TERMS AND CONDITIONS
OF YOUR ACCOUNT
AGREEMENT - This document, along with any
other documents we give you pertaining to your account(s), is a contract that establishes
rules which control your account(s) with us. Please read this carefully. If you
sign the signature card or open or continue to use the account, you agree to these
rules. You will receive a separate schedule of rates, qualifying balances, and fees
if they are not included in this document. If you have any questions, please call
us.
This agreement is subject to applicable
federal laws and the laws of the state of Kansas (except to the extent that this
agreement can and does vary such rules or laws). The body of state and federal law
that governs our relationship with you, however, is too large and complex to be
reproduced here. The purpose of this document is to:
- summarize some laws that apply to common
transactions;
- establish rules to cover transactions
or events which the law does not regulate;
- establish rules for certain transactions
or events which the law regulates but permits variation by agreement; and
- give you disclosures of some of
our policies to which you may be entitled or in which you may be interested.
If any provision of this document is found
to be unenforceable according to its terms, all remaining provisions will continue
in full force and effect. We may permit some variations from our standard agreement,
but we must agree to any variation in writing either on the signature card for your
account or in some other document.
As used in this document the words
"we," "our," and "us" mean the financial institution and the words "you" and "your"
mean the account holder(s) and anyone else with the authority to deposit, withdraw,
or exercise control over the funds in the account. The headings in this document
are for convenience or reference only and will not govern the interpretation of
the provisions. Unless it would be inconsistent to do so, words and phrases used
in this document should be construed so the singular includes the plural and the
plural includes the singular.
LIABILITY - You agree, for yourself
(and the person or entity you represent if you sign as a representative of another)
to the terms of this account and the schedule of charges. You authorize us to deduct
these charges directly from the account balance as accrued. You will pay any additional
reasonable charges for services you request which are not covered by this agreement.
Each of you also agrees to be jointly
and severally (individually) liable for any account shortage resulting from charges
or overdrafts, whether caused by you or another with access to this account. This
liability is due immediately, and can be deducted directly from the account balance
whenever sufficient funds are available. You have no right to defer payment of this
liability, and you are liable regardless of whether you signed the item or benefited
from the charge or overdraft. You will also be liable for our costs to collect the
deficit as well as for our reasonable attorneys' fees, to the extent permitted by
law, whether incurred as a result of collection or in any other dispute involving
your account including, but not limited to, disputes between you and another joint
owner; you and an authorized signer or similar party; or a third party claiming
an interest in your account.
DEPOSITS - We will give only
provisional credit until collection is final for any items, other than cash, we
accept for deposit (including items drawn "on us"). Actual credit for deposits of,
or payable in, foreign currency will be at the exchange rate in effect on final
collection in U.S. dollars. We are not responsible for transactions by mail or outside
depository until we actually record them. We will treat and record all transactions
received after our "daily cutoff time" on a business day we are open, or received
on a day we are not open for business, as if initiated on the next business day
that we are open.
WITHDRAWALS - Unless clearly
indicated otherwise on the account records, any of you, acting alone, who signs
to open the account or has authority to make withdrawals may withdraw or transfer
all or any part of the account balance at any time. Each of you (until we receive
written notice to the contrary) authorizes each other person who signs or has authority
to make withdrawals to indorse any item payable to you or your order for deposit
to this account or any other transaction with us. You agree that, as to any item
that we have no opportunity to examine the signatures, such as an electronic check
conversion transaction where a check or similar item is converted into an electronic
fund transfer as defined in the Electronic Fund Transfers regulation, you waive
any requirement of multiple signatures for withdrawal. We may charge your account
for a check even though payment was made before the date of the check, unless we
have received written notice of the postdating in time to have a reasonable opportunity
to act. We may refuse any withdrawal or transfer request which you attempt on forms
not approved by us, by any method we do not specifically permit, which is greater
in number than the frequency permitted, or which is for an amount greater or less
than any withdrawal limitations. Even if we honor a nonconforming request, we may
treat continued abuse of the stated limitations (if any) as your act of closing
the account. We will use the date the transaction is completed by us (as opposed
to the date you initiate it) to apply the frequency limitations. The fact that we
may honor withdrawal requests that overdraw the available account balance does not
obligate us to do so later. You agree that we may charge fees for overdrafts and
use subsequent deposits, including direct deposits of social security or other government
benefits, to cover such overdrafts and overdraft fees.
If we are presented with an item drawn against your account that would be a "substitute
check," as defined by law, but for an error or defect in the item introduced in
the substitute check creation process, you agree that we may pay such item. See
the funds availability policy disclosure for information about when you can withdraw
funds you deposit. For those accounts for which our funds availability policy disclosure
does not apply, you can ask us when you make a deposit when those funds will be
available for withdrawal.
We may require not less than 7 days' notice in
writing before each withdrawal from an interest-bearing account other than a time
deposit, or from any other savings account as defined by Regulation D. Withdrawals
from a time account prior to maturity or prior to any notice period may be restricted
and may be subject to penalty. See your notice of penalty for early withdrawal.
OWNERSHIP OF ACCOUNT AND BENEFICIARY
DESIGNATION - These rules apply to this account depending on the form of ownership
and beneficiary designation, if any, specified on the account records. We make no
representations as to the appropriateness or effect of the ownership and beneficiary
designations, except as they determine to whom we pay the account funds.
Individual Account - is an account
in the name of one person.
Joint Account - With Survivorship
(And Not As Tenants In Common) - is an account in the name of two or more persons.
