Citizens Guaranty Bank Electronic Funds Transfer Agreement & Disclosure

DISCLOSURE 

This disclosure statement sets forth your rights and responsibilities as a user of the electronic fund transfer (EFT) services that Citizens Guaranty Bank offers.  It is also a statement of the Citizens Guaranty rights and obligations as a provider of electronic fund transfer services.

ELECTRONIC FUND TRANSFERS
YOUR RIGHTS AND RESPONSIBILITIES  

 Liability For Unauthorized Transfers.  If you believe your Preferred Customer ATM card or PIN, Point of Sale (POS) card or PIN or 24-Hr Account Information PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check, tell us AT ONCE.  Telephoning is the best way of keeping your possible losses down.  You could lose all the money in your account (plus your maximum overdraft line of credit).  If you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your ATM or POS card or PIN without your permission.

If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Preferred Customer ATM card or PIN or Point of Sale (POS) card or PIN, and we can prove we could have stopped someone from using your card or PIN without your permission if you had told us, you could lose as much as $500.

Also if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once.  If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.  If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.

Under federal regulation, if your ATM card is lost or stolen, you have two (2) business days to notify us.  The two (2) business day rule starts at 12:01 am on the business day after you discover your card or code has been lost or stolen and ends at 11:59 pm on the second business day.

Please see the contents of your account information brochure for complete details of the rules governing electronic fund transfers.

Contact in Event of Unauthorized Transfer.  If you believe your Preferred Customer ATM card or PIN, Point of Sale (POS) card or PIN, or 24-Hr Account Information PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call:  606.723.2139, or write: 

Citizens Guaranty Bank
PO Box 630, 25 River Drive
Irvine, KY 40336-0630 

Business Days.  Everyday is a business day except Saturday, Sundays and federal holidays.

Deposits at Automated Teller Machines.  If you make a deposit at an ATM before 3:00 PM 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 at an ATM after 3:00 PM or on a day that we are not open, we will consider that the transaction was made on the next business day we are open. 

Types of Available Services:

1.   Card Services - ATM Transactions.  You may access your account(s) by ATM using your Preferred Customer ATM card and PIN or your Citizens Guaranty VISA Check Card and PIN to:

• Withdraw cash from your checking and savings account.  You may not withdraw any more than $ 305.00 per 24-hour period (Preferred Customer ATM Card) or $ 510.00 per 24-hour period (Citizens Guaranty VISA Check Card) or amount determined by the bank.  For security reasons, there may be times when we further limit this amount.

• Make deposits to your checking and savings account.

• Transfer funds between your checking and savings accounts.

• Transfer funds from your Convenient Cash line of credit to checking account(s) with an ATM card.

• Inquire on your checking and savings account balance of those tied to your card.

• Get a mini interim statement on your checking and/or savings account showing the last five (5) transactions that have posted to your account and your available balance.

• Make a loan payment by check or cash.

• Make a loan payment from your checking or savings account.

• Make a Columbia Gas utility payment by check or cash.

• Make a Columbia Gas utility payment from your checking or savings account.

Some of these services may not be available at all terminals.  Your ability to perform the transactions above depends on the location and type of ATM you are using and the EFT network through which the transaction is being performed.  A specific ATM or EFT network may not perform or permit all of the above transactions.  For example, you may not make deposits, payments, transfer funds between accounts or get mini-statements at cash dispense only ATMs or at ATMs that do not belong to Citizens Guaranty.  Transactions at ATMs not owned by Citizens Guaranty may be subject to a surcharge assessed by the terminal owner in addition to our foreign ATM fees.  A specific ATM or EFT network may not provide you with access to all of your accounts.

2.   Card Services - ATM/Debit Card/Point of Sale/Check Card Transactions.  You may use your card to purchase goods and services from merchants who have agreed to accept your card as means of payment.  Purchases made with your card are referred to point of sale (POS) transactions and will be charged against your primary checking account.

