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ELECTRONIC FUND TRANSFER DISCLOSURE AND AGREEMENT
For purposes of this disclosure and agreement the terms “we”,”us” and “our”refer to The Dart Bank. The terms “you”and “your”refer to the recipient of this disclosure and agreement. The Electronic Fund Transfer Act and Regulation E require institutions to provide certain information to customers regarding electronic fund transfers (EFTs).This disclosure applies to any EFT service you receive from us related to an account established primarily for personal, family or household purposes. Examples of EFT services include direct deposits to your account, automatic regular payments made from your account to a third party and one-time electronic payments from your account using
information from your check to pay for purchases or to pay bills. This disclosure also applies to the use of your DARTeller (hereinafter referred to collectively as “ATM Card”) or DARTCARD (hereinafter referred to collectively as “Debit Card”) at automated teller machines (ATMs) and any networks described below.
TERMS AND CONDITIONS.
The following provisions govern the use of EFT services through accounts held by The Dart Bank which are established primarily for personal, family or household purposes. If you use any EFT services provided, you agree to be bound by the applicable terms and conditions listed below. Please read this document carefully and retain it for future
reference.
DEFINITION OF BUSINESS DAY.
Business days are Monday through Friday excluding holidays.
ELECTRONIC FUND TRANSFER SERVICES PROVIDED
ATM CARD SERVICES. The services available through use of your ATM card are described below.
DARTELLER SERVICES:
· You may withdraw cash from your checking account(s), savings account(s), money market account(s), and NOW account(s).
· You may make deposits into your checking account(s), savings account(s), money market account(s), and NOW account(s).
· You may transfer funds between your checking and savings accounts, checking and money market accounts, checking and NOW accounts, savings and money market accounts, savings and NOW accounts, and NOW accounts and money market accounts.
· You may make balance inquiries on your checking account(s), savings account(s), money market account(s), and NOW account(s).
DEBIT CARD SERVICES. The services available through use of your debit card are described below.
· You may withdraw cash from your checking account(s), savings account(s), money market account(s), and NOW account(s).
· You may make deposits into your checking account(s), savings account(s), money market account(s), and NOW account(s).
· You may transfer funds between your checking and savings accounts, checking and money market accounts, checking and NOW accounts, savings and money market accounts, savings and NOW accounts, and NOW accountsand money market accounts.
· You may make balance inquiries on your checking account(s), savings account(s), money market account(s), and NOW account(s). ® · You may use your card at any merchant that accepts Mastercard debit cards for the purchase of goods and services.
ATM SERVICES.
NETWORK. Your ability to perform the transactions or access the accounts set forth above depends on the location and type of ATM you are using and the network through which the transaction is being performed. A specific ATM or network may not perform or permit all of the above transactions. Besides being able to use your ATM Card or Debit Card at our ATM terminals,you may access your accounts through the following network(s):NYCE,CIRRUS and AFFN
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.
POINT OF SALE TRANSACTIONS. Listed below are the cards you may use to purchase goods and services from merchants that have arranged to accept your cards as a means of payment (these merchants are referred to as “Participating Merchants”). Some Participating Merchants may permit you to receive cash back as part of your purchase. Purchases made with your cards, including any purchase where you receive cash, are referred to as “Point of Sale” transactions and will cause your “designated
account” to be debited for the amount of the purchase. We have the right to return any check or other item drawn against your account to ensure there are funds available to pay for any Point of Sale transaction. We may, but do not have to, allow transactions which exceed your available account balance or, if applicable, your available overdraft protection. If we do, youagree to pay an amount equal to the overdrawn balance plus any overdraft fee.
The following cards and the corresponding designated account(s) may be used for Point of Sale transactions:
· DARTCARD: checking account.
· DARTeller: checking account.
Your ATM and Debit cards may also be used to obtain cash from your designated account(s) at participating financial institutions when so authorized under the terms of your Account Agreement. ® ® CURRENCY CONVERSION – Mastercard . If you perform transactions with your card with the Mastercard logo in a currency other than US dollars, Mastercard International Inc. will convert the charge into a US dollar amount. At Mastercard ® International they use a currency conversion procedure, which is disclosed to institutions that issue Mastercard . Currently the currency conversion rate used by Mastercard International to determine the transaction amount in US dollars for such transactions is generally either a government mandated rate or wholesale rate, determined by Mastercard International for the processing cycle in which the transaction is processed, increased by an adjustment factor established from time to time by Mastercard International. The currency conversion rate used by Mastercard International on the processing date may differ from the rate that would have been used on the purchase date or the cardholder statement posting date.
