The Electronic Fund Transfer Act and Regulation E require Banks 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 and automatic regular payments made from your account to a third party. This disclosure also applies to the use of your ATM Card or Check Card at our automatic teller machines (ATMs) and any networks described below.

TERMS AND CONDITIONS. The following provisions govern the use of electronic fund transfer (EFT) services through accounts held by the 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.

For purposes of this disclosure and agreement the terms "we", "us" and "our" refer to the Bank named above. The terms "you" and "your" refer to the recipient of this disclosure and agreement.

ELECTRONIC FUND TRANSFER SERVICES PROVIDED

SERVICES PROVIDED THROUGH USE OF 24-HOUR TELEPHONE BANKING
You may transfer funds between your checking and savings account whenever you request. For checking and savings accounts you may make balance inquiries.

SERVICES PROVIDED THROUGH USE OF ATM CARD OR CHECK CARD
If you have received an electronic fund transfer card ("ATM Card") OR ("Check Card") from us you may use it for the type(s) of services noted below, and the following provisions are applicable:

USING YOUR CARD AND PIN. In order to assist us in maintaining the security of your account and the terminals, the ATM Card or Check 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 Check 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. We will not be required to complete any such transaction, but if we do, you do agree to pay us the amount of the improper withdrawal or transfer upon request.

Your ATM Card or Check Card may only be used with your PIN, which is used to identify you as an authorized user. Because the PIN is used for identification purposes, you agree to notify the Bank immediately if your ATM Card or Check 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 Check Card, or to write your PIN on your ATM Card or Check Card or on any other item kept with your ATM Card or Check Card. We have the right to refuse a transaction on your account when your ATM Card or Check Card has been reported lost or stolen or when we reasonably believe there is unusual activity on your account.

The security of your account depends upon your maintaining possession of your ATM Card or Check Card and the secrecy of your PIN. You may change your PIN if you feel that the secrecy of your PIN has been compromised.

ATM MACHINE SERVICES
You may withdraw cash from:
Your checking account(s)
Your savings account(s)
Your money market account(s)

You may make deposits into:
Your checking account(s)
Your savings account(s)
Your money market account(s)

You may transfer funds between:
Your checking and savings accounts
Your checking and money market accounts
Your savings and money market accounts
Your checking and checking accounts
Your savings and savings accounts
Your money market and money market accounts

You may check the balances of:
Your checking account(s)
Your savings account(s)
Your money market account(s)

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. For example, you may not be able to make deposits or transfer funds at ATMs located out of state. The owner of the ATM, if other than this Bank, may assess a surcharge on some transactions.

NETWORK. Besides being able to use your ATM Card or Check Card at our ATM terminals, you may access your accounts through the following networks: NYCE, CIRRUS, PLUS, VISA, MASTERCARD.

POINT OF SALE TRANSACTIONS
You may use your ATM Card or Check Card to purchase goods and services from merchants that have arranged to accept your ATM Card or Check Card 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 ATM Card or Check Card, including any purchase where you receive cash, are referred to as "Point of Sale" Transactions and will cause your account to be debited for the amount of the purchase.

In addition, you may use your Check Card everywhere Visa debit cards are welcome for the purchase of goods and services. Your card may also be used to obtain cash from your checking account at participating financial institutions.

Each time you use your ATM Card or Check Card the amount of the transaction will be debited from your designated account. We have the right to return any check or other item drawn against your account to ensure there are funds available to pay for the ATM Card or Check Card transactions. We may, but do not have to, allow transactions which exceed your available account balance or available overdraft protection. If we do, you agree to pay the overdraft. You also agree to pay applicable overdraft charges for each transaction (other than a one-time Point of Sale purchase or an ATM withdrawal) which causes your available account balance or available overdraft protection to be exceeded.

PREAUTHORIZED TRANSFER SERVICES
You may arrange for the preauthorized automatic deposit of funds to:
         Your checking account(s)
         Your savings account(s)
         Your money market account(s)

You may arrange for the preauthorized automatic payment of bills from:
         Your checking account(s)
         Your savings account(s)
         Your money market account(s)

ELECTRONIC CHECK CONVERSION
In some cases, checks may be represented for payment in an electronic form. When the check is presented as an electronic item, you acknowledge the Bank will not have the original paid item or image in your account statement.

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 pay bills.

LIMITATIONS ON TRANSACTIONS

CASH WITHDRAWAL LIMITATIONS - ATM CARD
You may withdraw up to $300.00 (or the balance of your account, whichever is less) through use of ATMs in any one day.

