Agreement and Disclosure
Community Bank Check Card
Effective Jun 1, 2004
This card agreement is a contract between you and us (“Card Agreement”) regarding your Community Bank Check Card. It describes the electronic banking services you can use with your card and includes information about our and your rights and obligations. It supplements the Deposit Agreement and Disclosures and Account Service Charges and Miscellaneous Fees (collectively, the “Deposit Agreement”) that apply to each Community Bank deposit account that you link to your card. If the Deposit Agreement is inconsistent with this card agreement, this card agreement governs. Throughout this card agreement, the words “we,” “us” or “our” refer to Community Bank operated by Bank of America. “You” and “your” refer to each person to whom we issue a Card and the owner of each deposit account to which a card is linked. “Card” means the Community Bank Check Card that is linked to at least one deposit account with us. You agree to the terms of this card agreement by using or accepting a Card or by allowing another person to use a Card. It is generally our policy to extend the protections of the Electronic Funds Transfer Act and Regulation E to all consumer accounts maintained by Community Bank, even if the account was established outside the United States. We reserve the right to make exceptions to this policy in unusual situations where we deem such an exception appropriate.
1. Your Responsibility
When you opened a Community Bank checking account, you requested a Community Bank Check Card and a four (4) digit personal identification number (PIN) to use with your Card. These items are being provided in separate mailings. You agree to use your Card only in the manner and for the purposes described in this card agreement. If you attempt to use your Card in any other manner or for any other purpose, we may decline the transaction or in our discretion we may complete it without incurring any obligation to honor the same type of transaction on future occasions. You must sign your Card. You are responsible for all transactions and charges incurred through use of your Card by you or by anyone you allow to use your Card. You will take reasonable precautions to prevent unauthorized use of your Card or disclosure of your PIN. You will notify us promptly if such use or disclosure occurs. If you overdraw your account in connection with a transaction, you must promptly repay us. You agree not to use or attempt to use an expired, revoked or otherwise invalid Card. If you breach or do not fulfill any term of this card agreement, you are responsible to us for all damages and losses. You understand that your Card is not a credit card and is not protected by laws governing credit cards such as the Federal Truth in Lending Act. Your Card does not provide credit or overdraft protection.
2. Getting Started
| a. | Linking accounts. You must link your Check Card to at least one primary Community Bank checking account. We may limit the number of deposit accounts that you may link to your Card. |
| b. | Your PIN. You also need a four (4) digit PIN to use with your Card. You should have already received or will currently receive your authorized PIN that applies to this Check Card. If you have not, please contact your local Community Bank or call us at 1-800-239-9427 or DSN (510) 226-2265 (in San Antonio 270-9427). |
| c. | Activating your Card. When we send you a Card, for your protection, the Card is not activated. Before using your Card, you need to activate it by completing an ATM transaction using your authorized PIN received separate from your Card. If you do not wish to use your Card, please dispose of the Card carefully by cutting it up. |
| d. | Using your Card. You may use your Card and PIN to perform ATM transactions at a Community Bank ATM and at a non-Community Bank ATM that displays one of the network logos on the back of your Card. You may also use your Card and PIN to make purchases at a merchant that displays one of the network logos on the back of your Card. With your Check Card linked to your checking account, you may use your Check Card to make purchases at a merchant that accepts Visa® debit cards and you may obtain cash from a financial institution displaying the Visa® logo. When you use a Check Card to make a purchase, you may either select the “credit” button on the merchant’s keypad (you do not use your PIN and will usually be asked to sign a sales draft or debit slip) or you may select the “debit” button on the merchant’s keypad (you use your PIN). In either case you are not using credit and the amount of the transaction is deducted from your deposit account. |
3. Services available at ATMs
You authorize us to act on the instructions you give us through ATMs. Different services are available at Community Bank ATMs than at non-Community Bank ATMs and fees generally apply for use of non-Community Bank ATMs. From time to time we may amend, add or delete services available at ATMs and we may place or change limits on the number or dollar amount of transactions you may make. Some transactions may not be available, or may not be immediately available, to all cardholders at some ATMs.
