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Electronic fund transfers and related disclosures for consumer/personal accounts

This section applies only to personal accounts and does not apply to business accounts.
Electronic Fund Transfer Disclosure
We presently offer many bank services that may be considered “Electronic Fund Transfers,” including, but not limited to, ATM transactions through the NYCE®, PLUS®, Pulse® and STAR® networks; point-of-sale transactions; ACH transactions, including, but not limited to, direct deposits and preauthorized withdrawals; automated telephone transfers; and online transfers. This disclosure (as required by Federal Regulation E: Electronic Fund Transfer Act) provides information that describes your rights and responsibilities regarding these services. The Electronic Fund Transfer services are services that we can provide, assuming that you specifically request and arrange them and qualify for the service. 

ATM and Debit Card Transactions
Consistent with applicable law, you may use your ATM or debit card with your PIN to perform most routine transactions on the accounts that are accessible by your ATM or debit card.

You can use your ATM or debit card to:

  • Make cash withdrawals
  • Make deposits of cash, checks, or drafts
  • Transfer funds among Bank accounts linked to the same card
  • Obtain your most recently available account balance
  • Pay for purchases at places that have agreed to accept the card

 

Some of the above services may not be available at all ATMs or locations. 

If you are under the age of 18, you are not permitted to have an ATM or Debit Card in your name.

International ATM Transactions
ATM or debit card international transactions are converted to U.S. currency according to the rules and regulations of the ATM network. The conversion of the currency to U.S. currency may occur on a date other than your original transaction date and fees may be assessed by these networks. You are responsible for the U.S. currency amount plus any fees assessed for the currency conversion. Some services may not be available at international ATM terminals. International ATM transactions may be subject to a fee in accordance with our Schedule of Fees.

ATM Deposits
Deposits made through an ATM are posted to your account according to the terms and conditions of your account as outlined in this Agreement and our Truth in Savings Disclosures. Your funds will become available for your use in accordance with the schedule outlined in our Funds Availability Policy disclosure. Not all ATM terminals accept deposits.

Credit for each deposit made at an ATM is subject to verification of each item deposited in accordance with applicable law.  Additional delays may occur resulting in a total of nine (9) business days delayed if the Bank believes the verification process will take additional time and has reason to doubt the validity of a deposit.  You will be notified if there is an additional delay in the availability. 

ATM Card Point-of-Sale Transactions
Consistent with applicable law, you may use your ATM card with your PIN at any retail establishment where ATM cards are accepted to purchase goods and services and/or to obtain cash where permitted by the merchant. The amount of all purchases, including any cash obtained, will be deducted from your primary account, which is the first account opened.

The ATM daily withdrawal limit is $500.

Debit Card Point-of-Sale Transactions
Consistent with applicable law, you may use your debit card to purchases goods and services and/or obtain cash where permitted by the merchant, from any merchant who accepts Visa® Check Card . The merchant may require your signature instead of your PIN to authorize the purchase request. You may also use your debit card with your PIN at any merchant location where ATM cards are accepted to purchase goods, services, and/or obtain cash where permitted by the merchant. The amount of all purchases, including any cash obtained, will be deducted from your checking account.

When you make a purchase through the Card network, we may place a hold on the funds in your checking account in the amount that may be necessary to cover the amount of the transaction. (Please see Preauthorization Holds for additional information.)

The daily limit for use of your debit card is $1500. 

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.
  • Pay bills.

Limitations on Frequency of ATM Transactions and Cash Withdrawal Limits
Frequency-of-use limitations are imposed on ATM transactions for security reasons and for the protection of your account. They are not disclosed for this reason and may be changed at any time. You will be denied the use of your ATM or debit card if:

  • You exceed the daily ATM withdrawal or purchase limit;
  • You do not have sufficient available funds in your account;
  • You do not enter your correct PIN; or
  • You exceed the limit on the number of times you can use your card each day.

The receipt provided by the ATM or merchant terminal will notify you of the denial. There is a limit on the number of such denials permitted, beyond which the machine may retain your ATM or debit card. The number of attempts that will cause the retention of your ATM or debit card is also not disclosed for security reasons.

Debit Card Transactions and Daily Limits
Consistent with applicable law, you may use your debit card to purchase goods and services and/or obtain cash where permitted by the merchant, from any merchant who accepts Visa® Debit Card. The merchant may require your signature instead of your PIN to authorize the purchase request. You may also use your debit card with your PIN at any merchant location where ATM cards are accepted to purchase goods and services and/or obtain cash where permitted by the merchant. The amount of all purchases, including any cash obtained, will be deducted from your checking account.

