Electronic Fund Transfers and Automated Teller Cards
Agreement and Disclosure
Fidelity State Bank & Trust Co.
510 Second Avenue
P. O. Box 1120
Dodge City, Kansas 67801

Depositor ("you" or "your") has requested that Bank ("we" or "us") permit you to access an electronic funds transfer and (if applicable) that Bank issue you an automated teller card ("ATM Card") to transact on your account. By requesting, receiving, signing, using, authorizing another to use or otherwise accepting the ATM Card (if applicable, and including any replacement or substitute ATM Card) or the electronic funds transfer system, you and any authorized signers, agree to be bound by the following rules and regulations:

1. You are responsible and liable for all authorized transactions made through the use of the ATM Card and for all authorized transactions made under any preauthorized transfer. All such transactions are subject to all applicable agreements, rules and regulations of Bank's checking accounts and savings accounts for which ATM Card use or preauthorized transfers are authorized, now or in the future, as said agreements, rules and regulations are now in effect as they hereafter be amended, modified, or adopted.

2. You authorize the Bank to charge your checking account(s) and savings account(s) for all authorized transactions resulting from the use of the ATM Card or resulting from any preauthorized transfer and you assume all responsibility and liability for such ATM Card use and preauthorized transfers.

3. Bank will assign you a "Personal Identification Number" (PIN) to enable you to be identified when using the ATM Card. The ATM Card and the number are to be used as instructed and you agree not to disclose in any manner whatsoever the Personal Identification Number (PIN) to anyone other than authorized users of the ATM Card.

4. Tell us AT ONCE if you believe your ATM Card has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within four business days after you learn of the loss or theft of your ATM Card, you can lose no more than $50.00 if someone used your ATM Card without your permission. If you do not tell us within four business days after you learn of the loss or theft of your ATM Card, and we can prove we could have stopped someone from using your ATM Card without your permission if you had told us, you could lose as much as $300.00.

Additional limits on liability for debit cards when used for POS transactions

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 card when used for POS transaction(s), if you report the loss or theft of your card within 4 business days of when you discovered the loss or theft of your card. If you do not tell us within 4 business days, your liability is the lesser of $50.00 or the amount of money, property, labor or services obtained by the unauthorized use before notification to us. Also, if your statement shows transfers that you did not make, 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 hospital stay, kept you from telling us, we may extend the time periods.

5. LOST OR STOLEN ATM OR VISA CHECK CARDS If you believe your ATM Card or VISA Check Card has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, Call: (620) 227-8586, Ext. 228, or after banking hours you may call (620) 694-6767. You may write to us at:

Customer Service Department
Fidelity State Bank & Trust Co.
510 Second Avenue
P. O. Box 1120
Dodge City, Kansas 67801

6. Our business days are Monday through Friday. Holidays are not included.

7. TRANSACTION INFORMATION You may use your ATM Card or VISA Check Card to access your account(s) by ATM at:

North Facility
1801 N. Central
Dodge City, Kansas

    You may use your ATM Card or VISA Check Card to make the following transactions:
  • Make withdrawals from your accounts (checking or savings)
  • Transfer funds between your accounts (checking or savings)
  • Check balances in your accounts (checking or savings)
  • Deposit funds to your accounts (checking or savings)

You may access your checking or savings account(s) through the use of your VISA Check Card through Point of Sale (POS) transactions to purchase goods or pay for services, in person or by phone.

8. ADDITIONAL TERMS AND CONDITIONS

  • You may withdraw up to $210.00 per day (but not more than the amount of funds available in the account for cash withdrawal) from an ATM that accepts your ATM or VISA Check Card.
  • You may arrange with others in writing for preauthorized transfers, to or from your checking or savings account(s). For example, you may arrange with others for direct deposit into your account of payroll, Social Security, or pension benefit checks, or for the automatic payment from your account of utility bills, insurance premiums, or mortgage payments.