(1) You may not exceed $305 per 24-hour period (Preferred Customer ATM Card) or $510 per 24-hour period (Citizens Guaranty VISA Check Card) or amount determined by the bank.  For security reasons, there may be times when we further limit this amount.

3.  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 pay for purchases or pay bills.  When you provide a check as payment, you authorize us to use information from your check to make a one-time electronic fund transfer from your account.  In certain circumstances such as for technical or processing reasons, we may process your payment as a check transaction.  You authorize us to collect a fee of $20.75 through an electronic fund transfer from your account if your payment is returned unpaid.  When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment and you will not receive your check back from your financial institution. 

FEES  

• Your checking and/or savings account will be charged $.99 per ATM/POS inquiry, and $.99 per ATM transaction at any foreign ATM machine or machines we do not own.

• We do not charge for inquiries or withdrawals at our ATM machines.

• We do not charge for ATM deposits at our machines.

• We do not charge for loan or Columbia Gas utility payments made at our machines.

• We do not charge for Point of Sale (POS) transactions.

• Replacement cards or Personal Identification Number (PIN) replacements will be issued at    $5.75 per replacement.

• Mini statements at our ATM machines are $.50 each.

• We do not charge for any inquiries or transactions done through our 24-hr Account Information Line.

Exchange rate for processing international transactions.  The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by VISA from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate VISA itself receives, or the government-mandated rate in effect for the applicable central processing date, plus 1 percent.

A .20% (twenty basis point) Currency Conversion Fee will be assessed on International transactions where CIRRUS, MasterCard or Maestro has performed a currency conversion function.  This fee will be based on either a government mandated exchange rate, or a wholesale exchange rate selected by CIRRUS, MasterCard or Maestro and the rate used will be the applicable rate on the day the transaction was processed, which may differ from the date of the transaction or when it posted to the cardholder’s account.  A .80% (eighty basis point) Cross Border Fee will be assessed on all International transactions whether or not a currency conversion function was performed by CIRRUS, MasterCard or Maestro.

 RIGHT TO DOCUMENTATION

Terminal Receipt.  You can get a receipt at the time you make any transfers to or from your account using an automated teller machine (ATM) or point of sale (POS) terminal. 

Direct Deposit.  If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company, you can call us at (606) 723-2139 to find out whether or not the deposit has been made. 

Periodic Statement.  You will get a monthly account statement from us, unless there are no transactions in a particular month.  In any case, you will get a statement quarterly.  You will get a quarterly statement from us on your savings account if this is the only account you maintain and the only possible electronic transfer to or from the account is a preauthorized deposit. 

Our Liability for Failure to Make Transfers  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:

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

2.  If the transfer would go over the credit limit on your overdraft line.

3.  If you are attempting to draw against deposit or checks, drafts or other non-cash items that have not yet been collected.  Generally, a check is collected when we present it to the bank it is drawn on and that bank pays us its value.

4.  If the automated teller machine where you are making the transfer does not have enough cash.

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

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

7.  If the funds in the account have been offset by payment of a delinquent loan or if the funds have been attached or otherwise proceeded against as a result to a lawsuit that someone has brought against you or against a joint depositor on your account.

8.  There may be other exceptions stated in our agreement with you.

In Case of Errors or Questions About Your Electronic Transfers.   In case of errors or questions about your electronic transfers, call us at 606.723.2139 or write to us at Citizens Guaranty Bank, PO Box 630, 25 River Drive, Irvine, KY 40336-0630 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt.  We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

1.  Tell us your name and account number (if any).

2.  Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

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 ten business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
 
If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.  If a notice of error involves unauthorized use of your point of sale debit card with the VISA logo, when it is used as a VISA point of sale debit card, we will provide provisional credit within five (5) business days after you notify us instead of within ten (10) or twenty (20) business days. We may withhold providing this accelerated provisional credit, to the extent allowed under applicable law, if the circumstances or account history warrants the delay.

VISA is a registered trademark of Visa International.