| a. | Community Bank ATMs. A Community Bank ATM is an ATM that prominently displays the Community Bank name on the ATM. These ATMs are generally available 24 hours a day, seven days a week, except during routine systems maintenance and occasional system down time. At some locations, business hours may restrict access. Specific hours of operation are shown at an ATM with restricted access. You must link your Community Bank accounts to your Card to access them at an ATM. You may use your Card and PIN at most Community Bank ATMs to perform the following transactions with the Community Bank accounts linked to your Card:
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| b. | Non-Community Bank ATMs. A non-Community Bank ATM is an ATM that does not prominently display the Community Bank name on the ATM. These ATMs may be owned by one of our affiliates or by someone else. You may use your Card and PIN at non-Community Bank ATMs displaying the network logos on the back of your Card (subject to the rules and regulations of those networks) to perform the following transactions with the primary Community Bank checking and savings accounts linked to your Card:
Foreign ATMs. Some ATMs outside the United States do not specify the type of account from which cash withdrawals are made. We generally deduct the withdrawal from your primary checking account. At some ATMs outside the United States you may not be able to access your savings account. Currency conversion. If you use your Card to obtain cash in a currency other than U.S. dollars, the amount is converted into a U.S. dollar amount and we deduct this U.S. dollar amount from your account. The conversion rate is determined under the network’s operating regulations and may include exchange and other fees. The conversion rate on the processing or settlement date may differ from the rate on the date of the transaction. An adjustment factor, currently 1%, may apply, depending on which network processes the transaction. | |||
| c. | Limitations on some ATM transactions. Withdrawals. We may decline your request to make a withdrawal if your available account balance, including your overdraft protection coverage, if any, is not sufficient to cover the transaction or we may complete the transaction and overdraw your account.
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4. Point of sale purchases with your Card
You may use your Card and PIN to pay for goods and services and to receive cash back from the transaction at retail locations that accept debit cards and display one of the network logos on the back of your Card. The merchant may limit the amount of cash back. In addition, you may also use your Check Card to make purchases at merchants that accept Visa® debit cards and you may use your Check Card to obtain cash at financial institutions that accept cards with the Visa® logo. You may be asked to sign a sales slip, withdrawal slip or other document, or just provide your Check Card number. The merchant or financial institution may charge a fee for these transactions. We are not liable if a merchant or financial institution does not accept your Card or Card number. Each time you use your Card to purchase goods or services or to obtain cash at a merchant or financial institution, you authorize us to deduct the amount of the transaction, including any fees, from your deposit account. You are making deductions from your deposit account. You use your Card as a debit card. Even if the merchant’s terminal allows you to choose debit (you use your PIN) or credit (you do not use your PIN), the amount of the transaction is deducted from your deposit account. It is not a credit transaction and your Card is not a credit card.
