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IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT -
To help the government fight the funding of terrorism and money
laundering activities, Federal law requires all financial institutions
to obtain, verify, and record information that identifies each person
who opens an account.
What this means for you: When you open an account, we will ask for your
name, address, date of birth, and other information that will allow us to
identify you. We may also ask to see your driver's license or other
identifying documents.
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 North Carolina (except to the extent that this agreement can and
does vary such rules or laws). The body of state and federal law that
governs our relationship with you, however, is too large and complex to be
reproduced here. The purpose of this document is to:
-
summarize some
laws that apply to common transactions;
-
establish rules
to cover transactions or events which the law does not regulate;
-
establish rules
for certain transactions or events which the law regulates but permits
variation by agreement; and
-
give
you disclosures of some of our policies to which you may be entitled or
in which you may be interested.
If any provision of this document is found to be unenforceable according
to its terms, all remaining provisions will continue in full force and
effect. We may permit some variations from our standard agreement, but we
must agree to any variation in writing either on the signature card for your
account or in some other document.
As used in this document the words "we," "our," and "us" mean the
financial institution and the words "you" and "your" mean the account
holder(s) and anyone else with the authority to deposit, withdraw, or
exercise control over the funds in the account. The headings in this
document are for convenience or reference only and will not govern the
interpretation of the provisions. Unless it would be inconsistent to do so,
words and phrases used in this document should be construed so the singular
includes the plural and the plural includes the singular.
LIABILITY - You agree, for yourself (and the person or entity you
represent if you sign as a representative of another) to the terms of this
account and the schedule of charges. You authorize us to deduct these
charges directly from the account balance as accrued. You will pay any
additional reasonable charges for services you request which are not covered
by this agreement.
Each of you also agrees to be jointly and severally (individually) liable
for any account shortage resulting from charges or overdrafts, whether
caused by you or another with access to this account. This liability is due
immediately, and can be deducted directly from the account balance whenever
sufficient funds are available. You have no right to defer payment of this
liability, and you are liable regardless of whether you signed the item or
benefited from the charge or overdraft. You will also be liable for our
costs to collect the deficit as well as for our reasonable attorneys' fees,
to the extent permitted by law, whether incurred as a result of collection
or in any other dispute involving your account including, but not limited
to, disputes between you and another joint owner; you and an authorized
signer or similar party; or a third party claiming an interest in your
account.
DEPOSITS - We will give only provisional credit until collection
is final for any items, other than cash, we accept for deposit (including
items drawn "on us"). Actual credit for deposits of, or payable in, foreign
currency will be at the exchange rate in effect on final collection in U.S.
dollars. We are not responsible for transactions by mail or outside
depository until we actually record them. We will treat and record all
transactions received after our "daily cutoff time" on a business day we are
open, or received on a day we are not open for business, as if initiated on
the next business day that we are open.
WITHDRAWALS - Unless clearly indicated otherwise on the account
records, any of you, acting alone, who signs to open the account or has
authority to make withdrawals may withdraw or transfer all or any part of
the account balance at any time. Each of you (until we receive written
notice to the contrary) authorizes each other person who signs or has
authority to make withdrawals to indorse any item payable to you or your
order for deposit to this account or any other transaction with us. You
agree that, as to any item that we have no opportunity to examine the
signatures, such as an electronic check conversion transaction where a check
or similar item is converted into an electronic fund transfer as defined in
the Electronic Fund Transfers regulation, you waive any requirement of
multiple signatures for withdrawal. We may charge your account for a check
even though payment was made before the date of the check, unless we have
received written notice of the postdating in time to have a reasonable
opportunity to act. We may refuse any withdrawal or transfer request which
you attempt on forms not approved by us, by any method we do not
specifically permit, which is greater in number than the frequency
permitted, or which is for an amount greater or less than any withdrawal
limitations. Even if we honor a nonconforming request, we may treat
continued abuse of the stated limitations (if any) as your act of closing
the account. We will use the date the transaction is completed by us (as
opposed to the date you initiate it) to apply the frequency limitations. The
fact that we may honor withdrawal requests that overdraw the available
account balance does not obligate us to do so later. You agree that we may
charge fees for overdrafts and use subsequent deposits, including direct
deposits of social security or other government benefits, to cover such
overdrafts and overdraft fees. If we are presented with an item drawn
against your account that would be a "substitute check," as defined by law,
but for an error or defect in the item introduced in the substitute check
creation process, you agree that we may pay such item. See the funds
availability policy disclosure for information about when you can withdraw
funds you deposit. For those accounts for which our funds availability
policy disclosure does not apply, you can ask us when you make a deposit
when those funds will be available for withdrawal.