Each of you intend that when you die the balance in the account (subject to any
previous pledge to which we have agreed) will belong to the survivor(s). If two
or more of you survive, you will own the balance in the account as joint tenants
with survivorship and not as tenants in common.
Joint Account - No Survivorship
(As Tenants In Common) - is owned by two or more persons, but none of you intend
(merely by opening this account) to create any right of survivorship in any other
person. We encourage you to agree and tell us in writing of the percentage of the
deposit contributed by each of you. This information will not, however, affect the
"number of signatures" necessary for withdrawal.
Revocable Trust or Pay-On-Death
Account - If two or more of you create this type of account, you own the account
jointly with survivorship. Beneficiaries cannot withdraw unless: (1) all persons
creating the account die, and (2) the beneficiary is then living. If two or more
beneficiaries are named and survive the death of all persons creating the account,
beneficiaries will own this account in equal shares, without right of survivorship.
The person(s) creating either of these account types may: (1) change beneficiaries,
(2) change account types, and (3) withdraw all or part of the account funds at any
time.
BUSINESS, ORGANIZATION AND ASSOCIATION
ACCOUNTS - Earnings in the form of interest, dividends, or credits will be paid
only on collected funds, unless otherwise provided by law or our policy. We may
require the governing body of the entity opening the account to give us a separate
authorization telling us who is authorized to act on its behalf. We will honor the
authorization until we actually receive written notice of a change from the governing
body of the entity.
STOP PAYMENTS - You must make
any stop-payment order in the manner required by law and we must receive it in time
to give us a reasonable opportunity to act on it before our stop-payment cutoff
time. To be effective, your stop-payment order must precisely identify the number,
date and amount of the item, and the payee.
You may stop payment on any item drawn
on your account whether you sign the item or not, if you have an equal or greater
right to withdraw from this account than the person who signed the item. A release
of the stop-payment request may be made only by the person who initiated the stop-payment
order.
Our stop-payment cutoff time is one
hour after the opening of the next banking day after the banking day on which we
receive the item. Additional limitations on our obligation to stop payment are provided
by law (e.g., we paid the item in cash or we certified the item).
TELEPHONE TRANSFERS - A telephone
transfer of funds from this account to another account with us, if otherwise arranged
for or permitted, may be made by the same persons and under the same conditions
generally applicable to withdrawals made in writing. Unless a different limitation
is disclosed in writing, we restrict the number of transfers from a savings account
to another account or to third parties, to a maximum of six per month (less the
number of "preauthorized transfers" during the month). Other account transfer restrictions
may be described elsewhere.
AMENDMENTS AND TERMINATION -
We may change any term of this agreement. Rules governing changes in interest rates
are provided separately. For other changes, we will give you reasonable notice in
writing or by any other method permitted by law. We may also close this account
at any time upon reasonable notice to you and tender of the account balance personally
or by mail. Notice from us to any one of you is notice to all of you.
STATEMENTS - Your duty to report
unauthorized signatures, alterations and forgeries - You must examine your statement
of account with "reasonable promptness." If you discover (or reasonably should have
discovered) any unauthorized signatures or alterations, you must promptly notify
us of the relevant facts. As between you and us, if you fail to do either of these
duties, you will have to either share the loss with us, or bear the loss entirely
yourself (depending on whether we used ordinary care and, if not, whether we substantially
contributed to the loss). The loss could be not only with respect to items on the
statement but other items with unauthorized signatures or alterations by the same
wrongdoer.
You agree that the time you have to examine
your statement and report to us will depend on the circumstances, but will not,
in any circumstance, exceed a total of 30 days from when the statement is first
sent or made available to you.
You further agree that if you fail to report any
unauthorized signatures, alterations or forgeries in your account within 60 days
of when we first send or make the statement available, you cannot assert a claim
against us on any items in that statement, and as between you and us the loss will
be entirely yours. This 60-day limitation is without regard to whether we used ordinary
care. The limitation in this paragraph is in addition to that contained in the first
paragraph of this section.
Your duty to report other errors
- In addition to your duty to review your statements for unauthorized signatures,
alterations and forgeries, you agree to examine your statement with reasonable promptness
for any other error - such as an encoding error. You agree that the time you have
to examine your statement and report to us will depend on the circumstances. However,
such time period shall not exceed 60 days. Failure to examine your statement and
report any such errors to us within 60 days of when we first send or make the statement
available precludes you from asserting a claim against us for any such errors on
items identified in that statement and as between you and us the loss will be entirely
yours.
Errors relating to electronic fund
transfers or substitute checks - For information on errors relating to electronic
fund transfers (e.g., computer, debit card or ATM transactions) refer to your Electronic
Fund Transfers disclosure and the sections on consumer liability and error resolution.
For information on errors relating to a substitute check you received, refer to
your disclosure entitled Substitute Checks and Your Rights.
ACCOUNT TRANSFER - This account
may not be transferred or assigned without our prior written consent.
DIRECT DEPOSITS - If, in connection
with a direct deposit plan, we deposit any amount in an account which should have
been returned to the Federal Government for any reason, you authorize us to deduct
the amount of our liability to the Federal Government from the account or from any
other account you have with us, without prior notice and at any time, except as
prohibited by law. We may also use any other legal remedy to recover the amount
of our liability.
TEMPORARY ACCOUNT AGREEMENT -
If this option is selected, this is a temporary account agreement. Each person who
signs to open the account or has authority to make withdrawals (except as indicated
to the contrary) may transact business on this account. However, we may at some
time in the future restrict or prohibit further use of this account if you fail
to comply with the requirements we have imposed within a reasonable time.
