TERMS AND CONDITIONS OF
YOUR ACCOUNT
IMPORTANT ACCOUNT OPENING INFORMATION -
Federal law requires us to obtain sufficient information to verify your identity.
You may be asked several questions and to provide one or
more forms of identification to fulfill this requirement. In some instances we may use outside
sources to confirm the information. The information you provide is protected by
our privacy policy and federal law.
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 Alabama
(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:
(1) summarize some laws that apply to
common transactions;
(2) establish rules to cover transactions
or events which the law does not regulate;
(3) establish rules for certain transactions
or events which the law regulates but permits variation by agreement; and
(4) 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. “Party” means a person who, by
the terms of an account, has a present right, subject to
request, to payment from the account other than as a beneficiary or agent.
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.
Single-Party Account - Such an account is
owned by one party.
Multiple-Party Account - Parties own
account during the lifetime of all parties in proportion to their net contributions,
unless there is clear and convincing evidence of a different intent.
RIGHTS AT DEATH - Single-Party Account -
At the death of a party, ownership passes as part of the party’s estate.
Multiple-Party Account With Right of
Survivorship - At death of party, ownership passes to surviving parties. If two or more parties
survive and one is the surviving spouse of the deceased
party, the amount to which the deceased party, immediately before death, was
beneficially entitled by law belongs to the surviving spouse. If two or more parties survive and none is the
spouse of the decedent, the amount to which the deceased
party, immediately before death, was beneficially entitled by law belongs
to the surviving parties in equal shares, and augments the proportion to which each
surviving party, immediately before the deceased party’s death, was
beneficially entitled under law, and the right of survivorship continues between the surviving parties.
Multiple-Party Account Without Right of
Survivorship - At death of party, deceased party’s ownership passes as part of deceased party’s
estate.
Single-Party Account With Pay-on-Death
Designation - At death of the party, ownership passes to the designated
pay-on-death beneficiaries and is not part of the party’s estate.
Multiple-Party Account With Right of
Survivorship and Pay-on-Death Designation - At death of last surviving
party, ownership passes to the designated pay-on-death beneficiaries and is not part of the last surviving
party’s estate.
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 towithdrawals 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.
AGENCY (Power of Attorney) DESIGNATION
(Single-Party Accounts only) - A single individual is the owner. The
agent 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 drawn on your account in any order (for purposes of this
section “items” means checks, orders
and electronic transactions). To assist you in handling
your account with us, we are providing you with the following
information regarding how we process those items. When processing checks or orders drawn on
your account, our policy is to pay them according to the dollar amount. We pay the smallest
checks and orders first. For electronic transactions, our policy is to pay
them in the order that they are received. 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. There is no policy that is favorable in every instance. If the smallest
items are paid first, you may have fewer NSF or overdraft fees, but
the largest, and perhaps more important items (such as rent or mortgage payments) might not be
paid. However, if the largest items are paid
first, your most important items might be paid but it may increase the overdraft or
NSF fees if funds are not available to pay all of the items. 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 creating items
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.
TRUNCATION, SUBSTITUTE CHECKS, AND OTHER
CHECK IMAGES - If you truncate an original check and create
a substitute check, or other paper or electronic image of the original check,
you warrant that no one will be asked to make payment on the original check, a
substitute check or any other electronic or paper image, if the payment obligation
relating to the original check has already been paid. You also warrant that any substitute check
you create conforms to the legal requirements and
generally accepted specifications for substitute checks. You agree to retain the original check in
conformance with our internal policy for retaining original checks. You
agree to indemnify us for any loss we may incur as a result of any truncated check
transaction you initiate. We can refuse to accept substitute checks
that have not previously been warranted by a bank or other financial
institution in conformance with the Check 21 Act. Unless
specifically stated in a separate agreement between you and us, we do not have to accept any other
electronic or paper image of an original check.
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, NOW, or money market
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.
SBC Telephone Banking Transfers - types of
transfers - You may access your account by telephone 24 hours a day
at 334-898-7476 using your personal identification number, a touch tone phone,
and your account numbers, to:
• transfer funds from checking to checking
• transfer funds from checking to savings
• transfer funds from savings to checking
• transfer funds from savings to savings
• make payments from checking or savings
to loan accounts with us
• get information about:
- the account balance of checking or
savings accounts
Please also see Limitations on frequency
of transfers section regarding limitations that apply to telephone transfers.