We may require not less than 7 days' notice in writing before each
withdrawal from an interest-bearing account other than a time deposit, or
from any other savings account as defined by Regulation D. Withdrawals from
a time account prior to maturity or prior to any notice period may be
restricted and may be subject to penalty. See your notice of penalty for
early withdrawal.
OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION - These rules
apply to this account depending on the form of ownership and beneficiary
designation, if any, specified on the account records. We make no
representations as to the appropriateness or effect of the ownership and
beneficiary designations, except as they determine to whom we pay the
account funds.
Individual Account - is an account in the name of one person.
Joint Account - With Survivorship - You intend and agree that
regardless of whose funds are deposited in the account,
that upon your death the balance in the account will belong to the
survivor(s). If two or more of you survive, you will own the balance
in the account as joint tenants with right of survivorship. This agreement
is governed by North Carolina General Statutes § 53-146.1.
Personal Agency Accounts - Such an account allows you to name an
agent who will have authority to make withdrawals from the account by check
or otherwise and indorse checks payable to you for deposit only into the
account and otherwise make deposits. In addition, you may elect to extend
the authority of your agent so your agent may act notwithstanding your
subsequent incapacity or mental incompetence. Your agent's authority would
then end at such time as the agent receives notification from a qualified
guardian or duly appointed attorney-in-fact. If you do not extend the
authority of your agent, then your subsequent incapacity or mental
incompetence will terminate the authority of your agent. This agreement is
governed by North Carolina General Statutes § 53-146.3.
Joint Account - No Survivorship - is owned by two or more persons,
but none of you intend (merely by opening this account) to create any right
of survivorship in any other person.
Payable on Death (POD) Account - A beneficiary cannot withdraw
unless: (1) the person creating the account dies, and (2) the beneficiary is
then living. The person creating this account type reserves the right to:
(1) change beneficiaries, (2) change account types, and (3) withdraw all or
part of the account funds at any time. This agreement is governed by North
Carolina General Statutes § 53-146.2.
BUSINESS, ORGANIZATION AND ASSOCIATION ACCOUNTS - Earnings in the
form of interest, dividends, or credits will be paid only on collected
funds, unless otherwise provided by law or our policy. We may require the
governing body of the entity opening the account to give us a separate
authorization telling us who is authorized to act on its behalf. We will
honor the authorization until we actually receive written notice of a change
from the governing body of the entity.
STOP PAYMENTS - You must make any stop-payment order in the manner
required by law and we must receive it in time to give us a reasonable
opportunity to act on it before our stop-payment cutoff time. To be
effective, your stop-payment order must precisely identify the number, date
and amount of the item, and the payee.
You may stop payment on any item drawn on your account whether you sign
the item or not, if you have an equal or greater right to withdraw from this
account than the person who signed the item. A release of the stop-payment
request may be made only by the person who initiated the stop-payment order.
Our stop-payment cutoff time is one hour after the opening of the next
banking day after the banking day on which we receive the item. Additional
limitations on our obligation to stop payment are provided by law (e.g., we
paid the item in cash or we certified the item).
TELEPHONE TRANSFERS - A telephone transfer of funds from this
account to another account with us, if otherwise arranged for or permitted,
may be made by the same persons and under the same conditions generally
applicable to withdrawals made in writing. Unless a different limitation is
disclosed in writing, we restrict the number of transfers from a savings
account to another account or to third parties, to a maximum of six per
month (less the number of "preauthorized transfers" during the month). Other
account transfer restrictions may be described elsewhere.
AMENDMENTS AND TERMINATION - We may change any term of this
agreement. Rules governing changes in interest rates are provided separately
in the Truth-in-Savings disclosure or in another document. 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. Items presented for payment after the account is closed may be
dishonored. When you close your account, you are responsible for leaving
enough money in the account to cover any outstanding items to be paid from
the account. Reasonable notice depends on the circumstances, and in some
cases such as when we cannot verify your identity or we suspect fraud, it
might be reasonable for us to give you notice after the change or account
closure becomes effective. For instance, if we suspect fraudulent activity
with respect to your account, we might immediately freeze or close your
account and then give you notice. You agree to keep us informed of your
current address at all times. Notice from us to any one of you is notice to
all of you. If we have notified you of a change in any term of your account
and you continue to have your account after the effective date of the
change, you have agreed to the new term(s).
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.
RESTRICTIVE LEGENDS - We are not required to honor any restrictive
legend on checks you write unless we have agreed in writing to the
restriction. Examples of restrictive legends are "must be presented within
90 days" or "not valid for more than $1,000.00."