If you use your debit card number without presenting your card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the card itself. For security reasons, we may limit the amount or number of transactions you can make on your debit card. You may not use your debit card for online gambling or any illegal transaction.

When you make a purchase through the debit card network, we may place a hold on the funds in your checking account that may be necessary to cover the amount of the transaction. (Please see “Preauthorization Holds,” below, for additional information.)

Rules of Card Association (Visa)
If you report the loss or theft of your Visa debit card within two (2) business days of when you discover the loss or theft of the card, and you have not been grossly negligent or have not engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen debit card, when used for signature-based point-of-sale transactions. If you do not advise us within two (2) business days, your liability is the lesser of $50 or the amount of money, property, labor or services obtained by the unauthorized use before notification to us.

Processing Procedures – Visa Debit Card
If you have a Visa debit card, new procedures are in effect that may impact you when you use your card at certain merchants. In the past, transactions were processed as Visa debit transactions unless you entered a PIN. Now, if you do not enter a PIN, transactions may be processed as either a Visa debit transaction or a transaction processed by another network listed on the back of your card. Merchants are responsible for providing you with a clear way of choosing to make a Visa debit transaction, if they support the option.

If a network other than Visa is used when making a transaction without a PIN, different terms may apply. Certain protections and rights described in this Agreement are applicable only to Visa debit transactions and do not apply to transactions processed by another network.

Preauthorization Holds
When your debit card or other network enhancement feature related to the card is used at a point-of-sale location to obtain goods or services or obtain cash, the merchant may attempt to obtain preauthorization from us for the transaction. We place a 10-business-day hold on your account for the amount of the preauthorization request, which 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 may not remove the hold, which will remain on the account until the end of the tenth business day. This hold may affect the availability of funds from your checking account to pay checks or for other Electronic Fund Transfers. We will not be responsible for damages for wrongful dishonor of any items that are not paid because of the hold.

Preauthorized Debits or Credits
You may arrange to have certain recurring payments automatically deposited (credited) to your account. Examples of this service include the direct deposit of Social Security and other government payments, and the direct deposit of your payroll.

You may arrange to have certain recurring withdrawals automatically paid (debited) from your account. For example, you may arrange to have insurance premiums paid automatically.

These preauthorized transfers are governed by federal regulations pertaining to Electronic Fund Transfer services that entitle you to certain protections. Requests for these services must be authorized by you, in writing, to the Originator of the transaction prior to becoming effective.

Right to Stop Payments and Preauthorized Electronic Payments and How to Do So
If you want to permanently revoke a recurring preauthorized electronic transfer you authorized from a third party, you will need to first send written instructions to the originating third party to cancel your preauthorized transfer.

If you have authorized regular payments out of your account, you can stop any of these payments by notifying our Customer Service Center by telephone or email, or by writing to us at the address below. If you notify us by telephone, you may be required to confirm the information provided by writing to us at the following address:

Account Services
Attn: Stop Payment ACH
409 Silverside Road, Suite 105
Wilmington, DE 19809

Your request must include your account number, the name of the payee, the amount of the item to be stopped, and the date payment was scheduled to be made. This request needs to be received by us three (3) or more business days before the payment is scheduled to be made. If your request is by telephone or email, we may also require you to put your request in writing and ensure that it is received by us within 14 days after your call or email. A stop-payment fee may be charged for each stop-payment and renewal order you request in accordance with our Schedule of Fees.

You are subject to the general rules of Stop-Payment Orders in this Agreement.

Stop-Payment Liability
If you order us to stop payment on any preauthorized transfer according to the requirements above and we fail to do so, we will be liable for your proven loss or damages, unless:

  • You failed to give us enough information, proper instructions or sufficient time to act on the stop-payment; or
  • We do not receive written confirmation of your telephone or email request to stop payment within 14 calendar days, and the preauthorized transfer occurs after the 14 calendar days.

In any case, we will only be liable for actual proven damages if the failure to make your transaction resulted from a bona fide error on our part, despite our procedures to avoid such errors. If we pay a preauthorized transfer over your valid and timely stop order, we may re-credit your account. If we do this, you will sign a statement describing the dispute with the payee. You agree to transfer to us all of your rights against the payee. In addition, you will assist us in any legal action taken against the payee.