SETOFF - We may (without prior
notice and when permitted by law) set off the funds in this account against any
due and payable debt you owe us now or in the future, by any of you having the right
of withdrawal, to the extent of such persons' or legal entity's right to withdraw.
If the debt arises from a note, "any due and payable debt" includes the total amount
of which we are entitled to demand payment under the terms of the note at the time
we set off, including any balance the due date for which we properly accelerate
under the note.
This right of setoff does not apply
to this account if prohibited by law. For example, the right of setoff does not
apply to this account if: (a) it is an Individual Retirement Account or similar
tax-deferred account, or (b) the debt is created by a consumer credit transaction
under a credit card plan (but this does not affect our rights under any consensual
security interest), or (c) the debtor's right of withdrawal only arises in a representative
capacity. We will not be liable for the dishonor of any check when the dishonor
occurs because we set off a debt against this account. You agree to hold us harmless
from any claim arising as a result of our exercise of our right of setoff.
AUTHORIZED SIGNER (Individual Accounts
only) - A single individual is the owner. The authorized signer is merely designated
to conduct transactions on the owner's behalf. We undertake no obligation to monitor
transactions to determine that they are on the owner's behalf.
RESTRICTIVE LEGENDS - We are
not required to honor any restrictive legend on checks you write unless we have
agreed in writing to the restriction. Examples of restrictive legends are "must
be presented within 90 days" or "not valid for more than $1,000.00."
PAYMENT ORDER OF ITEMS - The
law permits us to pay items (such as checks or drafts) drawn on your account in
any order. To assist you in handling your account with us, we are providing you
with the following information regarding how we process the items that you write.
When processing items drawn on your account, our policy is to pay them according
to the dollar amount. We pay the smallest items first. The order in which items
are paid is important if there is not enough money in your account to pay all of
the items that are presented. Our payment policy minimizes the number of items that
may result in an overdraft or NSF fee. 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). The amounts of the overdraft and NSF fees
are disclosed elsewhere. We encourage you to make careful records and practice good
account management. This will help you to avoid writing checks or drafts without
sufficient funds and incurring the resulting fees.
CHECK PROCESSING - We may process
items mechanically by relying on the information encoded along the bottom of the
items. This means that we may not individually examine all of your items to determine
if the item is properly completed, signed and indorsed.
You agree that we have not failed to exercise ordinary care solely because we use
an automated system to process items and do not inspect all items processed in such
a manner. We reserve the right not to inspect each item because using an automated
process helps us keep costs down for you and all account holders. We may determine
the amount of available funds in your account for the purpose of deciding whether
to return an item for insufficient funds at any time between the time we receive
the item and when we return the item or send a notice in lieu of return. We need
only make one determination, but if we choose to make a subsequent determination,
the account balance at the subsequent time will determine whether there are insufficient
available funds.
CHECK CASHING - We may charge a fee for
anyone that does not have an account with us who is cashing a check, draft or other
instrument written on your account. We may also require reasonable identification
to cash such a check, draft or other instrument. We can decide what identification
is reasonable under the circumstances and such identification may be documentary
or physical and may include collecting a thumbprint or fingerprint.
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 a 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 payment,
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 payment order to credit 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.
--------------------------
ELECTRONIC FUND TRANSFERS
YOUR RIGHTS
AND RESPONSIBILITIES
Indicated below are types of Electronic Fund
Transfers we are capable of handling, some of which may not apply to your account.
Please read this disclosure carefully because it tells you your rights and obligations
for the transactions listed. You should keep this notice for future reference.
Electronic Fund Transfers Initiated By
Third Parties. You may authorize a third party to initiate electronic fund transfers
between your account and the third party's account. These transfers to make or receive
payment may be one-time occurrences or may recur as directed by you. These transfers
may use the Automated Clearing House (ACH) or other payments network. Your authorization
to the third party to make these transfers can occur in a number of ways. For example,
your authorization to convert a check to an electronic fund transfer or to electronically
pay a returned check charge can occur when a merchant provides you with notice and
you go forward with the transaction (typically, at the point of purchase, a merchant
will post a sign and print the notice on a receipt). In all cases, these third party
transfers will require you to provide the third party with your account number and
bank information. This information can be found on your check as well as on a deposit
or withdrawal slip. Thus, you should only provide your bank and account information
(whether over the phone, the Internet, or via some other method) to trusted third
parties whom you have authorized to initiate these electronic fund transfers. Examples
of these transfers include, but are not limited to:
- Preauthorized credits.
You may make arrangements for certain direct deposits to be accepted into your
checking or savings account(s).
- Preauthorized payments.
You may make arrangements to pay certain recurring bills from your checking
or savings account(s).
- 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.
- Electronic returned check
charge. You may authorize a merchant or other payee to initiate an electronic
funds transfer to collect a charge in the event a check is returned for insufficient
funds.
Please also see Limitations on frequency
of transfers section regarding limitations that apply to savings accounts.
EXPRESS PHONE BANKING Telephone Transfers
- types of transfers - You may access your account by telephone 24 hours a day
at (316) 744-3841 using your personal identification number, a touch tone phone,
your account numbers, and social security number, to:
- transfer funds from checking
to checking or savings
- transfer funds from savings
to checking or savings
- make payments
from checking or savings to loan accounts with us
- get information about:
- the account balance of checking,
savings, certificates of deposit or loans
- deposits to checking or savings
accounts
- withdrawals from checking
or savings accounts
- transaction history about
checking or savings accounts
Please also see Limitations on frequency
of transfers section regarding limitations that apply to telephone transfers.