SERVICES PROVIDED THROUGH USE OF DARTDIRECT. You may perform the following functions through use of DARTDIRECT:
· You may initiate transfers of funds between your checking and savings accounts, checking and money market accounts, checking and NOW accounts, savings and money market accounts, savings and NOW accounts, and NOW accounts and money market accounts.
· You may make balance inquiries on your checking account(s), savings account(s), money market account(s), and NOW account(s).
· You may make payments on consumer loans, home mortgage loans, and home equity loans that you have with us. In addition, you may perform other transactions such as: Receive a fax statement, maturity date, current accrued interest, current payoff, next payment amount and due date, date and amount of last payment received.
PREAUTHORIZED TRANSFER SERVICES.
· You may arrange for the preauthorized automatic deposit of funds to your checking account(s), savings account(s), money market account(s), and NOW account(s).
· You may arrange for the preauthorized automatic payments or other transfers from your checking account(s), savings account(s), money market account(s), and NOW account(s).
SERVICES PROVIDED THROUGH USE OF DART EXPRESS NET. The Dart Bank offers its customers use of our Dart Express Net service.
Dart Express Net allows customers to access their accounts via the internet to review deposit and loan account information, transfer funds between their accounts at Dart Bank and other financial institutions, view account history, view images of their checks, obtain copies of their statements, initiate stop payments, and communicate with Dart Bank.
TYPES OF TRANSACTIONS: You may access certain account(s) you maintain with us by computer using your assigned user ID and password by accessing Dart Express Net. You may use Dart Express Net 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
– Online Bill Payment
– Obtain copy of statements
– Allow export of transaction history to personal finance manager
ELECTRONIC CHECK CONVERSION. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or to pay bills.
LIMITATIONS ON TRANSACTIONS
TRANSACTION LIMITATIONS – DARTELLER.
CASH WITHDRAWAL LIMITATIONS. You may withdraw up to $500.00 through use of ATMs in any one day. You may make up to 3 withdrawals of cash through use of ATMs in any one day.
POINT OF SALE LIMITATIONS. You may buy up to $500.00 worth of goods or services in any one day through use of our Point of Sale service.
TRANSACTION LIMITATIONS – DARTCARD.
CASH WITHDRAWAL LIMITATIONS. You may withdraw up to $500.00 through use of ATMs in any one day. You may make up to 3 withdrawals of cash through use of ATMs in any one day.
POINT OF SALE LIMITATIONS. You may buy up to $1,000.00 worth of goods or services in any one day through use of our Point of Sale service.
OTHER LIMITATIONS.
· The terms of your account(s) may limit the number of withdrawals you may make each month. Restrictions disclosed at the time you opened your account(s), or sent to you subsequently will also apply to your electronic withdrawals and electronic payments unless specified otherwise.
· We reserve the right to impose limitations for security purposes at any time.
LIMITS ON TRANSFERS FROM CERTAIN ACCOUNTS. Federal regulation limits the number of checks, telephone transfers, online transfers and preauthorized electronic transfers to third parties (including Point of Sale transactions) from money market and savings type accounts. You are limited to six such transactions from each money market and/or savings type account(s) you have each month for purposes of making a payment to a third party or by use of a telephone or computer.
NOTICE OF RIGHTS AND RESPONSIBILITIES
The use of any electronic fund transfer services described in this document creates certain rights and responsibilities regarding these services as described below.
RIGHT TO RECEIVE DOCUMENTATION OF YOUR TRANSFERS.
TRANSACTION RECEIPTS. Depending on the location of an ATM, you may not be given the option to receive a receipt if your transaction is $15.00 or less. Upon completing a transaction of more than $15.00,you will receive a printed receipt documenting the transaction (unless you choose not to get a paper receipt). These receipts (or the transaction number given in place of the paper receipt) should be retained to verify that a transaction was performed. A receipt will be provided for any transaction of more than $15.00 made with your ATM Card or Debit Card at a Participating Merchant. If the transaction is $15.00or less, the Participating Merchant is not required to provide a receipt.
PERIODIC STATEMENTS. If your account is subject to receiving a monthly statement, all EFT transactions will be reported on it. If your account is subject to receiving a statement less frequently than monthly, then you will continue to receive your statement on that cycle, unless there are EFT transactions,in which case you will receive a monthly statement. In any case you will receive your statement at least quarterly.
PREAUTHORIZED DEPOSITS. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company:
· you can call us at (517)676-3661 to find out whether or not the deposit has been made.
PASSBOOK ACCOUNTS. If the only type of electronic fund transactions are preauthorized deposits you will not receive a statement for your Passbook account. If you bring your Passbook to us, we will record any electronic deposits that were made to your account since the last time you brought in your Passbook. You will not receive a periodic statement noting these transactions on your Passbook account.
USING YOUR CARD AND PERSONAL IDENTIFICATION NUMBER (“PIN”) . In order to assist us in maintaining the security of your account and the terminals, the ATM Card or Debit Card remains our property and may be revoked or canceled at any time without giving you prior notice. You agree not to use your ATM Card or Debit Card for a transaction that would cause your account balance to go below zero, or to access an account that is no longer available or lacks sufficient funds to complete the
transaction, including any available line of credit.We will not be required to complete any such transaction,but if we do,we may, at our sole discretion, charge or credit the transaction to another account; you agree to pay us the amount of the improper withdrawal or transfer upon request. Your ATM Card may only be used with your PIN. Certain transactions involving your Debit Card require use of your PIN. Your PIN is used to identify you as an authorized user. Because the PIN is used for identification purposes, you agree to notify The Dart Bank immediately if your ATM Card or Debit Card is lost or if the secrecy of your PIN is compromised. You also agree not to reveal your PIN to any person not authorized by you to use your ATM Card or Debit Card or to write your PIN on your ATM Card or Debit Card or on any other item kept with your ATM Card or Debit Card. We have the right to refuse a transaction on your account when your ATM Card or Debit Card or PIN has been reported lost or stolen or when we reasonably believe there has been fraud (if applicable), if we can prove that we could have stopped someone from taking the money had you given us notice in time. If a
good reason (such as a long trip or hospital stay) keeps you from giving the notice, we will extend the time periods.
CONSUMER LIABILITY FOR UNAUTHORIZED TRANSACTIONS INVOLVING DARTCARD. The limitations on your liability for unauthorized transactions described above generally apply to all electronic fund transfers. However, different ® limitations apply to certain transactions involving your card with the Mastercard branded card.
If you promptly notify us about an unauthorized transaction involving your card and the unauthorized transaction took place on ® your Mastercard branded card, including any PIN-based ATM or POS transactions,zero liability will be imposed on you for the unauthorized transaction. In order to qualify for the zero liability protection, you must have exercised reasonable care in safeguarding your card from the risk of loss or theft and, upon becoming aware of such loss or theft,promptly reported the loss or
theft to us.
ILLEGAL USE OF DARTCARD. You agree not to use your DARTCARD for any illegal transactions, including internet gambling and similar activities.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS . In case of errors or questions about your electronic fund transfers,
call us at: (517)676-3661
or
write to: The Dart Bank
P.O.Box 40
Mason,MI 48854
or
email us at: banking@dartbank.com
or use the current information on your most recent account statement. Notification should be made as soon as possible if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact The Dart Bank no later than 60 days after we sent you the
first statement on which the problem or error appears. You must be prepared to provide the following information:
· Your name and account number.
· A description of the error or transaction you are unsure about along with an explanation as to why you believe it is an error or why you need more information.
· The dollar amount of the suspected error.
If you provide oral notice, you may be required to send in your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) 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 (ninety(90) days for new accounts and foreign initiated or Point of Sale transfers) to investigate your complaint or question.If we decide
to do this, we will credit your account within ten (10) business days (twenty (20) business days for new accounts) for the amount which you think is in error,so that you will have the use of the money during the time it takes 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. The extended time periods for new accounts apply to all electronic fund transfers that occur within the first thirty
(30) days after the first deposit to the account is made, including those for foreign initiated or Point of Sale transactions. 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.
DISPUTES REGARDING POINT OF SALE TRANSACTIONS.
REVERSAL OF TRANSACTION. The Dart Bank will reverse an EFT resulting from a Point of Sale transaction at a Participating Merchant and recredit your account for the full amount of the transfer if all of the following occur:
1. You provide us notice of having made a good faith attempt to seek redress and make an assurance to us of the return to the Participating Merchant of related goods in dispute,where returnable goods are involved.
