Disclosures

FUNDS AVAILABILITY POLICY DISCLOSURE

YOUR ABILITY TO WITHDRAW FUNDS AT THE COMMERCIAL BANK OF GRAYSON. 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. However, funds from 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/or we will use them to pay checks that you have written. 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 2:00 PM 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 2:00 PM or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

Reservation of Right to Hold. 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 fifth business day after the day of your deposit. The first $100 of your deposit, however, may be available on the first business day after the day of your deposit. 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 the 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 business day after we receive your deposit. If you need the funds from a deposit right away, you should ask us when the funds will be available.

Longer Delays May Apply. We may delay your ability to withdraw funds deposited by check into your account an additional number of days for these reasons:

  • 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.
  • We believe a check you deposit will not be paid.
  • 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 eleventh business day after the day of your deposit.

Holds On Other Funds. If we cash a check for you that is drawn on another financial institution, 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 a deposit check that is drawn on another financial institution, 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 deposit.

ATM Deposits. If you make a deposit at an ATM before 1:30 PM 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 at an ATM after 1:30 pm or on a day that we are not open, we will consider that the deposit was made on the next business day we are open.

 

ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURES

This Agreement and Disclosure is made in compliance with federal law regulating electronic funds transfer (EFT) services. Electronic funds transfers are electronically initiated transfers of money involving a deposit account at the Financial Institution.The following disclosures set forth your and our rights and responsibilities concerning the electronic funds transfers. In this Agreement, the words "your" and "your" mean those who sign as applicants or any authorized user(s). The words "we, "us" and "our mean the Financial Institution.

ATM Services. Types of Transfers: You may use the automated teller machine (ATM) card and personal identification number (PIN) issued to you to initiate transactions at ATMs of ours, ATMs within the networks identified on your card and such other facilities as we may designate from time to time. At present you may use your card to (some of these services may not be available at all ATMs):

  • Deposit funds to your checking account
  • Withdraw cash from your checking account
  • Deposit funds to your savings account
  • Withdraw cash from your savings account
  • Transfer funds between your checking and savings accounts
  • Obtain balance information on your deposit accounts
  • Make loan payments from your deposit accounts

Limitations on Frequency and Amount:

  • You may withdraw up to a maximum of $500.00 (if there are sufficient funds in your account) per day.
  • For security purposes, there are limits on the frequency and amount of transfers you may make at ATMs.

Fees and Charges for ATM Transactions:

  • There is no charge for ATM withdrawals at machines owned by us.
  • There is a $1.00 charge for each ATM withdrawal at machines we do not own.
  • There is no charge for ATM deposits at machines owned by us.
  • There is a Replacement Card Fee of $5.00 per card
  • Account inquiries at foreign ATM's are assessed a $1.00 service charge

Notice of ATM Fees by Others: If you initiate an ATM transaction from an ATM that is not operated by us, you may be charged a fee by the ATM operator and/or by any automated transfer network used to process the transaction.

 

U.S. Government Direct Deposit

Types of Preauthorized Transfers: You may arrange for us to complete the following preauthorized transfers to your deposit accounts:

  • Accept direct deposits from the U.S. Treasury Department to your checking or savings account.

Fees and Charges:

  • We do not charge for any preauthorized EFTs.

 

Visa Check Card

Types of Transactions: You may use the card and PIN issued you to pay for purchases from merchants who have agreed to accept the card at Point of Sale (POS) terminals within the networks identified on your card and such other terminals as the Bank may designate from time to time. Point of Sale (POS) transactions will be deducted from your Primary Account. Point of Sale (POS) transactions involving a refund will be credited to your Primary Account. Your Primary Account number and information may be obtained from the POS Request Form.

Limitations on Frequency and Amount:

  • You may purchase up to a maximum of $1,000.00 worth of goods and services per day, inclusive of ATM withdrawals.
  • Maximum ATM Cash transactions of $500.00 per day. Maximum daily limit is 10 transactions per day. During any interruption of an electronic funds transfer service, the dollar amount and frequency may be reduced.