PAYMENT ORDER OF ITEMS - The law permits us to pay items (such as
checks or drafts) drawn on your account in any order. To assist you in
handling your account with us, we are providing you with the following
information regarding how we process the items that you write. When
processing items drawn on your account, our policy is to pay them according
to the dollar amount. We pay the smallest items first. The order in which
items are paid is important if there is not enough money in your account to
pay all of the items that are presented. Our payment policy minimizes the
number of items that may result in an overdraft or NSF fee. If an item is
presented without sufficient funds in your account to pay it, we may, at our
discretion, pay the item (creating an overdraft) or return the item (NSF).
The amounts of the overdraft and NSF fees are disclosed elsewhere. We
encourage you to make careful records and practice good account management.
This will help you to avoid writing checks or drafts without sufficient
funds and incurring the resulting fees.
CHECK PROCESSING - We may process items mechanically by relying on
the information encoded along the bottom of the items. This means that we
may not individually examine all of your items to determine if the item is
properly completed, signed and indorsed. You agree that we have not failed
to exercise ordinary care solely because we use an automated system to
process items and do not inspect all items processed in such a manner. We
reserve the right not to inspect each item because using an automated
process helps us keep costs down for you and all account holders. We may
determine the amount of available funds in your account for the purpose of
deciding whether to return an item for insufficient funds at any time
between the time we receive the item and when we
return the item or send a notice in lieu of return. We need only make one
determination, but if we choose to make a subsequent determination, the
account balance at the subsequent time will determine whether there are
insufficient available funds.
CHECK CASHING - We may charge a fee for anyone that does not have
an account with us who is cashing a check, draft or other instrument written
on your account. We may also require reasonable identification to cash such
a check, draft or other instrument. We can decide what identification is
reasonable under the circumstances and such identification may be
documentary or physical and may include collecting a thumbprint or
fingerprint.
ACH AND WIRE TRANSFERS - This agreement is subject to Article 4A
of the Uniform Commercial Code - Fund Transfers as adopted in the state in
which you have your account with us. If you originate a fund transfer for
which Fedwire is used, and you identify by name
and number a beneficiary financial institution, an intermediary financial
institution or a beneficiary, we and every receiving or beneficiary
financial institution may rely on the identifying number to make payment. We
may rely on the number even if it identifies a financial institution, person
or account other than the one named. You agree to be bound by automated
clearing house association rules. These rules provide, among other
things, that payments made to you, or originated by you,
are provisional until final settlement is made through a Federal Reserve
Bank or payment is otherwise made as provided in Article 4A-403(a) of
the Uniform Commercial Code. If we do not receive such payment, we are
entitled to a refund from you in the amount credited to your account and the
party originating such payment will not be considered to have paid the
amount so credited. If we receive a payment order to credit an account you
have with us by wire or ACH, we are not required to give you any notice of
the payment order or credit.
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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 (such as U.S. Treasury (Social
Security check)) to be accepted into your checking or savings
account(s).
-
Preauthorized
payments.
You may make
arrangements to pay certain recurring bills from your checking or
savings account(s).
-
Electronic
check conversion.
You may
authorize a merchant or other payee to make a one-time electronic
payment from your checking account using information from your check to
pay for purchases or pay bills.
-
Electronic
returned check charge.
You may
authorize a merchant or other payee to initiate an electronic funds
transfer to collect a charge in the event a check is returned for
insufficient funds.
Telephone Transfers - types of transfers and charges - You may
access your account 24 hours a day by calling 1-919-963-6257 (or call toll
free 1-877-963-6257 if calling from outside Johnston County) and using your
account numbers, and your personal identification number (PIN), to:
-
transfer funds
from checking to checking
-
transfer funds
from checking to savings
-
transfer funds
from savings to checking
-
there is a
charge of $3.00 per transaction over six per quarter
-
transfer funds
from savings to savings
-
there is a
charge of $3.00 per transaction over six per quarter
-
transfer funds
from savings to any transaction account
-
there is a
charge of $3.00 per transaction over six per quarter
-
transfer funds
from line of credit to checking
-
transfer funds
from line of credit to savings
-
make payments
from checking to loan accounts with us
-
make payments
from savings to loan accounts with us
-
get information
about:
-
the account
balance of checking accounts
-
the account
balance of savings accounts
ATM Transactions - types of transactions and dollar limitations -
You may access your account(s) by ATM using your ATM card and personal
identification number (PIN) or VISA® CHECK CARD and personal identification
number, to:
-
get cash
withdrawals from checking account(s)
-
you may
withdraw no more than $250.00 per calendar day
-
higher
limits require bank approval
-
get cash
withdrawals from savings account(s)
-
you may
withdraw no more than $250.00 per calendar day
-
higher
limits require bank approval
-
transfer funds
from savings to checking account(s)
-
transfer funds
from checking to savings account(s)
-
get information
about:
-
the account
balance of your checking accounts
-
the account
balance of your savings accounts
Some of these services may not be available at all terminals.
