Reg E EFT Disclosures
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.
Online Banking (OLB)
Types of Transactions:
You may access certain account(s) you maintain with us by computer using your assigned user ID 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
Stop Payment Requests
Request Withdrawal From Savings Account
Online Bill Payment. Obtain Copy of Statement
Request to Open a New Account. Request a Loan
ACH Origination
Wire Transfers
EFT Tax Payments
Order Checks
Allow Export of Transaction History to Personal Financial Management (PFM) software
Limitations on Frequency and Amount:
For security purposes, there are limits on the frequency and amount of transfers you may make using this Online Banking Service.
Fees and Charges for Online Service:
There is no charge for banking online with us.
Preauthorized Electronic Funds Transfer:
You may arrange for us to 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.
Access Card (ATM/POS)
Types of Transactions/Transfers
You may use the card and Personal Identification Number (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. POS transactions will be deducted from your Primary Account. POS transactions involving a refund will be credited to your Primary Account. You may use the automated teller machine Automated Teller Machine (ATM) card and 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 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 make 15 cash withdrawals from ATMs per day
You may withdraw up to a maximum of $300 (if there are sufficient funds in your account) per day
For security, there are limits on the frequency and amount of transfers you may make using this Point of sale service
You may purchase up to a maximum of $3000 worth of goods and services per day, exclusive of ATM withdrawals
Fees and Charges
We do not charge for ATM transactions at the present time
There is a Replacement Card Fee of $10 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 Check 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 also use the card to pay for purchases from merchants that accept the POS 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 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/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 make 15 cash withdrawals from ATMs per day
You may withdraw up to a maximum of $300 (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 this Point of sale service
You may purchase up to a maximum of $3000 worth of goods and services per day, exclusive of ATM withdrawals
Fees and Charges
We do not charge for ATM transactions at the present time
There is a Replacement Card Fee of $10 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).
Telephone Banking
Types of Audio Response Services
You may access your deposit accounts by using a separate personal identification number (PIN) assigned to you and your account number in our Audio Response system. At the present time you may use the system to:
Transfer funds between your deposit accounts
Obtain balance information on your deposit accounts
Determine if a particular check has cleared your account.
Limitations on Frequency and Amount
There are no limits on the number or dollar amount of inquiries, transfers or withdrawals you may make per day. For security purposes, there are limits on the frequency and amount of transfers you may make using this Audio Response service.
Fees and Charges for Audio Response Transactions
We do not charge for any Audio Response Transactions.
The following limitations may be applicable to your accounts, except as provided by law:
Liability for Unauthorized VISA Point of Sale Debit Card Transactions
Notify 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). 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 cards or Visa PLUS ATM transactions, 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. The same consumer liability limits shall apply to Interlink Transactions. 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, Audio Response PIN, or online banking PIN has been lost or stolen. 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, you can lose no more than $50 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. Also, if your statement shows transfers that you did not make, 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 (801) 756-7681, or write us at BANK OF AMERICAN FORK, AMERICAN FORK OFFICE, 33 EAST MAIN ST., AMERICAN FORK, UT 84003.
Business Days
For purposes of these electronic funds transfer disclosures, our business days are Monday through Friday. Holidays are not included.
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. If you have a passbook account, you may bring your passbook to us and we will record any direct deposits that we made to your account since the last time you brought in your passbook.
Terminal Receipt
You can get a receipt at the time you make any transfer to or from your account using one of our ATMs or a POS terminal.
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 (801) 642-3456 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 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 (888) 842-3456, or write us at Bank of American Fork, Bank Card Department, 5405 West 11000 North, Highland, UT 84003 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 (10) business days.
We will determine whether an error occurred within ten (10) 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 (10) 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 account, 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 (5) business days after you notify us instead of within ten (10) or twenty (20) 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
To comply with government agency or court orders
If you give us your written permission
Personal Identification Number (PIN)
The ATM PIN, POS PIN or Audio Response 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, POS PIN or Audio Response 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 (21) 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, POS and Audio Response Services
You agree that we may terminate this agreement and your use of the ATM Card, POS or Audio Response services, if:
You or any authorized user of your ATM PIN, POS card or PIN or Audio Response 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, POS card or PIN or Audio Response 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 services 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 payment. 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 (3) 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 (14) days after you call. We will charge you $17.00 for each stop payment order you give.
Notice of Varying AmountsIf these regular payments may vary in amount, the person you are going to pay will tell you, ten (10) 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 TransfersIf 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 ProvisionsThere 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 finds 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 increases our required reserve on the account.
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