Complete the following steps to apply:

Transcription

1 Complete the following steps to apply: Print and read the Easthampton Savings Bank Business ATM & Debit Cardholder Agreement which is attached to this document. Complete the Business ATM or Debit Card User Authorization Form. Submit your form using one of the following options: Drop off the form at one of our convenient branch locations. Mail the completed form to: Easthampton Savings Bank C/O Deposit Operations PO Box 351 Easthampton, MA Fax the completed form to: (413)

2 EASTHAMPTON SAVINGS BANK BUSINESS ATM & DEBIT CARDHOLDER AGREEMENT Easthampton Savings Bank (hereafter "Bank or "ESB') is pleased to offer you the Business ATM Card or a Business VISA Debit card (the Card ) for use by your business (the Company') with your ESB business deposit account(s) (the "Account(s) ). This Agreement contains the rules and regulations covering the use of the Card. By requesting and accepting the Card you agree to comply with the terms and conditions of this ESB Business ATM & VISA Debit Cardholder Agreement (the "Agreement ). The authorized signers and terms and conditions of the signature card and/or Appendix A applicable to your Account are hereby incorporated into and made part of this Agreement, except that if there is any conflict between the signature card/ Appendix A and this Agreement, this Agreement shall control. 1. Card Issuance: a) On written request by a representative of the Company in a form acceptable to the Bank, ESB will issue a Card to the Company to be used by a person named in the request as an authorized user (the "Card User"). Each Card User will receive a Card and the Personal Identification Number ("PIN') to be used with their Card in the mail at the Card User s mailing address on file with bank. b) All Cards remain ESB's property. No Card is transferable. c) Only the Card User to whom a Card is issued may use that Card and only the Card User who receives the PIN or selects a PIN may use that PIN. PINS must be kept secret. If the Company or the Card User believes a PIN for a Card User is no longer secret because it has been disclosed, the Company shall notify the Bank immediately. d) THE COMPANY REPRESENTS AND WARRANTS TO ESB THAT ALL CARDS TO BE ISSUED AT THE COMPANY'S REQUEST ARE FOR BUSINESS PURPOSES ONLY AND WILL NOT BE USED BY ANYONE FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. 2. Card Use: a) The Company may designate which of its business Account(s) it wishes to access with the Cards on the Appendix A Business ATM or Debit Card User Authorization form". b) ESB ATM Card Users are allowed to make: (a) cash withdrawals from the Account(s) up to the lower of the Company's available balance or the designated combined daily Cash and Point of Sale Transaction Limit (as defined below); (b) cash withdrawals can also be made up to the aforesaid Cash and Point of Sale Transaction Limit at any CIRRUS, NYCE or SUM ATM's (Note: Lower limits may apply at some NYCE/CIRRUS/SUM locations; and an additional transaction fee may be charged for any non ESB ATM transaction); (c) deposits of checks or cash to the Company's Account(s) at any ESB ATM. (Note: bulk deposits may only be made through the use of a Night Depository bag at ESB locations which have night depository functions); (d) transfers of funds between Company Account(s) that have been so designated for access on Appendix A; and (e) inquiries into Account(s) balances. c) ESB Business Debit Card users are allowed to access the same features as the ESB ATM card plus the ability to make point of sale purchases wherever VISA Debit Cards are accepted. d) Some of these services may not be available at all locations. e) The combined daily Cash and Point of Sale Transactions Limit (as defined below) applies to all transactions at VISA, ESB ATM, CIRRUS, NYCE, SUM, and other approved electronic banking machines taken together. To maintain the security of the system, the combined daily Cash and Point