Types of ATM Card Point-of-Sale Transactions - You may access your
checking account(s) to purchase goods (in person), pay for services (in
person), and get cash from a merchant, if the merchant permits, or from a
participating financial institution.
Types of VISA® CHECK CARD Point-of-Sale Transactions - You may
access your checking account(s) to purchase goods (in person or by phone),
pay for services (in person 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 $1,000.00 in purchases and/or cash advances per day (calendar)
-
higher
limits require bank approval
Currency Conversion and International
Transactions. When you use your VISA® CHECK CARD at a
merchant that settles in currency other than US dollars, the charge will be
converted into the US dollar amount. The currency conversion rate used to
determine the transaction amount in US dollars is either a rate selected by
Visa from the range of rates available in wholesale currency markets for the
applicable central processing date, which rate may vary from the rate Visa
itself receives, or the government-mandated rate in effect for the
applicable central processing date. The conversion rate in effect on the
processing date may differ from the rate in effect on the transaction date
or posting date.
Visa USA charges us a .8% International Service Assessment on all
international transactions, regardless of whether there is a currency
conversion. If there is a currency conversion, the International Service
Assessment is 1% of the transaction. In either case, we pass this
international transaction fee on to you. An international transaction is a
transaction where the country of the merchant is outside the USA.
Non-Visa Debit Transaction Processing. We have enabled non-Visa
debit transaction processing. This means you may use your Visa-branded debit
card on a PIN-Debit Network* (a non-Visa network) without using a PIN.
The non-Visa debit network(s) for which such transactions are enabled
are: STAR and CIRRUS Networks.
Examples of the types of actions that you may be required to make to
initiate a Visa transaction on your Visa-branded debit card include signing
a receipt, providing a card number over the phone or via the Internet, or
swiping the card through a point-of-sale terminal.
Examples of the types of actions you may be required to make to initiate
a transaction on a PIN-Debit Network include initiating a payment directly
with the biller (possibly via telephone, Internet, or kiosk locations),
responding to a logo displayed at a payment site and choosing to direct
payment through that network, and having your identity verified using known
information derived from an existing relationship with you instead of
through use of a PIN.
The provisions of your agreement with us relating only to Visa
transactions are not applicable to non-Visa transactions. For example, the
additional limits on liability (sometimes referred to as Visa's
zero-liability program) and the streamlined error resolution procedures
offered on Visa debit card transactions are not applicable to transactions
processed on a PIN-Debit Network.
*Visa Rules generally define PIN-Debit Network as a
non-Visa debit network that typically authenticates transactions by use of a
personal identification number (PIN) but that is not generally known for
having a card program.
Internet Banking Computer Transfers - types of transfers - You may
access your account(s) by computer by internet access to
www.fouroaksbank.com and using your access ID and
passcode, 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 to loan account(s) with us
-
make payments
from checking to third parties (Bill Payment)
-
make payments
from savings to loan account(s) with us
-
get account
information
FEES
-
We do not
charge for direct deposits to any type of account.
Except as indicated under specific account types, we do not charge for
these electronic fund transfers.
PERSONAL INTERNET BANKING
Basic Service - No charge
Bill Pay, including unlimited bill payments - No charge
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 1-919-963-6257 (or call toll free 1-877-963-6257 if calling from
outside Johnston County) 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,
interest checking, and money market accounts.
You will get a monthly account statement from us for your savings
accounts, unless there are no transfers in a particular month. In any
case, you will get a statement at least quarterly.
PREAUTHORIZED PAYMENTS
-
Right to stop
payment and procedure for doing so.
If you have authorized 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 $32.00 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, or when the amount would fall outside certain limits
that you set.)
-
Liability for
failure to stop payment of preauthorized transfer.
If you order us to stop one of these payments 3 business days or more
before the transfer is scheduled, and we do not do so, we will be liable
for your losses or damages.
FINANCIAL INSTITUTION'S LIABILITY
Liability for failure to make transfers.
If we do not complete a transfer to or from your account on time or in the
correct amount according to our agreement with you, we will be liable for
your losses or damages. However, there are some exceptions. We will not be
liable, for instance:
-
If, through no
fault of ours, you do not have enough money in your account to make the
transfer.
-
If you have an
overdraft line and the transfer would go over the credit limit.
-
If the
automated teller machine where you are making the transfer does not have
enough cash.
-
If the terminal
or system was not working properly and you knew about the breakdown when
you started the transfer.
-
If
circumstances beyond our control (such as fire or flood) prevent the
transfer, despite reasonable precautions that we have taken.
-
There may be
other exceptions stated in our agreement with you.
