Electronic Fund Transfer Disclosure and Agreement

For purposes of this disclosure and agreement the terms “we”, “us” and “our” refer to The Village Bank. The terms “you” and “your” refer to the recipient of this disclosure and agreement.

The Electronic Fund Transfer Act and Regulation E require institutions to provide certain information to customers regarding electronic fund transfers (EFTs). This disclosure applies to any EFT service you receive from us related to an account established primarily for personal, family or household purposes. Examples of EFT services include direct deposits to your account, automatic regular payments made from your account to a third party and one-time electronic payments from your account using information from your check to pay for purchases or to pay bills. This disclosure also applies to the use of your ATM Card (hereinafter referred to collectively as “ATM Card”) or Village Bank Debit MasterCard (hereinafter referred to collectively as “Debit Card”) at automated teller machines (ATMs) and any networks described below.

TERMS AND CONDITIONS. The following provisions govern the use of EFT services through accounts held by The Village Bank which are established primarily for personal, family or household purposes. If you use any EFT services provided, you agree to be bound by the applicable terms and conditions listed below. Please read this document carefully and retain it for future reference.

DEFINITION OF BUSINESS DAY. Business days are Monday through Friday excluding holiday s.

ATM CARD SERVICES. The services available through use of your ATM card are described below.

ATM CARD SERVICES:

You may withdraw cash from your checking account(s) and savings account(s). You may make deposits into your checking account(s) and savings account(s). You may transfer funds between your checking and savings accounts.

You may make balance inquiries on your checking account(s) and savings account(s).

DEBIT CARD SERVICES. The services available through use of your debit card are described below.

VILLAGE BANK DEBIT MASTERCARD SERVICES:

You may withdraw cash from your checking account(s) and savings account(s). You may make deposits into your checking account(s) and savings account(s). You may transfer funds between your checking and savings accounts.

You may make balance inquiries on your checking account(s) and savings account(s).

You may use your card at any merchant that accepts Mastercard® debit cards for the purchase of goods and services.

ATM SERVICES.

NETWORK. Your ability to perform the transactions or access the accounts set forth above depends on the location and type of ATM you are using and the network through which the transaction is being performed. A specific ATM or network may not perform or permit all of the above transactions.

Besides being able to use your ATM Card or Debit Card at our ATM terminals, you may access your accounts through the following network(s): NYCE, CIRRUS, SUM-INTERCEPT, PRESTO, MASTERCARD, ACCEL EXCHANGE, PLUS, VISA OR OTHER ELECTRONIC BANKING MACHINES OR DEVICES APPROVED BY US.

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.

POINT OF SALE TRANSACTIONS. Listed below is the card you may use to purchase goods and services from merchants that have arranged to accept your card as a means of payment (these merchants are referred to as “Participating Merchants”). Some Participating Merchants may permit you to receive cash back as part of your purchase. Purchases made with your card, including any purchase where you receive cash, are referred to as “Point of Sale” transactions and will cause your “designated account” to be debited for the amount of the purchase. We have the right to return any check or other item drawn against your account to ensure there are funds available to pay for any Point of Sale transaction. We may, but do not have to, allow transactions which exceed your available account balance or, if applicable, your available overdraft protection. If we do, you agree to pay an amount equal to the overdrawn balance plus any overdraft fee.

The following card and the corresponding designated account(s) may be used for Point of Sale transactions:

 

Village Bank Debit MasterCard: checking account.

Your ATM and Debit cards may also be used to obtain cash from your designated account(s) at participating financial institutions when so authorized under the terms of your Account Agreement.

CURRENCY CONVERSION – Mastercard®. If you perform transactions with your card with the Mastercard® logo in a currency other than US dollars, Mastercard International Inc. will convert the charge into a US dollar amount. At Mastercard International they use a currency conversion procedure, which is disclosed to institutions that issue Mastercard®. Currently the currency conversion rate used by Mastercard International to determine the transaction amount in US dollars for such transactions is generally either a government mandated rate or wholesale rate, determined by Mastercard International for the processing cycle in which the transaction is processed, increased by an adjustment factor established from time to time by Mastercard International. The currency conversion rate used by Mastercard International on the processing date may differ from the rate that would have been used on the purchase date or the cardholder statement posting date.

