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ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURE

This Agreement and Disclosure is made in compliance with federal laws regulating electronic funds transfer (EFT) services. Electronic funds transfers are electronically initiated transfers of money, including electronic check conversions, involving a deposit 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.

TYPES of TRANSFERS: 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. 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.
  • Obtain balance information on your deposit accounts.

LIMITATIONS ON FREQUENCY AND AMOUNT: For security purposes, there are limits on the frequency and amount of transfers you may make at ATMs.

FEES AND CHARGES FOR ATM TRANSACTIONS:

  • There is no charge for ATM withdrawals at machines owned by us.
  • There is a charge for each ATM withdrawal at machines we do not own.
  • There is no charge for ATM deposits at machines owned by us.

MASTERCARD DEBIT CARD TYPES OF TRANSACTIONS: 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 Savings and Loan Association may designate from time to time.

LIMITATIONS ON FREQUENCY AND AMOUNT: Amount available for authorization is equal to checking account balance.

FEES AND CHARGES: We do not charge for any POS transactions.

The following limitations may be applicable to your accounts, except as provided by law:

Liability for Unauthorized MasterCard Point of Sale Debit Card Transactions.
Tell us AT ONCE if you believe your MasterCard point of sale debit card has been lost or stolen or of any unauthorized transactions. Your liability for unauthorized use of your point of sale debit card with the MasterCard logo when it is used as a MasterCard point of sale debit card will not exceed Zero dollars ($0.00) if the conditions set forth below have been met, or unauthorized use before notification to us. Zero liability will apply only if: you report the loss or theft of your card within twenty-four (24) hours of discovering it lost or stolen; and you can demonstrate that you have exercised reasonable care in safe-guarding your card from risk of loss or theft; and you have not reported two more or incidents of unauthorized use to us within the preceding twelve (12) months; and your account us in good standing. These consumer liability limits apply only to United States issued MasterCard branded consumer cards. If the transaction does not meet the conditions set forth above, these limits with respect to unauthorized transactions may be exceeded to the extent allowed under applicable law (see Liability for Unauthorized Transfers paragraph below). "Unauthorized us" means the use of your point of sale debit card by a person, other than you, who does not have actual, implied, or apparent authority for such use, and for which you receive no benefit. 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.

MasterCard is a registered trademark of MasterCard International Incorporated.

Electronic Check Conversion Transactions
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
When you provide a check as payment, you authorize us either to make a one-time electronic funds transfer from your account or to process the payment as a check transaction.
When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment and you may not receive your check back from your financial institution.

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, or POS card 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 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 $50.00 if someone used your card or code without 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 $500.00. Also, if your statement shows transfers that you did not make including those made by card, PIN or other means, 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 an ebank customer service representative at (770) 863-9225 or (888) 278-9898 toll free, or write us at ebank, 2410 Paces Ferry Road, Atlanta, GA 30339. You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

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.
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 purchase at 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 (770) 863-9225 OR (888) 278-9898 toll free 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 form 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 money in your account is subject to legal process or other claim restricting such 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 stared the transfer.
  • If the 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 (770) 863-9225 or (888) 278-9898, or write us at 2410 Paces Ferry Road, Atlanta, GA 30339 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 (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 if within ten (10) business days, we may not credit your account.

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 an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the applicable time periods for action shall be twenty (20) business days in place of ten (10) business days. If a notice of error involves an electronic fund transfer that was initiated in a foreign country, occurred within thirty (30) days after the first deposit to the account was made, or is a point of sale debit card transaction, the applicable time period for action shall be ninety (90) calendar days in place of forty five (45) calendar days.

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; or
To comply with government agency or court orders; or
If you give us your written permission.

PERSONAL IDENTIFICATION NUMBER (PIN): The ATM PIN or POS 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 or POS 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 of 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 attorney’s fees and costs, including fees on any appeal, subject to any limits under applicable law.

TERMINATION OF ATM AND POS SERVICES: You agree that we may terminate this Agreement and your use of the ATM Card or POS services, if:
You or any authorized user of your ATM PIN or POS card or 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 or POS card or 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 service 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.

OTHER PROVISIONS: 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 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 increase our required reserve on the account.

ATM SAFETY TIPS: As issuers of Automated Teller Machines (ATM) access devices, we have provided for your information a list of safety precautions regarding the use of automated teller machines. Please read the following safety tips:

  • Be aware of your surroundings, particularly at night.
  • Consider having someone accompany you when the automated teller machines are used after dark.
  • It is appropriate to politely ask someone who is uncomfortably close to you to step back before you complete your transaction.
  • Refrain from displaying your cash. Pocket it as soon as your transaction is completed. Count the cash later in the safety of your car or home.
  • Consider using another automated teller machine or coming back later if you notice anything suspicious. If you are in the middle of a transaction and you notice something suspicious, cancel the transaction, pocket your ATM access device and leave.
  • Go to the nearest public area where people are located if you are followed after making a transaction.
  • Report all crimes to law enforcement officials immediately.

ebank Compliance Officer
compliance@ebank.com
888-955-3308

Revised 07/20/2005 Regulation E Disclosure

ELECTRONIC FUNDS TRANSFER DISCLOSURE

Revised 07/20/2005 Regulation E Disclosure