Disclosure of Account Information to Third Parties.  We will disclose information to third parties about your account or the transfers you make: 

• Where it is necessary for completing transfers, or

• To verify the existence and condition of your account upon the request of a third party, such as a credit bureau or merchant, or
• In the event we close your account due to a deficit balance or excessive overdrafts, or

• In order to comply with government agency or court orders, or

• If you give us your written permission.

Personal Identification Number (PIN).  The ATM PIN, POS PIN and 24-Hr Account Information PIN issued to you is for your security purposes.  These numbers are CONFIDENTIAL and should NOT be disclosed to third parties or recorded on your card.  You are responsible for safekeeping your PIN(s).  You agree not to disclose or otherwise make your ATM PIN, POS PIN or 24-hr Account Information PIN available to anyone not authorized to sign on your account(s).

Notices.  All notices from us will be effective when we have mailed them or delivered them to your last known address on our records.  Notices from you will be effective when received by us at the telephone number or the address specified in this Agreement.  We reserve the right to change the terms and conditions upon which this service is offered.  We will mail notice to you at least twenty one (21) days before the effective date of any change, as required by law.  Use of this service is subject to existing regulations governing your account and any future changes to those regulations.

Citizens Guaranty Bank Amendments & Termination.  We may amend any term of this agreement at any time upon reasonable notice to you by posting notice of the charges in our building, enclosing notice in a statement for this amount, or mailing notice to you.

You agree that we may terminate this Agreement and your use of the ATM card, POS or our 24-hour Account Information Line services, if:

• You or any authorized user of your ATM PIN, POS PIN or 24-hour Account Information PIN breach this or any other agreement with us.
• We have reason to believe that there has been an unauthorized use of your ATM PIN, POS PIN or 24-hour Account Information PIN.

• For abusive use of the card resulting in excessive overdraft activity.

You acknowledge that the card has been issued by the bank and remains our property and may be revoked or cancelled at any time without prior notice to you.  You agree to surrender immediately the card to us upon demand.  You may elect to cancel at any time by surrendering and returning the card.  Cancellation by you shall not become effective until the card is actually received by us. 

Preauthorized Electronic Fund Transfers

Stop Payment Rights.  If you have told us in advance to make regular electronic fund transfers out of your account(s), you can stop any of these payments.  Here’s how:  Call or write us at (606) 723-2139/ PO Box 630, Irvine KY 40336-0630 in time for us to receive your request three (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 fourteen (14) days after you call.  We will charge you $24.95 for each stop payment order you give.

Notice of Varying Amounts.  If these regular payments may vary in amount, the person you are going to pay will tell you ten (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.

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

Other Provisions.  There may be a delay between the time a deposit is made and when it will be available for withdrawal.  You should review our Funds Availability Policy to determine the availability of the funds deposited at ATMs.  We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.

Liability for Unauthorized VISA or MasterCard Point of Sale Debit Card Transactions.    Tell us AT ONCE if you believe your VISA (or MasterCard) point of sale debit card has been lost or stolen or of any unauthorized transactions.  Your liability for unauthorized VISA (or MasterCard) point of sale debit card transactions that take place on the VISA (or MasterCard) system is zero dollars ($0.00).  We may require you to provide a written statement regarding claims of unauthorized VISA (or MasterCard) point of sale debit card transactions.  These provisions limiting your liability do not apply to VISA (or MasterCard) commercial cards or VISA PLUS ATM transactions; and apply only to cards issued in the United States.  With respect to unauthorized transactions, these limits may be exceeded to the extent allowed under applicable law (see Liability for Unauthorized Transfers paragraph) only if we determine that you were grossly negligent or fraudulent in the handling of your account or point of sale debit card.  The same consumer liability limits shall apply to Interlink Transactions.  To notify us of lost or stolen cards, or of unauthorized transactions, call us at (606) 723-2139 or write us at PO Box 630, 25 River Drive, Irvine KY 40336-0630.  This will help prevent unauthorized access to your account and minimize any inconvenience.  VISA is a registered trademark of VISA International.