ATM Transfers - types of transfers,
dollar limitations, and charges - You may access your account(s) by ATM using
your ATM card and personal identification number or Visa® Check Card and personal
identification number, to:
- get cash withdrawals from checking
or savings account(s)
- you may withdraw no more than $400.00
per day (2:00 P.M. to 2:00 P.M.)
- there is a charge per withdrawal
at ATMs we do not own or operate (see separate fee schedule)
- transfer funds from savings
to checking account(s)
- there is a charge per transfer at
ATMs we do not own or operate (see separate fee schedule)
- transfer funds from checking
to savings account(s)
- there is a charge per transfer at
ATMs we do not own or operate (see separate fee schedule)
- get information about:
- the account balance of your checking
or savings accounts
Some of these services may not be available
at all terminals.
Please also see Limitations on frequency
of transfers section regarding limitations that apply to ATM transfers.
Types of ATM Card Point-of-Sale
Transactions - You may access your checking account(s) to purchase goods (in
person) and pay for services (in person).
Point-of-Sale Transactions - dollar
limitations - Using your card:
- you may not exceed your available
account balance or $1,500.00 in transactions per day whichever is less
Types of Visa® Check Card Point-of-Sale
Transactions - You may access your checking account(s) to purchase goods (in
person, online, or by phone), pay for services (in person, online, or by phone),
get cash from a merchant, if the merchant permits, or from a participating financial
institution, and do anything that a participating merchant will accept.
Point-of-Sale Transactions - dollar
limitations - Using your card:
- you may not exceed your available
account balance or $1,500.00 in transactions per day whichever is less
Please also see Limitations on frequency
of transfers section regarding limitations that apply to debit card transactions.
Advisory Against Illegal Use.
You agree not to use your card(s) for illegal gambling or other illegal purpose.
Display of a payment card logo by, for example, an online merchant does not necessarily
mean that transactions are lawful in all jurisdictions in which the cardholder may
be located.
Non-Visa Debit Transaction Processing.
We have enabled non-Visa debit transaction processing. This means you may use your
Visa-branded debit card on a PIN-Debit Network* (a non-Visa network) without using
a PIN.
The non-Visa debit network(s) for which
such transactions are enabled are: STAR, PULSE, NYCE, and ACCEL/Exchange Networks.
Examples of the types of actions that
you may be required to make to initiate a Visa transaction on your Visa-branded
debit card include signing a receipt, providing a card number over the phone or
via the Internet, or swiping the card through a point-of-sale terminal.
Examples of the types of actions you
may be required to make to initiate a transaction on a PIN-Debit Network include
initiating a payment directly with the biller (possibly via telephone, Internet,
or kiosk locations), responding to a logo displayed at a payment site and choosing
to direct payment through that network, and having your identity verified using
known information derived from an existing relationship with you instead of through
use of a PIN.
Examples of the types of actions you
may be required to make to initiate a transaction on the STAR Network include initiating
a payment directly with the biller, possibly via telephone, Internet, or kiosk locations.
STAR Network billers are required to display the STAR logo. STAR Network billers
must also allow you to choose how your payment is directed. Thus, you could see
the STAR logo and choose to direct your payment through the STAR Network. In addition,
STAR Bill Payments are not authenticated with a PIN; instead the biller authenticates
your identity using known information derived from an existing relationship with
you.
The provisions of your agreement with
us relating only to Visa transactions are not applicable to non-Visa transactions.
For example, the additional limits on liability (sometimes
referred to as Visa's zero-liability program) and the streamlined error resolution
procedures offered on Visa debit card transactions are not applicable to transactions
processed on a PIN-Debit Network.
*Visa Rules generally define PIN-Debit Network
as a non-Visa debit network that typically authenticates transactions by use of
a personal identification number (PIN) but that is not generally known for having
a card program.
Chisholm Online Computer Transfers - types
of transfers and charges - You may access your account(s) by computer 24 hours
a day by logging on to our website at www.chisholmbank.com and using your user ID
and password, to:
- transfer funds from checking
to checking or savings
- transfer funds from savings
to checking or savings
- make payments from checking
or savings to loan accounts with us
- make payments from checking
to third parties
- refer to our separate fee schedule
for applicable charges
- get information about:
- the account balance of checking,
savings, certificates of deposit or loans
- deposits to checking or savings
accounts
- withdrawals from checking
or savings accounts
- transaction history about
checking, savings, certificates of deposit or loans
Please also see Limitations on frequency
of transfers section regarding limitations that apply to computer transfers.
Limitations on frequency of transfers.
In addition to those limitations on transfers elsewhere described, if any, the following
limitations apply:
- Transfers from a money
market account to another account or to third parties by preauthorized, automatic,
telephone, or computer transfer or by check, draft, debit card (if applicable),
or similar order to third parties are limited to six per statement cycle.
- Transfers from a savings
account to another account or to third parties by preauthorized, automatic, telephone,
or computer transfer or by check, draft, debit card (if applicable), or similar
order to third parties are limited to six per month.
FEES
- We do not charge for direct
deposits to any type of account.
- We do not charge for
preauthorized payments from any type of account.
Except as indicated elsewhere, we do not charge
for these electronic fund transfers.
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).
DOCUMENTATION
- Terminal transfers.
You can get a receipt at the time you make a transfer to or from your account
using an automated teller machine or point-of-sale terminal. However, you may not
get a receipt if the amount of the transfer is $15 or less.
- 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.
- 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, you can call us at (316) 744-1293
to find out whether or not the deposit has been made.