| a. | Eligible accounts. To use this purchase service, you must have a checking account linked to your Card. |
| b. | Deducting payments from your account and holds. We deduct the amount of your transaction, including any fees imposed by the merchant or financial institution, from the deposit account designated for this service. We may debit or place a hold on your account for a transaction either on the day it is presented to us for payment, by electronic or other means, or on the day we receive notice of the transaction, whichever is earlier. When you use your PIN for a transaction, the transaction generally posts to your account on the same business day if completed prior to 2:00 p.m. local time. If a merchant or other financial institution requests an authorization for a transaction you want to conduct (a preauthorization request), we may place a hold on your account for the amount of that preauthorization request. If the hold for the preauthorization request varies from the amount of the actual transaction, payment of the transaction may not cancel the hold. While the hold remains on your account, your available balance is reduced by the amount of the hold. This hold reduces the availability of funds in your deposit account to pay withdrawals such as checks or other electronic fund transfers. We are not responsible for damages or losses of any type, including wrongful dishonor, if any item is not paid because of this hold. |
| c. | Refunds, stop payments and merchant disputes. You do not receive cash refunds for returns of merchandise or services purchased using your Card. When a merchant gives you a refund for a purchase made using your Card, the refund is made on a credit voucher and will appear on your next statement. You may not place a stop payment on a purchase transaction. You must settle any disputes you have about goods or services you purchase using your Card directly with the merchant. If a merchant misrepresents the quality, price, or warranty of goods and services you purchase using your Card, we are not liable to you or responsible for any damages or losses that result from the misrepresentation. |
| d. | Recurring preauthorized payments. Recurring preauthorized payments occur when you authorize a merchant to automatically initiate a payment using your Check Card on a recurring basis. If we issue a new Card with a different number or expiration date to you, we may (but are not obligated to) provide your new card number and expiration date to a merchant with whom you have set up a recurring preauthorized payment in order to continue your recurring preauthorized payments. Stopping payment. To stop payment on a recurring preauthorized payment, contact your local Community Bank or call us at 1-800-239-9427 or DSN (510) 226-2265 (in San Antonio 270-9427) in time for us to receive your request at least three (3) business days before the payment is scheduled to be made. If we get your request to stop payment closer to the payment date, we may not be able to stop the payment. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. You must tell us the exact amount of the payment you want stopped, as well as other identifying information that we request. A stop payment order, whether oral or written, is effective for at least six (6) months. We may charge you a fee for each stop payment request and each renewal of that request. This fee is the same as the fee we charge you for stopping payment of a check. Please see the Deposit Agreement. If you request us to stop payment and have provided us with the information we require within the above time periods and we fail to stop payment, we will be liable for your damages directly caused by our failure to stop payment. If you want to discontinue a recurring preauthorized payment entirely, or if your Card or account to which it is linked is closed, you should contact the merchant and tell the merchant to cancel the recurring preauthorized payment. Notice of varying amounts. If these recurring preauthorized payments vary in amount, the merchant you authorized to initiate payments is required to tell you 10 days before each payment. You may contact the merchant and 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 with the merchant. |
| e. | Foreign currency purchases. If you purchase goods or services with your Card in currency other than U.S. dollars, Visa converts the charge or credit into a U.S. dollar amount. The conversion rate will be determined under Visa regulations. The conversion rate on the processing date may differ from the rate on the date of your transaction. Currently, Visa uses a currency conversion rate of either (1) a wholesale market rate or (2) a government-mandated rate, increased in either case by an adjustment factor determined by us and Visa. In each case, Visa uses the rate in effect one day before the conversion date. The adjustment factor is currently 1% of the U.S. dollar amount. For each converted transaction, we post to your account the converted U.S. dollar amount determined by Visa. The adjustment factor is subject to change without notice. |
| f. | Merchant acceptance of your Card. We have no liability or responsibility if, for any reason, your Card is not honored for all or part of a transaction at any establishment or the merchant fails to abide by the applicable network rules and regulations when accepting your Card. |
5. Dollar Amount Limits on Transactions
When you use your Card at ATMs and for purchase transactions, we may apply two daily limits to the amount you are authorized to withdraw from your accounts during each day – a cash limit and a purchase limit. We establish these limits for purposes of issuing authorizations to ATM systems and merchant processing systems. We may issue authorizations, and permit withdrawals and purchases, in excess of your daily limits. We may decline any transaction if you do not have enough available funds in your account, including your overdraft protection coverage, if any, to cover the transaction or we may complete the transaction and overdraw your account. We may decline any transaction if it appears to us to be suspicious.
Cash limit. For all cardholders, the cash limit is $509.
Purchase limit. The purchase limit is the total amount of goods or services you are authorized to pay for each day from your accounts by using your Card. Cash back you may receive from purchase transactions counts against your purchase limit. Cash back also includes:
(a) purchases of money orders, cashier’s checks, or other similar instruments and other things of value and
(b) cash you obtain from a financial institution. Your purchase limit is $1500.
For security purposes, we may place other restrictions on the purchase limit from time to time.
Please note that some ATMs may not be able to dispense the full amount of your cash limit in a single transaction in which case you may need to perform more than one transaction.
