Electronic Fund Transfers

ELECTRONIC FUND TRANSFERS

AGREEMENT & DISCLOSURE STATEMENT

Electronic Fund Transfers

The following information is provided to you concerning electronic fund transfers (EFT) to or from any of your accounts maintained with Delta Bank (Bank) for personal, family or household use. EFT service permits you or a third party acting on your behalf to deposit to or withdraw from your account without the need for a specific written instruction, such as a check or deposit slip, for each transaction. In those instances where a third person will be making deposits to or withdrawals from your account, the agreement you have with that third person will authorize the EFT activity on your account. The disclosures, which follow, will govern that activity. In addition, this agreement in conjunction with other disclosures will address online banking and bill payment.

Electronic Card Services

If you have requested or obtained a Visa Debit Card (Card) from Delta Bank (Bank), this disclosure will apply to all EFT activity occurring as a result of the use of that Card. Your signature on the application for your Card will show that you have agreed to the terms of this disclosure and agreement, which relate to the Card. Or you may agree to receipt of disclosure electronically. Each person whose name appears on the Card or account agreement for an account which has been designated as accessible through the use of the Card jointly and severally agree to use the Card and an automatic teller machine or point of sale (POS) terminal only for the purposes authorized by the Bank and in accordance with this agreement. You understand that even if your deposit account agreement otherwise requires more than one signature for authorizing withdrawals, anyone who has been given a Card and a personal identification number (PIN) has the right and ability, acting alone, to access any account linked to the Card. This applies equally to transactions authorized via online banking or the bill payment program available through the Bank’s authorized web site at http://www.deltabank.com/.

Automatic Teller Machine, Cards, POS Terminals, Online Transactions, and Bill Pay Transactions

Delta is a member of the Star™ and Cirrus™ networks. As a member of Star™ and Cirrus™, certain services are available through various automatic teller machines and POS terminals programmed to accept your Card in addition to those services available through automatic teller machines operated by Delta Bank. All of these machines are called “ATMs.”

Cards

All Cards are non-transferable and you agree that they are the property of the Bank. Your card will have emblems affixed to it designating which Networks you may access for available service.

Applicability of this Policy

Please note that the provisions of this agreement do not cover Point of Sale (POS) transactions you make or authorize through other EFT service providers unless your Card is used to initiate the transaction and the POS service provider has a direct EFT arrangement with the Bank, with the Star™ or Cirrus™ networking, or with another network of which Star™ and Cirrus™ is a member. These transactions will be governed by the agreement you have with the other EFT service provider even if those transactions affect accounts you have with the Bank.

This agreement may apply to some items processed online depending on the processing mechanism. Transactions including those processed through bill payment services may or may not be processed electronically. In instances in which the processing utilizes the banks EFT service providers as defined above, this EFT Agreement shall apply. In instances in which items are not processed in this manner, the type of processing will direct the error resolution mechanism such as when checks are being processed when the Bill Payment Service is utilized. For more information refer to the Bank’s Deposit Account Agreement and Disclosure, Online Agreement, and the Bill Paying Agreement.

Authorization for Card Transactions

You authorize the Bank to accept all ATM deposits and permit all ATM withdrawals and POS transactions initiated through the use of the Card by you or anyone you authorize to use the Card.

Authorization for Online Transactions

You authorize the bank to facilitate all online transactions initiated utilizing your name and password. Refer to Online Agreement for more information and details regarding Online Banking functions and Bill Payment services.

What You Can Do at an ATM

You can use your Card to:

Withdraw cash from a designated checking or savings account.
Make a deposit to a designated checking or savings account.
Transfer money between a designated checking account and a designated savings account.
Make a loan payment.
Inquire about your accounts balance. Please note that any balance inquiry you may make at an ATM may not reflect recent deposits, withdrawals or transfers to or from the account.

Not all of your accounts may be accessible with your Bank’s Visa Debit Card and some of the above services may not be available at all Network member locations. Deposits to, transfers between accounts, or loan payments can only be made at any ATM maintained by the Bank. All transactions are covered by our existing rules and regulations governing accounts.