- Periodic statements.
You will get a monthly account statement from
us for your checking accounts.
You will get a monthly account statement
from us for your savings accounts, unless there are no transfers in a particular
month. In any case, you will get a statement at least quarterly.
PREAUTHORIZED PAYMENTS
- 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. Here is how:
Call or write us at the telephone number or
address listed in this brochure 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
you call.
Please refer to our separate fee schedule
for the amount we will charge you 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, 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 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.
FINANCIAL INSTITUTION'S LIABILITY
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 you have an overdraft line and
the transfer would go over the credit limit.
- If the automated teller machine
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 transfer, despite reasonable precautions that
we have taken.
- There may be other exceptions stated
in our agreement with you.
CONFIDENTIALITY
We will disclose information to third parties
about your account or the transfers you make:
- where it is necessary for completing transfers;
or
- in order to verify the existence
and condition of your account for a third party, such as a credit bureau or merchant;
or
- in order to comply with government
agency or court orders; or
- as explained in the separate Privacy
Disclosure.
UNAUTHORIZED TRANSFERS
(a) Consumer liability.
Generally. Tell us AT
ONCE if you believe your card and/or code 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. Telephoning is the best way of keeping your possible losses down.
You could lose all of the money in your account (plus your maximum overdraft line
of credit). If you tell us within 4 business days after you learn of the loss or
theft of your card and/or code, you can lose no more than $50 if someone used your
card without your permission.
If you do NOT tell us within 4 business
days after you learn of the loss or theft of your card and/or code, and we can prove
we could have stopped someone from using your card and/or code without your permission
if you had told us, you could lose as much as $300.
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 60 days after the statement was mailed to
you, you may not get back any money you lost after the 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 a hospital stay) kept you from telling us, we will extend the time periods.
Additional Limit on Liability for
Visa® Check Card. Unless you have been grossly negligent or have engaged
in fraud, you will not be liable for any unauthorized transactions using your lost
or stolen Visa® Check Card. This additional limit on liability does not apply
to ATM transactions or to transactions using your Personal Identification Number
which are not processed by VISA®.
(b) Contact in event of unauthorized
transfer. If you believe your card and/or code has been lost or stolen, call
or write us at the telephone number or address listed in this brochure. You should
also call the number or write to the address listed in this brochure if you believe
a transfer has been made using the information from your check without your permission.
ERROR RESOLUTION NOTICE
In Case of Errors or Questions About
Your Electronic Transfers, Call or Write us at the telephone number or address listed
in this brochure, 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 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 10 business days.
We will determine whether an error occurred within 10 business days
(5 business days for Visa® Check Card point-of-sale transactions processed by
Visa and 20 business days if the transfer involved a new account) after we hear
from you and will correct any error promptly. If we need more time, however, we
may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale
transaction, or a foreign-initiated transfer) to investigate your complaint or question.
If we decide to do this, we will credit your account within 10 business days (5
business days for Visa® Check Card point-of-sale transactions processed by Visa
and 20 business days if the transfer involved a new account) 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 10 business days, we may not credit your
account. Your account is considered a new account for the first 30 days after the
first deposit is made, unless each of you already has an established account with
us before this account is opened.
We will tell you the results within three 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.
CHISHOLM TRAIL STATE BANK
P.O. BOX 4658
WICHITA, KANSAS 67204
Business Days: Monday through Friday
Excluding Federal Holidays
Phone: (316) 744-1293
MORE DETAILED INFORMATION IS AVAILABLE
ON
REQUEST
NOTICE OF ATM/NIGHT DEPOSIT
FACILITY
USER PRECAUTIONS
As with all financial transactions, please
exercise discretion when using an automated teller machine (ATM) or night deposit
facility. For your own safety, be careful. The following suggestions may be helpful.
- Prepare for your transactions at home
(for instance, by filling out a deposit slip) to minimize your time at the ATM or
night deposit facility.
- Mark each transaction in your
account record, but not while at the ATM or night deposit facility. Always save
your ATM receipts. Don't leave them at the ATM or night deposit facility because
they may contain important account information.
- Compare your records with the
account statements you receive.
- Don't lend your ATM card to anyone.
- Remember, do not leave your card
at the ATM. Do not leave any documents at a night deposit facility.
- Protect the secrecy of your Personal
Identification Number (PIN). Protect your ATM card as though it were cash. Don't
tell anyone your PIN. Don't give anyone information regarding your ATM card or PIN
over the telephone. Never enter your PIN in any ATM that does not look genuine,
has been modified, has a suspicious device attached, or is operating in a suspicious
manner. Don't write your PIN where it can be discovered. For example, don't keep
a note of your PIN in your wallet or purse.
- Prevent others from seeing you
enter your PIN by using your body to shield their view.
- If you lose your ATM card or if
it is stolen, promptly notify us. You should consult the other disclosures you have
received about electronic fund transfers for additional information about what to
do if your card is lost or stolen.
- 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.
- Don't accept assistance from anyone
you don't know when using an ATM or night deposit facility.
- If you notice anything suspicious
or if any other problem arises after you have begun an ATM transaction, you may
want to cancel the transaction, pocket your card and leave. You might consider using
another ATM or coming back later.
- Don't display your cash; pocket
it as soon as the ATM transaction is completed and count the cash later when you
are in the safety of your own car, home, or other secure surrounding.
- At a drive-up facility, make sure
all the car doors are locked and all of the windows are rolled up, except the driver's
window. Keep the engine running and remain alert to your surroundings.
- 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.