CONFIDENTIALITY
We will disclose information to third parties about your account or the
transfers you make:
-
where it is
necessary for completing transfers; or
-
in order to
verify the existence and condition of your account for a third party,
such as a credit bureau or merchant; or
-
in order to
comply with government agency or court orders; or
-
as
explained in the separate Privacy Disclosure.
UNAUTHORIZED TRANSFERS
(a) Consumer liability. (1) Generally. Tell us AT
ONCE if you believe your card and/or code has been lost or stolen, or if you
believe that an electronic fund transfer has been made without your
permission using information from your check. Telephoning is the best way of
keeping your possible losses down. You could lose all 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. (If you believe your card
and/or code has been lost or stolen, and you tell us within 2 business days
after you learn of the loss or theft, you can lose no more than $50 ($0.0
for VISA transactions) if someone used your card and/or code without your
permission.)
• Additional Limit on Liability for VISA® CHECK CARD.
Unless you have been grossly negligent or have engaged in fraud, you will
not be liable for any unauthorized transactions using your lost or stolen
VISA® CHECK CARD. This additional limit on liability does not apply to ATM
transactions or to transactions using your Personal Identification Number
which are not processed by VISA®.
(b) Contact in event of unauthorized transfer. If you believe your
card and/or code has been lost or stolen, call or write us at the telephone
number or address listed in this brochure. You should also call the number
or write to the address listed in this brochure if you believe a transfer
has been made using the information from your check without your permission.
After normal business hours call 1-800-523-4175.
ERROR RESOLUTION NOTICE
In Case of Errors or Questions About Your
Electronic Transfers, Call or Write us at the telephone number or address
listed in this brochure, as soon as you can, if you think your statement or
receipt is wrong or if you need more information about a transfer listed on
the statement or receipt. We must hear from you no later than 60 days after
we sent the FIRST statement on which the problem or error appeared.
-
Tell us your
name and account number (if any).
-
Describe the
error or the transfer you are unsure about, and explain as clearly as
you can why you believe it is an error or why you need more information.
-
Tell us the
dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or
question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (5
business days for VISA® CHECK CARD point-of-sale transactions processed by
Visa and 20 business days if the transfer involved a new account) after we
hear from you and will correct any error promptly. If we need more time,
however, we may take up to 45 days (90 days if the transfer involved a new
account, a point-of-sale transaction, or a foreign-initiated transfer) to
investigate your complaint or question. If we decide to do this, we will
credit your account within 10 business days (5 business days for VISA® CHECK
CARD point-of-sale transactions processed by Visa and 20 business days if
the transfer involved a new account) for the amount you think is in error,
so that you will have the use of the money during the time it takes us to
complete our investigation. If we ask you to put your complaint or question
in writing and we do not receive it within 10 business days, we may not
credit your account. Your account is considered a new account for the first
30 days after the first deposit is made, unless each of you already has an
established account with us before this account is opened.
We will tell you the results within three business days after completing
our investigation. If we decide that there was no error, we will send you a
written explanation.
You may ask for copies of the documents that we used in our
investigation.
FOUR OAKS BANK & TRUST COMPANY
ATTN: ELECTRONIC BANKING DEPARTMENT
P.O. BOX 309
FOUR OAKS, NORTH CAROLINA 27524
Business Days: Monday through Friday
Phone: (919) 963-2177
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST
--------------------------
YOUR ABILITY TO WITHDRAW
FUNDS
This policy statement applies to all deposit accounts.
Our policy is to make funds from your cash and check deposits available
to you on the first business day after the day we receive your deposit.
Electronic direct deposits will be available on the day we receive the
deposit. Once the funds are available, you can withdraw them in cash and we
will use the funds to pay checks that you have written.
Please remember that even after we have made funds available to you, and
you have withdrawn the funds, you are still responsible for checks you
deposit that are returned to us unpaid and for any other problems involving
your deposit.
For determining the availability of your deposits, every day is a
business day, except Saturdays, Sundays, and federal holidays. If you make a
deposit before the close of business on any business day that we are open,
we will consider that day to be the day of your deposit and the date of
availability will be counted from that day.
If we cash a check for you that is drawn on
another bank, we may withhold the availability of a corresponding amount of
funds that are already in your account. Those funds will be available at the
time funds from the check we cashed would have been available if you had
deposited it.
If we accept for deposit a check that is drawn on another bank, we may
make funds from the deposit available for withdrawal immediately but delay
your availability to withdraw a corresponding amount of funds that you have
on deposit in another account with us. The funds in the other account would
then not be available for withdrawal until the time periods that are
described elsewhere in this disclosure for the type of check that you
deposited.
