Adirondack Bank

Business Debit Card Agreement Terms and Conditions

Introduction

This Business Debit Card Agreement ("Agreement") contains contract terms and other important information relating to your Adirondack Bank Business Debit Card ("Card"). These terms govern the operation of this account unless varied or supplemented in writing. This Agreement also incorporates any other terms and conditions provided separately with your account agreement as well as the terms of any disclosures you may have received. You should read this Agreement carefully and keep a copy for your records.

Applicable Law

This Agreement will be governed by the laws of New York State well as federal laws and regulations. Normal banking customs and practices also apply.

Definitions

Unless inconsistent, words and phrases used in this document shall be construed so that the singular includes the plural and the plural includes the singular. The words "we," "our," and "us" refer to the financial institution which issues the Card. The words "you" and "your" refer to the owner of the specific account for which Card transactions are permitted. The word "Cardholder" refers to any person authorized by you to use the Card.

Business Card Purpose

You and any Cardholder agree that this Card is for use by business owners and employees. The Card can be used for business purpose point-of-sale and Automated Teller Machine (ATM) transactions only. The Card may not be used for personal purposes. You acknowledge and understand that the Card shall not be treated as a consumer card under the provisions of state and federal law. You agree to provide written instructions to all Cardholders that the Card shall not be used for consumer purposes. We assume all transactions are for business purposes. We do not monitor transactions to determine their purpose.

Account Requirement, Payment Responsibility, Transferability, Enforceability

The services described in this Agreement will be available to you only as long as you maintain a business checking account with us. You are liable for the payment of Card transactions authorized by you or your agent or any Cardholder or their agent. This account may not be transferred or assigned without our written consent. If any terms of this Agreement cannot be legally enforced, it will be considered changed to the extent necessary to comply with applicable laws. If any part of this Agreement becomes unenforceable, it will not make any other part unenforceable.

How to Use the Business Card, Security Procedures

The Card allows Cardholders to directly access the business checking or savings account specified in your Card Application. We will issue Cards and codes to you at your request. Each Card will identify your business as well as the Cardholder. You agree to the following security procedures. Each Cardholder must sign their Card before it may be used. You agree to require both a Card and a code to be used together to obtain cash from a designated business checking or savings account at designated ATMs. However, you may use your Card to purchase goods or pay for services from a designated business checking account without a code. Once a Card has been issued it cannot be transferred to another person. You agree to immediately notify us when you terminate a Cardholder’s rights and to promptly return the Card to us. You agree to provide written instructions to all Cardholders about the importance of protecting the Card and code. You agree to examine your receipts and periodic statements in a timely manner. You agree that the dollar/frequency limits assigned to each Cardholder will also act as a security procedure.

Termination and Amendments.

  • We may terminate this Agreement by written notice to you.
  • You may terminate this Agreement by written notice to us.

We may make amendments to this Agreement in the same method as provided in the terms and conditions provided in your account agreement. Use of your Card after receipt of notice of an amendment constitutes your acceptance of the change.

Notices

Any notices mailed to you under this Agreement will be mailed to the address we have for you in our records. You will keep us notified of your current mailing address.

Order of Payment

Our policy is to post and pay Card transactions in the order they are received. We reserve the right to pay Card transactions before checks, drafts, and other items.

Stop Payment

Only stop-payment requests from you or the Cardholder who authorized the transaction will be honored. However, because Card transactions are often processed immediately, stopping or amending payment is difficult and we cannot ensure that any request you make will be effective. In order to be effective, we must receive your request in time to give us a reasonable opportunity to act. Your request must precisely identify the transaction by date time, location and dollar amount. Only you may release a stop-payment request.

Types of Transactions

Below are the types of transactions your Card will accommodate.

ATM Transfers

You may access your account by ATM using your Card and code to:

  • make deposits to your designated deposit account(s) at Adirondack Bank ATMs
  • get cash withdrawals from your designated deposit account(s)
  • transfer funds between designated accounts associated with your Card
  • obtain balance information regarding your designated account(s)

Some of these services may not be available at all terminals. For security reasons, there are other limits on the number of transfers you can make by ATM.

