasury Department to your checking or savings account.
Fees and Charges:
• We do not charge for any preauthorized EFTs.
• We will charge $30.00 for each stop-payment order for preauthorized transfers.
Direct Deposit from Non-Government Source
Types of Preauthorized Transfers: You may arrange for us to complete the following preauthorized transfers to your deposit accounts:
• Accept direct deposits from your employer or other financial institutions to your checking or savings account.
Fees and Charges:
• We do not charge for any preauthorized EFTs.
• We will charge $30.00 for each stop-payment order for preauthorized transfers.
ATM 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 use the automated teller machine (ATM) card and personal identification number (PIN) issued to you to initiate transactions at ATMs of ours, ATMs 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 Request Form. At present you may use your card to (some of these services may not be available at all ATMs):
• Deposit funds to your checking account.
• Withdraw cash from your checking account.
• Deposit funds to your savings account.
• Withdraw cash from your savings account.
• Transfer funds between your checking and savings accounts.
• Obtain balance information on your deposit accounts.
Limitations on Frequency and Amount:
• You may withdraw up to a maximum of $200.00 (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.
• $200.00 cash withdrawal limit is per 24 hour period.
• You may purchase up to a maximum of $1000.00 worth of goods and services per day, exclusive of ATM withdrawals.
Fees and Charges:
• There is no charge for ATM withdrawals at machines owned by us.
• There is a $2.00 charge for each ATM withdrawal at machines we do not own.
• There is no charge for ATM deposits at machines owned by us.
• There is a $2.00 charge for each ATM deposit at machines we do not own.
• There is a Replacement Card Fee of $5.00 per card.
• We do not charge for any pos transactions.
ATM Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
Visa Debit 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 01 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 pas 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 ATMs 01 ours. ATMs 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):
• Deposit funds to your checking account.
• Withdraw cash from your checking account.
• Deposit funds to your savings account.
• Withdraw cash from your savings account.
• Transfer funds between your checking and savings accounts.
• Obtain balance information on your deposit accounts.
Limitations on Frequency and Amount:
• You may withdraw up to a maximum of $200.00 (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.
• $200.00 cash withdrawal limit is per 24 hour period.
• You may purchase up to a maximum of $1000.00 worth of goods and services per day, exclusive of ATM withdrawals.
Fees and Charges:
• There is no charge for ATM withdrawals at machines owned by us.
• There is a $2.00 charge for each ATM withdrawal at machines we do not own.
• There is no charge for ATM deposits at machines owned by us.
• There is a $2.00 charge for each ATM deposit at machines we do not own.
• There is a Replacement Card Fee of $5.00 per card.
• Currency Conversion and Exchange Rate Disclosure: The exchange rate between the transaction currency and the billing currency used for processing international transactions is: a) a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives; or b) the government-mandated rate in effect for the applicable central processing date, in each instance, plus one percent (1.00%) International Transaction Fee. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. (4•2-05)
ATM Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used land you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
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 or other payee to make a one-time electronic payment from your account using information from your check to pay for purchases or pay bills. Electronic check conversion is a payment process in which a merchant or other payee (after obtaining your authorization) uses your check to gather routing, account, and check number information to initiate a one-time EFT. When information from your check is used to make en electronic fund transfer, funds may be withdrawn from your account as soon as the same day you make your payment. 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 the 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 debit 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 credit cards, ATM transactions, or PIN transactions not processed by VISA; 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 Transfers 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. For specific restrictions, limitations, and other details see your Cardholder Agreement. To notify us of lost or stolen cards, or of unauthorized transactions, call or write to 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 Transfers. Tell us AT ONCE if you believe your card, ATM PIN, POS card or PIN, or online banking 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 (plus your maximum overdraft line of credit). If you tell us within two (2) business days after you learn of the loss or theft of your card or code, you can lose no more than $50.00 if someone used your card or code without your 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, and we can prove that we could have stopped someone from using your card or code without your permission if you had told us, 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 sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money 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, 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 your permission, call (800) 837-8111, or write us at The Union Bank Company. 100 S. High Street, PO Box 67. Columbus Grove, OH 45830. You should also call the number or write this address 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 illegality or unlawfulness. Notwithstanding the foregoing, we may collect on any debt arising 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, unless there are no transactions in a particular month. In any case you will get a statement quarterly. 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 preauthorized deposit.
Terminal Receipt. You can get a receipt at the time you make a transfer to or from your account using an ATM or a POS terminal. However, receipts for transactions of $15.00 or less may not always be available.
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 (800) 837•8111 to find out whether or not the deposit has been made.
Our Liability for Failure to Make Transfers. 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 transfer would go over the credit limit on your overdraft line.
• 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 (8001 837•8111, or write us at The Union 8ank Company,100 S. High Street, PO Box 67, Columbus Grove. OH 45830 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 (101 business days, We will determine whether an error occurred within ten (101 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 (101 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 (201 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;
• To verify the existence and condition of your account upon the request of a third party. such as a credit bureau or merchant; or
• To comply with government agency or court orders; or
• If you give us your written permission.
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 your 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 (211 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 a 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 the ATM Card or POS services, if:
• You or any authorized user of your ATM PIN or pas 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 PCS card or PIN;
• We notify you or any other party to your account that we have cancelled 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 affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
Preauthorized Electronic Fund Transfers,
Stop Payment Rights. If you have told us in advance to make regular electronic fund transfers out of your account(s), you can stop any of these payments. Here's how: Call us or write to us at the telephone number or address set forth above. in time for us to receive your request three 13) 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 fourteen (141 days after you call. We will charge you $ 30.00 for each stop payment order you give.
Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, ten (101 days before each payment. when it will be made and how much it will be. You may choose 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 Preauthorized Transfers. If you order us to stop one of these payments three (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.
Other Provisions. There may be a 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.
Notice of Non-Use. The Union Bank Company reserves the right to remove your card from the system for non-use greater than 12 months.
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 at 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 you 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 transaction 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.