LONGER DELAYS MAY APPLY
Case-by-case delays. In some cases, we
will not make all of the funds that you deposit by check available to you on
the first business day after the day of your deposit. Depending on the type
of check that you deposit, funds may not be available until the second
business day after the day of your deposit. The first $100 of your deposits,
however, will be available on the first business day.
If we are not going to make all of the funds from your deposit available
on the first business day, we will notify you at the time you make your
deposit. We will also tell you when the funds will be available. If your
deposit is not made directly to one of our employees, or if we decide to
take this action after you have left the premises, we will mail you the
notice by the day after we receive your deposit.
If you will need the funds from a deposit right away, you should ask us
when the funds will be available.
Safeguard exceptions. In addition, funds you deposit by check may
be delayed for a longer period under the following circumstances:
We believe a check
you deposit will not be paid.
You deposit checks
totaling more than $5,000 on any one day.
You redeposit a
check that has been returned unpaid.
You have overdrawn
your account repeatedly in the last six months.
There is an
emergency, such as failure of computer or communications equipment.
We will notify you if we delay your ability to withdraw funds for any of
these reasons, and we will tell you when the funds will be available. They
will generally be available no later than the seventh business day after the
day of your deposit.
SPECIAL RULES FOR NEW ACCOUNTS
If you are a new customer, the following special rules will apply during
the first 30 days your account is open.
Funds from electronic direct deposits to your account will be available
on the day we receive the deposit. Funds from deposits of cash, wire
transfers, and the first $5,000 of a day's total deposits of cashier's,
certified, teller's, traveler's, and federal,
state and local government checks will be available on the first business
day after the day of your deposit if the deposit meets certain conditions.
For example, the checks must be payable to you (and you may have to use a
special deposit slip). The excess over $5,000 will be available on the ninth
business day after the day of your deposit. If your deposit of these checks
(other than a U.S. Treasury check) is not made in person to one of our
employees, the first $5,000 will not be available until the second business
day after the day of your deposit.
Funds from all other check deposits will be available on the 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 $100.00 to
open this account.
Minimum balance to avoid imposition of fees - A monthly
maintenance fee of $9.00 plus a per debit item fee of $.40 will be imposed
every statement cycle unless you maintain a minimum daily balance of $500.00
in a Checking account, $500.00 in a Regular Savings account, or $4,000.00
minimum balance in CDs or IRAs. This fee will not apply for full-time
students, nonprofit organizations or if you have ACH direct deposit of
Social Security, pension, VA benefits, or payroll.
FREE CHECKING ACCOUNT
Minimum balance to open the account - You must deposit $100.00 to
open this account.
STUDENT CHECKING ACCOUNT
Minimum balance to open the account - You must deposit $25.00 to
open this account.
INTEREST CHECKING ACCOUNT
Rate Information - Your interest rate and annual percentage yield
may change.
Frequency of rate changes - We may change the interest rate on
your account at any time.
Determination of rate - At our discretion, we may change the
interest rate on your account.
Compounding and crediting frequency - Interest will be compounded
every day. Interest will be credited to your account every month.
Effect of closing an account - If you close your account before
interest is credited, you will not receive the
accrued interest.
Minimum balance to open the account - You must deposit $100.00 to
open this account.
Minimum balance to avoid imposition of fees - A monthly
maintenance fee of $10.00 will be imposed every statement cycle unless you
maintain a minimum daily balance of $700.00 in an Interest Checking account
or $1,000.00 in a Regular Savings account or $5,000.00 minimum balance in
CDs.
Daily balance computation method - We use the daily balance method
to calculate the interest on your account. This method applies a daily
periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to
accrue no later than the business day we receive credit for the deposit of
noncash items (for example, checks).
Fees:
A per debit fee of $.40 will be charged for each debit transaction
(withdrawal, check paid, automatic transfer or payment out of this account).
This fee will apply unless you maintain a minimum daily balance of $700.00
in an Interest Checking account or $1,000.00 in a Regular Savings account or
$5,000.00 minimum balance in CDs.
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 day. Interest will be credited to your account every quarter.
Effect of closing an account - If you close your account before
interest is credited, you will not receive the
accrued interest.
Minimum balance to open the account - You must deposit $100.00 to
open this account.
Minimum balance to avoid imposition of fees - A quarterly
maintenance fee of $12.00 will be imposed unless you maintain a daily
balance of $300.00 for the entire quarter. This fee will be waived for
full-time students, customers under 18 years of age, nonprofit
organizations, or if you have ACH direct deposit of Social Security,
pension, VA benefits, or payroll.
Minimum balance to obtain the annual percentage yield disclosed -
You must maintain a minimum balance of $100.00 in the account each day to
obtain the disclosed annual percentage yield.
