www.framinghambank.com
CONSUMER
DISCLOSURES
Table of Contents
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.
___________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 |
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.
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.
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
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.
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 Bank Statement Savings Account to your Framingham Co-operative Bank Checking 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.