In addition, if you want to permanently revoke a recurring preauthorized electronic transfer, you will need to first send written instructions to the originating third party to cancel your preauthorized transfer. We may ask you to provide us with a copy of your letter to the originating third party and sign an Affidavit of “Authorization Revoked/Stop All Payments” request with us.

Notice of Varying Amounts
If authorized regular payments may vary in amount, the third party you are paying will provide the payment amount at least 10 days before each payment, along with the payment date.

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
  • Pay bills

Our Liability for Failure to Complete an Electronic Fund Transfer
If we fail to complete an Electronic Fund Transfer transaction on time or in the correct amount when properly instructed by you, we will be liable for damages caused by our failure unless:

  • There are insufficient funds in your account to complete the transaction through no fault of ours. A fee may be charged in accordance with our Schedule of Fees;
  • The funds in your account are unavailable. A fee may be charged in accordance with our Schedule of Fees;
  • The funds in your account are subject to legal process;
  • The transaction you request would exceed the funds in your account plus any available overdraft credit. A fee may be charged in accordance with our Schedule of Fees;
  • The ATM system has insufficient cash to complete the transaction;
  • Your card has been reported lost or stolen and you are using the reported card;
  • We have a reason to believe that the transaction requested is unauthorized;
  • The failure is due to an equipment breakdown that you knew about when you started the transaction at an ATM or merchant terminal;
  • You attempt to complete a transaction at an ATM or merchant terminal that is not a permissible transaction listed above; or
  • The transaction would exceed security limitations on the use of your ATM or debit card.

In any case, we shall only be liable for actual proven damages if the failure to make the transaction resulted from an honest error despite our procedures to avoid such errors.

Fees and Charges
You will pay any applicable fees and charges we assess for your Card services and/or other electronic services that you select. Applicable fees will be deducted from your account and listed on your account statement. These charges and fees are assessed in accordance with our Schedule of Fees.

We charge a fee to use your Card at an ATM within the United States or internationally unless it is at a STARsf®   ATM, or to make a point-of-sale purchase.

 You will be charged a foreign transaction fee for point-of-sale purchases made internationally. The terminal owner may also charge you a fee for use of their ATM. You may, however, be assessed a fee by the card association, for example Visa or MasterCard, for using your Card at an ATM or making a point-of-sale purchase.

Unauthorized Transfers
Tell us AT ONCE if you believe  your ATM/debit card and/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 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 2 business days after you learn of the loss or theft of your ATM/debit card and/or PIN, you can lose no more than $50 if someone used your ATM/debit card and/or PIN without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your ATM/debit card and/or PIN, and we can prove we could have stopped someone from using your ATM/debit card and/or PIN without your permission if you had told us, you could lose as much as $500.

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 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.

You may be required to confirm the information provided over the phone in writing, by writing to us at the following address:

Electronic Card Services
409 Silverside Road, Suite 105
Wilmington, DE 19809

ATM/Debit Card Revocation
You agree that your ATM or debit card remains the property of the Bank, shall be surrendered upon demand, and may be revoked or cancelled at any time.

If you do not use your ATM or debit card for six (6) consecutive months, it may be cancelled for security reasons and will be unusable. This may occur without prior notice to you.

If your card is reissued or reactivated, a fee may be assessed for its reissue in accordance with our Schedule of Fees.

Business Days

For purposes of these disclosures, our business days are Monday through Friday. Federal holidays are not included.

Types of Electronic Fund Transfer Services Offered
Not all services offered are applicable to every account. For questions about your particular account and the availability of Electronic Fund Transfer services, including Overdraft Protection and ACH, ATM/debit card, and telephone and online transfer features, please contact our Customer Service Department.

PIN and Passwords
Your PIN and passwords are identification methods that are both personal and confidential. You are required to use your PIN with your ATM or debit card at an ATM or ATM merchant terminal. It is a security method by which we help you maintain the security of your account. Your passwords are another security method that maintains the security of your account and the transactions you process online.

Therefore, you agree to take all reasonable precautions to protect the confidentiality of your PIN, passwords, and/or other access device. As such, you agree that you will not reveal your password, PIN, or any other access device, to any person not authorized by you to use your ATM or debit card; not write your PIN or password on your card or on any item kept with your ATM or debit card; and not leave a computer or mobile device unattended after you have logged on using your password.