Daily balance computation method - We use the daily balance method
to calculate the interest on your account. This method applies a daily
periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to
accrue no later than the business day we receive credit for the deposit of
noncash items (for example, checks).
Transaction limitations:
Transfers from a Savings account to another account or to third parties
by preauthorized, automatic, telephone, or computer transfer or by draft,
debit card, or similar order to third parties are limited to six per month.
Fees:
A withdrawal fee of $3.00 will be charged for each withdrawal in excess
of six during a quarter.
STUDENT/YOUTH 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 day. 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 $25.00 to
open this account.
Minimum balance to obtain the annual percentage yield disclosed -
You must maintain a minimum balance of $10.00 in the account each day to
obtain the disclosed annual percentage yield.
Daily balance computation method - We use the daily balance method
to calculate the interest on your account. This method applies a daily
periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to
accrue no later than the business day we receive credit for the deposit of
noncash items (for example, checks).
Transaction limitations:
Transfers from a Student Savings account to another account or to third
parties by preauthorized, automatic, telephone, or computer transfer or by
draft, debit card, or similar order to third parties are limited to six per
month.
Fees:
A withdrawal fee of $3.00 will be charged for each withdrawal in excess
of six during a quarter.
PERSONAL MONEY MARKET 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 day. Interest will be credited to your account every month.
Effect of closing an account - If you close your account before
interest is credited, you will not receive the
accrued interest.
Minimum balance to open the account - You must deposit $1,000.00
to open this account.
Minimum balance to avoid imposition of fees - A maintenance fee of
$10.00 will be imposed every statement cycle if the balance in the account
falls below $1,000.00 any day of the month.
Daily balance computation method - We use the daily balance method
to calculate the interest on your account. This method applies a daily
periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to
accrue no later than the business day we receive credit for the deposit of
noncash items (for example, checks).
Transaction limitations:
Transfers from a Personal Money Market Savings account to another account
or to third parties by preauthorized, automatic, telephone, or computer
transfer or by check, draft, or similar order to third parties are limited
to six per monthly statement cycle.
Fees:
An excessive transaction fee of $10.00 will be charged for each
transaction in excess of the above limitations.
PERSONAL SUPER MONEY MARKET 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 day. Interest will be credited to your account every month.
Effect of closing an account - If you close your account before
interest is credited, you will not receive the
accrued interest.
Minimum balance to open the account - You must deposit $100,000.00
to open this account.
Minimum balance to avoid imposition of fees - A maintenance fee of
$25.00 will be imposed every statement cycle if the balance in the account
falls below $25,000.00 any day of the cycle.
Daily balance computation method - We use the daily balance method
to calculate the interest on your account. This method applies a daily
periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to
accrue no later than the business day we receive credit for the deposit of
noncash items (for example, checks).
Transaction limitations:
Transfers from a Personal Super Money Market Savings account to another
account or to third parties by preauthorized, automatic, telephone, or
computer transfer or by check, draft, or similar order to third parties are
limited to six per statement cycle.
Fees:
An excessive transaction fee of $10.00 will be charged for each
transaction in excess of the above limitations.
1912 CHARTER CLUB 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 day. Interest will be credited to your account every month.
Effect of closing an account - If you close your account before
interest is credited, you will not receive the
accrued interest.
Minimum balance to open the account - You must deposit $100.00 to
open this account.
Eligibility requirements on day of account opening - You must have
a $2,500.00 minimum daily balance in a Regular Savings account, or a
$5,000.00 minimum daily balance in a combination of the Club Checking
account, Savings accounts, Certificates of Deposit, IRA, Money Market
Savings and/or Super Money Market Savings accounts, or a $10,000.00 minimum
daily balance in investment accounts through Four Oaks Financial Services
division*, or a $15,000.00 minimum credit line on a Home Equity loan.
Minimum balance to avoid imposition of fees - A monthly
maintenance fee of $18.00 will be imposed every statement cycle unless you
maintain a $2,500.00 minimum daily balance in a Regular Savings account, or
a $5,000.00 minimum daily balance in a combination of the Club Checking
account, Savings accounts, Certificates of Deposit, IRA, Money Market
Savings accounts and/or Super Money Market Savings accounts, or a $10,000.00
minimum daily balance in investment accounts through Four Oaks Financial
Services division*, or a $15,000.000 minimum credit line on a Home
Equity loan.
Daily balance computation method - We use the daily balance method
to calculate the interest on your account. This method applies a daily
periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to
accrue no later than the business day we receive credit for the deposit of
noncash items (for example, checks).
Fees:
A per debit fee of $.40 will be charged for each debit transaction
(withdrawal, check paid, automatic transfer or payment out of this account).
This fee will apply if the daily balance requirements are not met during the
statement cycle.