3 of Sale Transaction Limit is reduced in some circumstances, at the discretion of ESB or the network. ESB has the option to reduce the combined daily Cash and Point of Sale transaction Limit for each Card or in the aggregate for all Card(s) for the Company without previous notice. f) All deposits, payments, and other transactions initiated by a Card User are subject to later proof and verification by the Bank. The transaction receipt form is not a binding receipt. All items are received for collection and all credits are provisional subject to final payment being received by the Bank. Any checks or items deposited by the Company that are returned to ESB for any reason will be deducted from the Company's account and a fee charged. Refer to the current bank fee schedule. 3. Limitations: a) Bank or Regulatory: Electronic payments (i.e. POS, Debit, or ATM transactions) will be honored if properly presented and if there are sufficient collected funds available in the Company's Account(s). For business checking account(s), there are no Federal limits on the number of transfers, though the Card User is subject to the combined daily Cash Limits and Point of Sale Transaction Limits specified in this Agreement (see below). Special limitations on Savings and Money Market type accounts: Please note that by Federal Law, the Company is limited to six (6) transfers and/or third party transfers per statement cycle from any savings or money market type savings account(s). Transfers covered by this limit include POS transfers, ESB ATM transfers to third parties, ESB 24 Hr telephone, or other telephone transfers, checks or drafts presented for payment by third parties and certain other third party transfers. Any transfers presented for payment in excess of six (6) transfers per statement cycle may be subject to a penalty fee, reduction of interest rate on deposit account to 0.00% or possible revocation of the ESB ATM/Debit or other transfer privileges. Please note that no electronic charges or debits may be made on passbook type accounts and that debit card transactions may only be made against a primary checking account. b) Combined Daily Cash and Point of Sale Transaction Limits: Cash and Point of Sale limits for ESB ATM Card, ESB Business VISA Debit card transactions are limited to: A. Total ATM Withdrawals, and Debit Card (point of sale) purchases per day $2, per Card or your available account balance, whichever is less; Card limits are subject to change without notice; B. All transfers, withdrawals and purchases are subject to your available account balance; C. There may be other limitations, for example, because of security reasons or because a third party (such as NYCE, CIRRUS, SUM, or VISA ) has other limits. 4. General Provisions: a) This Agreement shall be governed by Federal and Massachusetts laws. If there is any conflict between the provisions of this Agreement and any applicable law the provisions of this Agreement shall be deemed modified to the extent required to comply with the applicable law. b) No waiver, alteration, or modification of any provision in this Agreement shall be binding on ESB unless in writing and signed by an authorized representative of ESB. c) No waiver by ESB of any provision in this Agreement shall operate as a waiver of any other provision or the same provision on a future occasion. d) For the purposes of this Agreement, the Bank's business days are Monday through Friday. Holidays not included.

4 e) This Agreement may not be assigned by the Company, any attempted assignment shall be void. This Agreement shall be binding upon the parties and inure to the benefit of the parties and their respective successors and permitted assignees. f) Section headings are for convenience only and are not part of this Agreement. This Agreement shall also be subject to the terms and conditions below and on Appendix A, the Bank's by laws and to the provisions of all agreements, rules or regulations applicable to the Company's Account(s) and future amendments of the same. ADDITIONAL TERMS AND CONDITIONS OF BUSINESS ESB ATM & ESB/VISA Debit Cards: 5. Fees Charged: The Company agrees to pay all charges applicable to its Account(s), including charges for electronic banking transactions in accordance with the current Bank s Fee Schedule applicable to business accounts. ESB may deduct such charges from any Account(s) the Company has with the Bank. Please refer to separate Fee Schedule for additional information. Please note that if you use another bank s ATM, those banks may charge you a fee for using their ATM that is separate from any fee we may charge for ATM usage. Depending upon the type of account, you may earn a monthly allowance on deposit balances to offset charges. Please see your account officer or visit one of our banking offices to determine which charges can be offset with the earnings allowance and current earnings allowance rate. 6. Notices: a) The Bank will regularly mail to the Company a monthly account Statement for its Account(s) with the Bank. The Company agrees to review promptly all statements and other materials that ESB sends to the Company, and in the event of an Account(s) discrepancy, the Company will notify the Bank within thirty (30) days of receipt if the discrepancy is reflected on the monthly account Statement. Discrepancy notice to Company will be deemed to have occurred as of the date of the monthly account Statement mailed to the Company. b) The Company agrees that the Company and any Card User will notify the Bank by telephone or in writing at once of the loss or theft of any Card, disclosure of any PIN or any unauthorized use of a Card, PIN or Account(s). c) Notice may be given to ESB in person at a branch or by telephone (413) at our Deposit Operations Department but any oral notice must be confirmed immediately in writing to ESB, Deposit Operations Department, 36 Main Street, Easthampton, MA d) Any statement, notice, demand, or other communication by ESB shall be effective if mailed to Company at Company's last address appearing on The Bank's records. 7. Company Liability for Use of Cards: a) The Company is solely responsible for selecting Card Users and for all transactions in which a Card issued to Company is used whether or not the Company has authorized the use. b) THE COMPANY AGREES TO INDEMNIFY ESB AND HOLD THE BANK HARMLESS FROM ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) ARISING FROM OR RELATING TO THE ISSUANCE OF ANY CARD TO THE COMPANY OR A CARD USER OR THE USE OF ANY CARD.

