Electronic Funds Transfer—Preauthorized Payments
Stop Payment Procedures
If you have told us in advance to make regular payments out of your account, you can stop these payments simply by calling or writing us at the telephone number or address found below. We must receive your request at least three (3) business days before the payment is scheduled to be made, including the exact amount of the payment. Should you call, we may also require that you send us your request in writing within 14 days of the call. The charge for such stop payment orders is set forth in the Bank’s Personal Schedule of Fees, as amended from time to time.
Notice of Varying Amounts
If these regular payments can 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 will differ by more than a certain amount from the previous payment, or when the amount will fall outside certain limits that you set.
Liability for Failure to Stop Payment of Preauthorized Transfer
If you request a stop payment at least three (3) business days before a transfer is scheduled, and we do not do so, we will be liable for any damages proximately caused by our failure to honor your request.
Electronic Funds Transfer—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 any losses or damages proximately caused. There are, however, some exceptions. We will not be liable, for instance:
- If, through no fault of our own, you do not have enough money in your account to make the transfer, or the account has been closed.
- If the transfer would exceed the credit limit on your overdraft line of credit.
- You have not properly followed the instructions on how to make a transfer that are contained in this agreement or in the User’s Guide.
- Your computer or phone lines, or our computer systems were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you started the transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite our reasonable precautions.
- If we have placed a hold on funds in your account in accordance with your knowledge or reasonable business procedures.
- If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
- If a court order (such as a garnishment or other legal process) prevents us from making a transfer.
- If we have a reasonable basis for believing that unauthorized use of your PIN or designated account has occurred or may be occurring, or if you default under this agreement with us, or if we or you terminate this agreement.
Electronic Funds Transfer—Confidentiality
We will disclose information to third parties about your account or the transfers you make:
- Where it is necessary for verifying or completing payments or transfers, or resolving a problem related to a payment or transfer; or
- In order to verify the existence and condition of your account for a third party, such as credit bureau or merchant; or
- In order to comply with government agency or court orders;
If you give us written permission; or
- As otherwise permitted in our deposit agreement, by law, or as required by government regulations.
Electronic Funds Transfer—Unauthorized Transfers
Tell us AT ONCE if you believe your PIN has become known to an unauthorized person, or if an unauthorized transaction has occurred or may occur involving your accounts. Calling us is the best way to limit your possible losses. If you report that an unauthorized transfer or payment may have occurred, we may require you to sign an affidavit. If you tell us within two (2) business days that your PIN has become known by an unauthorized person, or that an unauthorized transaction has occurred, you can lose no more than $50. If you do NOT notify us within two (2) business days, and we can prove that we could have prevented the unauthorized use or transaction had you done so, you could lose as much as $500.
Also, if your periodic statement shows transfers that you did not make, tell us at once. We may require that you provide your report in the form of an affidavit. If you do NOT notify us within 60 days of receiving the statement, and we can prove that we could have prevented further losses had you done so, you may not get back any money you lost after the 60 days. If a good reason (such as a long trip or hospital stay) kept you from notifying us, we will extend the time periods.
Address and Telephone Number for Notification of Unauthorized Use
If you believe that your PIN has become known by an unauthorized person, or that someone has transferred money or made payments without your permission, contact us at:
Telephone: 336-626-8301 or 800-873-1172 (toll free)
CommunityOne Bank, N.A.
Attn: Security Officer
101 Sunset Avenue
P. O. Box 1328
Asheboro, NC 27204-1328
Electronic Funds Transfer—Error Resolution Notice
In Case of Errors or Questions About Your Electronic Transfers
If you think your statement or receipt is wrong, or if you need more information about a transfer listed on your statement or receipt, call or write to us at the telephone number or address listed above. We must hear from you no later than 60 days from when we send the FIRST statement on which the problem or error appears.
- Provide your name, address, account number, and daytime telephone number.
- If you’re calling about an unauthorized transfer, provide any information you have that may help in preventing a loss or further losses.
- If you’re calling about an error, provide a description and dollar amount of the error or the transfer you are unsure about. Explain as clearly as you can why you believe it is an error or why you need more information.
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 (20 business days if the transfer involved a new account) from the time 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 or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error. This will enable you to access the funds in question during our investigation. If we ask you to put your complaint or question in writing and 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 (3) business days after completing our investigation. If we decide 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.
You agree that the Bank may respond to you by electronic mail with regard to any claim of unauthorized electronic fund transfer related to the Online Banking service. Any such electronic mail sent to you by the Bank shall be considered as if it were received within three days of the date sent by the Bank, regardless of whether or not you sign-on to the service within that time frame.
Non-Visa® Debit PIN-less Transactions
Visa® USA has amended its operating rules to provide additional payment choices to merchants permitting non-Visa PIN-less debit transactions outside the online bill payment space.
The following networks support PIN-less payment options as part of their standard transaction support:
CommunityOne is a participant in networks which allow these transactions and as such has enabled non-Visa debit transaction processing. These transactions are not required to be authenticated by a PIN and are not processed using the Visa network. Therefore, these transactions are not covered under Visa’s Zero Liability Program.
Examples of PIN-less transactions that are supported by the PIN Debit Networks are:
- Bill Payments
- Recurring Bill Payments
- Account Authentication Debits
- Account Funding Transactions
- Account-to-Account Transfers
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