SERVICES PROVIDED THROUGH USE OF THE VILLAGE LINE. You may perform the following functions through use of THE VILLAGE LINE:

You may initiate transfers of funds between your checking and savings accounts.

You may make balance inquiries on your checking account(s), savings account(s), and loan accounts.

You may make payments on consumer loans, home mortgage loans, and home equity loans that you have with us.

In addition, you may perform other transactions such as:

Find out if a specific check has cleared. Hear a list of recent deposits or withdrawals.

Find out how much interest was paid on your account. Obtain current deposit and loan rates.

Check the interest rate and maturity date of a CD. Request Stop Payments.

Change your telephone banking PIN via the telephone.

PREAUTHORIZED TRANSFER SERVICES.

You may arrange for the preauthorized automatic deposit of funds to your checking account(s) and savings account(s).

You may arrange for the preauthorized automatic payments or other transfers from your checking account(s) and savings account(s).

SERVICES PROVIDED THROUGH USE OF VILLAGE ONLINE BANKING/ MOBILE BANKING. The Village Bank

offers its customers use of our Village Online Banking / Mobile Banking service.

You may access certain accounts through Village Online Banking. A separate disclosure is available describing the many features of online banking services. Please ask a customer service representative for a copy of our Village Online Banking Agreement and Electronic Funds Transfer Disclosure. You may also obtain a copy of the Village Online Banking disclosure by visiting our web site at www.village-bank.com. You may access your account online 24 hours per day at www.village-bank.com using your Access ID and password to:

 

Check your balance and transaction history on your checking, savings and/or loan accounts. Transfer funds between your Village Bank Accounts.

Place stop payments.

Pay Bills. Export transactions into Quicken (not available on Mobile Banking). Enroll in Text Message Banking (not available on Mobile Banking).

Set-up e-mail alerts.

 

Be careful if you need to use public internet access. If there is no password for your Wi-Fi connection, it is not a secured internet connection. With Mobile Banking, use the 3G (or higher) network connection on the phone whenever possible. To minimize your risk, please use a secure internet connection when accessing Village Online and Mobile Banking.

 

SERVICES PROVIDED THROUGH USE OF TEXT MESSAGE BANKING

Once enrolled, via Village Online Banking, you can text a command to 48179 and receive texts on your mobile device. You can obtain your balance, transaction history and ATM & Branch Locations.

 

OTHER ELECTRONIC FUNDS TRANSFERS

RE-PRESENTED CHECK (RCK) FEES

 

A fee assessed by the payee for a re-presented check, such as a collection fee, would be covered by the Electronic Funds Transfer Act. Please note that only the fee is subject to EFT regulations; the re-presented check entry (RCK) transaction, where a check is used to pay for goods or services and is subsequently returned for insufficient funds and the payee re-presents the check electronically through an ACH system would not be subject to EFT regulations.

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 to pay bills.

LIMITATIONS ON TRANSACTIONS TRANSACTION LIMITATIONS – ATM CARD.

CASH WITHDRAWAL LIMITATIONS. You may withdraw up to $500.00 through use of ATMs in any one day.

TRANSACTION LIMITATIONS – VILLAGE BANK DEBIT MASTERCARD.

CASH WITHDRAWAL LIMITATIONS. You may withdraw up to $500.00 through use of ATMs in any one day.

POINT OF SALE LIMITATIONS. You may buy up to $1,500.00 worth of goods or services in any one day through use of our Point of Sale service.

OTHER LIMITATIONS.

Village Debit MasterCard cardholders may purchase up to $3000 worth of goods or services using the signature authorized feature in any 24 hour period. This limit is per account. Should an account have multiple owners, each with a Village Debit MasterCard, the $3000 limit is shared among the cards associated with the account.

 

At any time you may limit the amount to be withdrawn via your ATM card or Village Debit MasterCard card to $50 per day upon written notice to this institution.

We reserve the right to impose limitations for security purposes at any time.

 

 

LIMITS ON TRANSFERS FROM CERTAIN ACCOUNTS. Federal regulation limits the number of checks, telephone transfers, online transfers, and preauthorized electronic transfers to an account you have with us and to third parties (including Point of Sale transactions) from money market and savings type accounts. You are limited to six (6) such transactions from each money market and/or savings type account(s) you have each statement period for purposes of making a payment to a third party or by use of a telephone or computer.

