The Undersigned (“I” or “We”), in consideration of the FIRST NATIONAL COMMUNITY BANK (“you” or “your”) issuing to one a FNCB ATM CARD or FNCB CHECK CARD, hereby agrees to be legally bound by the following terms and conditions.
1. Accounts and Uses of the FNCB ATM CARD and the FNCB CHECKCARD
I have the account(s) including such transaction and savings accounts(s) with you set forth on my application form enclosed with this Agreement. I hereby request that you issue to me one or more FNCB ATM CARD(S) or FNCB CHECK CARD(S) to be used in connection with such accounts as described in this Agreement. I understand I may use the FNCB ATM CARD or FNCB CHECK CARD at an ATM/FNCB CHECK CARD CENTER to (1) withdraw cash from (2) make or arrange for deposits in, (3) effect transfers to or from my accounts, or (4) receive information regarding the balance in my account(s). I understand that I may also make certain payments only at your FNCB ATM/FNCB CHECK CARD CENTER(S). I may also use Automatic Teller Machines throughout the United States which bear the PLUS SYSTEM® name and logo (“PLUS SYSTEM ATM”) to (1) make withdrawals from, (2) effect transfers to or from, or (3) receive information regarding the balance in my transaction or savings account(s) designed as the primary credit account on such application form.
I further understand I may use the FNCB ATM CARD or the FNCB CHECK CARD to purchase goods and services (“Purchase”) at any retail establishment (“Merchant”) where such Merchant accepts the FNCB ATM CARD or the FNCB CHECK CARD(S). If I use the FNCB ATM CARD or the FNCB CHECK CARD to make a purchase, I shall be requesting you to withdraw funds in the amount of such Purchase from my primary transaction account designated on my application form and directing or ordering you to pay such funds to the Merchant.
I request that you provide me such other services using a FNCB ATM CARD or FNCB CHECK CARD which you may later make available and which are offered in connection with my account(s) set forth on my application form enclosed. I also understand that from time to time I may request in writing that you provide access to additional accounts of mine through the FNCB ATM CARD or the FNCB CHECK CARD you have issued to me. I agree that the uses of the FNCB ATM CARD and FNCB CHECK CARD described in this Agreement shall be subject to the rules and regulations of each account, which is accessed by such Card.
I understand that the FNCB ATM CARD can be used everywhere an ATM or Point of Sale Terminal displays the MAC®or PLUS®network. I further understand that the FNCB CHECK CARD can be used everywhere the Visa Logo® and any ATM displaying MAC® or PLUS®.
2. Use of Personal Identification Number (“PIN”) with the FNCB ATM CARD and the FNCB CHECK CARD
I understand that the FNCB ATM/CHECK CARD CENTER or PLUS SYSTEM ATM is an Automatic Teller Machine. It can and will perform many of the same tasks as a human teller. I acknowledge that the Personal Identification Number or PIN which I use with the FNCB ATM CARD or the FNCB CHECK CARD is my signature, identifies the bearer of the card to the ATM Center or PLUS SYSTEM® ATM and authenticates and validates the directions given just as my actual signature and other proof identify me and authenticate and validate my directions to a human teller. I also understand that a Merchant which accepts the FNCB ATM CARD or the FNCB CHECK CARD for a Purchase transaction may have an electronic terminal (Merchant operated or self service) which requires the use of my PIN and when my PIN is used at a Merchant’s terminal, it will authenticate and validate my directions given to you. I acknowledge that my PIN is an identification code that is personal and confidential and that the use of the PIN with the FNCB ATM CARD or the FNCB CHECK CARD is a security method by which you are helping me to maintain the security of my account(s). Therefore I AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO ON ELSE LEARNS MY PIN
3.Liability for Unauthorized Transactions
I agree to contact you at once if I believe the FNCB ATM CARD(S) or the FNCB CHECK CARD(S) issued to me or PIN has been lost or stolen or money is missing from my account(s). I also agree that if my monthly statement show transactions which I did not make, and I do not contact you within 60 days after the statement was mailed to me, I may not get back any money lost after that time. I AGREE THAT IF I GIVE MY FNCB ATM CARD OR MY FNCB CHECK CARD(S) AND PIN TO SOMEONE ELSE TO USE, I AM AUTHORIZING THEM TO ACT ON MY BEHALF AND I WILL BE RESPONSIBLE FOR ANY USE OF THE CARD(S) BY THEM.
4. How to Contact the FNCB ATM or FNCB CHECK CARD CENTER
I should contact the FNCB ATM or FNCB CHECK CARD SERVICE CENTER immediately, if I believe my FNCB ATM CARD or my FNCB CHECK CARD or PIN has been lost or stolen or that an unauthorized transfer from my account has occurred or might occur, by phoning, and by confirming in writing to you at:
First National Community Bank5. Charges
I agree to pay the charges or transaction fees which are charged by you for these services or for services which may later be offered as such fees or charges may be imposed or change from time to time.
6. Deposits (and Payments)
I agree that when I make a deposit (or a payment) at one of your ATM/FNCB CHECK CARD CENTER(S) by a check, draft or other noncash item, you have the right to collect those funds before you make the money available to me (or credit such payment to my loan account). If I deliver cash, checks or other items to an ATM operated by another financial institution for transmission to you or deposit in my account, I agree that you have a right to collect those funds before you make the money available to me. (I acknowledge and understand that payments may only be made at an FNCB ATM or FNCB CHECK CARD CENTER owned and operated by you.)
7. Liability
If an FNCB ATM CARD or an FNCB CHECK CARD is issued for a joint account(s) we agree to be jointly and severally liable under the terms of this Agreement and the agreement for such account.
I agree that if I make deposits (or payments) to my account(s) with items other than cash and you make funds available to me from such deposits prior to their collection, I agree that you may deduct the amounts of such funds from my account(s) which are not collected or, if the funds in my account(s) are insufficient at such time, I will promptly pay to you any amount of such funds which are not collected.
8. Amendment of this Agreement
I agree that from time to time you may amend or change the terms of this Agreement including amendments or changes to add further FNCB ATM CARD or FNCB CHECK CARD services. You may do so by notifying me in writing of such amendments or changes and my use of the FNCB ATM CARD or FNCB CHECK CARD after the effective date of such amendment or change shall constitute my acceptance of and agreement to such amendment or change.
9. Ownership
I agree that the FNCB ATM CARD or FNCB CHECK CARD is your property and I will surrender it to you upon request.
10. Disclosures
I hereby acknowledge receipt of the disclosure statement informing me of my rights under the Electronic Fund Transfer Act and also acknowledge receiving a copy of this agreement.