Fees and Charges:

  • We do not charge for any POS transactions.

 

24-Hour TeleBanker and B@ncLink

Types of Audio and Online Services: You may access your deposit accounts by using a separate personal identification number (PIN) assigned to you and your account number in our audio response system. You may access your online accounts by using your Internet-enabled device, your Internet Service Provider (ISP), your password, and your User ID. At the present time you may use the system to:

  • Transfer funds between your deposit accounts.
  • Give you tax information on interest earned or paid on your accounts.
  • Obtain balance information on your deposit and loan accounts.
  • Verify the last date and amount of your payroll deposit.
  • Determine if a particular check has cleared your account.
  • Make loan payments from your deposit accounts.
  • View your account information online.
  • Bill Pay

Limitations on Frequency and Amount:

  • There are no limits on the number of inquiries, transfers or withdrawals you may make per day.
  • You are limited to the following dollar amount for transfers or withdrawals: Limits are established by customer when signing up for these services.

Fees and Charges for Audio and Online Transactions:

  • We do not charge for any Audio Response transactions or Online Service.
  • There is a $25 fee for each overdraft created by Bill Pay.
  • There is a $25 fee for each stop payment created by Bill Pay.

The following limitations may be applicable to your accounts, except as provided by law:

Liability for Unauthorized VISA Point of Sale Debit Card Transactions. Tell us AT ONCE if you believe you VISA point of sale debit card has been lost or stolen or of any unauthorized transactions. Your liability for unauthorized use of your debit card with the VISA logo when it is used as a VISA point of sale debit card will not exceed (A) Zero dollars ($0.00) liability if you report the loss or theft of the card within two (2) business days of discovery that your point of sale debit card was lost or stolen, or (B) Fifty dollars ($50.00) liability if you report the loss or theft or your point of sale debit card after two (2) business days of discovery that your point of sale debit card was lost or stolen. For other assertions of unauthorized VISA point of sale debit card transactions, there is a maximum of fifty dollars ($50.00) liability if you provide proper notification of unauthorized VISA point of sale debits card transactions. We may require you to provide a written statement regarding claims of unauthorized VISA point of sale debit card transactions.

These provisions limiting your liability do not apply to VISA commercial cards or VISA PLUS ATM transactions; and apply only to cards issued in the United States. With respect to unauthorized transactions, these limits may be exceeded to the extent allowed under applicable law (see Liability for Unauthorized Transfers paragraph below) only if we determine that you were grossly negligent or fraudulent in the handling of your account or point of sale debit card. The same consumer liability limits shall apply to Interlink Transactions. To notify us of lost or stolen cards, or of unauthorized transactions, call or write to us at the telephone number or address set forth below. This will help prevent unauthorized access to your account and minimize any inconvenience.

VISA is a registered trademark of Visa International.

In addition to the limitations set forth above, the following limitations may be applicable to your accounts:

Liability for Unauthorized Transfers. Tell us at once if you believe you card, ATM PIN, POS card or PIN, Audio Response PIN, or B@ncLink Access Information has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days, you can lose no more than $50.00 if someone used your card or code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card or code, and we can prove that we could have stopped someone from using your card or code without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip of a hospital stay) kept you from telling us, we will extend the time periods. If you believe that your card or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (606) 474-7811, or write us at The Commercial Bank of Grayson, P.O. 7, Grayson, KY 41143.

Business Days. For purposes of these electronic funds transfer disclosures, our business days are Monday through Saturday. Holidays are not included.

Documentation

Periodic Statement. You will get a monthly account statement from us, unless there are no transactions in a particular month. In any case you will get a statement quarterly. You will get a quarterly statement from us on your savings account if this is the only account you maintain and the only possible electronic transfer to or from the account is a preauthorized deposit.

Terminal Receipt. You can get a receipt at the time you make any transfer to or from your account using one of our ATMs or purchase at a POS terminal.