 

NOTICE OF RIGHTS AND RESPONSIBILITIES

The use of any electronic fund transfer services described in this document creates certain rights and responsibilities regarding these services as described below.

RIGHT TO RECEIVE DOCUMENTATION OF YOUR TRANSFERS.

TRANSACTION RECEIPTS. Depending on the location of an ATM, you may not be given the option to receive a receipt if your transaction is $15.00 or less. Upon completing a transaction of more than $15.00, you will receive a printed receipt documenting the transaction (unless you choose not to get a paper receipt). These receipts (or the transaction number given in place of the paper receipt) should be retained to verify that a transaction was performed. A receipt will be provided for any transaction of more than $15.00 made with your ATM Card or Debit Card at a Participating Merchant. If the transaction is $15.00 or less, the Participating Merchant is not required to provide a receipt.

PERIODIC STATEMENTS. If your account is subject to receiving a monthly statement, all EFT transactions will be reported on it. If your account is subject to receiving a statement less frequently than monthly, then you will continue to receive your statement on that cycle, unless there are EFT transactions, in which case you will receive a monthly statement. In any case you will receive your statement at least quarterly.

PREAUTHORIZED DEPOSITS. 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.

PASSBOOK ACCOUNTS. If the only type of electronic fund transactions are preauthorized deposits you will not receive a statement for your Passbook account. If you bring your Passbook to us, we will record any electronic deposits that were made to your account since the last time you brought in your Passbook. You will not receive a periodic statement noting these transactions on your Passbook account.

USING YOUR CARD AND PERSONAL IDENTIFICATION NUMBER (“PIN”). In order to assist us in maintaining the security of your account and the terminals, the ATM Card or Debit Card remains our property and may be revoked or canceled at any time without giving you prior notice. You agree not to use your ATM Card or Debit Card for a transaction that would cause your account balance to go below zero, or to access an account that is no longer available or lacks sufficient funds to complete the transaction, including any available line of credit. We will not be required to complete any such transaction, but If we do,we may, at our sole discretion, charge or credit the transaction to another account; you agree to pay us the amount of the improper withdrawal or transfer upon request.

Your ATM Card may only be used with your PIN. Certain transactions involving your Debit Card require use of your PIN. Your PIN is used to identify you as an authorized user. Because the PIN is used for identification purposes, you agree to notify The Village Bank immediately if your ATM Card or Debit Card is lost or if the secrecy of your PIN is compromised. You also agree not to reveal your PIN to any person not authorized by you to use your ATM Card or Debit Card or to write your PIN on your ATM Card or Debit Card or on any other item kept with your ATM Card or Debit Card. We have the right to refuse a transaction on your account when your ATM Card or Debit Card or PIN has been reported lost or stolen or when we reasonably believe there is unusual activity on your account.

The security of your account depends upon your maintaining possession of your ATM Card or Debit Card and the secrecy of your PIN. You may change your PIN if you feel that the secrecy of your PIN has been compromised. You may change your PIN at our ATM or by calling 1-800-567-3451, visiting any of our branch locations and seeing a Customer Service Representative

RIGHTS REGARDING PREAUTHORIZED TRANSFERS.

RIGHTS AND PROCEDURES TO STOP PAYMENTS. If you have instructed us to make regular preauthorized transfers out of your account, you may stop any of the payments. To stop a payment,

call us at:      (617)969-4300 or

write to:        The Village Bank

Attn: Customer Care

320 Needham Street, Suite 200

Newton, MA 02464

We must receive your call or written request at least three (3) business days prior to the scheduled payment. If you call, please have the following information ready: your account number, the date the transfer is to take place, to whom the transfer is being made and the amount of the scheduled transfer. If you call, we may require you to put your request in writing and deliver it to us within fourteen (14) days after you call.

NOTICE OF VARYING AMOUNTS. If you have arranged for automatic periodic payments to be deducted from your checking or savings account and these payments vary in amount, you will be notified by the person or company you are going to pay ten days prior to the payment date of the amount to be deducted. 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.

OUR LIABILITY FOR FAILURE TO STOP PREAUTHORIZED TRANSFER PAYMENTS. If you order us to stop

one of the payments and have provided us with the information we need at least three (3) business days prior to the scheduled transfer, and we do not stop the transfer, we will be liable for your losses or damages.