--------------------------
YOUR ABILITY TO WITHDRAW FUNDS
This policy statement applies to "transaction"
accounts. Transaction accounts, in general, are accounts which permit an unlimited
number of payments to third persons and an unlimited number of telephone and preauthorized
transfers to other accounts of yours with us. Checking accounts are the most common
transaction accounts. Feel free to ask us whether any of your other accounts might
also be under this policy.
Our policy is to make funds from your
cash and check deposits available to you on the first business day after the day
we receive your deposit. Electronic direct deposits will be available on the day
we receive the deposit. Once the funds are available, you can withdraw them in cash
and we will use the funds to pay checks that you have written.
Please remember that even after we
have made funds available to you, and you have withdrawn the funds, you are still
responsible for checks you deposit that are returned to us unpaid and for any other
problems involving your deposit.
For determining the availability of
your deposits, every day is a business day, except Saturdays, Sundays, and federal
holidays. If you make a deposit before 6:00 P.M. 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 after 6:00 P.M. or on a day we are not open, we will consider that the deposit
was made on the next business day we are open.
If we cash a check for you that is
drawn on another bank, we may withhold the availability of a corresponding amount
of funds that are already in your account. Those funds will be available at the
time funds from the check we cashed would have been available if you had deposited
it.
If we accept for deposit a check that
is drawn on another bank, we may make funds from the deposit available for withdrawal
immediately but delay your availability to withdraw a corresponding amount of funds
that you have on deposit in another account with us. The funds in the other account
would then not be available for withdrawal until the time periods that are described
elsewhere in this disclosure for the type of check that you deposited.
LONGER DELAYS MAY APPLY
Case-by-case delays. In some cases,
we will not make all of the funds that you deposit by check available to you on
the first business day after the day of your deposit. Depending on the type of check
that you deposit, funds may not be available until the second business day after
the day of your deposit. The first $100 of your deposits, however, will be available
on the first business day.
If we are not going to make all of
the funds from your deposit available on the first business day, we will notify
you at the time you make your deposit. We will also tell you when the 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 will need the funds from a deposit
right away, you should ask us when the funds will be available.
Safeguard exceptions. In addition,
funds you deposit by check may be delayed for a longer period under the following
circumstances:
- 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 six months.
- There is an emergency, such as failure
of computer or communications equipment.
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 seventh business
day after the day of your deposit.
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 day's total deposits
of cashier's, certified, teller's, traveler's, and federal, state and local government
checks will 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 ninth 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 eleventh business day after the
day of your deposit.
--------------------------
TRUTH-IN-SAVINGS DISCLOSURE
E-Z CHECKING ACCOUNT
Minimum balance to open the account -
You must deposit $100.00 to open this account.
No minimum balance requirement.
No monthly maintenance fee.
Unlimited check writing with no transaction
fee.
INCENTIVE CHECKING ACCOUNT
Rate Information - Your interest rate
and annual percentage yield may change. Frequency of rate changes - We may
change the interest rate on your account at any time.
Determination of rate - At our
discretion, we may change the interest rate on your account.
Compounding and crediting frequency
- Interest will be compounded every month. Interest will be credited to your
account every month.
Effect of closing an account -
If you close your account before interest is credited, you will not receive the
accrued interest.
Minimum balance to open the account
- You must deposit $1,000.00 to open this account.
Minimum balance to avoid imposition
of fees - A maintenance fee of $10.00 will be imposed every statement cycle
unless you maintain either a minimum daily balance of $1,000.00 or a minimum average
daily balance of $2,500.00 for the monthly statement cycle. The average daily balance
is calculated by adding the principal in the account for each day of the period
and dividing that figure by the number of days in the period.
Minimum balance to obtain the annual
percentage yield disclosed - You must maintain a minimum balance of $1,000.00
in the account each day to obtain the disclosed annual percentage yield.
Daily 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.
Accrual of interest on noncash deposits
- Interest begins to accrue no later than the business day we receive credit
for the deposit of noncash items (for example, checks).
Fees:
A per item fee of $.20 will be charged
for each credit or debit transaction (deposit, withdrawal, check paid, automatic
transfer or payment out of this account). This fee will apply if you do not maintain
a minimum daily balance of $1,000.00 or a minimum average daily balance of $2,500.00
for the monthly statement cycle.
ULTIMATE 50 CHECKING ACCOUNT
(50 years of age or over)
Rate Information - Your interest
rate and annual percentage yield may change. Frequency of rate changes -
We may change the interest rate on your account at any time.
Determination of rate - At our
discretion, we may change the interest rate on your account.
Compounding and crediting frequency
- Interest will be compounded every month. Interest will be credited to your
account every month.
Effect of closing an account -
If you close your account before interest is credited, you will not receive the
accrued interest.
Minimum balance to open the account
- You must deposit $100.00 to open this account.
Minimum balance to avoid imposition
of fees - A maintenance fee of $7.50 will be imposed every statement cycle if
the balance in the account falls below $100.00 any day of the cycle.
Minimum balance to obtain the annual
percentage yield disclosed - You must maintain a minimum balance of $1,000.00
in the account each day to obtain the disclosed annual percentage yield.
Daily 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.
Accrual of interest on noncash deposits
- Interest begins to accrue no later than the business day we receive credit
for the deposit of noncash items (for example, checks).
Additional benefits are provided with
this account. Please contact us for more details.
MONEY MARKET SELECT ACCOUNT
Rate Information - Your interest rate
and annual percentage yield may change. Frequency of rate changes - We may
change the interest rate on your account at any time.