Visa Error Resolution Procedures. If notice of error involves unauthorized use of your point of sale debit card with the Visa Logo when it is used as a Visa point of sale debit card, we will provide provisional credit within (5) five business days after you notify us instead of within (10) ten or (20) business days.

We may withhold providing this accelerated provisional credit, to the extent allowed under applicable law if the circumstances or the account history warrants the delay.

Direct Deposits. If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company, you can call us at (606) 474-7811 to find out whether or not the deposit has been made.

Our Liability for Failure to Make Transfers. If we do not complete a transfer to or from your account on time or 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 the money in your account is subject to legal process or other claim restricting such transfer.
  • If the transfer would go over the credit limit on your overdraft line.
  • If the 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 transaction, despite reasonable precautions that we have taken.

In Case of Errors or Questions About Your Electronic Transfers. Telephone us at (606) 474-7811, or write us at The Commercial Bank of Grayson, Attn: Bookkeeping, P.O. Box 7, Grayson, KY 41143 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

  • Tell us your name and account number (if any)
  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the applicable time periods for the action shall be twenty (20) business days in place of (10) business days. If a notice of error involves an electronic fund transfer that was initiated in a foreign country, occurred within thirty (30) days after the first deposit to the account was made, or is a point of sale debit card transaction, the applicable time period for action shall be ninety (90) calendar days in place of forty five (45) calendar days.

Confidentiality. We will disclose information to third parties about your account or the transfers you make:

  • To complete transfers as necessary;
  • To verify the existence and condition of your account upon the request of a third party, such as a credit bureau or merchant; or
  • To comply with government agency or court orders; or · If you give us your written permission.

Personal Identification Number (PIN). The ATM PIN, POS PIN, Audio Response PIN, and Online Password issued to you is for your security purposes. The numbers are confidential and should not be disclosed to third parties or recorded on the card. You are responsible for safekeeping your PIN(s) and password. You agree not to disclose or otherwise make your ATM PIN, POS PIN, Audio Response PIN, or Online Password available to anyone not authorized to sign on your accounts.

Notices.  All notices from us will be effective when we have mailed them or delivered them to your last known address on our records. Notices from you will be effective when received by us at the telephone number of the address specified in the Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to you at least twenty one (21) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing your account and any future changes to those regulations.

Enforcement. In the event either party brings a legal actions to enforce this Agreement or collect amounts owing as a result of any Account transaction, the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees and any appeal, subject to any limits under applicable law.

Termination of ATM, POS, and Audio Response Services. You agree that we may terminate this Agreement and your use of the ATM card, POS or Audio Response services, if:

  • You or any authorized user of your ATM PIN, POS card or PIN, Audio Response PIN, or Online Password breach this or any other agreement with us;
  • We have reason to believe that there has been an unauthorized use of your ATM PIN, POS card or PIN, Audio Response PIN, or Online Password;
  • We notify you or any other party to your account that we have cancelled or will cancel this Agreement. You or any other party to your account can terminate this Agreement by notifying us in writing.

Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

Preauthorized Electronic Fund Transfers

Stop Payment Rights. If you have told us in advance to make regular electronic fund transfers out of your account(s), you can stop any of these payments. Here's how: Call us or write to us at the telephone number of address set forth above, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. We will charge you $15.00 for each stop payment order you give.

Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Other Provisions. There may be a delay between the time a deposit is made and when it will be available for withdrawal. You should review our Funds Availability Policy to determine the availability of the funds deposited at ATMs. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.

Limitations on Frequency of Transfers. Transfers from a Money Market Investment Account to another account or to third parties by preauthorized, automatic, or telephone transfer are limited to six per statement cycle with no more than three by check, draft, or similar order to third parties. Transfers from a Savings Account to another account or to third parties by telephone transfer are limited to six per month with no transfers by check, debit card or similar order to third parties.

Automated Clearing House (ACH), Point of Purchase (POP), and Accounts Receivable Check Entries (ARC). We allow electronic check transactions to post to your checking account.