*Please Note: Investments and Advisory Services offered through
registered representatives of Lincoln Financial Securities Corporation,
Member SIPC. Branch Office: 325 N. Judd Parkway, NE, Fuquay-Varina, NC
27526. Nondeposit investment products are not
federally (FDIC) insured, involve investment risk, may lose value, and are
not obligations of (or guaranteed by) Four Oaks Bank & Trust Company. Four
Oaks Financial Services and Four Oaks Bank & Trust are not affiliated with
Lincoln Financial Securities Corporation.
CHRISTMAS CLUB 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 day. Interest will be credited to your account annually.
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 $25.00 to
open this account.
Minimum balance to obtain the annual percentage yield disclosed -
You must maintain a minimum balance of $25.00 in the account each day to
obtain the disclosed annual percentage yield.
Daily balance computation method - We use the daily balance method
to calculate the interest on your account. This method applies a daily
periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to
accrue no later than the business day we receive credit for the deposit of
noncash items (for example, checks).
Transaction limitations:
The minimum deposit we require to this account is $5.00 weekly, $10.00
biweekly, and $20.00 monthly.
Deposits in a Christmas Club account can only
be by automatic transfer from another account you have with Four Oaks Bank &
Trust.
If any withdrawal is made from this account before the end of the Club
year then this account may be closed.
SWEEP ACCOUNT
Provides a higher return for high balance corporate
accounts that do not qualify for an Interest Checking account. See
representative for details.
COMMON FEATURES
The following fees may be assessed against your account and the
following transaction limitations, if any, apply to your account.
Account Balancing -
$25.00 per hour, $25.00 minimum
If Bank error, or
first time customer error, first hour - No Charge
Account inquiry
statement - $5.00
Cashier's check:
Customer - $5.00
Noncustomer -
$15.00
Charge Bank fee -
per item - $6.00
Check Cashing:
Customer - No
Charge
Non-deposit
customers - $5.00
Check copies (each)
- $3.00
Closed Account
(within 180 days) - $25.00
Collections
(incoming & outgoing) - $1.00 per $1,000.00
($20.00 minimum
plus external charges)
Counter checks
(first check free) - $1.00 each
Dormant Account -
Equal to applicable monthly maintenance fee
An account is
dormant if for 365 days you have made no deposits to or withdrawals from the
account.
Fax by Touch-Tone
Teller - $3.00
Fax Service - 1st
page - $1.00
Each additional
page - $.50
Foreign
Transactions - including:
·
Foreign
check collection
·
Foreign
drafts
·
Foreign
currency transactions
Customer -
Bank cost plus 50%
Noncustomer -
Bank cost plus 100%
Gift cards (VISA) -
$4.99
Interim Imaged
Statement - $5.00
Legal Fees/Levies -
$75.00
Night Deposit
Services/month - $5.00
Locking bag rental
(one time) - $15.00
Non-Sufficient
Funds - $32.00
Notary service
Customers - No
Charge
Noncustomer - $3.00
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 Fee, per
day - $7.00
Photocopies, each -
$.25
Replacement of
ATM/Debit card or PIN - $5.00
Research - $25.00
per hour, $25.00 minimum
Safe Deposit Boxes*
Size - Annual fee
3" x 5" - $35.00
3" x 10" - $55.00
5" x 10" - $75.00
10" x 10" - $120.00
Lost keys:
One key - $20.00
Two keys - $30.00
Plus drilling cost
Late payment fee
for box rent over 30 days past due - $5.00
*Note: Receive a
$5.00 discount on annual box rent if paid via automatic transfer from any
Four Oaks Bank account.
Special instruction
code - $25.00
Statement copy
(prior month) - $5.00
Stop Payment -
$32.00
Travel®Money
Card (VISA) - $9.95
Reload card - $3.95
Wire Transfers:
Customers -
Domestic
incoming - No Charge
Domestic
outgoing - $12.00
International,
incoming - Bank Cost
International,
outgoing - $20.00 (plus Bank cost)
Noncustomers -
Domestic
incoming and outgoing - $25.00
International,
incoming - $15.00 (plus Bank cost)
International,
outgoing - $40.00 (plus Bank cost)
Written deposit
verification, each - $10.00
We may require not less than 7 days' notice in writing before each
withdrawal from an interest-bearing account other than a time deposit, or
from any other savings account as defined by Regulation D. Withdrawals from
a time account prior to maturity or prior to any notice period may be
restricted and may be subject to penalty. See your notice of penalty for
early withdrawal.
--------------------------
YOUR ACCOUNT
These are the accounts you have opened or inquired about. Further
details about these accounts are inside this brochure. If the figures are
not filled in, please see the insert that is with this disclosure or your
periodic statement.
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