CASH WITHDRAWAL LIMITATIONS - CHECK CARD
You may withdraw up to $300.00 (or the balance of your account, whichever is less) through use of ATMs in any one day.

PURCHASE LIMITATIONS - CHECK CARD
You may make purchases up to $2,500.00 (or the balance of your account, whichever is less) using your VISA Check Card in any one day.
 
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 preauthorized withdrawals, automatic or telephonic, checks, drafts, or debit card transactions to third parties from money market and savings accounts to six per month or statement cycle. Each transaction in excess of the limit will be assessed a $5 charge in addition to other fees and charges.

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. Upon completing a transaction over $15 at an ATM you will receive a printed receipt documenting the transaction (unless you have chosen not to get a paper receipt). You will receive a receipt at the time you perform any transaction over $15 using your ATM Card or Check Card at a participating Merchant.

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.

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 316-283-2600 to find out whether or not the deposit has been made.

PREAUTHORIZED TRANSFERS. If you have arranged to have preauthorized transfers made from your account at least once every 60 days from the same person or company, you can call us at 316-283-2600 to find out whether or not the transfer has been made.

OTHER RIGHTS TO RECEIVE DOCUMENTATION OF YOUR TRANSFERS
All transactions made via telephone will be confirmed to you orally during the session.

RIGHTS REGARDING PREAUTHORIZED TRANSFERS
RIGHTS AND PROCEDURES TO STOP PAYMENTS. If you have instructed us to make regular preauthorized transfers out of your account, you may stop any of the payments. To stop a payment,
         call us at: 316-283-2600 or toll-free 1-888-283-2611
         or write:
         First Bank of Newton
         PO Box 587
         Newton, KS 67114
We must receive your call or written request at least three (3) business days prior to the scheduled payment. If you call, please have the following information ready: your account number, the date the transfer is to take place, to whom the transfer is being made and the amount of the scheduled transfer. If you call, we may require you to put your request in writing and deliver it to us within fourteen (14) days after you call.

NOTICE OF VARYING AMOUNTS. If you have arranged for automatic periodic payments to be deducted from your checking or savings account and these payments vary in amount, you will be notified by the person or company you are going to pay ten days prior to the payment date of the amount to be deducted. 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.

OUR LIABILITY FOR FAILURE TO STOP PREAUTHORIZED TRANSFER PAYMENTS. If you order us to stop one of the payments and have provided us with the information we need within three (3) business days prior to the scheduled transfer, and we do not stop the transfer, we will be liable for your losses or damages.

YOUR RESPONSIBILITY TO NOTIFY US OF LOSS OR THEFT. If you believe your ATM Card or Check Card 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:
         call us at: 316-283-2600 8:00am-5:00pm CST
         or write to:
         First Bank of Newton
         PO Box 587
         Newton, KS 67114

CONSUMER LIABILITY. You will tell us at once if you believe your ATM Card or Check Card has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit).

FOR CARDS. If someone uses your ATM Card or Check Card without your permission, your liability will not exceed $50.00 if you notify us within four (4) business days after learning of the loss or theft of the ATM Card or Check Card. If you fail to notify us within this time frame, you can lose as much as $300.00.

LIMIT ON LIABILITY FOR VISA CHECK CARD: Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen VISA Check Card. This additional limit on liability does not apply to ATM transactions, to transactions using your Personal Identification Number, which are not processed by VISA, or on commercial cards.

FOR PREAUTHORIZED TRANSFERS. If your statement shows transfers that you did not make, including those made by card or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed or transmitted 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 hospital stay) keeps you from giving the notice, we will extend the time period.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS
In case of errors or questions about your electronic fund transfers,
         call us at 316-283-2600 or toll-free 1-888-283-2611
         or write to:
         First Bank of Newton
         PO Box 587
         Newton, KS 67114
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 Bank no later than 60 days after it 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 or 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) calendar 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.

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:

image If through no fault of ours, you do not have enough money in your account to make the transfer.
image If the transfer would result in your exceeding the credit limit on your line of credit, if you have one.
image If the electronic terminal was not working properly and you knew about the breakdown before you started  the transfer.
image 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.
image If we have terminated our Agreement with you.
image When your ATM Card or Check Card has been reported lost or stolen or we have reason to believe that something is wrong with a transaction.
image There may be other exceptions stated in our agreement with you. There may be other exceptions provided by
applicable law
image If we receive inaccurate or incomplete information needed to complete a transaction.
image 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.
image If the funds in the account are subject to legal action preventing a transfer to or from your account.
image If the electronic terminal does not have enough cash to complete the transaction.