Determination of rate - At our
discretion, we may change the interest rate on your account.
Compounding
and crediting frequency - Interest will be compounded every month. Interest
will be credited to your account every month.
Effect of closing an account - If you close
your account before interest is credited, you will not receive the accrued interest.
Minimum balance to open the account
- You must deposit $1,000.00 to open this account.
Minimum balance to avoid imposition
of fees - A maintenance fee of $10.00 will be imposed every statement cycle
unless you maintain either a minimum daily balance of $1,000.00 or a minimum average
daily balance of $2,500.00 for the monthly statement cycle. The average daily balance
is calculated by adding the principal in the account for each day of the period
and dividing that figure by the number of days in the period.
Minimum balance to obtain the annual percentage
yield disclosed - You must maintain a minimum balance of $.01 in the account
each day to obtain the disclosed annual percentage yield.
Daily 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.
Accrual of interest on noncash deposits
- Interest begins to accrue no later than the business day we receive credit
for the deposit of noncash items (for example, checks).
Transaction limitations:
Transfers from a Money Market Select
account to another account or to third parties by preauthorized, automatic, telephone,
or computer transfer or by check, draft, debit card (if applicable), or similar
order to third parties are limited to six per monthly statement cycle.
Fees:
An excessive withdrawal fee of $10.00
will be charged for each debit transaction (withdrawal, automatic transfer or payment
out of this account) in excess of six during a monthly statement cycle.
REGULAR SAVINGS ACCOUNT
Rate Information - Your interest rate
and annual percentage yield may change. Frequency of rate changes - We may
change the interest rate on your account at any time.
Determination of rate - At our
discretion, we may change the interest rate on your account.
Compounding and crediting frequency
- Interest will be compounded every quarter. Interest will be credited to your
account every quarter.
Effect of closing an account -
If you close your account before interest is credited, you will not receive the
accrued interest.
Minimum balance to open the account
- You must deposit $100.00 to open this account. This requirement will be waived
for minors under age 18, if the account is titled and owned by the minor.
Minimum balance to avoid imposition
of fees - A maintenance fee of $3.00 will be imposed every month, and will be
charged to your account every quarterly statement cycle, if the balance in the account
falls below $100.00 any day of the month. This fee will be waived for minors under
age 18, if the account is titled and owned by the minor.
Daily 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.
Accrual of interest on noncash deposits
- Interest begins to accrue no later than the business day we receive credit
for the deposit of noncash items (for example, checks).
Transaction limitations:
Transfers from a Regular Savings account
to another account or to third parties by preauthorized, automatic, telephone, or
computer transfer or by check, draft, debit card (if applicable), or similar order
to third parties are limited to six per month.
Fees:
An excessive withdrawal fee of $1.00
will be charged for each debit transaction (withdrawal, automatic transfer or payment
out of this account) in excess of three during a month.
3-MONTH CERTIFICATE OF DEPOSIT
Rate Information - The interest rate
on your account is --------------%
with an annual percentage yield of --------------%.
You will be paid this rate until first maturity.
Compounding frequency - Interest
will not be compounded.
Crediting frequency - Interest
will be credited to your account at maturity.
Minimum balance to open the account
- You must deposit $2,500.00 to open this account.
Minimum balance to obtain the annual
percentage yield disclosed - You must maintain a minimum balance of $2,500.00
in the account each day to obtain the disclosed annual percentage yield.
Daily 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.
Accrual of interest on noncash deposits -
Interest begins to accrue on the business day you deposit noncash items (for example,
checks).
Transaction limitations:
You may not make any deposits into
your account before maturity.
You may make withdrawals of principal
from your account before maturity only if we agree at the time you request the withdrawal.
Principal withdrawn before maturity is included in the amount subject to early withdrawal
penalty.
You cannot withdraw interest from your
account before maturity.
Time requirements - Your account
will mature --------------------------------------
.
Early withdrawal penalties (a
penalty may be imposed for withdrawals before maturity) -
- The fee we may impose will equal one months
interest on the amount withdrawn subject to penalty.
Minimum balance accounts - We reserve
the right to treat any withdrawal which would reduce the balance remaining in the
account below the required minimum initial deposit or minimum balance as a withdrawal
of the entire account balance and calculate the amount of the penalty accordingly.
In certain circumstances such as the
death or incompetence of an owner of this account, the law permits, or in some cases
requires, the waiver of the early withdrawal penalty. Other exceptions may also
apply, for example, if this is part of an IRA or other tax-deferred savings
plan.
Automatically renewable time account -
This account will automatically renew at maturity. You may prevent renewal if you
withdraw the funds in the account at maturity (or within the grace period mentioned
below, if any) or we receive written notice from you within the grace period mentioned
below, if any. We can prevent renewal if we mail notice to you at least 30 calendar
days before maturity. If either you or we prevent renewal, interest will not accrue
after final maturity.
Each renewal term will be the same
as the original term, beginning on the maturity date. The interest rate will be
the same we offer on new time deposits on the maturity date which have the same
term, minimum balance (if any) and other features as the original time deposit.
You will have ten calendar days after
maturity to withdraw the funds without a penalty.
6-MONTH OR 12-MONTH CERTIFICATE OF DEPOSIT
Rate Information - The interest rate
on your account is --------------%
with an annual percentage yield of --------------%.
You will be paid this rate until first maturity.
Compounding frequency - Interest
will be compounded every quarter.
Crediting frequency - Interest
will be credited to your account every quarter.
Minimum balance to open the account
- You must deposit $1,000.00 to open this account.