Limitation on Amount of ATM Transfers

You may withdraw up to $500 from an ATM on any given day if the ATM you are using is then communicating “on line” with the Bank. Additional withdrawal restrictions may apply on holidays. Withdrawals must be in multiples of $20. Different limitations may apply at Star™ and Cirrus™ ATM’s maintained by other banks that are programmed to accept your Card or at POS terminals. Refer to the Online Agreement and Bill Paying Agreement for terms and conditions regarding online banking transactions.

ATM Transactions Subject to Verification and Collection

All transactions initiated through an ATM are subject to the Bank’s verification and receipt upon opening the ATM and Bank’s actual collection of any non-cash item. Any transaction involving an ATM other than at the office of the Bank where your account is located is subject to receipt and verification by that office. Deposits made at an ATM may not be available for withdrawal at an ATM or otherwise until verification and collection. Items may be subject to the banks Funds Availability policy.

Preauthorized Deposits or Payments

Deposits

If you have arranged for someone, such as your employer, your pension fund or the Social Security Administration, to make direct deposits to your account at least once every 60 days, you may call the Bank at 1-866-81DELTA or pull up the information online to find out whether the deposit has been made. You may also contact (209) 824-4000 for additional information. If you want to call about a deposit, please wait until at least one business day after the deposit should have been made so that the Bank will have time to update your records.

Stop Payment

If you have arranged to have regular payments to be withdrawn from your account, you can stop any of these payments. You may process a Stop Payment by any of the following methods: Calling the bank at 1-866-81DELTA, completing a stop payment online, calling the branch office where your account is located, calling (209) 824-4060 or writing the Bank at 611 North Main Street, Manteca, CA 95336 in time for the Bank to receive your request at least 3 business days or more before the payment is scheduled to be made. If you call, the Bank may also require you to put your request in writing and get it to the bank within 14 days after you call. If the Bank requires written confirmation and you fail to provide it, your stop payment request will no longer be binding upon the Bank after 14 days.

If you order the Bank to stop one of these payments 3 business days or more before the transfer is scheduled, and the Bank does not do so, the Bank may be liable to you for your losses or damages. NOTE: This procedure applies only to preauthorized electronic payments. To stop payment on checks, drafts or other items, contact the Bank for instructions. Refer to Deposit Agreement Disclosure for additional information. Refer to the Online Agreement and the Bill Paying Agreement/Terms & Conditions for more information regarding stop payments on items initiated via Internet Banking or Bill Pay Services.

Electronic Services

Electronic Funds Transfer Documentation

Written information concerning each EFT transaction and online transactions which will include the date, amount and location of the activity, will be included with your monthly account statement.

Documentation of Transaction

You will receive a receipt at the time you make a transaction at an ATM. You should retain the receipt so that you can compare it with your account statement.

In addition, if regular payments from your account 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 payment would fall outside certain limits you set.)

Online Banking transactions are available for you to review on a daily basis. It is important for you to review activity on your account frequently to ensure accuracy and assist in fraud prevention.

Business Days

The Bank’s business days are Monday through Friday. Holidays are not included. However, the Bank’s ATMs and DNB Online Banking Service are generally open every day.

In Case of Errors or Questions About Your Electronic Transactions

Telephone your branch of account or call the bank at (209) 824-4060 or write the Bank at 611 North Main Street, Manteca, CA 95336 IMMEDIATELY, if you think your statement is wrong or if you need more information about a transfer listed on the statement. The Bank must hear from you no later than 60 days after the bank sent the FIRST statement on which the problem or error appeared.

1) Tell the Bank your name and account number.

2) Describe the error or transfer you are unsure about and explain as clearly as you can, why you believe it is an error or why you need more information.

3) Tell the Bank the dollar amount of the suspected error.

If you tell the Bank verbally, the Bank may require that you send your complaint or question in writing within 10 business days.

In regard to Online transactions, DO NOT E-MAIL the bank your account number or any other personal information. The bank will never ask for your personal information via E-mail.

