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PO Box 2270
High Point, NC 27261
p 336.881.3400
f 336.881.3310

 
 
 

HIGH POINT BANK AND TRUST COMPANY CHECK CARD AND ATM CARD AGREEMENT

Please read and print for your records. At the bottom of the page click I Accept to proceed to the CheckCard and ATM card application or I Do Not Accept to go back to the home page.

This agreement governs the use of your High Point Bank and Trust Co. CheckCard, Insignia CheckCard, or ATM Card (herein after "Card"). By using your Card or authorizing the use of your Card (and any subsequent Card issued to renew or replace a previously issued Card) you agree to be bound by all of the following terms and conditions. For purposes of this agreement, the words "we" and "our" mean High Point Bank and Trust Co. and the words "you and your" mean the accountholder(s), Card holder(s) and anyone authorized to use the Card.

1. Account Rules - Your Card is simply an extension of your High Point Bank and Trust Co. accounts. Therefore, it is governed by the terms, conditions and disclosures set out in your Deposit Account Brochure, including disclosures for Electronic Funds Transfer Services.

2. Services Available - You may use your Card and PIN (your individual 4-digit security code) through any of the ATMs we own or operate to:

a) Withdraw cash from your checking, statement savings or money market account;
b) Make deposits to your checking, statement savings or money market account;
c) Transfer funds between your checking, statement savings or money market accounts;
d) Inquire as to the balance in your checking, money market or statement savings account

You may use your Card and PIN at an ATM we do not own or operate but which is a part of any network in which we participate (such as STAR or CIRRUS to withdraw cash from and make a balance inquiry about your primary account.

CheckCard holders may also use your CheckCard and PIN (if required) to access your primary checking account to purchase goods and services (in person or by phone) at any business displaying the STAR or CIRRUS logos that have agreed to accept debit cards and at any business displaying the VISA logo. These transactions are called Point of Sale ("POS") transactions. ATM cards may not be used for Point of Sale transactions.

3. Point of Sale (POS) Provisions: CheckCard and Insignia CheckCard Only - When you use your card as a debit card to pay for goods and services, the following provisions apply.

a) Such use (whether you signed a sales authorization or not) will constitute a simultaneous withdrawal from your checking account, even though the transaction may not actually be posted to your account until a later date. Transactions will be posted in the order and with the same legal effect as checks or drafts drawn on your account.
b) The merchant may be required to obtain an authorization from us for any transaction over a certain dollar amount. The available balance in your checking account will be reduced by the amount of any transaction for which the merchant has received authorization from us, even if the documentation evidencing the transaction has not yet been received and processed by us. You agree to release us from liability based upon failure to authorize subsequent transfers and/or failure to pay other items drawn on your checking account because the processing of a previously authorized transaction may not be completed.

4. Charges: There is a charge of $1.00 for each transaction at an ATM that we do not own or operate. This charge is waived for Insignia Account Holders. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used. You may be charged a fee for a balance inquiry even if you do not complete a fund transfer.

5. Transaction Limitations - If the necessary funds are in your account, you may withdraw up to $500.00 per day from an ATM or $500 ($2500, if you are an Insignia Accountholder) per day at a POS terminal. For security reasons, we may impose additional limits on the number and dollar amount of transactions you can perform using your Card. For savings and money market accounts, federal regulations limit third party or pre-authorized transfers to six per statement cycle, no more than three of which can be third- party checks. Loan payments to us are not included in these limits. You agree not to use your Card to withdraw more than the above-stated limits. You also agree not to use your Card for a transaction that would cause the balance in your account(s) to go below zero. We will not be required to complete any such transaction, but, if we do so, you agree to pay us the excess amount, which was improperly withdrawn or transferred.

6. Business Days - For purposes of this agreement, our business days are Monday through Friday, Holidays are not included.

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

a) Where it is necessary for completing transfers;
b) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
c) In order to comply with government agency or court orders,
d) If you give us your written permission.

8. Change of Terms and/or Termination of Agreement - We have the right to change the terms of this agreement from time to time. We will notify you 21 days in advance of the effective date of the change if the change will cause you greater costs or will limit your services. We do not have to notify you in advance, however, if the change is necessary to maintain or restore the security of the terminals or your accounts. You can end this agreement at any time by notifying us in writing and no longer using your Card or PIN. We can also terminate this agreement at any time. Whether you end this agreement or we do, the termination will not affect your obligations under this agreement, even if we allow transactions to be completed with your Card or PIN after this agreement has been terminated.

9. Notices, Attorney Fees: All notices from us will be effective when we have mailed them or delivered them to the last address that we have for you in our records. Generally notices from you will be effective once we receive them at High Point Bank and Trust Co., EFT Services, PO Box 2270, High Point, NC 27261 but notices of unauthorized transfers will be effective once you have done whatever is necessary to give us the information needed - such as telephoning or mailing a notice to us. If we ever have to file lawsuit to collect what you owe us, you will be responsible for our reasonable expenses of collection, including attorney's fees.

10. Foreign Transactions - If you incur a charge in a foreign currency, the charge will be converted into a US dollar amount using the procedures in the operating regulations in effect at the time the transaction is processed. Because of fluctuations in the foreign exchange rates, the conversion rate may differ from the rate in effect on the transaction or posting date.

11. Documentation - You can get a receipt at the time you make any transfer to or from your account using one of our ATMs or POS terminals. You will get a monthly account statement for your checking or money market accounts. You will get a monthly statement from us for your statement savings account, unless there are no transfers in a particular month. In any case, you will get a statement savings account statement every quarter.

12. Stop Payments - You do not have the right to stop payment on any transaction you perform at an ATM or any POS transaction. We are not liable for any claims by you against the merchant arising from your use of the Card for a POS transaction.

13. 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.

a) If, through no fault of ours, you do not have enough money in your account to make the transfer;
b) If the transfer would go over the credit limit on your overdraft line;
c) If the ATM where you are making the transfer does not have enough cash;
d) If the terminal or system was not working properly and you knew about the breakdown when you started the transfer;
e) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken;
f) If there is a hold on your account or if access to your account is blocked in accordance with our policies;
g) If your funds are subject to legal process or encumbrances restricting transfer;
h) If a merchant refuses to accept your card;
i) There may be other exceptions in our agreement with you.

14. Liability for Unauthorized Transfers - Tell us AT ONCE if you believe your Card and/or PIN 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 business days, you can lose no more than $50 ($0, if a POS transaction) if someone used your card and/or PIN without your permission. If you do not tell us within two business days after you learn of the loss or theft of your Card and/or PIN and we can prove we could have stopped someone from using your Card and/or PIN without your permission if you had told us, you could lose as much as $500 ($0 if a POS transaction and you were not grossly negligent or fraudulent in tile handling of your account or Card).

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 a hospital stay) kept you from telling us, we will extend tile time periods. Remember, it is important to maintain the confidentiality of your PIN. By doing so, you help prevent the possibility of unauthorized use of your card. Never write your PIN on your card or keep it in a location close to your Card.

15. Contact in the Event of Unauthorized Transfer - If you believe your Card and/or PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call us at: 1-336-881-3300 or write High Point Bank and Trust Co., EFT Department, PO Box 2270, High Point, NC 27261.

16. Error Resolution - In Case of Errors or Questions about Your Electronic Transfers: Telephone us at 1-336-881-3300 or write High Point Bank and Trust Co., EFT Department, PO Box 2270, High Point, NC 27261 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 60 days after we sent the FIRST statement on which the problem or error appeared. When you notify us:

a) Tell us your name and account number (if any).
b) 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.
c) 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 determine whether an error occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we 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 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 credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three 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.

 

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