5 c) The Company agrees that it will require and guarantee Card Users use their Cards only as permitted in this Agreement and that they will comply with all provisions of this Agreement. d) Whenever a Card User leaves the Company or the Company revokes a Card Users authorization to use a Card, the Company must obtain the Card from the Card User, cut it in half, and return it to ESB immediately. The Company remains responsible for all use of any Card occurring before the Card is returned to ESB. e) The Company agrees that any amount so transferred or withdrawn by an ESB ATM Card & ESB Business Debit Card shall be conclusive upon the aforesaid Company, and said Company assumes all risk as to error in identification, authority, other discrepancy, or mistake. The Company shall indemnify and hold the Bank harmless for any transfers or withdrawals done in good faith in accordance with this Agreement; and also any transfers purportedly effected by any person(s) on behalf of the Company under this Agreement utilizing a Card and the PIN number, prior to written notice of any revocation or modification of this Agreement or change in PIN number actually being received by the Bank. f) If the Company gives ESB notice of a lost or stolen Card or a disclosed PIN or unauthorized use of a Card, PIN, or Account by calling ESB at (413) at the Deposit Operations Department, and confirming it in writing to the Bank at the address shown above, the Company will not be liable for unauthorized transactions occurring after ESB has actually received the Company's notice and have had a reasonable opportunity to act upon the notice. Any oral notice must be confirmed immediately afterwards in writing. 8. Bank Duties: In making available the ESB Debit/ ATM services which are the subject of this Agreement, THE BANK SHALL ACT IN GOOD FAITH AND EXERCISE REASONABLE CARE AND SHALL BE LIABLE TO THE COMPANY ONLY FOR LOSSES CAUSED BY THE BANK'S FAILURE TO EXERCISE SUCH CARE AND IN NO EVENT SHALL THE BANK BE LIABLE FOR ANY SUBSEQUENT OR CONSEQUENTIAL LOSS OR DAMAGE OR FOR LOST PROFITS. In any event, ESB shall not be responsible for any claims in the following situations: a) If, through no fault of the Bank's there is not enough money in Company Account to make the transfer. b) If the transfer will exceed the credit limit on any Company over draft line. c) If the ATM where Card User was making the withdrawal does not have enough cash or is not working properly. d) If circumstances beyond the Bank's control (such as power failure, flood, fire, governmental regulation, war or other cause) prevent the transfer. e) If the funds in the Account(s) are subject to legal process or other encumbrance restricting such transfer. 9. In Case of Errors Or Questions About Electronic Transfers: In case of errors or questions about your Company s electronic transfers, including ESB ATM transactions, ESB Business Debit Card transactions, 24 Hour Telephone transactions, and /or preauthorized payments, call ESB at (413) to speak with the Deposit Operations Department, Monday through Wednesday between the hours of 8:30 A.M. and 5:00 P.M., Thursday from 8:30 A.M. to 7:00 P.M., Friday from 8:30 A.M. to 6:00 P.M. and Saturday between the hours of 8:30 A.M. and 12:00 P.M. or write to us at Easthampton Savings Bank, 36 Main Street, Box 351, Easthampton, Massachusetts ATTN: Deposit Operations Department, promptly if you think your statement or