 

CHARGES FOR TRANSFERS OR THE RIGHT TO MAKE TRANSFERS
The following fees and charges may be imposed on your applicable account.

image $ 1.00 Each time you use your Direct Cash Card or First Bank of Newton Check Card at an ATM that is not a First Bank of Newton ATM, your account will be charged for each cash withdrawal
image $25.00 Preauthorized transfers stop payment fee
image $ 0.20 Low Cost Checking Account: Your account will be charged for each withdrawal, including ATM and automatic withdrawals
image $ 1.00 Regular Savings Account: There is no charge for the first four withdrawals each monthly statement period, but a fee will be assessed for each additional withdrawal, including ATM and automatic withdrawals.

 

NOTICE REGARDING ATM FEES BY OTHERS
If you use an automated teller machine that is not operated by us, you may be charged a fee by the operator of the machine and/or by an automated transfer network.

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 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:

image Where necessary to complete a transfer or to investigate and resolve errors involving the transfer(s); or
image In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant; or
image In order to comply with government agency or court orders; or
image With your consent.

 

DEFINITION OF BUSINESS DAY
Business days are Monday through Friday, excluding Saturdays, Sundays, and holidays.

AMENDING OR TERMINATING THE AGREEMENT
We may change or amend any of the terms and conditions of the Agreement and those portions of the applicable fee schedules which relate to EFT services, at any time upon at least 21 days written notice to you prior to the effective date of the change or amendment. Your failure to timely furnish notice as set forth in the written notice shall be deemed to be your acceptance of such change or amendment. If you do not agree to abide by a change or amendment, you must notify the Bank of the fact prior to the effective date of the change or amendment and cancel this Agreement. The Bank may cancel this Agreement at any time, without giving you prior notice. If you or the Bank cancels this Agreement at any time, you shall surrender your ATM Card or Check Card and you may no longer use any of the Bank’s EFT services other than the automated clearing house transfer services set forth above.

ADDITIONAL PROVISIONS

Your account is also governed by the terms and conditions of other applicable agreements between you and the Bank.

You agree not to reveal your PIN to any person not authorized by you to access your account.

There may be a delay between the time a deposit is made and when it will be available for withdrawal. You should review our Funds Availability Policy to determine the availability of the funds deposited at ATM's. All deposits are subject to next day verification.

In accordance with the requirements of the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG, this notification is to inform you that restricted transactions are prohibited from being processed through your account or relationship with our institution. Restricted transactions are transactions in which a person accepts credit, fund, instruments or other proceeds from another person in connection with unlawful Internet gambling. You agree that you will not use your account for Internet gambling or any other illegal purpose.

NOTICE OF ATM SAFETY PRECAUTIONS
SAFETY PRECAUTIONS FOR ATM TERMINAL USAGE. Please keep in mind the following basic safety tips whenever you use an ATM:

image Have your ATM Card or Check Card ready to use when you reach the ATM.
image Have all of your forms ready before you get to the machine. Keep some extra forms at home for this purpose.
image 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
image If using an ATM in an isolated area, take someone with you if possible. Have them watch from the car as you conduct your transaction.
image Do not use ATMs at night unless the area and machine are well-lighted. If the lights are out, go to a different location
image 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.
image When using the machine, stand so you block anyone else's view from behind.
image If something suspicious occurs when you are using a machine, cancel what you are doing and leave immediately. If going to your car, lock your doors.
image 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.
image Keep your receipts and verify transactions on your account statement. Report errors immediately. Do not leave receipts at an ATM location

 

(06/10)

 

MENU OF DISCLOSURES & AGREEMENTS:

arrow Electronic Disclosure Consent
arrow Bill Payment and e-Bill Terms and Conditions
arrow Statement Service Agreement and Disclosure
arrow Statement Browser Requirements
arrow Internet User Agreement
arrow Online and Mobile Banking Agreement
arrow Deposit Account Agreement
arrow Truth In Savings
arrow Customer Identification Program (CIP)
arrow Funds Availability Policy
arrow Equal Housing Lender
arrow Check Card/Direct Banking Cash Card Cardholder Agreement
arrow Electronic Funds Transfer Agreement And Disclosure
arrow What You Should Know About Home Equity Lines of Credit
arrow Important terms of the First Advantage Home Equity Line of Credit

 

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