The Bank will tell you the results of its investigation within 10 business days (5 business days if involving a Visa* point-of-sale transaction processed by Visa or 20 business days if the transfer involved a new account) after the Bank hears from you and will correct any error promptly. If we need more time however, we may take up to 45 days to investigate your complaint or question. If the Bank decides to do this, the Bank will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that it takes the Bank to complete its investigation. If the electronic funds transfer occurred within 30 days after the first deposit to a new account was made, the bank will credit your account within 20 days rather than 10 days. If the Bank asks you to put your complaint or question in writing and the Bank does not receive it within 10 business days, we may not credit your account. If the transfer under investigation resulted from a point-of-sale debit card transaction, a transfer initiated outside of the United States, or an electronic transaction occurring within 30 days after the first deposit to a new account was made, the time period for investigation is extended from 45 calendar days to 90 calendar days.

If the Bank decides that there was no error, the Bank will send you a written explanation within three business days after the Bank finishes its investigation. You may ask for copies of the documents that the Bank used in our investigation.

Your Liability For Unauthorized EFT Transfers

Tell the Bank AT ONCE if you believe your Card has been lost or stolen or your account has had possible unauthorized online activity. 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 have one). Regarding certain EFT processed items, If you tell the Bank within 2 business days, you can lose no more than $50 if someone used your Card without your permission.

If you do NOT tell the Bank within 2 business days after you learn of the loss or theft of your Card, and the Bank can prove it could have stopped someone from using your Card without your permission if you had told the Bank, you could lose as much as $500. Also, if your statement shows transactions that you did not make, tell the Bank 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 60 days if the Bank can prove that it could have stopped someone from taking the money if you would have told the Bank in time. If a good reason (such as a long trip or a hospital stay) kept you from telling the Bank, the Bank may extend this time period.

Address and Telephone Number

If you believe that your Card has been lost or stolen or that someone has transferred or may transfer money from your account without your permission the account must be closed immediately. Call the branch office where your account is located, or call (209) 824-4000, or write the bank at 611 North Main Street, Manteca, CA 95336. After business hours, you may report your lost or stolen Card by calling 1-800-264-5578.

The Bank’s Liability for Failure to Make Transfers

If the Bank does not complete a transfer to or from your account or in the correct amount according to the Bank’s agreement with you, the Bank may be liable for the actual losses incurred. However, there are some exceptions. The Bank will not be liable, for instance:

1) If, through no fault of the Bank, you do not have enough money in your account or available credit to complete the transaction.

2) If the Automatic Teller Machine you are using does not have enough cash.

3) If the ATM is not working properly and you knew of the breakdown when you started the transaction.

4) If the circumstances beyond the Bank’s control (such as fire or flood) prevent the transaction from being completed, despite reasonable precautions that the Bank has taken.

5) If the Bank has been enjoined by law from allowing any withdrawals from your account.

6) If there is any other exception in this or any other agreement you have with the Bank.

Service Charges

Generally, EFT transactions are subject to the same charges as are applicable to your “regular” transactions on your account, such as service charges when your account balance falls below a specified level, when an overdraft is created or a transaction is dishonored due to insufficient funds or when a deposit items is returned unpaid and when a stop payment order is placed. However, there is a special fee of .25¢ per balance inquiry and $2.00 per withdrawal at Star™ and Cirrus™ ATMs not maintained by the Bank and the operators of POS terminals may impose fees when you use your Card at a POS terminal. (If you use an automated teller machine that is not operated by us, the owner of the machine may charge you a fee.) Please refer to the Bank’s Schedule of Fees and Charges for further details.

Account Information Disclosure

The Bank will disclose information about your account or the transfers you make:

1) When it is necessary for complete 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) To facilitate Online Banking and/or Bill Payment Services

4) In order to comply with government agency or court orders, or

5) If you give the Bank written permission.

Right to Revoke Card and/or Change the Terms and Conditions of your Account

Subject to applicable law or regulation, the Bank may, at any time and without notice or cause, or in any way affecting your obligations to Bank and without liability to you, revoke your Card, and you agree to surrender the Card upon Bank’s demand. The Bank may change the terms and conditions of this disclosure by providing the disclosure electronically (if you have agreed to accept electronic disclosures) or by mailing written notice of the change to your address as it appears on the Bank’s records within the required notification period dependent on the type of change or amendment that is made. However, prior notice need not be given where an immediate change in terms or conditions is necessary to maintain the security of your account.