YOUR RESPONSIBILITY TO NOTIFY US OF LOSS OR THEFT. If you believe your ATM Card or Debit Card or PIN or internet banking access code has been lost or stolen,

call us at:       (617)969-4300 (Mon-Fri 7:00 a.m. – 6:00 p.m. and Saturday 9 a.m.- noon) or

write to:          The Village Bank

Attn: Customer Care

320 Needham Street, Suite 200

Newton, MA 02464

In the event you need to report your Village Business Debit MasterCard lost or stolen and it is during non-business hours, please call (800)-554-8969.

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

CONSUMER LIABILITY. Tell us at once if you believe your ATM Card or Debit Card or PIN or internet banking access code has been lost or stolen or used without permission 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.

 

Your liability shall not exceed $50.00 for any unauthorized electronic fund transfer or a series of transfers arising from a single loss or theft of your ATM Card or Debit Card or PIN.

Also, if your statement shows transfers 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 transmitted 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.

CONSUMER LIABILITY FOR UNAUTHORIZED TRANSACTIONS INVOLVING VILLAGE BANK DEBIT

MASTERCARD. The limitations on your liability for unauthorized transactions described above generally apply to all electronic fund transfers. However, different limitations apply to certain transactions involving your card with the Mastercard® branded card.

If you promptly notify us about an unauthorized transaction involving your card and the unauthorized transaction took place on your Mastercard® branded card, including any PIN-based ATM or POS transactions, zero liability will be imposed on you for the unauthorized transaction. In order to qualify for the zero liability protection, you must have exercised reasonable care in safeguarding your card from the risk of loss or theft and, upon becoming aware of such loss or theft, promptly reported the loss or theft to us.

ILLEGAL USE OF VILLAGE BANK DEBIT MASTERCARD. You agree not to use your Village Bank Debit MasterCard for any illegal transactions, including internet gambling and similar activities.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSAC TIONS. In case of errors or questions about your electronic fund transfers,

call us at:     (617)969-4300 or

write to:      The Village Bank

Attn: Customer Care

320 Needham Street, Suite 200

Newton, MA 02464

or

use the current information on your most recent account statement.

Notification should be made as soon as possible if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact The Village Bank no later than 60 days after we sent you the first statement on which the problem or error appears. You must be prepared to provide the following information:

Your name and account number.

A description of the error or transaction you are unsure about along with an explanation as to why you believe it is an error or why you need more information.

The dollar amount of the suspected error.

If you provide oral notice, you may be required to send in your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) 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 (ninety

(90) days for new accounts and foreign initiated or Point of Sale transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days for new accounts) for the amount which you think is in error, so that you will have the use of the money during the time it takes 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. The extended time periods for new accounts apply to all electronic fund transfers that occur within the first thirty

  • days after the first deposit to the account is made, including those for foreign initiated or Point of Sale transactions.

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.

LIABILITY FOR FAILURE TO COMPLETE TRANSACTION. 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 as provided by law. 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 transfer would result in your exceeding the credit limit on your line of credit, if you have one.

If the electronic terminal was not working properly and you knew about the breakdown before you started the transfer.

If circumstances beyond our control (such as fire or flood, computer or machine breakdown, or failure or interruption of communications facilities) prevent the transfer, despite reasonable precautions we have taken.

If we have terminated our Agreement with you.

When your ATM Card or Debit Card has been reported lost or stolen or we have reason to believe that something is wrong with a transaction.

If we receive inaccurate or incomplete information needed to complete a transaction.

In the case of preauthorized transfers, we will not be liable where there is a breakdown of the system which would normally handle the transfer.

If the funds in the account are subject to legal action preventing a transfer to or from your account. If the electronic terminal does not have enough cash to complete the transaction.

There may be other exceptions provided by applicable law.

CHARGES FOR TRANSFERS OR THE RIGHT TO MAKE TRANSFERS.

PER TRANSACTION CHARGE. We may assess a fee for each preauthorized transfer, ATM transaction, telephone transaction or Point of Sale purchase you make. Please see the applicable schedule of fees to determine the applicable amount.

SCHEDULE OF FEES. The schedule of fees referred to above is being provided separately and is incorporated into this document by reference. Additional copies of the schedule may be obtained from The Village Bank upon request.

