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Saturday, April 19, 2014

Happy State Bank - Est. 1908

Electronic Funds Disclosure - Happy State Bank

Electronic Funds Transfer Agreement and Disclosures

This Agreement and Disclosure is made in compliance with federal law regulating electronic funds transfer (EFT) services. Electronic funds transfers are electronically  initiated  transfers of money involving an account at the Financial Institution.  The following  disclosures set forth your and our rights and responsibilities concerning the electronic funds transfers. In this Agreement, the words "you" and "your" mean those who sign as applicants  or any authorized user(s). The words  "we", "us" and "our" mean the Financial Institution. The abbreviation "PIN" or word "code" means a personal identification number.

HAPP-e-BANK

Types of Transactions: You may access certain account(s) you maintain with us by computer using your assigned user ID and password by accessing the online banking service. You may use the online banking service to perform the following functions:

  • Obtain balance information on eligible accounts.
  • Review transactions on eligible accounts.
  • Make loan payments.
  • Stop payment requests.
  • Online bill payment.
  • Obtain copy of statement.
  • ACH origination.
  • Wire transfers.
  • Order checks.
  • Allow export of transaction history to personal finance manager.

Fees and Charges for Online Service:

  • There is no charge for banking online with us.

ATMs

Types of Transfers: You may use the automated teller machine (ATM) card and personal identification number (PIN) issued to you to initiate transactions at ATMs of ours, ATMs within the networks identified on your card and such other facilities as we may designate from time to time. Unless you specify a different account during Automated Teller Machine (ATM) transactions, your Primary Account will be used for your transactions. Your Primary Account number and information may be obtained from the ATM Request Form. At present you may use your card to (some of these services may not be available at all ATMs):

  • Withdraw cash from your checking account.
  • Withdraw cash from your savings account.
  • Transfer funds between your checking and savings accounts.
  • Obtain balance information on your deposit accounts.

Limitations on Frequency and Amount:

  • You may make 50 cash withdrawals from ATMs per day.
  • You may withdraw up to a maximum of $500.00 (if there are sufficient funds in your account) per day.

Fees and Charges for ATM Transactions:

  • There is no charge for ATM withdrawals at machines owned by us.
  • There is a $1.50 charge for each ATM withdrawal at machines we do not own.
  • There is a Replacement Card Fee of $5.00 per card.

ATM Fees: When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

DIRECT DEPOSIT FORM

Types of Preauthorized Transfers: You may arrange for us to complete the following preauthorized transfers to your deposit accounts:

  • Accept direct deposits from the U.S. Treasury Department to your checking or savings account.

Fees and Charges:

  • We do not charge for any preauthorized EFTs.

ATM/POS/Debit Card Services

Types of Transactions/Transfers: You may use the card and PIN issued you to pay for purchases from  merchants who have agreed to accept the card at Point of Sale (POS) terminals within the networks identified on your card and such other terminals as the Bank may designate from time to time. Point of Sale (POS) transactions  will be deducted from your Primary Account. Point of Sale (POS) transactions involving a refund will be credited to your Primary Account. You may also use the card to pay for purchases from merchants that accept the POS debit card with a MasterCard symbol. You may use the automated teller machine (ATM) card and personal identification number (PIN) issued to you to initiate transactions at ATMs of ours, ATMs within the networks identified on your card and such other facilities as we may designate from time to time. Unless you specify a different account during Automated Teller Machine (ATM) transactions, your Primary Account will be used for your transactions. Your Primary Account number and information may be obtained from the Combined ATM/POS/Debit Card Request Form. At present you may use your card to (some of these services may not be available at all ATMs):

  • Withdraw cash from your checking account.
  • Withdraw cash from your savings account.
  • Transfer funds between your checking and savings accounts.
  • Obtain balance information  on your deposit accounts.

Limitations on Frequency and Amount:

  • You may make 50 cash withdrawals from ATMs per day.
  • You may withdraw up to a maximum of $500.00 (if there are sufficient funds in your account) per day.
  • Some of these services may not be available at all terminals.
  • You may purchase up to a maximum of $3000.00 worth of goods and services per day, exclusive of ATM withdrawals.

Fees and Charges:

  • There is no charge for ATM withdrawals at machines owned by us.
  • There is a $1.50 charge for each ATM withdrawal at machines we do not own.
  • ATM/Operator Network Fees - When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
  • Replace ATM Card/New PIN number - $5
    Replace Debit Card - $5.
  • We do not charge for any POS transactions.

ATM Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

XPRESS LINE BANKING

You may access your account by telephone using your account number(s), personal identification number (PIN), and touch tone phone.