MasterMoney™ Debit Card ATM Transfers -
types of transfers and dollar limitations - You may access your
account(s) by ATM using your MasterMoney™ Debit card and personal
identification number, to:
• get cash withdrawals from checking,
Super NOW, or money market account(s) with a MasterMoney Debit card
- you may withdraw no more than $300.00
per day
• You may get information about the
account balance of your checking, Super NOW, or
money market account(s). 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 MasterMoney™ Debit Card
Point-of-Sale Transactions - You may access your checking, Super NOW checking,
or money market 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 $700.00 in
transactions per day
Please also see Limitations on frequency
of transfers section regarding limitations that apply to debit card transactions. Currency Conversion and Cross-Border
Transaction Fees. If you effect a transaction with your MasterMoney™ debit
card in a currency other than US Dollars, MasterCard will convert the
charge into a US Dollar amount. The MasterCard currency conversion procedure
includes use of either a government-mandated exchange rate, or a
wholesale exchange rate selected by MasterCard. The exchange rate MasterCard uses will be
a rate in effect on the day the transaction is processed. This rate may differ
from the rate in
effect on the date of purchase or the date
the transaction was posted to your account. MasterCard charges us a Currency
Conversion Assessment of 20 basis points (.2% of the transaction) for performing
the currency conversion. In addition, MasterCard charges us an Issuer
Cross-Border Assessment of 80 basis points (.8% of the transaction) on all
cross-border transactions regardless of whether there is a currency conversion. As a result, we charge you a
Currency Conversion fee of .2% and a Cross-Border
Transaction fee of .8%. The Cross-Border Transaction fee is charged on all
cross-border transactions regardless of
whether there is a currency conversion. A cross-border
transaction is a transaction processed through the Global
Clearing Management System or the MasterCard Debit Switch in which the
country of the merchant is different than the country of the cardholder. 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. SBC Internet Banking - types of transfers
- You may access your account(s) by computer by logging onto our
website at www.samsonbanking.com and using your user
name and password and providing such other information as may be
required by our website, to:
• transfer funds between your deposit
accounts
• make payments from your deposit accounts
to loan account(s) with us
• get information about:
- your accounts, such as account balances
or information on deposits or withdrawals 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:
• Withdrawals or transfers from a savings
account to another account or to third parties by telephone or in
person are limited to two per month.
• Transfers from a money market account to
another account or to third parties by preauthorized, automatic,
internet or telephone
banking or telephone transfer or by check,
draft, debit card, or similar order to third parties are limited to six per
statement cycle.
FEES
• We do not charge for direct deposits to
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, you can call us at
(334) 898-7107 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, Super NOW, or money market accounts. You will get a quarterly account statement
from us for your savings accounts, if the only possible
electronic transfers to or from the account are preauthorized credits.
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. We will charge you $15.00 for each
stop-payment order you give.
• Notice of varying amounts. If these
regular payments may vary in amount, the person you are going to pay
will tell you, 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, orwhen 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:
(1) If, through no fault of ours, you do
not have enough money in your account to make the transfer.
(2) If you have an overdraft line and the
transfer would go over the credit limit.
(3) If the automated teller machine where
you are making the transfer does not have enough cash.
(4) If the terminal or system was not
working properly and you knew about the breakdown when you started the transfer.
(5) If circumstances beyond our control
(such as fire or flood) prevent the transfer, despite reasonable precautions that we have
taken.
(6) 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:
(1) where it is necessary for completing
transfers; 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 written permission; or
(5) as explained
in the separate Privacy Disclosure.
UNAUTHORIZED TRANSFERS
(a) Consumer liability. 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 the money in your account (plus
your maximum overdraft line of credit). If you tell us within 2 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 and/or code without your
permission. If you do NOT tell us within 2 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 $500. Also, if your statement shows transfers that
you did not make, including those made by card, code or other means, tell us at once. If
you do not tell us within 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 Limits on Liability for
MasterMoney™ debit card, when used for point-of-sale transactions. You will not be liable
for any
unauthorized transactions using your
MasterMoney™ debit card, when used for point-of-sale transactions, if: (i) you can demonstrate that you have exercised reasonable care in
safeguarding your card from the risk of loss or theft, (ii) you have not reported
to us two or more incidents of unauthorized use within the prior
twelve-month period, and (iii) your account is in good standing. If any of these conditions are
not met, your liability is the lesser of $50 or the
amount of money, property, labor, or services obtained by the unauthorized use before notification
to us. “Unauthorized use” means the use of your
debit card by a person, other than you, who does not have actual,
implied, or apparent authority for such use, and from which you receive no benefit. This
additional limitation on liability does not apply to PIN-based
transactions or transactions not processed by MasterCard.
(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.
(1) Tell us your name and account number
(if any).
(2) Describe the error or the transfer you
are unsure about, and explain as clearly as you can why you
believe it is an error or why
you need more information.
(3) Tell us the dollar amount of the
suspected error. If you tell us orally, we may require that
you send us your complaint or question in writing within 10 business days. We will determine whether an error
occurred within 10 business days (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 (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.
SAMSON BANKING COMPANY
2
WEST MAIN STREET
SAMSON, ALABAMA 36477
Business Days: Monday through Friday
Excluding Federal Holidays
Phone: (334) 898-7107
MORE DETAILED INFORMATION IS AVAILABLE
ON REQUEST
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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
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 they
are available, you can withdraw the funds in cash and/or 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 closing 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
closing 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 $200 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 ninth business day after the day of your deposit.
—————————————
TRUTH-IN-SAVINGS DISCLOSURE
REGULAR CHECKING ACCOUNT
Minimum balance to open the account - You
must deposit $200.00 to open this account.