Minimum balance to obtain the annual
percentage yield disclosed - You must maintain a minimum balance of $1,000.00
in the account each day to obtain the disclosed annual percentage yield.
Daily 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.
Accrual of interest on noncash deposits
- Interest begins to accrue on the business day you deposit noncash items (for
example, checks).
Transaction limitations:
You may not make any deposits into
your account before maturity.
You may make withdrawals of principal
from your account before maturity only if we agree at the time you request the withdrawal.
Principal withdrawn before maturity is included in the amount subject to early withdrawal
penalty.
You can only withdraw interest credited
in the term before maturity of that term without penalty. You can withdraw interest
any time during the term of crediting after it is credited to your account.
Time requirements - Your account
will mature -------------------------------------- .
Early withdrawal penalties (a
penalty may be imposed for withdrawals before maturity) -
- The fee we may impose will equal one months
interest on the amount withdrawn subject to penalty.
Minimum balance accounts - We reserve
the right to treat any withdrawal which would reduce the balance remaining in the
account below the required minimum initial deposit or minimum balance as a withdrawal
of the entire account balance and calculate the amount of the penalty accordingly.
In certain circumstances such as the
death or incompetence of an owner of this account, the law permits, or in some cases
requires, the waiver of the early withdrawal penalty.
Other exceptions may also apply, for example, if this is part of an IRA or
other tax-deferred savings plan.
Withdrawal of interest prior to maturity -
The annual percentage yield assumes interest will remain on deposit until maturity.
A withdrawal will reduce earnings.
Automatically renewable time account
- This account will automatically renew at maturity. You may prevent renewal
if you withdraw the funds in the account at maturity (or within the grace period
mentioned below, if any) or we receive written notice from you within the grace
period mentioned below, if any. We can prevent renewal if we mail notice to you
at least 30 calendar days before maturity. If either you or we prevent renewal,
interest will not accrue after final maturity.
Each renewal term will be the same
as the original term, beginning on the maturity date. The interest rate will be
the same we offer on new time deposits on the maturity date which have the same
term, minimum balance (if any) and other features as the original time deposit.
You will have ten calendar days after
maturity to withdraw the funds without a penalty.
CERTIFICATE OF DEPOSIT
(18-, 24-, 36-, 48-, OR 60-MONTH TERM)
Rate Information - The interest rate
on your account is --------------%
with an annual percentage yield of --------------%.
You will be paid this rate until first maturity.
Compounding frequency - Interest
will be compounded every quarter.
Crediting frequency - Interest
will be credited to your account every quarter.
Minimum balance to open the account
- You must deposit $1,000.00 to open this account.
Minimum balance to obtain the annual
percentage yield disclosed - You must maintain a minimum balance of $1,000.00
in the account each day to obtain the disclosed annual percentage yield.
Daily 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.
Accrual of interest on noncash deposits
- Interest begins to accrue on the business day you deposit noncash items (for
example, checks).
Transaction limitations:
You may not make any deposits into
your account before maturity.
You may make withdrawals of principal
from your account before maturity only if we agree at the time you request the withdrawal.
Principal withdrawn before maturity is included in the amount subject to early withdrawal
penalty.
You can only withdraw interest credited
in the term before maturity of that term without penalty. You can withdraw interest
any time during the term of crediting after it is credited to your account.
Time requirements - Your account
will mature -------------------------------------- .
Early withdrawal penalties (a
penalty may be imposed for withdrawals before maturity) -
- The fee we may impose will equal three months
interest on the amount withdrawn subject to penalty.
Minimum balance accounts - We reserve
the right to treat any withdrawal which would reduce the balance remaining in the
account below the required minimum initial deposit or minimum balance as a withdrawal
of the entire account balance and calculate the amount of the penalty accordingly.
In certain circumstances such as the
death or incompetence of an owner of this account, the law permits, or in some cases
requires, the waiver of the early withdrawal penalty. Other exceptions may also
apply, for example, if this is part of an IRA or other tax-deferred savings
plan.
Withdrawal of interest prior to maturity
- The annual percentage yield assumes interest will remain on deposit until
maturity. A withdrawal will reduce earnings.
Automatically renewable time account
- This account will automatically renew at maturity. You may prevent renewal
if you withdraw the funds in the account at maturity (or within the grace period
mentioned below, if any) or we receive written notice from you within the grace
period mentioned below, if any. We can prevent renewal if we mail notice to you
at least 30 calendar days before maturity. If either you or we prevent renewal,
interest will not accrue after final maturity.
Each renewal term will be the same
as the original term, beginning on the maturity date. The interest rate will be
the same we offer on new time deposits on the maturity date which have the same
term, minimum balance (if any) and other features as the original time deposit.
You will have ten calendar days after
maturity to withdraw the funds without a penalty.
COMMON FEATURES
Please refer to our separate fee schedule
for additional charges that may be assessed against your account.
Overdraft Fee Transaction Categories
- The categories of transactions for which an overdraft fee may be imposed are
those by any of the following means: check, in-person withdrawal, ATM withdrawal,
or other electronic means.
We may require not less than
7 days' notice in writing before each withdrawal from an interest-bearing account
other than a time deposit, or from any other savings account as defined by Regulation
D. Withdrawals from a time account prior to maturity or prior to any notice period
may be restricted and may be subject to penalty. See your notice of penalty for
early withdrawal.
--------------------------
YOUR ACCOUNT
These are the accounts you have
opened or inquired about. Further details about these accounts are inside this brochure.
If the figures are not filled in, please see the insert that is with this disclosure
or your periodic statement.