2. The amount of the transaction is $50.00 or more.
3. Within four (4) calendar days following the transaction, we receive from you during our normal business hours a written or oral request for the reversal. You must verify any oral reversal order, notice and assurance in writing within fourteen (14) calendar days following the oral notification,on a form to be provided by us for that purpose. If
written verification is not furnished,we will reinstate the original debits and credits involved in the transaction.
LIABILITY FOR FAILURE TO COMPLETE TRANSACTION. 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 as provided by law. 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 transfer would result in your exceeding the credit limit on your line of credit,if you have one.
· If the electronic terminal was not working properly and you knew about the breakdown before you started the transfer.
· If circumstances beyond our control (such as fire or flood, computer or machine breakdown, or failure or interruption of communications facilities) prevent the transfer,despite reasonable precautions we have taken.
· If we have terminated our Agreement with you.
· When your ATM Card or Debit Card has been reported lost or stolen or we have reason to believe that something is wrong with a transaction.
· If we receive inaccurate or incomplete information needed to complete a transaction.
· In the case of preauthorized transfers, we will not be liable where there is a breakdown of the system which would normally handle the transfer.
· If the funds in the account are subject to legal action preventing a transfer to or from your account.
· If the electronic terminal does not have enough cash to complete the transaction.
There may be other exceptions provided by applicable law.
CHARGES FOR TRANSFERS OR THE RIGHT TO MAKE TRANSFERS. The following fees and charges may be imposed on your checking or savings account:
Each ATM withdrawal at machines we do not own. $ 1.50
Each transfer at machines we do not own. $ 1.50
Replacement card fee $ 5.00
Reissue of PIN $ 5.00
ATM withdrawal and transfer fees may be waived depending on account type. Please see account disclosure for details.
DISCLOSURE OF ACCOUNT INFORMATION. You agree that merchant authorization messages transmitted in connection with Point of Sale transactions are permissible disclosures of account information,and you further agree to release The Dart Bank and hold it harmless from any liability arising out of the transmission of these messages.
We will disclose information to third parties about your account or electronic fund transfers made to your account:
1. Where necessary to complete a transfer or to investigate and resolve errors involving the transfer(s);or
2. In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant; or
3. In order to comply with government agency or court orders;or
4. If you give us your permission in a record or writing.
AMENDING OR TERMINATING THE AGREEMENT. We may change this agreement from time to time. You will be notified at least 30 days before a change will take effect if it will cause you an increase in costs or liability or it will limit your ability to make electronic fund transfers. No notice will be given if the change is necessary for security reasons. We also have the right to terminate this agreement at any time.
SAFETY PRECAUTIONS FOR ATM TERMINAL USAGE. Please keep in mind the following basic safety tips whenever you use an ATM:
· Have your ATM Card or Debit Card ready to use when you reach the ATM.Have all of your forms ready before you get to the machine. Keep some extra forms (envelopes) at home for this purpose.
· If you are new to ATM usage, use machines close to or inside a financial institution until you become comfortable and can conduct your usage quickly.
· If using an ATM in an isolated area, take someone else with you if possible. Have them watch from the car as you conduct your transaction.
· Do not use ATMs at night unless the area and machine are well-lighted. If the lights are out, go to a different location.
· If someone else is using the machine you want to use, stand back or stay in your car until the machine is free. Watch out for suspicious people lurking around ATMs,especially during the times that few people are around.
· When using the machine, stand so you block anyone else’sview from behind.
· If anything suspicious occurs when you are using a machine, cancel what you are doing and leave immediately. If going to your car, lock your doors.
· Do not stand at the ATM counting cash. Check that you received the right amount later in a secure place, and reconcile it to your receipt then.
· Keep your receipts and verify transactions on your account statement. Report errors immediately. Do not leave receipts at an ATM location.
Your account is also governed by the terms and conditions of other applicable agreements between you and The Dart Bank.
NOTIFICATION OF REGULATORS. Your rights in connection with electronic fund transactions and this agreement are governed by Michigan and federal law. You may contact the following agency if you believe a violation of the law has occurred:
MICHIGAN AGENCY:
Office of Financial and Insurance Regulation
Consumer Services
P.O.Box 30220
Lansing,MI 48909
I Do Not Accept the Above Agreement
and mail it to:
Dart Bank
c/o Dart Express Net Department
P.O. Box 40
Mason, MI 48854-0040