6 receipt is wrong or if you need more information about a transfer listed in your statement or receipt. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared. Be prepared to provide us with the following information: The Company Account number and legal title; The Card User s name; Describe the error or the electronic transfer the Company thinks is incorrect or has a question about; and Inform the Bank of the dollar amount of the suspected error. If you notify the bank orally, we will require you to send us your complaint in writing within ten (10) business days following the date you notify us. We will report to you our results of our investigation within ten (10) business days or five (5) business days for VISA point of sale transactions or twenty (20) business days if the transfer involved a new account. If Company's alleged error concerns a transaction to or from a third party, the Bank's investigation may be limited to a review of its own records. It would then be the Company's responsibility to contact the third party to pursue the matter further. We will correct any error promptly. If we need more time, however, we may take up to ninety (90) calendar days to investigate your complaint or question following the date you notified us. If unauthorized use of a lost or stolen VISA Business card is reported, you are covered by the VISA Zero Liability policy. Zero liability policy covers transactions processed over the VISA network, it does not apply to ATM withdrawals and PIN transactions not processed by VISA. The Zero Liability policy excludes transactions made by a person authorized to transact business on the account and/or a transaction made by a cardholder that exceeds the authority given by the account owner. The bank is not liable for unauthorized transactions caused by the gross negligence or fraudulent action of the cardholder. If we decide to use more time to investigate a fraudulent Visa point of sale transaction we will provisionally credit your account within 5 business days of receipt of notification for the amount you think is unauthorized so that you will have the use of the money during the time it takes to complete our investigation. If we do not receive your complaint or question in writing within ten (10) business days, we may not re credit your account. If the Bank decides there was no error, ESB will send the Company a written explanation after ESB finishes its investigation. The Company may ask for copies of the documents that ESB used in our investigation and, for a reasonable fee covering the Bank's duplication costs, ESB will provide the Company with copies of any such documents the Company may request. 10. STOPPING PRE AUTHORIZED PAYMENTS: UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS. THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES (SUCH AS DEBIT CARD) UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT. If you told us in advance to make a regular payment to a third party out of your account, you can stop any of these payments. Here s how: call ESB at (413) to speak with the Deposit Operations Department, Monday through Wednesday between the hours of 8:30 am. and 5:00 p.m., Thursday from 8:30 A.M. to 7:00 P.M., Friday from 8:30 A.M. to 6:00 P.M. and Saturday between the hours of

7 8:30 A.M. and 12:00 P.M. or write to us at Easthampton Savings Bank, 36 Main Street, Box 351, Easthampton, Massachusetts in time for us to receive your request at least three (3) business days or more before the payment is scheduled to be made. If you call, we will also require you to put the request in writing and get it to us within (14) days after you call. We will charge you our standard Checking account stop payment fee in effect at the time you stop payment (refer to Fee Schedule). 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. 11. Disclosure of Information to Third Parties: In order that your privacy may be protected, we will not disclose any information about you or your accounts to any person, or organizations or agency except: a) For certain routine disclosures necessary for the completion of a transfer; or b) For verification of condition and existence of your account for a credit bureau or merchant; or c) To persons authorized by law in course of their official duties; or d) To our employees, auditors, service providers, attorneys, or collection agents in course of their duties; or e) Pursuant to a court order or lawful subpoena; or f) To a consumer reporting agency; or g) By your written authorization which shall automatically expire forty five (45) days after our receipt of your authorization. 12. Amendment and Termination: a) ESB may amend this Agreement at any time by mailing to the Company a written notice of the substance of the amendment at Company's statement mailing address at least thirty (30) days before it is effective. The amendment will be effective for transactions after its effective date unless the Company notifies ESB in writing before that date that neither the Company, nor any Card User, nor anyone else will continue to use the Company Card(s) and the Company returns all of the Company Cards to ESB. Failure to do so will be deemed acceptance of the amendment. b) Both the Company and the Bank have the right to terminate this Agreement by giving written notice to the other party effective upon receipt provided however, that in the case of the Bank, that the Bank is afforded a reasonable opportunity to act on such notice. Such termination will not affect previous transactions. Termination of this Agreement does not terminate Company's Account(s) with ESB. Closing the Account(s) to which the Company Card(s) relates shall automatically terminate this Agreement simultaneously.

8 APPENDIX A BUSINESS ATM OR DEBIT CARD USER AUTHORIZATION Business Name: Checking #: Org # Statement Savings/Money Market #: Depositor hereby agrees with Easthampton Savings Bank ( Bank ) as follows: Bank shall issue a Debit card or an ATM card bearing the name of the following authorized employee, partner, or proprietor cardholder ( Card User ). Depositor shall provide Bank with resolutions of its governing body, if any, authorizing each such issuance. Card Users Name: Signature: Card Users Name: Signature: Card Users Name: Signature: Card Users Name: Signature: Card Users Name: Signature: Card Users Name: Signature: By Signing below, I/we agree to be bound by the terms and conditions in the Easthampton Savings Bank s Business ATM & Debit Cardholder Agreement. In order to issue a card, all authorized signers must sign below. If applying for an ATM or Business Debit card: I/We hereby authorize that Easthampton Savings Bank may obtain or verify any employment, credit or other information relating to my/our ATM or Business Debit card. Anyone receiving a copy or reproduction of my/our signatures below is authorized to provide Easthampton Savings Bank such information. All Authorized Signers must sign below to authorize the issuance of the Business Debit Card or an ATM Card. (1) (2) (3) (4) For Operations Use Only Prepared By: Branch: Date: