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CONSUMER DISCLOSURES

 

Table of Contents 

 

Truth in Savings Disclosure

 

Disclosure of Account Terms

Framingham Co-operative Bank provides this information so that our customers will clearly understand the account guidelines, including how interest rates are computed.  A Bank representative will provide any additional information desired for the account you selected.

 

Date:____________________

 

Checking and Savings Accounts

 

Account

Minimum Deposit to Open Account

Minimum Daily Balance to Obtain Annual Percentage Yield

Interest Rate

Annual Percentage Yield

Free Checking

$10

N/A

N/A

N/A

Advantage Checking

$100

*

 

 

Non Profit Checking

$100

*

 

 

*Rate paid on the entire balance if a daily balance of $10 but less than $1,000

 

 

 

 

*Rate paid on the entire balance if a daily balance of $1,000 but less than $5,000

 

 

 

 

*Rate paid on the entire balance if a daily balance of $5,000 but less than $10,000:

 

 

 

 

*Rate paid on the entire balance if a daily balance of $10,000 but less than $25,000:

 

 

 

 

*Rate paid on the entire balance if a daily balance of $25,000 but less than $50,000:

 

 

 

 

*Rate paid on the entire balance if a daily balance of $50,000 or greater:

 

 

 

 

Passbook Savings Account

$10

$10

 

 

Statement Savings

$10

$10

 

 

Club Savings

$10

$10

 

 

APEX Money Market

$500

**

 

 

**Rate paid on the entire balance if a daily balance of $10 but less than $2,500:

 

 

 

 

**Rate paid on the entire balance if a daily balance of $2,500 or greater:

 

 

 

 

Non Profit Money Market

$500

+

 

 

+Rate paid on the entire balance if a daily balance of $10 but less than $1,000:

 

 

 

 

+Rate paid on the entire balance if a daily balance of $1,000 but less than $5,000:

 

 

 

 

+Rate paid on the entire balance if a daily balance of $5,000 but less than $25,000:

 

 

 

 

+ Rate paid on the entire balance if a daily balance of $25,000 or more:

 

 

 

 

 

You may obtain our current interest rates by visiting any of our offices or by calling us at (508) 820-4000.           

 

Your interest rate and annual percentage yield may change.  At our discretion, we may change the interest rate at any time.

 

Interest on non-cash deposits (for example, checks) begins to accrue on the first calendar day after the day of deposit.

We use the daily balance method to calculate the interest on your account.  A daily periodic rate is applied to the principle in the account each day.  Interest is compounded monthly and credited to your account on the statement date (on the last business day of the month for Passbook Accounts).  If you close your account before interest is credited, you will not receive the accrued interest.

Free Checking Account

There is no minimum daily balance requirement.  There is no monthly service charge.

Advantage Checking Account

There are no monthly service charges when you maintain a minimum daily balance of $1,000 in your account.  Otherwise, there is a monthly service charge of $8.

   Non Profit Checking Account

There is no minimum daily balance requirement.  Proof of no profit status is required.

    Passbook Savings Account

There are no monthly service charges when you maintain a minimum daily balance of $10 in your account.  Otherwise, there is a monthly service charge of $1.

Statement Savings Account

There are no monthly service charges when you maintain a minimum daily balance of $10 in your account.  Otherwise, there is a monthly service charge of $1.  Preauthorized transfers from your Statement Savings Account are limited to 6 each month, whether to other accounts you maintain with us or to third parties.  Only 6 of such transfers may be made by ATM/debit card or similar order made by your card payable to third parties.

Club Savings Account

There are no monthly service charges for this account.  Club checks are issued on the last business day of October.

APEX Money Market Passbook Account

There is no minimum daily balance requirement.  Preauthorized transfers from your Statement APEX Money Market Account are limited to 6 each month, whether to other accounts you maintain with us or to third parties.  Only 6 of such transfers may be made by checks payable to third parties.  Additional preauthorized withdrawals, transfers, or checks processed above these limits in a statement period are $10.00 each.

APEX Money Market Statement Account

There are no monthly service charges when you maintain a minimum daily balance of $100 in your account.  Otherwise, there is a monthly service charge of $1. Preauthorized transfers from your Statement APEX Money Market Account are limited to 6 each month, whether to other accounts you maintain with us or to third parties.  Only 6 of such transfers may be made by checks payable to third parties.  Additional preauthorized withdrawals, transfers, or checks processed above these limits in a statement period are $10.00 each.

Non Profit Money Market Account

There is no monthly service charge.  Preauthorized transfers from your Statement Non Profit Money Market Account are limited to 6 each month, whether to other accounts you maintain with us or to third parties.  Only 6 of such transfers may be made by checks payable to third parties.  Additional preauthorized withdrawals, transfers, or checks processed above these limits in a statement period are $10.00 each.  Proof of non profit status is required.

Notice to Checking Account Holders

This account consists of a checking sub account and a savings sub account.  The Bank may periodically transfer funds between these two sub accounts.  If your Account is a Plan on which interest is paid, your account calculation will remain the same.  Otherwise, the savings sub account will be governed by the rules governing our other savings accounts.  This process will not affect your available balance, the interest you earn, FDIC insurance protection, or your monthly statement. 

See our Schedule of Fees for Personal Accounts for additional services and fees.

Term Deposit Certificate Disclosure Statement

 

___________Month                __21 Month Bump-Up    __3 Month          __28 Day

This Disclosure Statement sets forth certain terms relating to your term deposit certificate with us.  These terms are part of your contract with us and are binding upon both of us.  Additional terms may be disclosed to you on separate pages.

 

(A)

(B)

(C)

Interest Rate

Annual Percentage Yield

Minimum Opening Balance

 

 

 

 

(D)

(E)

(F)

Minimum Balance Required

Maturity Date

Renewal Term

 

 

 

 

Rate Information

The interest rate for your account is disclosed in Box A with an annual percentage yield disclosed in Box B.  You will be paid this rate until the maturity date of the certificate.  Your certificate will mature on (See Box E).  Your certificate will renew for the applicable term.  (See Box F).

Interest on your account will be compounded monthly and credited to your account on the last business day of the month.  The annual percentage yield assumes interest remains on deposit until maturity.  A withdrawal will reduce earnings.

á       21 Month Bump-Up

Prior to the maturity date, you may elect to bump-up the interest rate payable on your account to the then published rate being paid on our 24 Month Term Deposit Certificate.  You may do this only once during the 21 month term.  This rate will remain in effect until the maturity date of your Term Deposit Certificate.  This rate will not be retroactive.  If you elect to take advantage of this feature, you must notify us in person or writing, at the address noted on the front of this disclosure.  We will implement the rate change the business day we receive your written request. 

á       3 Month Term Deposit Certificate

Interest on your account is simple interest.  It will be credited on the maturity date.

If you withdraw all of your funds from your account before interest is credited, you will receive the accrued interest.

á       28 Day Term Deposit Certificate

Interest on your account is not compounded.  It will be credited on the maturity date. 

If you withdraw all of your funds from your account before interest is credited, you will receive the accrued interest.

Accrual of Interest on Non-Cash Items

Interest begins to accrue on the business day you deposit non-cash items (for example, checks).

Minimum Balance Requirements

You must deposit (See Box C) to open this account.

You must maintain a minimum balance of (See Box D) in the account each day to obtain the annual percentage yield listed above.

Balance Computation Method

We use the daily balance method to calculate the interest on your account.  This method applies a daily periodic rate to the principal in the account each day.

Transaction Limitations

After the account is opened, you may not make deposits into or withdrawals of principal from your account until the maturity date.  Only the Advantage 9 Month CD offers deposits and withdrawals without penalty.  A penalty may be imposed if funds are withdrawn within 7 days of opening account, or if funds are withdrawn more than once within a 7 day period.

*The 28 Day Term Deposit Certificate allows for deposits into your account at any time, but you may not make withdrawals of principal from your account until the maturity date.

Early Withdrawal Penalty

á       A term of more than 12 months

If you withdraw any principal before the maturity date, a penalty equal to 6 months interest will be imposed and charged to your account.

á       A term of 12 months or less, but more than 3 months

If you withdraw any principal before the maturity date, a penalty equal to 3 months interest will be imposed and charged to your account.

á       A term of 3 months

If you withdraw any principal before the maturity date, a penalty equal to 30 days interest will be imposed and charged to your account.

á       A term of 28 Days

If you withdraw any principal before the maturity date, a penalty equal to 14 days interest will be imposed and charges to your account.

No penalty shall be assessed in the event of the death or adjudication of mental incompetency of any owner of the account.

Renewal Policy

This account will automatically renew at maturity for the specified renewal term.  (See Box F).

You will have a grace period of 10 calendar days after the maturity to withdraw funds without penalty.  (See Box E.)

Service Fees and Charges

We will provide a separate schedule setting forth the fees that can be imposed upon your account.

Information Provided Upon Request

If checked, we are providing this information to you at your request.  The interest rate and annual percentage yield shown above are accurate as of ______________________.

You may call our telephone number (508) 820-4000 to obtain current rate information.