6. Overdrafts and Unposted Transactions
When you do not have enough available funds in your account, including your overdraft protection coverage, if any, to cover a transaction, we consider the transaction an insufficient funds item. We may either return the transaction unpaid or complete it and overdraw your account. In either case, we may charge you an insufficient funds fee. Please see the Deposit Agreement. If use of your Card (such as an ATM withdrawal or POS purchase) results in an overdraft on your account, you agree to immediately repay us the amount of the overdraft, including our fees. If you participate in an overdraft protection program, a transfer to cover an overdraft created by using your Card is subject to the terms of the agreement for that program. If your deposit account is closed leaving outstanding, but unposted, transactions originated by using the Card, we may reopen your deposit account and post these transactions to your deposit account. You agree to immediately repay us the amount of these outstanding transactions including our fees.
7. Documentation of Transfers
ATM transfers. You can get a receipt at the time you make any transfer to or from your account using an ATM. However, this receipt is not final since each transaction is subject to verification by us. If the receipt and our records conflict, our records will govern.
Purchase service. When you make a purchase or cash-back withdrawal, the merchant or financial institution usually gives you a receipt.
Deposit account statements. We send you a monthly deposit account statement unless there are no transfers in a particular month. In any case, we send you a statement at least every three (3) months. Your deposit account statement lists each transaction and the date it was posted to your account. The date the transaction posts to your account may be different from the date on your receipt, which shows the day you conducted the transaction. If you think your deposit account statement or ATM receipt is wrong, or if you need more information about a transaction, contact your local Community Bank or call us at 1-800-239-9429 or DSN (510) 226-2265 (in San Antonio 270-9427).
8. Business Days
For electronic transactions, our business days are Monday through Friday, excluding bank holidays. All transactions made after our business day cut-off time or on a day that we are not open are considered to be made on the next business day that we are open. Our business day cut-off time for deposits at a Community Bank ATM is either 2:00 PM (local time) or such later time as may be posted.
9. Electronic Banking Fees
We charge fees for electronic banking services to your deposit account. For other fees that apply, please refer to the Deposit Agreement. We may also charge you a handling fee if you request a special service.
| a. | Transactions at Community Bank ATMs. There are no ATM fees to make withdrawals, transfers or balance inquiries using your Card at Community Bank ATMs. |
| b. | Transactions at Non-Community Bank ATMs. Charges are as follows:
When you use a non-Community Bank ATM, 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. |
| c. | Other Electronic Banking Fees. For checking and savings accounts, if your minimum balance falls below the minimum balance requirement during the month we may charge a maintenance fee. We charge a stop payment fee for each request to stop payment on a transfer. Please see the Deposit Agreement for details. When you use your Card for a purchase transaction, the merchant may assess a fee. These fees are normally disclosed at the ATM or merchant’s location and may be included in the transaction amount that appears on your account statement. |
10. Disclosing Information to Third Parties
We may disclose information to third parties about your account or the transactions you complete:
| 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, or with the request of a federal regulator |
| If you give us your written permission |
| As otherwise required or permitted by law or government regulations |
| As stated in the Deposit Agreement and Disclosures brochure |
11. Electronic fund transfer rights
| a. | Error Resolution. In case of errors or questions about your electronic transfers, contact your local Community Bank or call us at 1-800-239-9427 or DSN (510) 226-2265 (in San Antonio 270-9427). Call or contact us 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 60 days after we have sent you the FIRST statement on which the problem or error appeared. When you call us:
NOTICE: As part of the security system to help protect your Card and PIN, we may use hidden cameras and other security devices at some ATMs to determine who is using a Card at an ATM. | ||
| b. | Our liability for failure to complete transactions. The following description of our liability to you is not meant to be a full explanation of either your or our legal rights or obligations, which may vary, depending on applicable laws. There may also be other exceptions not specifically mentioned below. 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:
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| c. | Community Bank’s “zero liability” policy for Unauthorized Transactions.Federal law (described in the Regulation E Liability Disclosure in Section 11.d. below) may limit your liability for unauthorized use, but you may still be liable in some circumstances. Under the “zero liability” policy, you may incur no liability for unauthorized use of your Card up to the amount of the unauthorized transaction, provided you notify us within a reasonable time of the loss or theft of your Card, card number or PIN or its unauthorized use, subject to the following terms and conditions.