Minimum balance to avoid imposition of
fees - A service charge fee of $3.50 will be imposed every statement cycle if
the balance in the account falls below $300.00 any day of the cycle.
SAMSON BANCLUB ACCOUNT
Minimum balance to open the account - You
must deposit $200.00 to open this account.
Fees:
A banclub
service charge fee of $5.00 (Individual), $6.00 (Personal), or $7.00 (Family) will be charged each month.
Senior banclub
accounts (55 and older) monthly service charge fee reduced by $1.00 (upon notification).
The insurance offered with Banclub account is not a deposit, not FDIC insured, not an obligation of or guaranteed by the
financial institution or an affiliate and not insured by any agency of the U.S.
SENIOR CHECKING ACCOUNT
(55 or older)
Minimum balance to open the account - You
must deposit $200.00 to open this account.
SUPER NOW 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.
This is a tiered rate account based on the
following average daily balances:
• Tier 1 - $9,999.99 or less
• Tier 2 - $10,000.00 - $24,999.99
• Tier 3 - $25,000.00 - $49,999.99
• Tier 4 - $50,000.00 or more
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 $1,500.00 to open this account.
Minimum balance to avoid imposition of
fees - A service charge fee of $10.00 will be imposed each monthly statement
cycle if the average collected balance for the monthly statement cycle falls below $1,500.00. The
average collected 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.
Average daily balance computation method -
We use the average daily balance method to calculate the interest on your account. This
method applies a periodic rate to the average daily balance in the account for
the period. 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. The period we use is the monthly statement cycle.
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).
MONEY MARKET 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.
This is a tiered rate account based on the
following average daily balances:
• Tier 1 - $24,999.99 or less
• Tier 2 - $25,000.00 - $49,999.99
• Tier 3 - $50,000.00 or more
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 $2,500.00 to open this account.
Minimum balance to avoid imposition of
fees - A service charge fee of $10.00 will be imposed each monthly statement
cycle if the average collected balance for the monthly statement cycle falls below $2,500.00. The
average collected 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.
Average daily balance computation method -
We use the average daily balance method to calculate the interest on your account. This
method applies a periodic rate to the average daily balance in the account for
the period. 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. The period we use is the monthly statement cycle.
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 account to
another account or to third parties by preauthorized, automatic, internet or
telephone banking or telephone transfer or by check, draft, debit card, or similar
order to third parties are limited to six per statement cycle.
Fees:
An excess withdrawal fee of $10.00 will be
charged for each debit transaction (withdrawal, check paid, 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 $200.00 to open this account.
Minimum balance to avoid imposition of
fees - Accounts with average collected balance of BELOW $150.00 per
month will be charged a service charge of $.50 per month. (18 years of age and under are
excluded. WE MUST HAVE BIRTH DATES.) The average collected
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.
Average daily balance computation method -
We use the average daily balance method to calculate the interest on your account. This
method applies a periodic rate to the average daily balance in the account for
the period. 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. The period we use is the calender
month.
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:
Withdrawals or transfers from a Regular
Savings account to another account by telephone or in person are limited to two per month.
Fees:
An excess withdrawal fee of $2.00 will be
charged for each debit transaction in excess of two during a calendar month.
An account closing fee of $10.00 will be
charged if this account is closed within 90
(ninety) days of
opening.
COMMON FEATURES
The following fees may be assessed against
your account and the following transaction limitations, if any, apply to your account.
Check printing .......................(fee
depends on style and quantity of check ordered)
Money orders (customers)
...............................................................................$2.00
Cashier’s checks (customers)
.................................................................$5.00 each
Money orders (non-customers)
........................................................................$5.00
Cashier’s checks
(non-customers).................................................................$10.00
Replacing MasterMoney personal
identification numbers (PIN) ....................$10.00
MasterMoney replacement
card.....................................................................$10.00
Counter checks (three per month at no charge)
.....................................................$1.00 each (in excess of
three)
An account is dormant if for one year you
have made no deposits or withdrawals to the account and you have had no communication with us
about your account(s).
Dormant account fee
(monthly)........................................................................$3.50
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.
Overdraft - each overdraft paid
......................................................................$21.00
Nonsufficient funds -
each..............................................................................$21.00
Stop payments - each
....................................................................................$15.00
Photocopies
.......................................................................................................$.15
Wire
transfers.................................................................................................$15.00
Account balancing assistance
.........................................................$10.00 per hour
Account
research.............................................................................$10.00
per hour
CHECK ORDERS from companies other than
Samson Banking Company will be accepted only if compatible with our equipment.
POSTDATED CHECKS: postdated checks are not
the responsibility of the bank. WE must be notified in writing by the
customer of any item that is postdated.
Please see our separate rate sheet for
current rates.
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.
—————————————
SAMSON BANKING COMPANY
2
WEST MAIN STREET
SAMSON, ALABAMA 36477
PHONE: (334) 898-7107
FAX: (334) 898-2487
www.samsonbanking.com
Member FDIC