 

Schedule of Fees for Personal Accounts

Abandoned Property

$50.00

ATM withdrawal or inquiry performed at a terminal not owned or operated by Framingham

Co-operative Bank (Free Checking & Advantage Checking are exempt)

50¢

Attachment

50.00

Automatic Transfer Withdrawal

2.00

Check Printing

Varies

Collections Fees:

 

U.S. Funds

No Charge

Canadian Check (Canadian Funds)

15.00

Coupon (per envelope)

5.00

Other Items

Varies

Copy of Check

2.00

Debit or ATM card Replacement

4.00

Duplicate Statement

2.00

Excessive Preauthorized Withdrawals, Transfers or Checks APEX Money Market or Statement Savings (per item over limit in a statement period)

10.00

Foreign Currency (Purchase or Sale)

Varies

Gift Cards

3.95 per card

Gift Checks

2.50 per check

IRA Withdrawal Transfer

25.00

Lost Passbook Affidavit

4.00

Money Orders ($1000 maximum) one free per withdrawal per week

3.00

Online Banking:

 

Online Banking

Free

Bill Payment

Free

Overdraft:

 

Insufficient or Uncollected Funds-Fee is imposed for overdrafts created by checks, in-person withdrawals, or by any other electronic means, as applicable. Per item

29.00

Point of Sale (POS) transaction (Free Checking & Advantage Checking are exempt)

50¢

Research per Hour (1 hour minimum)

50.00

Return Deposit Item

3.00

Returned Loan Payment Item

29.00

Stop Payment Request (per check)

20.00

Tax Levy

50.00

Telephone Balance Inquiry (Bank assisted)

1.00

Telephone Banking

Free

Travelers Cheques for Individuals (per $100)

1.00

Travelers Cheques for Two People (per ($100)

2.00

Treasurer's Checks (one free per withdrawal per week)

5.00

Domestic Wire Transfers

 

Incoming

Free

Outgoing

15.00

International Wire Transfers

 

Incoming

Free

Outgoing

40.00

 

Consumer Account Agreement

 

Thank you for choosing Framingham Co-operative Bank to serve your banking needs.  Before you start enjoying the convenience of banking with us, there are a few things weÕd like you to know as outlined in this Consumer Account Agreement (ÒAgreementÓ).

This agreement sets forth the terms, rules, and regulations under which we will provide deposit services to you.  When you sign your account opening documents or initiate a transaction, you are agreeing to the terms and conditions outlined in this Agreement.  If there is any conflict between the Agreement and the law, the Agreement will be changed to the extent required by the law.

An important part of this Agreement is the Accounts & Fees Brochure, which was provided at account opening.  Please note that if any of the fees or terms in the Agreement change and affect you adversely, we will provide written notice to you as required by law.  You agree to pay all charges that you have incurred and hereby authorize us to charge your deposit account(s) with the aggregate outstanding amount of such charges from time to time.

When reviewing this Agreement, please note the words ÒyouÓ and ÒyourÓ refer to the consumer(s) who maintain(s) a deposit account with the Bank and/or their personal representatives.  The words Òthe BankÓ, ÒweÓ, ÒourÓ, and ÒusÓ refer to Framingham Co-operative Bank.  All terms are effective as of the date of this Agreement and may be amended from time to time.

1. Deposit Protection

Deposits at Framingham Co-operative Bank are insured in full by a combination of the Federal Deposit Insurance Corporation (FDIC) and the Share Insurance Fund of Massachusetts (SIF).  To learn more, ask us for a copy of insurance guidelines or visit www.fdic.gov or www.coopcentralbank.com for additional information.

2. Taxpayer Information

The primary account signer on a consumer account is required to certify the signerÕs Taxpayer Identification Number (TIN), and certify that the signer is not subject to backup withholding of federal income taxes.

3. Account Opening

Your deposit account will be considered open once we have received and approved all required account opening documentation, assigned you an account number, and received your initial deposit.  We may, at our discretion, require additional signatures or other verification documentation during your account relationship with us, if the circumstances warrant.

4. Account Ownership/Joint Accounts

You have the flexibility to open accounts in one or more individualsÕ names.  If you choose to open an account with more than one person, your account will be treated as a joint account with right of survivorship.  We will ask each joint owner to provide identification.

Please note the following additional information about joint accounts:

á       Unless you tell us differently, the TIN under which the account will be held for IRS reporting purposes is that of the first listed owner.

á       If you have a joint account, you and your fellow joint account holders may exercise any and all rights hereunder individually and shall be jointly and severally liable for the obligations incurred under this Agreement and will be bound by this Agreement.  Each person named on the account may use any deposit account service, including electronic funds transfer services, and may close the account.  In any such event, such action shall be binding upon all account holders.

5. Special Accounts

Framingham Co-operative Bank also offers other accounts depending on your needs.  These accounts include:

ÒTotten TrustÓ (ÒIn Trust ForÓ) Accounts

A Totten Trust is a trust account not governed by a written trust that belongs to the trustee depositor(s) until the death of the last surviving trustee, at which time the funds pass to the named beneficiary for whom the funds were held.  For IRS reporting purposes, the TIN shall be that of one of the listed trustee depositor(s).

Uniform Transfers to Minors Act (UTMA) Accounts

An UTMA account is an account used to make an irrevocable gift of funds to a minor under UTMA, and is opened by the adult making the gift under the TIN of the minor.  The adult is the custodian of the account, is the only person who may transact business on the account, and is obligated to use the funds for the sole benefit of the minor.  The custodian is required to transfer the funds to the minor when the minor attains age 21.  We are not liable to the minor or anyone representing the minor for the conduct of the custodian with regard to the account.

6. Credit Reference

You agree that the Bank may, from time to time, obtain credit and other reference information, as we deem necessary from a check protection service, a credit reporting agency, or a similar service provider.

7. Deposits

We will do our best to ensure your deposits are processed efficiently.  However, all checks and other items of every kind and nature, deposited into your account are received and credited to your account subject to final collection.  In accepting items for deposit or collections, the Bank makes no warranty as to the collectibility of the items.  The availability of funds deposited will be in accordance with our Funds Availability Policy.  If a deposited item of any kind is returned unpaid for any reason at any time, we may charge the item back to your account or require a refund from you, plus any applicable fees.  Or, we may redeposit the item, in which case you waive the right to notice of dishonor.

Checks drawn on accounts outside the U.S. will be accepted for deposit on a collection basis only, and may be credited to your account subject to future collection, or not credited to your account until collection, at our discretion.  Such credit will not affect our right of charge back if the item is returned.  Your deposit of a foreign item may be subject to adjustment based on the applicable exchange rate and bank fees for the collection of foreign items.

Funds deposited through ACH or other electronic means are provisional and subject to applicable ACH rules allowing reversal of a deposit or adjustment by the originator.

To the extent not prohibited by the law, any person who deposits a substitute check agrees that he or she is making all the warranties and providing the same indemnities that we would have to make or provide as a consequence as accepting that check for deposit, including but not limited to the warranty that the check meets all the requirements for a substitute check.

Consumers making deposits through our night depository agree that deposits recorded using our standard procedures for night deposits shall determine with finality the amount of such deposits.

8. Withdrawals

To make a withdrawal, you must use properly completed checks, drafts, or other withdrawal forms or methods supplied or approved by the Bank.  Please note that we may pay items presented for payment in any order we select.  We may also refuse a request for a withdrawal if any document or identification required by law or the Bank in connection with the withdrawal has not been presented to us.

9. Cash Withdrawals

Cash withdrawals can be made at any branch location or by using your Framingham Co-operative Bank ATM Card or Debit Card.  Withdrawals made at non-Framingham Co-operative Bank ATMs may be subject to surcharges.  Please refer to the Accounts and Fees Brochure for more information.

Bank policy requires that withdrawals from passbook savings accounts and passbook certificates of deposit be permitted only with the presentation of the passbook.  Under applicable law, we reserve the right to require seven daysÕ advance written notice from you before making withdrawals from your savings deposit account.  We also reserve the right to process transactions at the request of any joint account holder of a passbook account, regardless of any language contained in a passbook to the contrary.  To the extent that there may be a conflict between this Agreement and the terms of a passbook, the terms of this Agreement shall govern.

10. Payment of Items

If an item is presented without sufficient funds in your account to pay it, we may, at our discretion, pay the item (creating an overdraft) or return the item (NSF) and you should deposit funds sufficient to cover your overdrafts and our fees immediately or on demand.  The amounts of the overdraft and the NSF fees are disclosed are on the schedule of fees.  We encourage you to maintain careful records and practice good account management.  This will help you avoid writing checks or drafts without having sufficient funds and incurring fees as a result.

11. Lost/Stolen Checks or Cards

You agree to report the loss or theft of any blank checks or you ATM card or Debit card to the bank immediately.

12. Limits on Transactions Involving Deposit Accounts

Apex Money Market and Statement Savings Accounts

Due to federal regulations, these accounts are limited to no more than 6 transfers per statement period to another account with us or to a third party via preauthorized or automatic transfer, telephonic agreement, or order of instruction.  Please note transfers made using the Online Banking Service and telephone banking are counted against the permissible number of transfers.  There are, however, no limits on the number of transfers that may be made at an ATM or in person at a teller window.

Passbook Savings Accounts

ATM, debit card, telephone banking, Online Banking, and ACH debit transactions are not permitted from a Passbook Savings Account.

13. Pledging Your Account as Collateral

If you wish to pledge your account as collateral for a loan with us, you must receive the written agreement of the Bank.

14. Notices and Statements

Framingham Co-operative Bank is committed to keeping you informed about your account.  Please note the following information about account statements and notices from us:

á       All notices and statements will be sent to the last mailing address provided by you in our records.  Any notice mailed to you at that address will be presumed to have been received by you and will be binding on you for all purposes.

á       If you change your address, you must promptly notify us in writing.

á       If notices or statements are returned to us undelivered, we may destroy them and discontinue further mailings until you notify us in writing of your new mailing address.

15. Examining Your Statement

To ensure your account information is accurate, we ask that you promptly review your account statements.  In the event that you discover the existence of unauthorized signatures, alterations, or other transactions or charges, you must notify us within 30 days of receipt of the statement.  Your failure to do so may result in your having to bear some or all of the loss with respect to the items contained in the statement.

16. Inactive and Abandoned Accounts

State law in various states often requires that any account held by a resident of that state that remains inactive for a specified period of time of years is to be considered abandoned property, and must be turned over to the official of that state responsible for abandoned property.  In the Commonwealth of Massachusetts, the period is 3 years and the official that handles abandoned property is the office of the Massachusetts State Treasurer.  If inactivity on your account approaches this time period, we will attempt to notify you in writing as required by law at least 60 days prior to remitting the funds in the account to the State.  If your funds are turned over to the State as abandoned property, we no longer have any liability or responsibility with respect to the funds and you may be able to reclaim them by contacting the state official responsible for abandoned property matters.

17. Fees and Charges

Our Schedule of Fees, which is part of this Agreement, will be provided to you at account opening and is available at our branches.  You may request a copy at any time in person or by phoning the Bank.  Please note that fees and service charges are subject to change.

18. Endorsements

Because improper endorsements may result in a charge back of a check or delay in processing, it is important that you endorse checks correctly.  All checks you cash or deposit into your account must be endorsed in the first 1.5 inches of the trailing edge of the back of the check.  You may identify the Òtrailing edgeÓ of a check by viewing the check from the front.  The trailing edge is the left edge of the check.  Your endorsement must contain your signature.

19. Stale and Postdated Checks

Framingham Co-operative Bank has the right, in our sole discretion, to pay or dishonor a check, other than a treasurerÕs or other official bank check that appears to have been properly issued, presented for payment more than 6 months after its date.  In addition, please note that you may not date a check with a date later than the day on which the check is written.  If you do, and the check is presented for payment, then we may pay it at any time regardless of its date.

20. Closing of Accounts

For our protection, Framingham Co-operative Bank may close an account or refuse to do business with any customer at any time.  Similarly, you may close your account at any time.  Please note, however, that if you close a Certificate of Deposit or other type of term deposit prior to its maturity date, you may be subject to a Bank imposed early withdrawal penalty.  The closing of your account by you or the Bank is subject to payment of all outstanding items and fees and charges.

21. Lost or Stolen Passbooks

If your passbook is lost or stolen, we will close your account and provide the funds in the account to any joint account holder, or establish a new account for you, upon receipt of: (a) an affidavit of lost passbook signed by all of the owners of record in the presence of a Bank employee (or signatures must be notarized) and completed account opening documents (if a new account is to be established), (b) presentation of identification satisfactory to the Bank, (c) payment of a replacement fee, if applicable, and (d) payment of any bond or other form of indemnification, if required by the Bank.

22. Individual Retirement Accounts (IRAs)

This Agreement does not apply to IRA accounts.  Please contact our IRA Department for more information on restrictions and requirements applicable to IRAs.

23. Funds Availability Inquiries

If you have written a check to another party, we may, at our discretion, inform the inquiring party as to whether a check in that amount cleared at that time.

24. Stopping Payment of Checks

If you wish to do so, you may request a stop payment order on a check or draft drawn on your checking account that has not already been paid.  Please allow us reasonable time to act on your request after we receive it.

Also, please note the following about placing a stop payment request:

á       Your request to stop payment on a check or a draft may be placed by telephone or in person.

á       In the case of a telephone request, you must provide us with written confirmation within 14 days of the request or the stop payment order will be released.

á       Once we receive your confirmation, the stop payment will remain in effect for 6 months from the date of the request, and may be extended upon renewal of the order and payment of any applicable fee.

á       We will confirm your stop payment request in writing.  You must notify us within 14 days of your request that the information on the confirmation is incorrect, or we will continue to honor your request as confirmed for 6 months from the date of your request, after which you may renew it by notice to us.  Your stop payment request must be accurate and contain the exact amount, date, check number, and payee name.  We are not responsible if the information you gave us is incorrect or if you fail to give any other information required identifying the check or draft with reasonable certainty and the stop payment cannot be completed.

á       To stop a payment you have previously authorized through the Online Banking bill pay service, please refer to the instructions provided to you in the Online Banking Agreement.

á       In general, a stop payment request will not be effective against a TreasurerÕs Check or other form of official Bank check, except in circumstances involving a check that is lost, stolen, or destroyed.  In that case, the request will be honored only after 30 days from the date of issuance of the check and then only after the Bank is in receipt of any documentation that the Bank requires from you in order to carry out your request.  Any stop payment order accepted that is inconsistent with this requirement may not be honored.

25. Electronic Check Conversion

Thanks to advances in technology, more and more checks are being paid electronically.  The payment of a check or draft electronically is an electronic funds transfer.  Here are some instances where your check will result in an electronic funds transfer:

á       You purchase goods or services and authorize the merchant or service provider to convert your check to an electronic funds transfer simply by accepting the goods or services for purchase.  This authorization may be implied by a posted sign at the merchantÕs establishment, for example, or a written notice that is placed on your monthly bill from the merchant.

á       At the time you authorize a merchant or service provider to convert your check to an electronic funds transfer, you may also be asked to authorize the merchant or service provider to electronically collect a charge in the event the check is returned for insufficient funds.

If you have a dispute relating to the authority of a payee on a check to generate an electronic funds transfer from your checking account instead of presenting the check in the normal course, then you should address the matter with the payee, since the Bank does not have the discretion to deny electronic payments in the normal course of business.

26. Check 21

Commonly referred to as ÒCheck 21,Ó the Check Clearing for the 21st Century Act is a new federal law designed to streamline check processing between financial institutions.  The biggest impact for our customers is the introduction of Òsubstitute checks,Ó a new legal document.

As you read about substitute checks, please keep in mind that we do not send any check information electronically.  If you do receive a substitute check, it means your check was converted to an image elsewhere, and we received that image as a substitute check.  If we receive a substitute check drawn on your account, we treat it just like a paper check.

Below is important information about your rights regarding substitute checks.  If you have any questions, please visit one of our offices, or call (508) 820-4000 to speak with a customer service representative.

To make check processing faster, federal law permits banks to replace original checks with substitute checks.  These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check.  The front of a substitute check states: ÒThis is a legal copy of your check.  You can use it the same way you would use the original check.Ó  You may use a substitute check as proof of payment just like the original check.

Some or all of the checks that your receive back from us may be substitute checks.  This notice describes rights you have when you receive substitute checks from us.  The rights in this notice do not apply to original checks or to electronic debits to your account.  However, you have rights under other laws with respect to those transactions.

In certain cases, federal law provides a special procedure  that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew  money from your account more than once for the same check).  The losses you may attempt to recover from this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees).

The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less.  You also are entitled to interest on the amount of your refund if your account is an interest-bearing account.  If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law.

If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim.

We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.

If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at (508) 820-4000.  You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later.  We will extend this time period if you are not able to make a timely claim because of extraordinary circumstances.

Your claim must include:

á       A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);

á       An estimate of the amount of your loss;

á       An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and

á       A copy of the substitute check or the following information to help us identify the substitute check: check number, name of the person to whom you wrote the check, amount of the check, and the date of the check.  After receiving your claim, we will investigate the matter and get back to you.  If warranted, we will recredit your account.

Because of the anticipated decrease in the time it will take for checks to clear, it is more important than ever that, when writing a check, you are sure there is enough money in your account to cover it.

27. Right of Set-Off

If you have any debts due to us or amounts you owe us, then the Bank reserves the right of set-off, or to use funds in your deposit account to pay any debts or amounts you owe us, even if withdrawal results in an interest penalty or dishonor of subsequent checks.  For joint accounts, we may exercise our rights against the entire balance to pay the individual debts of any one owner of the account.  You and your joint account owners agree that the Bank may use the funds in your individual or joint accounts to satisfy obligations of the joint account.  Any garnishment or other levy against your account(s) is subject to the BankÕs right to set-off and any security interest that Bank may have.  To the extent not prohibited by the law, the Bank may exercise its right of set-off against any deposit regardless of its source, including deposits of social security, disability or other governmental benefits normally protected from creditorsÕ claims, and you expressly acknowledge and agree that such set-off is permissible and to waive your rights to such protections.

28. Expense Reimbursement

If you fail to pay any amount owed to us, then you will be liable to pay any expenses reasonably incurred by the Bank, including attorneyÕs fees, in seeking payment of the amount owed.

You also agree to be liable to the Bank for any loss, costs, or expenses, including, without limitation, administrative costs of responding to an attachment, garnishment or other levy, and reasonable attorneyÕs fees.  This involves any fees that the Bank incurs as a result of any dispute involving your account, that causes the Bank, in good faith, to seek legal counsel.  In addition, you authorize us to deduct any such loss, costs, or expenses from your account without notifying you.  This obligation applies to disputes between you and the Bank involving your account and situations where the Bank becomes involved in disputes between you and an authorized signer, another joint owner, or a third party claiming an interest in the account.

29. Evidence of Transactions

If we institute legal action against you in connection with your account, we may introduce into evidence a copy, microfilm, or microfiche of any document evidencing a transaction under this Agreement and such copy, microfilm, or microfiche shall be deemed as valid as the original document.

30. Choice of Law and Choice of Venue

This Agreement, as well as the partiesÕ rights and obligations hereunder, shall be in all respects interpreted, enforced, and governed by and under the laws of the United States and the Commonwealth of Massachusetts.  Any lawsuit between the Bank and you, arising under this Agreement or otherwise, shall be brought in a court located within the Commonwealth of Massachusetts.

31. Notices

Any notice sent by us shall be effective when mailed to you, unless otherwise noted, at your last address on record with us.  To the extent allowed by law, notices from you to us must be in writing and shall be effective when received by us, unless otherwise noted.

32. Waiver of Rights by the Bank

We reserve the right to waive the enforcement of any of the terms of this Agreement with you with respect to any transaction or series of transactions.  Any such waiver will not affect our right to enforce any of our rights with respect to other customers, or to enforce any of our rights with respect to future transactions with you.  Please note that any waiver is not sufficient to modify the terms and conditions of this or any other agreement.

33. Amendment

We reserve the right to modify or amend this Agreement at any time, and we will notify you prior to any such changes that would adversely affect your account, as required by law.  Any waiver of an Agreement term, or customer accommodation that is inconsistent with the terms of this Agreement, shall be deemed an amendment to this Agreement, and the terms of this Agreement shall remain in full force and effect.

34. Important Information-USA Patriot Act

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.

Here is what this means to you: When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you.  We may also ask to see your driversÕ license or other identifying documents.

35. ACH and Wire Transfers

This agreement is subject to Article 4A of the Uniform Commercial Code – Fund Transfers as adopted in the state in which you have your account with us.  If you originate a fund transfer for which Fedwire is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment.  We may rely on the number even if it identifies a financial institution, person or account other than the one named.  You agree to be bound by automated clearing house association rules.  These rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code.  If we do not receive such, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited.  If we receive a credit to an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit. 

36. Inquiries

If you have any questions about this Agreement, please speak with a Bank representative, or call us at 508-820-4000 or email us at info@framinghambank.com.  We look forward to serving all of your financial needs.  Thank you for choosing Framingham Co-operative Bank.

 

Consumer Funds Availability

 

I.               Your Ability to Withdraw Funds

Typically, our policy is to make funds from your deposits available immediately.  Electronic direct deposits will be available on the day we receive the deposit.  Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written.

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays.  If you make a deposit on a business day that we are open, we will consider that day to be the day of your deposit.  However, if you make a deposit on a day we are not open, we will consider that the deposit was made on the next business day we are open.

II.             Longer Delays May Apply-Case by Case Delays

In some cases, we will not make all of the funds that you deposit by check immediately available to you.  Depending on the type of check that you deposit, funds may not be available until the 2nd business day after the day of your deposit.  However, the first $200 of your deposits will be immediately available on the first business day.

If we are not going to make all of the funds from your deposit immediately available we will notify you at the time you make your deposit.  We will also tell you when your funds will be available.  If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.

If you need the funds right away, you should ask us when the funds will be available.

III.           Exception Delays for Certain Specified Reasons

In addition, funds you deposit by check may be delayed for a longer period under the following circumstance:

·       We believe a check you deposit will not be paid.

·       You deposit checks totaling more than $5,000 on any one day.

·       You redeposit a check that has been returned unpaid.

·       You have overdrawn your account repeatedly in the last 6 months.

·       There is an emergency, such as failure of computer or communications equipments.

·       You deposit a double endorsed check.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available.  They will generally be available no later than the 5th business day after the day of your deposit.

IV.           Special Rules for New Accounts

If you are a new customer, the following special rules will apply during the first 30 days your account is open.

Funds from electronic direct deposits to your account will be available on the day we receive the deposit.  Funds from deposits of cash, wire transfers and the first $5,000 of a days total deposits of cashier’s, certified, teller’s, traveler’s and federal, state and local government, Federal Home Loan bank checks and U.S. Postal Money Orders may be available on the first business day after the day of your deposit if the deposit meets certain conditions.  For example, the checks must be payable to you (and you may have to use a special deposit slip).  The excess over $5,000 will be available on the 5th business day after the day of your deposit.  If your deposit of these checks (other than a U.S. Treasury Check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit.

Funds from all other check deposits will be available on the 5th business day after the day of your deposit.

V.             Deposits Made at Automated Teller Machines

If you are depositing funds (cash or checks) at an automated teller machine (ATM), the funds from your deposit will typically be made available on the following business day.  All deposits are subject to review.  Please refer to section II, III and IV if applicable.

 

18/65 Fee Exemption

 

Customers Age 18 or Under, or 65 or Older

If you are age 18 or younger or age 65 or older, you are entitled to one savings account and one checking account free of specified service charges, upon request.  (Additional requirements apply for minor accounts; please see customer service for further information.)  To qualify, you must submit proof of age and be the sole or primary (first listed) account owner.  Please refer to our Accounts & Fees Brochure for information regarding fee waivers.

A reasonable charge, as determined by the commissioner of banks, may be assessed against such as account when payment has been refused because of insufficient funds on checks or other transactions drawn on such an account.


Privacy

Description: FCB Privacy Notice-1

 

FCB Privacy Notice 2

 

Online Banking Agreement and Electronic Funds Transfer Disclosure

 

 

Online Banking Agreement

This Agreement and Disclosure contains the terms and conditions of Online Banking, the Internet banking service of Framingham Co-operative Bank, the disclosures required by Electronic Funds Transfer Act and additional information required by Massachusetts law.  By using Online Banking, you indicate your agreement to the terms and conditions of Online Banking.  Online Banking is a consumer electronic banking service that allows you to access your account information, check balances, transfer funds and, if you elect to register for the additional service (and are approved), to pay bills.  You may access Online Banking using a personal computer through Framingham Co-operative Bank’s web page on the Internet.  Our internet address is http://www.framinghambank.com/.  For the purpose of this document, “you” and “your” shall refer to each depositor who signs up for Online Banking.  “We”, “us”, “our”, and “Bank” shall refer to the Framingham Co-operative Bank.  All references to the time of day in this agreement and disclosure refer to Eastern Standard Time.

General Information about Online Banking

You may use Online Banking any time, day or night, seven days a week.  Online Banking, however, may occasionally be temporarily unavailable due to Bank record updating or technical problems.  In addition, access to Online Banking is made available according to the terms of a service agreement between the Bank and Intuit financial Services.  Intuit Financial Services created and owns software that makes Online Banking possible.  Any interruption of service or access caused by Intuit Financial Services may prevent your use of Online Banking.

Services Available through Online Banking

Online Banking service allows you to:

·       Transfer funds electronically between certain Framingham Co-operative Bank accounts.

·       Schedule recurring transfers.

·       Set up notifications for balances and certificates of deposits.

·       Arrange reminders for loan payments.

·       Utilize a personal reminder notification.

·       Obtain account information and view checks online.

·       See if a check has cleared.

·       View online statements (eStatements).

·       Export data to some versions of personal financial management packages such as Quicken, QuickBooks, and Microsoft Money.

Additional services within online banking that have their own Terms and Conditions to be accepted are:

·       Text Message Banking

·       Interbank Transfers

·       POP Money

·       eStatements

General Information about Online Banking Bill Payment

You may use Online Banking Bill Payment any time, day or night, seven days a week.  Online Banking Bill Payment, however, may occasionally be temporarily unavailable due to technical problems.  In addition, access to Online Banking Bill Payment service is made available according to the terms of a third party service agreement among Framingham Co-operative Bank, Intuit Financial Services and FIS.  FIS processes all Bill Payment transactions.  Any interruption of service or access caused by Intuit Financial Services or FIS may prevent your use of Online Banking Bill Payment.

Online Banking Bill Payment service allows you to:

·       Access your primary checking account to pay most bills.

·       Cancel or modify Future and Recurring Bill Payments.

         Note: your ability to cancel payments is limited; see Canceling Online Banking Bill Payments below.

·       Export Bill Payment data to some versions of personal financial management packages such as Quicken, QuickBooks, and Microsoft Money.

Equipment and Technical Requirements

To use Online Banking, you must have Internet access through an Internet Service Provider (ISP) and Internet browser software.  The Bank does not make any warranties on equipment, hardware, software or ISP Service, or any part of them, expressed or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose.  The Bank is not responsible for any loss, injury or damages, whether direct, indirect, special or consequential, caused by the Internet Provider, any related software, Online Banking or the use of any of them or arising in any way out of the installation, use or maintenance of your personal computer hardware, software or other equipment.

Access

If two or more depositors are joint owners of the account accessed by Online Banking, each may have access to the account through Online Banking.  When your Online Banking is linked to one or more joint accounts, we may act on the verbal, written, or electronic instructions of any authorized signer regarding your service for those accounts.  Each person on a joint account will be liable for all transactions that are made on that account by all other joint account holders of that account.  It is your responsibility to notify us if a signer should no longer be given access to the joint account through Online Banking.  Notices sent to the address of one account holder are binding on all account holders.

We recommend that you print or store a copy of this Agreement for your records.  You may also review this Agreement from time to time, and at your convenience on our website at www.framinghambank.com.  If you are unable to print or store a copy of this Agreement or if you experience a computer or printer malfunctions, please call us and we will mail you a paper copy of this Agreement.

Email Use

We may, if you use any of the notification or alerts offered within any of the Online Banking services, send account information to the email address(es) you designate.  Sensitive information such as account numbers will be only partially shown (masked).  Other than these notices, we will not send to you, and we strongly suggest that you do not send to us, any confidential information regarding your accounts via the public Internet, as it is not necessarily secure.

We may, if you are have multiple bad logins or are locked out, email you at your designed email address, alerting you regarding the condition of your login status.

We will not send you email requesting confidential information such as account numbers, PINs, or passwords.  If you receive such an email purportedly from us, do not respond to the email and notify us by calling (508) 820-4000.

Agreement and Acknowledgment

By using Online Banking or authorizing others to use Online Banking, you acknowledge that you have received and understand the terms of this Agreement and agree to be bound by the provisions of this Agreement and by the agreements incorporated herein by reference that also govern your account with us.  These Agreements may be amended from time to time and notice of such changes will be provided to you by us as may be required by Applicable Law.

Business Day

Framingham Co-operative Bank’s Customer Service can be reached during normal business hours, Monday through Friday.  Holidays are not included. 

Transaction Procedures

Bill Payments: When you initiate a Bill Payment transaction, sufficient funds must be available in the account at the time you initiate the transaction.  In the case of future or recurring payments, sufficient funds must be available in your account on those designated dates.  The funds will not be withdrawn from your account until those dates.

All Bill Payments you make through Online Banking will be deducted from your designated checking account.  Your payees must all be located within the United States and accept payment in U.S. dollars.  Each payee must appear on the payee list you create, and the bill you are paying must be in your name.  You may not use Online Banking to make payments to federal, state, or local governments.  Some other categories of payees may also be restricted. 

Some Bill Payments may be delivered electronically to your payee within three business days of the scheduled “Processing Date.”  Some payees, however, are not set up to accept electronic payment.  In these cases, a check will be sent, which may take up to ten business days to process and deliver to the payee.

You must allow sufficient time, up to ten business days to process the Bill Payments so that the funds can be delivered to the payee before the payment due date.  If you do not allow sufficient time, you will be responsible for all late fees, finance charges or other actions taken by the payee.  Framingham Co-operative Bank is not liable in any way for damages you incur if you do not have sufficient funds in your account to make the payment, if you do not allow sufficient time for delivery to the payee or if there have been delays in mail delivery, changes of merchant address or account number, the failure of any payment in a timely manner or for any other circumstances beyond the control of Framingham Co-operative Bank.  In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through Online Banking.  We will not automatically resubmit a payment for you after the funds have become available.