PREAUTHORIZED TRANSACTIONS. There are no additional charges for your use of preauthorized electronic fund transfers except as stated in our fee schedule, which is incorporated into this document by reference.

  1. Account Maintenance. We may charge you a fee each month to maintain your account(s) with us if you fail to maintain the required monthly balance amount as per our most recently published Schedule of Fees and
  2. 2.Fees Imposed by Others. When you use an ATM not owned or operated by us (or is not a member of the SUM-Intercept or Presto programs) you may be charged a fee by the ATM operator or any network used to complete the transfer and you may be charged a fee for a balance inquiry. The Village Bank does charge a fee for non-Village Bank ATM/Debit MasterCard cardholders who use our ATM facilities.

DISCLOSURE OF ACCOUNT INFORMATION. You agree that merchant authorization messages transmitted in connection with Point of Sale transactions are permissible disclosures of account information, and you further agree to release The Village Bank and hold it harmless from any liability arising out of the transmission of these messages.

We will disclose information to third parties about your account or electronic fund transfers made to your account:

  1. Where necessary to complete a transfer or to investigate and resolve errors involving the transfer(s); or
  2. In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant; or
  3. In order to comply with government agency or court orders; or
  4. If you give us your permission in a record or

AMENDING OR TERMINATING THE AGREEMENT. We may change or amend any of the terms and conditions of the Agreement and those portions of the applicable fee schedules which relate to EFT services, at any time upon at least 30 days written notice to you prior to the effective date of the change or amendment. Your failure to timely furnish notice as set forth in the written notice shall be deemed to be your acceptance of such change or amendment. If you do not agree to abide by a change or amendment, you must notify The Village Bank of the fact prior to the effective date of the change or amendment and cancel this Agreement. The Village Bank may cancel this Agreement at any time, without giving you prior notice. If you or The Village Bank cancels this Agreement at any time, you shall surrender any card and you may no longer use any of The Village Bank’s EFT services other than automated clearing house transfer services.

SAFETY PRECAUTIONS FOR ATM TERMINAL USAGE. Please keep in mind the following basic safety tips whenever you use an ATM:

Have your ATM Card or Debit Card ready to use when you reach the ATM. Have al I of your forms ready before you get to the machine. Keep some extra forms (envelopes) at home for this purpose.

If you are new to ATM usage, use machines close to or inside a financial institution until you become comfortable and can conduct your usage quickly.

If using an ATM in an isolated area, take someone else with you if possible. Have them watch from the car as you conduct your transaction.

Do not use ATMs at night unless the area and machine are well-lighted. If the lights are out, go to a different location.

If someone else is using the machine you want to use, stand back or stay in your car until the machine is free. Watch out for suspicious people lurking around ATMs, especially during the times that few people are around.

When using the machine, stand so you block anyone else’s view from behind.

If anything suspicious occurs when you are using a machine, cancel what you are doing and leave immediately. If

going to your car, lock your doors.

Do not stand at the ATM counting cash. Check that you received the right amount later in a secure place, and reconcile it to your receipt then.

Keep your receipts and verify transactions on your account statement. Report errors immediately. Do not leave receipts at an ATM location.

 

ADDITIONAL PROVISIONS

Your account is also governed by the terms and conditions of other applicable agreements between you and The Village Bank.

MERCHANT DISPUTES. YOU ARE RESPONSIBLE FOR RESOLVING ALL DISPUTES CONCERNING THE QUALITY OF GOODS OR SERVICES PROVIDED WITH THE MERCHANT THAT ACCEPTED THE CARD.

DEFAULT
In the event that you default in connection with any obligation owed to us, you agree to reimburse us for all costs of collection, including reasonable attorneys’ fees.

QUESTIONS
Questions about the terms of this agreement will be decided by Massachusetts law, except to the extent that any applicable federal law controls. If there is any conflict between any terms of this agreement and Massachusetts or controlling federal law or regulations, that term shall be deemed to be modified to make it comply. Please refer to Truth In Savings Disclosures for further information on accounts accessible through Electronic Funds Transfers.

Please refer to Truth In Savings Disclosures for further information on accounts accessible through Electronic Fund Transfers.

Electronic Funds Transfer Disclosure

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