Excluded transactions. Our zero liability policy does not apply to any unauthorized electronic fund transfer on a consumer account which does not involve use of a Card or card number. This policy also does not apply to transactions involving any business-purpose card or account. Liability in such cases will be governed by the applicable bank agreement disclosure. | ||
| d. | Regulation E Liability Disclosure. Your Responsibility in Case of Loss, Theft, or Unauthorized Transactions.The following provisions apply only to accounts established primarily for personal purposes and do not apply to business accounts. Tell us AT ONCE if you believe your Card, card number, or PIN has been lost, stolen or learned by an unauthorized person. Telephoning is the best way of keeping your possible losses down. Contact your local Community Bank or you may call us at 1-800-239-9427 or DSN (510) 226-2265 (in San Antonio 270-9427).If you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 for an unauthorized electronic funds transfer or a series of related unauthorized transfers should someone use your Card or PIN without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Card or PIN and we can prove we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500. Losses could include the money in your account plus any advances on a line of credit or overdraft protection linked to your account.Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us in writing within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us on time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. |
Note: These liability rules are established by Regulation E. Our Zero Liability policy, as described in Section 11.c. above, regarding unauthorized transactions on personal accounts that involve use of a personal Card, may give you more protection, provided you report the transactions promptly. Also, Texas state law may give you more time to report an unauthorized transaction or may give you more protection.
You should also note that when you give someone your Card or PIN, you are authorizing that person to use your Card and you are responsible for all transactions that person performs with your Card or PIN. These transactions are authorized transactions. Transactions are considered unauthorized only after you notify us that the person is no longer authorized. Transactions that you or someone acting with you initiate with fraudulent intent are also authorized transactions. Remember, do not write your PIN on your Card or carry the PIN with you. This reduces the possibility of someone using your Card without your permission if it is lost or stolen.
12. Security
| a. | Confidentiality of PIN. You agree not to disclose to anyone the PIN furnished by us or selected by you to be used in ATM or point of sale transactions with the Card. |
| b. | ATM safety. Please refer to the safety tips for using your Card at ATMs found on the last page for important information about how to protect yourself when using your Card at ATMs. |
13. Our Right to Cancel or Block Your Card
We may decide not to issue or renew a Card and we may cancel or suspend your Card privileges with or without cause or notice, other than that required by federal or state law. Your Card remains our property and we may repossess it at any time. If we cancel your cardholder privileges, you must surrender the Card to us or our authorized agent upon demand or upon notice of cancellation. If the Card is used other than as permitted by this card agreement, we may at our option and without waiving any rights, complete the transactions and debit or credit your account accordingly. The cancellation of card privileges does not affect other terms for your account. If we reinstate your card privileges, this card agreement is also automatically reinstated. If the Card we send you is returned undelivered or if your Card or PIN is reported as lost or stolen, we may restrict use of any Card with the same numbers or we may restrict use of all Cards on all of your accounts. If you have not used your Card to conduct a transaction within the last 12 months, we may block or cancel your Card without any notice to you.