Internal Account Transfers

You may transfer funds only from your checking account to a Framingham Co-operative Bank statement savings account or passbook savings account; from a statement savings account to another statement savings account, to a passbook savings account or to a checking account.  You may make transfers from your checking or statement savings accounts to certain Framingham Co-operative Bank loan accounts.  These transfers will be processed as loan payments according to the terms of the individual loan account affected.  You may not transfer from a passbook savings account online.  For Money Market Accounts and Statement Savings Accounts, you may not make more than six transfers from your account each statement period whether to accounts you maintain with us or to third parties.  You cannot make transfers from or to Certificates of Deposit.  All Bill Payments and Transfers are subject to the terms and conditions of the deposit account being accessed.  All transfers are made on collected funds only.

Please note that not all account types are eligible for all types of transfers.

One Time Transfers

When transferring funds between two Framingham Co-operative Bank statement accounts between the hours of 6am and 8pm on a business day, the funds should be available immediately.  If the transfer takes place after 8pm, the funds will not be available until the next business day.  Sufficient funds must be collected and available for the transfer to occur.

Scheduled and Recurring Transfers

When scheduling a recurring transfer, the transfer takes place at 4am on the business day that the transfer was scheduled to occur.  If the date of transfer is not a business day, the transfer will occur on the next business day. Sufficient funds must be collected and available for the transfer to occur.

Notifications

When requesting notifications, note that the information is valid as of 4am the day you receive the information.  If requesting a Balance Greater Than or a Balance Lesser Than notification, you will not receive a notification if the amount is equal to the amount chosen.

Mobile Banking

Mobile Banking is an included service in Framingham Co-operative Bank’s Online Banking product.  It is accessed by logging on to www.framinghambank.com on an internet enabled cell phone or tablet device.  The same user name, password, and challenge questions are required to gain access to internet banking.  Customers can view account balances, see account histories, transfer funds between Framingham Co-operative Bank accounts, and pay bills to existing payees.

Text Message Banking

Text Message Banking is a service available for Online Banking customers.  The cell phone number must be registered within an online banking session.  Two cell phone numbers per customer are permitted.  The customer may deactivate either or both cell phone numbers at any time.  Once a cell phone number is registered only one primary account is selected for balance inquiries, however balance information about accounts that are on online banking is available by texting a short message to 454545.  The messages are BAL, LAST 5, BAL ALL, BAL CHK, BAL SAV, STOP, and HELP.  Transfers from the preselected source account to the preselected primary account can be conducted by texting the short message TRANS and the dollar amount.  Standard text messaging rates apply.  Check with your provider.

Canceling or Modifying Online Banking Bill Payment

Payments can be canceled or modified only when they are found on the Pending Payment screen.  You should not, therefore, employ Online Banking Bill Payment service for payment of purchases or services unless you are satisfied that you will not need to stop a payment.

Authorization to Charge Accounts

You authorize Framingham Co-operative Bank to debit the accounts you designate for all Online Banking transactions, including the amount of any Bill Payment or Transfer that you make plus any charges for that service.  You authorize us to process Bill Payments and to transfer the funds according to your instructions.  It is the responsibility of the End User to be certain that the Payee Address and Account Number are correct when scheduling a payment. 

You also authorize Metavante to make those Bill Payments required by check even though you have not signed the check used to make the payment.

Account Information

You may check the balances of Framingham Co-operative Bank accounts that are accessed by Online Banking. 

Other Fees

Monthly Service Fee: We may charge you a monthly service fee for use of Online Banking Bill Payment.  Refer to our regularly published Fee Schedule for the applicable fees which you may be charged.  We will automatically deduct any Bill Payment fees from your designated checking account beginning 30 days from the date of application, unless a different date is agreed to.  We will continue to charge your account monthly on the same day (or the next business day if the due date falls on a weekend or holiday) until the service is discontinued.

Transaction Fees

The amount of transaction and other fees is listed in Framingham Co-operative Bank’s Fee Schedule.  The Bank’s schedule of fees is available at all branches or may be requested by phone.  Please refer to the most recent Fee Schedule and Truth in Savings Disclosure you were provided for important information regarding minimum balances and rates of interest paid.  The Fee Schedule and Truth in Savings Disclosure is available at all branch locations and may be requested by phone.

Security Procedures

You must enter your Online Banking User ID and Password at the start of each Online Banking session.  You will enter a Password to gain access to your account information.  Your Password is confidential and you are responsible for keeping it confidential.  You agree not to disclose or otherwise make your Password available to anyone not authorized to withdraw funds from your account.  Online Banking software employs sophisticated encryption to ensure the secure transmission of data.  To further insure that Online Banking transactions are kept confidential, Online Banking security system meets the requirements of the American National Standards Institute for Password security.  By using Online Banking, you agree with us that Online Banking security procedures are commercially reasonable and sufficient to insure that Bill Payment and Transfer instructions or other communication we receive from you have in fact, been made by you.  To determine this, you must consider the size, type and frequency of Bill Payments, transfers or other communications that you anticipate making.  In short, by using Online Banking, you have determined Online Banking is secure for your purposes.  If the size, type and frequency of your Bill Payments and transfers change, and because of these changes you determine that Online Banking security procedures cease to be commercially reasonable and sufficient, you must inform the Bank of this immediately.  Such a determination necessarily means that you will no longer use Online Banking for any purposes.  If you wish to learn more about Online Banking security, please ask us.

Documentation and Verification of Payments’ Confirmation Numbers

Upon completion of a Bill Payment using Online Banking, you will be given a confirmation number.  You should record this number, along with the payee, scheduled date and transaction amount in your checkbook register (or other permanent record), because this will help in resolving any problems that may occur.  No printed receipts are issued through Online Banking.

Periodic Statements

Information concerning Online Banking transactions will be shown on your regular monthly statement for the account to and from which transfers or payments are made.

We will deliver to you a statement of your account periodically.  You must examine your statement promptly.  If you discover or should have discovered any unauthorized withdrawal from funds in your account(s), you must immediately notify us of your discovery and provide us with all information necessary for us to determine whether the withdrawal was unauthorized.  To the extent that you do not promptly notify us of any such unauthorized withdrawal, you may be liable for any loss, which is thereafter sustained which we could have prevented had you promptly notified us of the unauthorized withdrawal.  You agree that you will not have acted promptly if you fail to examine your statement and report any unauthorized withdrawal to us within 60 calendar days of the date that the statement was sent to you or made available for your examination.

You agree that if you fail to provide notice to us of any unauthorized signature, alteration, forgery, or other error with respect to your account within 60 days of when we sent you the statement or made the statement available to you, you will not be able to assert a claim against us with respect to any item(s) reflected in such statement.

 FinanceWorks & Purchase Rewards Offers Agreement In addition to the above content, if you decide to use either FinanceWorks or the Purchase Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.

License Grant and Restrictions  

You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use the FinanceWorks Service (the “Service”) solely to manage your financial data, and the purchase rewards application (“Purchase Rewards Offers”) to benefit from your debit card purchases.

In addition to the FinanceWorks Service and the Purchase Rewards Offers, the terms "Service" and “Purchase Rewards Offers” also include any other programs, tools, internet-based services, components and any "updates" (for example, Service maintenance, Purchase Rewards information, help content, bug fixes, or maintenance releases, etc.) of the Service or Purchase Rewards Offers if and when they are made available to you by us or by our third party vendors. Certain Service and Purchase Rewards Offers may be accompanied by, and will be subject to, additional terms and conditions.

You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: (i) access or attempt to access any other  systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the FinanceWorks site or from the Purchase Rewards Offers program; (iii) permit any third party to benefit from the use or functionality of the Service or Purchase Rewards Offers, or any other services provided in connection with them, via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) work around any technical limitations in the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble, or otherwise reverse engineer the Service except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service or Purchase Rewards Offers or any services provided in connection with them, prevent access to or the use of the Service, Purchase Rewards Offers or any or services provided in connection with them by  other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure while using the Service; or (vii) otherwise use the Service, Purchase Rewards Offers or any services provided in connection with them except as expressly allowed under this Section 1.

Ownership  

The Service and Purchase Rewards Offers are protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.

Your Information and Account Data with Us

You are responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Service, Purchase Rewards Offers or any services provided in connection with them, and your  accounts with us (collectively, "Licensee Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Service, Purchase Rewards Offers or any services provided in connection with them (collectively, "Account Data"). You are responsible for providing access and assigning passwords to other users, if any, under your account for the Service, Purchase Rewards Offers or any services provided in connection with them, and ensuring that such authorized users comply with this Agreement. You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered using the Licensee Access Information.  It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information.  We reserve the right to deny you access to the Service, Purchase Rewards Offers or any services provided in connection with them (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grant to us and our third party vendors permission to use, Licensee Access Information to enable us to provide the Service, Purchase Rewards Offers or any services provided in connection with them to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future. 

We may use anonymous, aggregate information, which we collect and store, or which is collected and stored on our behalf by third party vendors, to conduct certain analytical research and help us to create new offerings and services for our customers. As we make additional offerings and online banking services available to you, some of which may rely on banking information maintained in your accounts, you will have the opportunity to participate in the services if you choose. If you choose not to participate, you do not need to notify us.  We may also use anonymous, aggregate information which we collect and store, or which is collected and stored on our behalf by third party vendors, to (i) conduct database marketing and marketing program execution activities; (ii) publish summary or aggregate results relating to metrics comprised of research data from time to time; and (iii) distribute or license such aggregated research data to third parties.  Additionally, automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.

