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
a deposit 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.
Visa Debit Card
Brief Description: For Lost or Stolen Visa Debit Card call direct
to Visa
at 1-800-554-8969, twenty-four hours a day, seven days a
week.
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. 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.
- Higher daily limits may be available upon application.
- Pay for goods and services at participating VISA merchants.
Limitations on Frequency and Amount:
- You may make unlimited 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 with a maximum of 15 transactions per
day.
- You may purchase goods and services up to $2000.00 or up to the
available balance of your account, whichever is less,
per day with a maximum of 20 transactions per day.
Fees and Charges for ATM Transactions:
- There is no charge for ATM withdrawals at machines owned by us.
- There is a Replacement Card Fee of $10.00 per card.
- When you use an ATM no owned by us, you may be charged a fee by
the ATM operator (and you may be charged a fee for a balance inquiry
even if you do not complete a fund transfer).
In addition to the limitations set forth, the following
limitations may be applicable to your accounts.
Preauthorized Government Direct Deposit
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 accounts.
Fees and Charges:
- We do not charge for any preauthorized EFTs.
- We will charge $15.00 for each stop-payment order for preauthorized
transfers.
In addition to the limitations set forth, the following
limitations may be applicable to your accounts.
Preauthorized Direct Deposit
Types of Preauthorized Transfers: You may arrange for us to
complete the following preauthorized transfers to your deposit accounts:
- Accept direct deposits from your employer or other financial institutions
to your checking or savings account.
Fees and Charges:
- We do not charge for any preauthorized EFTs.
- We will charge $15.00 for each stop-payment order for preauthorized
transfers.
In addition to the limitations set forth, the following
limitations may be applicable to your accounts.
Preauthorized Debit
Types of Preauthorized Transfers: You may arrange for us to
complete the following preauthorized transfers to or from your deposit
accounts:
- Pay certain recurring bills from your checking or savings account
generated outside any of BankWest's systems.
- Pay bills generated from within BankWest's Internet Bill Payment
system.
Fees and Charges:
- We do not charge for any preauthorized EFTs generated outside BankWest's
systems.
- Preautorized EFT's generated through our Internet Bill Payment system
may incur the then applicable fees as stated in the current Internet
Bill Payment Disclosure.
- We will charge $15.00 for each stop-payment order for preauthorized
transfers.
In addition to the limitations set forth, the following
limitations may be applicable to your accounts.
24 Hour Telephone Banking
Brief Description: Call 24 hours a day, seven days a week to
Telebank Telephone Banking @ 303-814-8002.
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.
- 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.
- Request a loan payment, hear our business hours, obtain merchant
check verification.
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:
The following limitations may be applicable to your accounts, except
as provided by law:
Liability for Unauthorized Visa Sale Debit Card Transactions.
Tell us AT ONCE if you believe your Visa 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 Visa logo
when it is used as a Visa 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 report the loss or theft of your
card within twenty-four (24) hours of discovering it lost or stolen;
and (2) you can demonstrate that you have exercised reasonable
care in safeguarding your card from risk of loss or theft; and (3)
you have not reported two or more incidents of unauthorized use to us
within the preceding twelve (12) months; and (4) your account
is in good standing. These consumer liability limits apply only to United
States issued Master Card branded consumer 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).
"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.
Visa is a registered trademark of Visa International Incorporated.
In addition to the limitations set forth, the following
limitations may be applicable to your accounts.
EFT ADDENDUM
In addition to the limitations set forth, the following limitations
may be applicable to your accounts:
Liability for Unauthorized Transfers. Tell us AT ONCE if you
believe your card, ATM PIN, POS card or PIN, Audio Response PIN, or
Internet Banking Password has been lost or stolen. 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, you can lose no more than
$50.00 if someone used your card or code without your permission. If
you do NOT tell us within two (2) business days after you learn of the
loss or theft of your card or code, and we can prove that we could have
stopped someone from using your card or code without your permission
if you had told us, you could lose as much as $50.00. Also, if your
statement shows transfers that you did not make, 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 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
a hospital stay) kept you from telling us, we will extend the time periods.
If you believe that your card, code or password has been lost or stolen
or that someone has transferred or may transfer money from your account
without your permission, call (303) 814-8149, or write us at Bankwest,
7575 Village Square Dr., Castle Rock, CO 80104
Business Days: For purposes of these electronic funds transfer
disclosures, our business days are Monday through Friday. Holidays are
not included.
Documentation.
Periodic Statement. You will get a monthly account
statement from us. You will get a quarterly statement from us on your
savings account.
Terminal Receipt. You can get a receipt at the time you make
any transfer to or from your account using one of our ATMs or purchase
at a POS terminal.
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 find out whether or not the deposit
has been made in several ways. Call us at (303) 814-8149, use Telephone
Banking by calling (303) 814-8002 or become enroll in our Internet
Banking service.
Liability for Unauthorized Transfers. Tell us AT ONCE if you
believe your card, ATM PIN, POS card or PIN, Audio Response PIN, or
Internet Banking Password has been lost or stolen. 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, you can lose no more than
$50.00 if someone used your card or code without your permission. If
you do NOT tell us within two (2) business days after you learn of the
loss or theft of your card or code, and we can prove that we could have
stopped someone from using your card or code without your permission
if you had told us, you could lose as much as $50.00. Also, if your
statement shows transfers that you did not make, 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 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
a hospital stay) kept you from telling us, we will extend the time periods.
If you believe that your card, code or password has been lost or stolen
or that someone has transferred or may transfer money from your account
without your permission, call (303) 814-8149, or write us at Bankwest,
7505 Village Square Dr., Castle Rock, CO 80104.
In Case of Errors or Questions About Your Electronic Credit Card Payment Processor Transfers.
Telephone us at (303) 814-8149, or write us at 7505 Village Square Dr.,
Castle Rock, CO 80104 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. 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 an electronic fund transfer that occurred
within thirty (30) days after the first deposit to the account was made,
the applicable time periods for action shall be twenty (20) business
days in place of ten (10) business days. If a notice of error involves
an electronic fund transfer that was initiated in a foreign country,
occurred within thirty (30) days after the first deposit to the account
was made, or is a point of sale debit card transaction, the applicable
time period for action shall be ninety (90) calendar days in place of
forty-five (45) calendar days.
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.
Internet Banking Passwords. The Internet Banking Password issued
by the Bank or as selected by you from time to time is strictly confidential
and for your use ONLY. You agree not to disclose or otherwise
make your Password available to anyone.
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, Audio Response Services or Internet Banking
Services. You agree that we may terminate this Agreement and your
use of the ATM Card, POS, Audio Response or Internet Banking services
(including, but not limited to the Internet Bill Payment service), if:
- You or any authorized user of your ATM PIN, POS card or PIN, Audio
Response PIN or Internet Banking Password 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, Audio Response PIN or Internet
Banking Password;
- We notify you or any other party to your account that we have canceled
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 at (303) 814-8149
or write to us at 7505 Village Square Dr., Castle Rock, CO 80104,
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 $15.00 for each stop payment
order you give. Electronic fund transfers created by you through our
Internet Bill Payment System are subject to the Stop Payment limitations
and process as defined within the current Internet Bill Payment Agreement.
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. In the case of preauthorized
transfers created by you through our Internet Bill Payment system,
our liability shall be governed by the terms of the current Internet
Bill Payment Agreement.
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.
DEPOSIT ACCOUNT AGREEMENT AND DISCLOSURE