14. General Terms
| a. | Waiver and severability. You waive and release us from any obligations that could arise due to defenses, rights and claims you have or may have against any third party on account of the use of the Card. We may delay enforcing our rights under this card agreement without losing them. If we waive a provision of this card agreement, the waiver applies only in the specific instance in which we decide to waive the provision and not to future situations or other provisions. If any part of this card agreement is inconsistent with any applicable law, then to the extent the law can be amended by contract, you and we agree that this card agreement governs and that the law is amended by this card agreement. A determination that any part of this card agreement is invalid or unenforceable will not affect the remainder of this card agreement. |
| b. | Sales drafts/debit slips. We report Card transactions on your deposit account statement. We do not return copies of sales drafts or debit slips or other items related to the use of the Card. You may obtain a copy of a sales draft or debit slip upon your prompt request. |
| c. | Amendments. We may change this card agreement at any time. For example: we may add new terms and conditions and we may delete or amend existing terms and conditions. We generally send you advance notice of the change. If a proposed change is favorable to you, however, we may make the change at any time without advance notice. If you continue to use your Card, you agree to the revised agreement. If you do not agree, you must cancel this card agreement by notice to us and destroy your Card(s). |
| d. | Joint accounts. If your checking or savings account is jointly owned with one or more other persons, each of you is subject to this card agreement and each of you is individually and jointly responsible for all obligations arising from the use of your Card. Any notice given by us will be deemed given to all parties on a joint account if mailed in writing (or electronically sent, if you agree to receive notices electronically) to any one person bound by this card agreement at the address we have for that person in our records. |
| e. | Credit or information inquiries. You authorize us to make from time to time such credit, employment and investigative inquiries as we deem appropriate in connection with the issuance and use of your Card. We may furnish information concerning your account or credit file to consumer reporting agencies and others who may properly receive that information and as otherwise provided in the Deposit Agreement. |
| f. | Legal transactions. You agree that you will only use the Card for transactions that are legal where you conduct them. Display of a Visa® or other payment card logo by an on-line merchant does not mean that an internet transaction is legal where you conduct it. You agree that we may charge your account for such transactions and that we are not liable to you if you engage in an illegal transaction. For example, we reserve the right to decline transactions with merchants we have identified as unsuitable but we are not obligated to do so. If we do not decline such transactions, you authorize us to deduct the amount of such transactions from your account. |
| g. | Applicable law. Your and our rights and obligations under this card agreement are governed by and interpreted according to the laws of the state of Texas and federal law. If state and federal law are inconsistent, federal law governs. |
15. Other Agreements
Your use of our electronic banking services may also be affected by the agreements between you and us for your deposit accounts. When you link an account to your Card, you do not change the agreements you already have with us for that account. For example, when you use your Card to access another deposit account, you do so under the terms and conditions we gave you in the agreement and disclosure for that deposit account. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions which might impact your use of an account with our electronic banking services.
16. Telephone Number And Address To Be Notified In Event Of Unauthorized Transfer And Lost Or Stolen Community Bank Check Cards
If you believe your Card is lost or stolen, or that someone has transferred or may transfer money from your account without your permission, you must notify us immediately by contacting your local Community Bank or calling 1-800-239-9427 or DSN (510) 226-2265 (in San Antonio 270-9427).
If unauthorized activity occurs, you agree to cooperate during the Investigation and to complete a Lost/Stolen Card and Fraud Claims Report or similar affidavit.
Card use tips
With your Check Card, you can perform routine banking transactions any time of the day or night through ATMs. You can also use your card at thousands of ATMs across the country and around the world.
To make sure you receive all of the benefits of your card, here are a few tips on how to protect your privacy and use your card safely.
| 1. | The activity around Community Bank ATMs may be monitored/recorded by surveillance cameras. |
| 2. | When you enter or exit an enclosed ATM, close the door completely. Do not open locked ATM vestibule doors for others or allow any unknown persons to enter the ATM area while making your transaction. Authorized customers should have their own access. |
| 3. | After completing your transaction and before exiting the ATM area, securely place your card and cash on your person immediately. Count it later in the safety of your locked car or home. |
| 4. | Shield the keypad with your hand or body while entering your PIN. Do not leave your transaction record at the ATM. Keep it in a safe place, so you can compare it to your statements. |
| 5. | If you use a drive-up ATM, be sure passenger windows are rolled up and your doors are locked. |
| 6. | Be aware of your surroundings, especially after dark. If you must use an ATM at night, consider taking someone with you. |
| 7. | If you notice anything suspicious or unsafe, such as lighting around the ATM not working, use another ATM or return later. |
| 8. | Report all crimes immediately to military authorities or law enforcement and your local Community Bank. |
We hope these suggestions will help you enjoy convenient banking with your Community Bank Check Card.
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OPS 00-1001 (Rev. 06/04)
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