Your Information and Account Data with Other Financial Institutions 

Our financial management tools allow you to view accounts that you may have outside our financial institution (this is a process called “aggregation”). When you choose to use online financial services which are applicable to data that you have transacted with other financial institutions or card issuers, you are consenting to us accessing and aggregating your data from those outside financial institutions. That data includes your financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your account(s) with other financial institutions, and the actual data in your account(s) with such financial institution(s) such as account balances, debits and deposits (collectively, "Financial Account Data"). In giving that consent, you are agreeing that we, or a third party vendor on our behalf, may use, copy and retain all non-personally identifiable information of yours for the following purposes: (i) as pertains to the use, function, or performance of the services which you have selected; (ii) as necessary or useful in helping us, or third parties on our behalf, to diagnose or correct errors, problems, or defects in the services you have selected; (iii) for measuring downloads, acceptance, or use of the services you have selected; (iv) for the security or protection of the services you have selected; (v) for the evaluation, introduction, implementation, or testing of the services you have selected, or their upgrade, improvement or enhancement; (vi) to assist us in performing our obligations to you in providing the services you have selected.

If we make additional online financial services available to you which are applicable to data that you have transacted with other financial institutions or card issuers, and which we will aggregate at this site, we will separately ask for your consent to collect and use that information to provide you with relevant offers and services. If you give us your consent, you will be agreeing to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you.

If you select services that are offered by third parties or merchants through such offers or on our behalf, you will be agreeing that we have your consent to give such third parties or merchants your geographic location, and other data, collected and stored in aggregate, as necessary for such third parties or merchants to make their offerings and services available to you and to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you.  Except as specified here, we and the third parties or merchants acting on our behalf shall not use or keep any of your personally identifiable information.

Use, Storage and Access  

We shall have the right, in our sole discretion and with reasonable notice posted on the FinanceWorks site and/or sent to your email address provided in the Registration Data, to establish or change limits concerning use of the Service and any related services, temporarily or permanently, including but not limited to (i) the amount of storage space you have available through the Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the Service in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Service and any related services to which such changes relate. Your continued use of the Service or any related services will constitute your acceptance of and agreement to such changes.  Maintenance of the Service or any related services may be performed from time-to-time resulting in interrupted service, delays or errors in such Service or related services. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.

Third Party Services  

In connection with your use of the Service, Purchase Rewards Offers, or any other services provided in connection with them, you may be made aware of services, products, offers and promotions provided by third parties, ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the performance of the Third Party Services.

 

 

 

Third Party Websites  

The Service may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website.  We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service, Purchase Rewards Offers or any other services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours.  We are not responsible for such provisions, and expressly disclaim any liability for them. Export Restrictions  

You acknowledge that the Service may contain or use software that is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the Service, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law.

Purchase Rewards Offers

 If you decide you wish to participate in the Purchase Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.

Purchase Rewards.  You will earn rewards for your participation in the Purchase Rewards Offers program based on total purchases. If you participate in the Purchase Rewards Offers, we will credit all cash or point rewards earned to your rewards balance and send you a lump sum of all rewards due to you.  For any qualifying purchases during the current month, we will distribute the lump sum amount to you during the following calendar month.  For example, if the payment date of all rewards end user disbursements is August 30, the applicable Measurement Period would be the calendar month ended July 31. Cash rewards will be deposited in the Purchase Rewards Offers deposit account which is associated with the Purchase Rewards Offers program. 

Purchase Rewards Offers Account.  You must use the debit card associated with the Purchase Rewards Offers account in order to receive the offers which qualify for the rewards.  Rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types.

Purchases must be made as indicated in the offers made available under the Purchase Rewards Offers program.  Each offer will specify whether the purchase can be made online, at a store location, or by telephone to be eligible for rewards.  You must also comply with any guidelines included with the offer, such as offer expiration dates, minimum purchase amounts, purchase limits, etc.  You must also pay using the debit card associated with the account that received the Purchase Rewards offer in order for the purchase to qualify.

While we and the merchants work hard to properly track and credit all eligible purchases, there may be times that we are unable to do so because of problems with your internet browser, the merchant's web site or our system.  Please contact our support team if you believe you have made a qualifying purchase for which you did not receive Rewards.

Please note that you will not earn rewards as part of this program if you use a debit card not issued by us or do not have the designated deposit account opened with us at the time of disbursement.

You understand and agree that we make no warranties and have no liability as to:

                Any offers, commitments, promotions, money back, or other incentives offered by any of the merchants in the Purchase Rewards Offers program. 

                The rewards information that we provide to you, which is provided “as is” and “as available”.

                (i) your inability to comply with offer guidelines, (ii) the accuracy, timeliness, loss or corruption, or mis-delivery, of any qualifying purchase information or any other information, (iii) unauthorized access to your account(s) or to your account information and any misappropriation, or alteration, of your account information or data, to the extent that the unauthorized access results from your acts or omissions, or (iv) your inability to access your account(s) including, but not limited to, failure of electronic or mechanical equipment, interconnect problems with telephone providers or internet service providers, acts of God, strikes, or other labor problems.

                Some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.

 

The following highlighted section DOES NOT apply to business accounts, as this portion relates only to consumer accounts.

THE FOLLOWING SECTION CONTAINS DISCLOSURES REQUIRED BY FEDERAL AND STATE REGULATION

Liability for Unauthorized Use

You will notify the Bank immediately if you believe that your Password has become known to an unauthorized person.

Notifying us by phone is the best way of keeping possible losses to a minimum.

If you believe that an unauthorized transfer or payment may have occurred, we may require you to sign an affidavit.

Notification of Unauthorized Transaction or a Lost or Stolen Access Device

If you believe your Password has become known by an unauthorized person or that someone has transferred money or made payments without your permission, immediately call Customer Service at (508) 820-4000.

Liability for Failure to Make Payments

If we do not send a Payment or make a Transfer on time or in the correct amount according to your instruction and in accordance with this Agreement and Disclosure, we will be liable for damages caused.  However, there are some exceptions.  We will not be liable, for instance, if:

·       Through no fault of ours, your account does not contain sufficient funds to make the payment or transfer.

·       The equipment, ATM network, phone lines, or computer systems were not working properly or were temporarily unavailable.

·       Circumstance beyond our control, such as fire or flood, prevented the Payment or Transfer, despite reasonable precautions that we have taken.

·       A court order or legal process prevents us from making a transfer or payment.

·       You have previously reported or if we have a reasonable basis for believing that an unauthorized use of your Password, or designated account have occurred or may be occurring or if you default under any agreement with us or if you or the Bank terminates this Agreement.

·       The payee does not process a payment correctly or in a timely manner.

·       There may be other exceptions stated in our other agreements with you.

·       If any of the circumstances listed immediately above occur, we will make a reasonable effort to take appropriate corrective action or to reprocess the transactions that may not have been completed or to correct transactions that have incorrectly been processed.

Electronic Funds Transfer Disclosure

In Case of Errors or Questions about Your Electronic Transfers

You should telephone Framingham Co-operative Bank Customer Service at (508) 820-4000 or write Framingham Co-operative Bank, Attention: Customer Service, 828 Concord Street, Framingham, MA 01701, as soon as you can, if you think a statement is wrong or if you need more information about a Bill Payment or Transfer listed on the statement.

We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared.

1.      Tell us your name and account number.

2.      Describe the error or 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.

3.      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 10 business days.

We will determine whether an error occurred within 10 calendar days after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 days to investigate your complaint or question.  If we decide to do this, we will recredit your account within 10 calendar days for the amount you think is in error, so that you will have use of the money during the time it take us to complete our investigation.  If we ask you to put your request in writing and we do not receive it within 10 business days, we may not recredit your account.

We will tell you the results within 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 on our investigation.

Other Problems

If you believe an error other than an electronic funds transfer problem has occurred concerning a deposit account, please call Customer Service at (508) 820-4000.

Account Information Disclosure

We will disclose information to third parties about your account and the payments or transfers you make:

·       When it is necessary for verifying or completing payments or tranfers, or resolving a problem relating to a payment or transfer;

·       In order to verify the existence and the condition of your account for a third party, such as a credit bureau or merchant;

·       In order to comply with government agencies or court orders;

·       To any subsidiary or affiliate;

·       To any employee or other auditor of Framingham Co-operative Bank solely for the purpose of an official audit, accounting, or to any other person for the purpose of servicing the account relationship, including preparation of the periodic statement of account, but only to the extent actually necessary;

·       To any attorney or collection agent of the Bank;

·       If you give us your written permission; or

·       As otherwise permitted by law, or as required by government regulations.

Recurring Deposits

If you have arranged to have deposits made to a deposit account at least once every 60 days from the same person or company, you can find out whether or not the deposit has been made through Online Banking, by logging onto www.framinghambank.com, through Telephone Banking by calling 1-888-415-9901, or by calling Customer Service at 508-820-4000.

Other Conditions

You are responsible for complying with all terms of this Agreement and Disclosure and the regulations governing the deposit accounts which you access using Online Banking.  We can terminate  your Online Banking privileges without notice to you if you  do not pay any fee required in this Agreement and Disclosure when due or if you do not comply with any of the other terms and conditions of this Agreement.  You may terminate Online Banking by providing the Bank with written notice of your desire to do so.

Change in Terms

We will mail or deliver a written notice to you at least 30 days before the effective date of any change in a term or condition disclosed in this Agreement and Disclosure, if the change would result in increased fees or charges, increased liability for you, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amounts of transfers, unless prior notice is excused by law.

Virus Protection

You agree that we are not responsible for any electronic virus that you may encounter using Online Banking.  We encourage you to routinely scan your computer and diskettes using any reliable virus protection product to detect and remove any viruses found.  Undetected or unrepaired, a virus may corrupt and destroy your programs, files, and even your hardware.

Additional Information Required by Massachusetts Law

Any documentation provided to you which indicates that an electronic funds transfer was made shall be admissible as evidence of the transfer and shall constitute prima facie proof that the transfer was made.

The initiation by you of certain electronic funds transfers from your account will, except as otherwise provided in our Electronic Funds Transfer Disclosure, effectively eliminate your ability to stop payment of the transfer.