You may access your account for telephone transactions at the following number(s) and during the following hours:

(806) 359-7737 (24 HOURS)

Types of Audio Response Services: You may access your deposit accounts by using a separate personal identification number (PIN) assigned to you and your account number in our audio response system. At the present time you may use the system to:

  • Transfer funds between your deposit accounts.
  • Give you tax information on interest earned or paid on your accounts.
  • Obtain balance information on your deposit accounts.
  • Verify the last date and amount of your payroll deposit.
  • Determine if a particular check has cleared your account.
  • Make loan payments from deposit accounts.
  • Get transaction history for deposit accounts, certificate of deposits, loans or IRA's.
  • Rate information on deposit accounts.

Limitations on Frequency and Amount:

  • There are no limits on the number or dollar amount of inquiries, transfers or withdrawals you may make per day.

Fees and Charges for Audio Response Transactions:

  • We do not charge for any Audio Response Transactions.

Other EFT Transactions. You may access certain account(s) you maintain with  us by other EFT transaction  types as described below.

Electronic Check Conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your account using information from your check to pay for purchases or pay bills. Electronic check conversion is a payment process in which a merchant or other payee (after obtaining  your authorization) uses your check to gather routing, account, and check number information  to initiate  a one-time EFT.  When information  from your check is used to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day you make your payment. This type of EFT transaction involving a consumer account is covered by the Electronic Funds Transfer Act and this disclosure. A description of the transaction will appear on your statement.

Re-presented Check Transactions and Fees. You may authorize a merchant to electronically collect a fee associated with the re-presentment of a check that is returned due to insufficient or unavailable funds The resulting fee transaction if debited as an EFT from a consumer account is covered by the Electronic Funds Transfer Act   and this disclosure. When a merchant re-presents a check electronically, that transaction is not covered by the Electronic Funds Transfer Act or this disclosure. A description  of the transaction will appear on your statement.

Preauthorized payments -  You  may  make  arrangements  to  pay  certain  recurring  bills  from  your  checking,  savings,  or  Money  Market accounts.

Preauthorized credits - You  may  make arrangements  for  certain  direct  deposits  to  be accepted  into  your  checking,  savings,  or Money Market accounts.

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

Liability for Unauthorized MasterCard Point of Sale Debit Card Transactions.  Tell us, AT ONCE, if you believe your MasterCard point  of sale debit card has been lost or stolen or of any unauthorized transactions.   Your liability  for unauthorized use of your point of sale debit card with the MasterCard logo when it is used as a MasterCard point of sale debit card will not exceed (A) Zero dollars ($0.00) if the conditions  set forth below have been met, or (B) if those conditions have not been met, the lesser of fifty  dollars ($50.00) or the amount of money, property,  labor, or services obtained by the unauthorized use before notification to us.   Zero liability  will  apply only if:   (1) you can demonstrate  that you have exercised  reasonable care  in  safe-guarding  your  card  from  risk  of  loss  or  theft;  and (2)  you  have  not  reported  two  or  more  incidents  of unauthorized use to us within  the preceding twelve  (12) months;  and (3) your account  is in good standing.   These liability  limits  apply only to United States issued MasterCard branded cards.   If the transaction  does not meet the conditions  set forth  above, these limits  with  respect to unauthorized  transactions  may  be exceeded  to  the  extent  allowed  under  applicable  law  (see Liability for Unauthorized Transfers paragraph below).   For specific restrictions, limitations  and other details, see your Cardholder Agreement.  "Unauthorized  use" means the use of your point of sale debit card by a person, other than you, who does not have actual, implied, or apparent authority  for such use, and for which  you receive no benefit.   To notify  us of lost or stolen cards, or of unauthorized transactions,  call or write  to us at the telephone number or address set forth below.   This will help prevent unauthorized access to your account and minimize any inconvenience.

MasterCard is a registered trademark of MasterCard International Incorporated.

Illegal Transactions. You may not use your ATM, POS, or Debit Card, or other access device for any illegal or unlawful  transaction,  and we may decline to authorize any transaction  that we believe poses an undue risk of illegality  or unlawfulness.  Notwithstanding the foregoing,  we may collect on any debt arising out of any illegal or unlawful  transaction.

Business Days.  For purposes of these electronic  funds  transfer  disclosures,  our business days are Monday through  Friday.   Holidays are not included.

Stop Payments on ATM,  POS, or Debit Card Transactions.   You  may  not  place  a stop  payment  order  on  any  ATM,  POS, or  debit  card transaction.

Documentation:

  • Periodic Statement.  You will get a monthly  account statement  from us, unless there are no transactions  in a particular  month.   In any case you will  get a statement  quarterly.    You will  get a quarterly  statement  from  us on your savings account  if this  is the only account  you maintain and the only possible electronic transfer to or from the account is a preauthorized deposit.
  • Terminal Receipt.   You can get  a receipt  at  the time  you  make a transfer  to  or from  your  account  using  an ATM  or a POS terminal. However, receipts for transactions  of $15.00 or less may not always be available.
  • Direct Deposits.  If you have arranged to have direct  deposits  made to your account  at least once every sixty  (60)  days from  the same person or company, you can call us at (806) 359-2265 to find out whether  or not the deposit has been made.

Our Liability for Failure to Make Transfers.  If we do not complete a transfer  to or 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:

  • If, through no fault of ours, you do not have enough money in your account to make the transfer.
  • If the money in your account is subject to legal process or other claim restricting  such transfer.
  • If the transfer would go over the credit limit on your overdraft  line.
  • If the ATM where you are making the transfer does not have enough cash.
  • If the terminal or system was not working  properly and you knew about the breakdown  when you started the transfer.
  • If circumstances  beyond our control (such as fire or flood) prevent the transaction,  despite reasonable precautions that we have taken.
  • There may be other exceptions stated in our agreement with  you.

In Case of Errors or Questions About Your Electronic Transfers.  Telephone us at (800)  447-2265, or write  us at Happy State Bank, Main Office, 100  East Main Street, Happy, TX 79042 as soon as you can,  if you think  your  statement  or receipt  is wrong  or if you need more information  about a transfer  listed on the statement  or receipt.   We must hear from  you no later than sixty  (60)  days after we sent the FIRST statement  on which  the problem or error appeared.

  • Tell us your name and account number (if any).
  • Describe the error or the transfer  you are unsure about, and explain as clearly as you can why  you believe it is an error or why  you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing  within  ten (10) business days.
We will  determine whether  an error occurred within  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.

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

  • To complete transfers as necessary;
  • To verify the existence and condition of your account upon the request of a third party, such as a credit bureau or merchant; or
  • To comply with  government agency or court orders; or
  • If you give us your written permission.

Personal Identification Number (PIN).  The ATM PIN, POS PIN or Audio Response PIN issued to you is for your security  purposes.   The numbers are confidential  and should not  be disclosed to third  parties  or recorded on the card.   You are responsible for  safekeeping your PIN(s).   You agree not  to disclose  or otherwise  make your ATM  PIN, POS PIN or Audio  Response PIN available to anyone not  authorized to sign on your accounts.

Notices.  All notices from us will be effective  when we have mailed them or delivered them to your last known  address on our records.   Notices from  you will  be effective  when  received by us at the telephone number 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.

Enforcement.  In the event either party brings a legal action  to enforce this  Agreement  or collect  amounts  owing  as a result of any Account transaction,  the prevailing  party  shall be entitled  to  reasonable attorneys' fees and costs,  including  fees on any appeal, subject  to any limits under applicable law.

Termination of ATM, POS and Audio Response Services.  You agree that  we may terminate  this Agreement  and your use of the ATM  Card, POS or Audio Response services, if:

  • You or any authorized user of your ATM PIN, POS card or PIN or Audio Response 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 card or PIN or Audio Response PIN;
  • We notify  you or any other party to your account that we have cancelled or will cancel this Agreement.   You or any other party to your account can terminate this Agreement by notifying  us in writing.

Termination  of service will  be effective  the first  business day following  receipt  of your written notice.   Termination  of this Agreement  will  not affect  the rights and responsibilities of the parties under this Agreement for transactions  initiated before termination.

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 us or write  to us at the telephone number or address set forth  above, 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 $ 27.00 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 Transfers.  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.

ATM/NIGHT  DEPOSIT FACILITY SAFETY PRECAUTIONS.   When  you  make  a transaction,   be  aware  of  your  surroundings.    Look  out  for suspicious activity  near the ATM or night deposit facility,  particularly  if it is after sunset.   At night, be sure that the facility  (including the parking area and walkways) is well lighted.   Consider having someone accompany you when you use the facility,  especially after sunset.   If you observe any problem, go to another ATM or night deposit facility.

We want  the ATM  and night deposit facility  to be safe and convenient  for you.   Therefore,  please tell us if you know  of any problem with  a facility.  For instance, let us know if a light is not working  or there is any damage to a facility.  Please report any suspicious activity  or crimes to both the operator of the facility  and the local law enforcement officials  immediately.

ATM SAFETY PRECAUTIONS

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

Be aware of your surroundings,  particularly  at night.

Consider having someone accompany you when the automated teller machine is used after dark.

Refrain from displaying your cash at the ATM.   As soon as your transaction  is completed,  place your money in your purse or wallet.

Count the cash later in the safety of your car or home.  Do not leave your receipt at or near the ATM.

It is appropriate to politely ask someone who is uncomfortably close to you to step back before you complete your transaction.

Consider using another automated  teller machine or coming back later if you notice anything suspicious.   If you are in the middle of a transaction  and you notice something suspicious, cancel the transaction,  pocket your ATM access device and leave.

Go to the nearest public area where people are located if you are followed  after making a transaction.

Do not  reveal  your  Personal Identification Number  (PIN) to  others.    Avoid  allowing  others  to  view  your  PIN entry  into  an ATM.

Memorize your PIN and do not write  your personal identification number or code on your ATM access device.

Report all crimes to law enforcement officials  immediately.

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