9. You will be charged for each transfer/transaction as disclosed in the Schedule of Fees and Charges.

10. You can get a receipt at the time you make any transfers to or from your account using an ATM that accepts your ATM Card. If you have arranged with others 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 the telephone number in paragraph 5 to find out whether or not the deposit has been made. You will get a monthly account statement if you have a checking account. If you have a savings account you will get a savings account statement at least quarterly. These statements will show electronic funds transfer to or from your account(s).

11. If you have authorized regular payments to be made out of your account(s), you can stop any of these payments. Here's how:

  • Contact us at the number or address in Paragraph 5, 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 for each stop payment you order, as disclosed in the Schedule of Fees and Charges. If these regular payments 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. 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.

12. We will disclose information to third parties about your account or the transfers you make: 1) Where necessary in 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 your written permission.

13. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS

Telephone or write us at the number or address in Paragraph 5 as soon as you can, if you think your statement or receipts are 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 of, and explain to as clearly as you can, why you believe it is in 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 tell you the results of our investigation within 10 business days after we hear from you (5 business days if the transfer involved a point-of-sale transaction and 20 business days if the transfer involved a new account - an account is considered a new account for 30 days after the first deposit is made, if you are a new customer to the bank) 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 point-of-sale transaction or was initiated outside the USA and Puerto Rico) to investigate your complaint or question. If we decide to do this, we will re-credit your account within 10 business days for the amount you think is in error, so that you 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 re-credit your account. If we decided that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the document that we used in our investigation.

14. THE BANK'S 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 (ATM) where you are making the transfer does not have enough cash.
  • If the terminal or system was not working properly and you know 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.
  • If the money in your account is subject to legal process or other encumbrances restricting the transfer.
  • If incomplete or inaccurate information is forwarded by the United States Treasury or through an Automated Clearing House (ACH).
  • There may be other exceptions stated in our agreement with you.

15. Payments and transfers made through the use of your ATM Card, or VISA Check Card, or by a preauthorized transfer are subject to proof and verification by the Bank.

16. The ATM Card, or VISA Check Card, at all times remain the property of the Bank and upon revocation of the ATM Card or VISA Check Card you agree to surrender the Card(s) to the Bank or its agent upon demand.

17. Bank may amend, modify, or rescind these rules and regulations at any time upon its taking on or both of the following steps, except in instances listed in 1) only the procedure in 1) will be used:

1) Mailing or delivering written notice of such amendment, modification or rescission to you at least 30 days prior to the effective date of any such change if the change would result in increased fees or charges, increased liability to you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfer.

2) Posting a copy of such amendment, modification or rescission adjacent to the place assigned for the use of the automated teller machines (ATM's) or other electronic banking devices for a period of 30 days. Bank may at its option mail or deliver notice to you of any amendment, modification or rescission other than those described in 1) above but without the requirement that notice be mailed or delivered at least 21 days prior to the effective date of any such change. Any amendment, modification or rescission made in the manner described above shall be binding upon you as though expressly agreed by you. In the event that a written notice is mailed to you, it shall be mailed to your last known address as shown on Bank records. Notwithstanding the provisions of this paragraph, Bank may terminate this agreement at any time in the event that Bank terminates your account(s).

18. OTHER INFORMATION

  • Provisional Payment: Credit given by us to you with respect to an Automated Clearing House (ACH) credit entry is provisional until we received final settlement for such entry through a Federal Reserve Bank. If we do not receive such final settlement, you are hereby notified and agree that we are entitled to a refund of the amount credited to you in connection with such entry, and the party making payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you in the amount of such entry.
  • Notice of Receipt of Entry: Under the operating rules of the National Automated Clearing House Association (NACHA), which are applicable to ACH transactions involving your account, we are not required to give next day notice to you of receipt of an ACH item and we will not do so. However, we will continue to notify you of the receipt of payments in the periodic statement we provide you.
  • Choice of Law: We may accept on your behalf payments to your account which have been transmitted through one or more Automated Clearing Houses (ACH) and which are not subject to the Electronic Fund Transfer Act and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the State of New York, unless it has otherwise been specified in a separate agreement that the law of some other State shall govern. You agree that this Agreement and Disclosure shall be subject to and governed by all applicable State laws and any applicable laws of the United States.