UNLESS OTHERWISE PROVIDED IN OUR ELECTRONIC FUNDS TRANSFER DISCLOSURE, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUNDS TRANSFERS; THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES, UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.

Protected Consumer Use of Electronic Funds Transfers

Chapter 167B of the Massachusetts General Laws was enacted to provide a means for financial institutions, businesses, and consumers to conduct their business relations more conveniently.  Transferring funds electronically will supplement the use of checks, credit, and cash and will not replace these present methods of doing business.  As a consumer, you should be aware of your rights if you choose to utilize electronic funds transfers.

 

Cardholder Agreement and Electronic Funds Transfer Disclosure

 

Cardholder Agreement

The following disclosure of terms and conditions relating to your electronic fund transfer service with this institution is provided to you in accordance with the requirements of Federal and State Law.  You should read this notice carefully to understand all of the terms and conditions, which govern your electronic fund transfer service.

Contact in Event of Unauthorized Transfer

If you believe your card and/or code has been lost or stolen, call 508-820-4000 or write to Framingham Co-operative Bank, 828 Concord Street, Framingham, MA 01701.

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 disclosures, our business days are Monday through Friday.  Holidays are not included.

Transfer Types and Limitations

1.  Account Access

You may use your card or code to:

(a)    Have direct deposits made to your account at least once every 60 days from the same person or entity;

(b)    Have preauthorized payments made from your NOW/Checking, money market deposit account or statement savings account;

(c)    Withdraw cash from your statement account;

(d)    Make deposits to your statement account;

(e)    Transfer funds from your statement account(s) to another account in this institution;

(f)     Pay for purchases at places that have agreed to accept this card utilizing its point-of-sale transfer feature;

(g)    Pay for purchases at places that have agreed to accept this card utilizing its debit card feature;

(h)    Authorize the transfer of funds by telephone from your statement account(s);

(i)     Authorize the transfer of funds from your statement account(s) for the purpose of paying your bills through your home computer;

(j)     Authorize third parties to electronically debit your account at point-of-sale locations or otherwise utilizing information about your account which you provide to such third parties and which transfer we elect to honor;

(k)    Pay for fees for electronic representment of a dishonored check where you have agreed that such fees may be debited to your account electronically.

Some of these services may not be available at all terminals, or available in conjunction with all accounts.  You may have chosen to limit access by electronic means to one or more of your accounts.

2. 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

(a)    Pay for purchases, or

(b)    Pay bills.

This is called an electronic check conversion and is a process in which your check is used as a source of information, for the check number, your account number, and the number that identifies your financial institution.  The information is then used to make a one-time electronic payment from your account, an electronic fund transfer.  The check itself is not the method of payment.  It is important to remember that with this type of transaction, the transfer of funds may be immediate.

3. Limitations on Frequency of Transfers

You may have chosen to limit access by electronic means to one or more of your accounts.

(a)    You may make unlimited cash withdrawals from our terminals in a 24-hour period;

(b)    You can use our point-of-sale transfer service for unlimited transactions in a 24-hour period;

(c)    You can use the debit card feature for unlimited transactions in a 24-hour period;

(d)    There are no limits to the number of transfers you can make using our terminals;

(e)    There may be limits that apply to your card if you use your card outside of the United States of America.

4. Limitations on Dollar Amounts of Transfers

(a)    You may withdraw up to $500.00 or your available balance (whichever is smaller) from ATMs in a 24-hour period unless you request and are approved for a higher amount.

(b)    You may purchase, using the Debit Card, up to $1,000.00 of goods and/or services in a 24-hour period from places that accept the card unless you request and are approved for a higher limit.

(c)    At any time, you may limit the amount to be withdrawn to $50.00 in a 24-hour period.  To implement this limit you must give us written notice.

(d)    For security reasons, there are other limits on the transfers you can make using our terminals, authorized telephone transfer service, or other electronic transfer system.  There may be other limits that apply to your card if you use your card outside the United States of America.

5. Limitations on Preauthorized Transfers

If your account is a statement savings or money market deposit account, you may not make more than 6 transfers per month to another account with us or to a third party by means of preauthorized or automatic transfer, or telephonic agreement, order or instruction, and no more than 6 such transfers may be made by check, draft, debit card, or similar order made by you and payable to third parties.

6. Fees

Refer to our regularly published Fee Schedule for the applicable fees which you may be charged.

(a)    Per Transfer Charge-We may charge you for each transfer you make using our electronic fund transfer services as per our most recently published schedule of service charges.

(b)    Account Maintenance-We may charge you a fee each month to maintain your account(s) with us, if you fail to maintain the required minimum balance amount as per our most recent recently published schedule of service of service charges.

(c)    Interest-We pay interest on accounts accessed by these services as per our regularly published schedule of interest rates.

(d)    Fees Imposed by Others- When you use an ATM not owned or operated by us, you may be charged a fee by the ATM operator or any network used to complete the transfer and you may be charged a fee for a balance inquiry.

7. Confidentiality

We will disclose information to third parties about your account or the transfers you make:

(a)    Where it is necessary for completing transfers, or

(b)    In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or

(c)    In order to comply with a government agency or court orders, or

(d)    Where it is necessary for legal, collection, accounting or auditing purposes, or

(e)    If you give us written permission.

8. Documentation

(a)    Preauthorized Credits-If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, the person or company making the deposit will tell you every time they send us the money.  You can call us during our business hours at the telephone number shown on the front of this disclosure to find out whether or not the deposit has been made.

(b)    Periodic Statements-You will get a monthly account statement, unless there are no transfers in a particular month.  In any case, you will get the statement at least quarterly.

(c)    Passbook Account Where the Only Possible Electronic Fund Transfers are Preauthorized Credits-If you bring your passbook to us, we will record any electronic deposits that were made to your account since the last time you brought in your passbook.

(d)    Terminal Transfers-You can get a receipt at the time you make any transfer to or from your account using an electronic terminal such as an automated teller machine, cash-dispensing machine or point-of-sale terminal.

(e)    Documentation as Evidence-Any documentation provided to you, which indicate that an electronic fund transfer was made, shall be admissible as evidence of such transfer, and shall constitute prima facie proof that such transfer was made.

9. Preauthorized Payments

(a)    Right to Stop Payment and Procedure for Doing So-If you have told us in advance to make regular payments out of your account, you can stop any of these payments.  HereÕs how: Call us at the telephone number listed on the front of this disclosure or write to us at the address shown on the front of this disclosure, in time for us to receive your request 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 14 days after your call.

(b)    Notice of Varying Amount-If these regular payments may vary in amount, the person you are going to pay will tell you 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.

(c)    Liability for Failure to Stop Payment of Preauthorized Transfer-If you order us to stop one of these payments 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.

10. Financial InstitutionÕs Liability

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:

(a)    If, through no fault of ours, you do not have enough money in your account to make the transfer.

(b)    If the transfer would go over the credit limit on your overdraft line.

(c)    If the terminal or system was not properly working and you knew about the breakdown when you started the transfer.

(d)    If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.

(e)    If the automated teller machine where you were making the transfer did not have enough cash.

(f)     If the funds are subject to legal process or other encumbrance restricting such transfer.

(g)    There may be other exceptions stated in our agreement with you.

The initiation by you of certain electronic fund transfers from your account will, except as otherwise provided in this agreement, effectively eliminate your ability to stop payment of the transfer.

UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU (THE CONSUMER) MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS, THEREFORE YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.

Termination of this Agreement

You may terminate your right to use your card or code by calling us at our telephone number during our normal business hours or writing to us at the address shown on the front of this disclosure.  If you call, we may require you to put your request in writing and get it to us within 10 days after you call.

Electronic Funds Transfer Disclosure

In Case of Errors or Questions about Your Electronic Transfers

Telephone us at our telephone number shown on the front of this disclosure during our normal business hours or write to us at the address shown on the front of this disclosure 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 sent you the FIRST statement on which the problem or error appeared.

1.      Tell us your name and account number.

2.      Describe the error or 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.

3.      Tell us the dollar amount of the suspected error.

If you tell us orally, we will require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 calendar days after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 days to investigate your complaint or question.  If we decide to do this, we will recredit your account within 10 calendar days for the amount you think is in error, so that you will have use of the money during the time it take us to complete our investigation.  If we ask you to put your request in writing and we do not receive it within 10 business days, we may not recredit your account.

We will tell you the results within 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 on our investigation.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question.  For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within 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.

MasterCard Cardholder Agreement

The following terms and conditions are agreed to by you and us when we issue you a card at your request.  To the extent that any of the following terms and conditions is void or unenforceable under applicable law, this Cardholder Agreement shall be treated as if such terms or conditions did not exist and all of the other terms and conditions shall continue in full force and effect.

All of the terms set forth in the Initial Disclosure of Terms and Conditions of Electronic Fund Transfer Services are hereby made part of this Cardholder Agreement and shall govern the use of your card.

Any account which may be accessed by use of your card may also be governed by a separate set of rules and regulations which shall remain in effect with respect to such accounts, unless inconsistent with the agreements set forth in this Cardholder Agreement in which case the terms and conditions set forth herein shall control.

1. Use of Card

You may use your card to carry out the transactions described in the Disclosure Statement under the heading ÒTransfer Types and Limitation.Ó  We may agree with you in the future that other transactions can be carried out using your card and, in such event, we will notify you as to those transactions.

You agree not to use your card to effectuate any transaction which is unlawful under applicable law, such as gambling.

2. Limitations on Transfers

(a)    You may withdraw up to $500.00 or your available balance (whichever is smaller) from ATMs in a 24-hour period unless you request and are approved for a higher amount.

(b)    You may purchase, using the Debit Card, up to $1,000.00 of goods and/or services in a 24-hour period from places that accept the card unless you request and are approved for a higher limit.

(c)    At any time, you may limit the amount to be withdrawn to $50.00 in a 24-hour period.  To implement this limit you must give us written notice.

(d)    For security reasons, we may impose other limits on transfers you can make using our terminals, authorized telephone transfer service, or other electronic transfer system.

(e)    Use of your card outside of the United States of America may be subject to certain limitations.

(f)     If your account is a statement savings or money market deposit account, you may not make more than 6 transfers per month to another account with us or to a third party by means of a preauthorized or automatic transfer, or telephonic agreement order or instruction, and no more than 6 such transfers may be made by check, draft, debit card, or similar order made by you and payable to third parties.

3. Processing of International Transactions

Purchases, cash withdrawals and cash advances made in foreign currencies will be debited from your account in U.S. dollars.  The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by MasterCard¨ from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate MasterCard¨  itself receives, or the government mandated rate in effect for the applicable central processing date.  The exchange rate used on the processing date may differ from the rate that would have been used on the purchase date or cardholder statement posting date.

A fee of 1% of the transaction amount posted to your account will be imposed on all foreign transactions, including purchases, cash withdrawals, cash advances and credits to your account.  A foreign transaction is any transaction that you complete or a merchant completes on your card outside of the U.S., Puerto Rico or the U.S. Virgin Islands.

A devaluation of the U.S. dollar against the foreign currency in which the transaction was made will result in a higher than expected dollar amount charged to your account.  This currency differential, along with any transaction fee for the foreign exchange could result in your account becoming overdrawn.

4. Charges for Use of Your Card

We have published a Fee Schedule, which sets forth all applicable charges which we can make in connection with the use of your card or any electronic fund transfer.  Please refer to our most recently published Fee Schedule.  We reserve the right to amend the Fee Schedule at any time and will give you notice if we do.  You agree to pay all such charges which you have incurred and hereby authorize us to charge your deposit account(s) with the aggregate outstanding amount of such charges from time to time.

5. Joint Accounts

In the event that your deposit account(s) is held jointly with another person(s), each joint holder of said account shall be jointly and severally liable for the obligations incurred under this Cardholder Agreement and will be bound by this Cardholder Agreement.  Without limiting the foregoing, each person named on the account may close the account and may agree to amend this cardholder Agreement and, in any such event, such action shall be binding upon each other person who is bound by this Cardholder Agreement.

6. Evidence of Transactions

In the event that we institute legal action against you in connection with this account, we may introduce into evidence a copy, microfilm or microfiche of any document evidencing transaction under this Cardholder Agreement and such copy, microfilm or microfiche shall be deemed as valid as the original document.

7. Notices

Any notice sent by us shall be effective when mailed to you at your last address on our records.  To the extent allowed by law, notices from you to us must be in writing and shall be effective when received by us.

8. Default

In the event that you default in connection with any obligation owed to us, you agree to reimburse us for all costs of collection, including reasonable attorneysÕ fees.

9. Maintenance of Accounts

As long as this Cardholder Agreement is in effect, you agree to maintain at least one account for which your card can be used.  If you close all of such accounts, this Cardholder Agreement will terminate and you must return your card to us immediately.

10. Ownership of Card

The card, which we issue to you, will remain our property and you may not transfer it to any other person.  You agree to return the card to us immediately upon demand or upon termination of this Cardholder Agreement. 

11. Authorization to Withdraw Funds from Your Account(s)

You hereby authorize us to withdraw funds from your account(s) to satisfy any transaction which you have made utilizing your card.  Such authorization includes the right to charge your accounts for funds distributed to you and for charges which you have incurred pursuant to this Cardholder Agreement.

12. Amendments

We may amend any term in this Agreement or the Disclosure by sending you written notice of such amendment at least 30 days prior to the effective date of such amendment.  To the extent permitted by law, we may amend any term set forth in this Agreement or Disclosure immediately to maintain or restore the security of your account or our electronic fund transfer system.

13. Governing Law

This Agreement shall be governed by and construed under the laws of the Commonwealth of Massachusetts.  

 

Overdraft Privilege

 

It is Framingham Co-operative BankÕs (Òwe, us, or ourÓ) policy to comply with applicable laws, rules and regulations, and to conduct business in accordance with strict safety and soundness standards. A non-sufficient funds (overdraft/negative balance) may result from:

(A)            The payment of checks, electronic funds transfers, or other withdrawal requests you initiate;

(B)            Payments authorized by you;

(C)            The return, unpaid, of items deposited by you;

(D)            Charging your account for our applicable service charges and fees;

(E)            The deposit of items to your account which, according to our Funds Availability Policy, are treated as not yet ÒavailableÓ or Òfinally paidÓ.

 

We are not obligated to pay any item initiated for payment against your account if your account does not contain sufficient collected funds.

 

Rather than automatically returning, unpaid, all non-sufficient funds items that you may have, if your eligible account has been open for at least thirty (30) days and you maintain your account in good standing thereafter, we will consider, without obligation on our part, approving your reasonable overdrafts up to your assigned Overdraft Privilege Limit, including our fees. Maintaining your account in good standing includes at least:

(A)            Making deposits totaling $400 or more in your account within the first thirty (30) day period,

(B)            You are not in default on any loan obligation to us,

(C)            We reserve the right to require you to pay your outstanding overdraft (negative) balance, including our fees, immediately or on demand, and

(D)            Your account is not the subject of any legal or administrative order or levy, such as bankruptcy or a tax lien.

 

This discretionary service will generally be limited to a $750 overdraft (negative) balance for eligible personal checking account types, or a $1,200 overdraft (negative) balance for eligible business checking account types.

 

Our normal fees and charges including, without limitation, our non-sufficient funds (NSF) or overdraft (OD) fees; currently up to $29.00 per item, as set forth in our fee schedule, will be charged for each transaction initiated for payment from your checking account that does not have sufficient collected funds.

 

Typically, we will charge our normal NSF/OD fee whether we approve an overdraft item for payment or return it unpaid. Our NSF/OD fees will be included in and count against your assigned Overdraft Privilege Limit of $750 or $1,200. Whether your overdrafts will be paid or not is at our sole discretion and we reserve the right not to pay. For example, we typically do not pay overdrafts if your account is not in good standing as described above.

 

We may refuse to pay an overdraft for you at any time, even though your account is in good standing and even though we may have previously paid overdrafts for you. You will be notified by mail of any non-sufficient funds items paid or returned that you may have; however, we have no obligation to notify you before we pay or return any item. The amount of any overdrafts, including our fees that you owe us, shall be due and payable immediately. If there is an overdraft paid by us on an account with more than one (1) owner on the signature card, each owner, and agent if applicable, drawing/presenting the item creating the overdraft, shall be jointly and severally liable for such overdrafts including our fees.

 

Optional Overdraft Protection Service: We offer an additional overdraft protection service that links your Framingham Co-operative BankStatement Savings Account to your Framingham Co-operative BankChecking Account to cover an occasional overdraft item. If you apply and are approved for this optional service, you may save money on the total fees you pay us for overdraft protection services.

Account Limitations: This service is available only for eligible checking accounts that are maintained in good standing as defined above. We may, in our sole discretion, limit the number of your accounts eligible for Overdraft Privilege to one account per household and/or one account per taxpayer identification number.

Eligible Account Types: The account types that are eligible for Overdraft Privilege are: Direct Deposit Checking, No Minimum Balance Checking, Free Checking for Seniors, Interest Checking, Apex Checking, Free Checking, Advantage Interest Checking, Commercial Checking, Free Business Checking and Premier Business Checking accounts.

Transactions That May Cause or Create Overdrafts Using Your Overdraft Privilege Limit: NSF transactions initiated for payment against your checking account may be paid by us using your assigned Overdraft Privilege Limit, including our fees. Our NSF/OD fee may be imposed for paying, or not paying, overdrafts you create by checks, ACH, or in-person (teller) withdrawals. For all consumer accounts, ATM withdrawals and everyday debit card transactions require a customer to ÒOpt-InÓ to the service. Please contact a Customer Service Representative for more information about the Opt-In process for ATM and everyday debit card transactions.

 

If you have questions concerning the Overdraft Privilege Service, please visit one of our offices.

 

You May Always Opt-Out: You may choose at any time to not participate in Overdraft Privilege by notifying one of our Customer Service Representatives who will explain what this (ÒOpt-OutÓ) means, and the potential consequences, for you.

If You Need Help: Of course, overdrafts should not be used to pay ordinary or routine expenses and you should not rely on overdrafts as a means to cover these expenses. If at any time you feel you need help with your financial obligations, please contact us at (508) 820-4000.

Always a Discretionary Service: Our Overdraft Privilege Service does not constitute an actual or implied agreement between you and us. Nor does it constitute an actual or implied obligation of or by us. Our Overdraft Privilege Service represents a purely discretionary courtesy or privilege that we may provide to you from time to time and which may be withdrawn or withheld by us at any time without prior notice or reason or cause.

 

YOU DESERVE CONSIDERATIONÉ

Rather than automatically returning unpaid all insufficient funds items that you may have, we will consider, without obligation on our part, payment of your reasonable overdrafts created by checks, ACH, or in-person (teller) withdrawals up to your assigned Overdraft Privilege Limit.

You do not have to apply for this service and you do not need to sign any additional documents for the service. With some exceptions, most of our checking account types are eligible for this service. See ÒEligible Account TypesÓ in this brochure.

 

If you would like Overdraft Privilege Service expanded to include ATM withdrawals and everyday debit card transactions, you must Opt-In to this feature. A Customer Service Representative can provide information about how you can Opt-In for ATM and everyday debit card transactions.

 

If you do not use the Overdraft Privilege Service it costs you nothing. ÒUseÓ means you initiate insufficient funds transactions. If you do use the Overdraft Privilege Service you will be charged our customary fees set out in this brochure.

 

OVERDRAFT PRIVILEGE CAN MEAN

You may avoid high charges from merchants for returned checks.

You may avoid the embarrassment and inconvenience of denied purchases and dishonored checks.

Payment of your occasional and inadvertent overdrafts up to your assigned Overdraft Privilege Limit of $750 or $1,200 will normally be considered. These limits include our customary fees set out within this brochure. Our fees will be added to any outstanding overdrafts you may have and will be applied against your Overdraft Privilege limit.