Point-of-Sale Transactions

You may access your checking account with your Card to purchase goods (in person, by phone or through the Internet) and pay for services (in person, by phone or through the Internet). For security reasons, there are other limits on the number of transfers you can make by debit card.

Maximum Limits on Transactions

We have set default limits on the dollar amount of Point of Sale and ATM transactions as well as the number of transactions that may be conducted daily. The ATM limit is $510, POS limit is $5,000. Please note that the number of ATM and POS transactions will be counted toward your monthly account transaction activity. You may request changes on a per card basis by designating these requirements on your application which will be reviewed for Bank approval upon processing.

International Use

Be sure to contact the Bank with locations and dates of international travel prior to departure to ensure card functionality.

Currency Conversion

If you make a transaction in a currency other than U.S. dollars, Visa will convert the charge or credit into a U.S. dollar amount. The currency conversion rate used to determine the transaction amount in U.S. dollars is either: (1) a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives; or (2) the government-mandated rate in effect for the applicable central processing date. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date.

Property of Issuer, Cancellation Rights

Each card is the property of Issuer and must be surrendered upon demand. Each card can be canceled by issuer and the privileges thereof revoked at any time without prior notice.

Advisory Against Illegal Use

You agree not to use your Card for illegal gambling or other illegal purposes. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the Cardholder may be located.

Fees

Please refer to the separate fee schedule for additional information on fees.

DOCUMENTATION

Terminal Transfers

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

Retain Copies for your Records

You should retain copies of all records including receipts, credit slips (for returned merchandise), and cancellation numbers (for cancelled reservations). You should also mark each transaction in your account record (after leaving the terminal). You should review your periodic statement for accuracy and compare your account record against your periodic statement to reconcile balances.

Periodic Statements

You will get a monthly statement from us for your checking and savings account that will also include a record of transactions made using your Card.

Limitations on our Liability

We will not be liable if:

  • you do not have enough money in your account to make the transfer
  • an ATM does not have sufficient cash
  • a terminal or system is not working properly
  • circumstances beyond our control (such as fire or flood) prevent the transfer
  • a merchant refuses to accept your Card
  • an ATM rejects your Card

There may be other limitations on our liability.

UNAUTHORIZED TRANSFERS

Additional Risk Associated with Use of Business Purpose Cards

You will not have the benefit of any consumer law limiting liability with respect to the unauthorized use of your Card. This means your liability for the unauthorized use of your Card could be greater than the liability in a consumer debit card transaction. You accept and agree to undertake the additional risk and greater measure of liability associated with the use of business purpose cards as described in this Agreement.

Your Liability for Unauthorized Transfers

You are liable for Card transactions you do not authorize if we can prove that we processed the transaction in good faith and in compliance with a commercially reasonable security procedure to which we both agreed, unless otherwise required by law. Tell us AT ONCE if you believe your Card and/or code 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. If your Card and/or code is lost, stolen or used without your permission, you agree to notify us immediately and to promptly confirm such notice in writing. Your liability for transactions with your Card and/or code will continue until 2 business days after the day we receive such written notice. If you do not notify us within 60 days from when the periodic statement containing an unauthorized transaction was first mailed or made available to you, we will be entitled to treat the information in the periodic statement as correct, and you will be precluded from asserting otherwise.

Contact in the Event of Unauthorized Transfer

If you believe your Card and/or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed in this brochure.

Consequential Damages

We will not be liable for any consequential or incidental damages resulting from the unauthorized use of your Card.

Error Resolution

You agree to examine your receipts and periodic statement using ordinary care and to report any errors or problems to us within a reasonable time. You agree that the time to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 60 days from when the statement containing the error or problem was first mailed or made available to you. If you do not report within 60 days, we will be entitled to treat such information as correct and you will be precluded from asserting otherwise. You further agree that if you fail to report to us within 14 days from when the statement was first mailed or made available to you that we will not be required to pay interest on any refund to which you may be entitled. We will only re-credit your account for errors or problems as required by law.

Call or write us immediately with errors or questions about your transactions at the telephone number or address listed below. If you tell us orally, we may require your complaint or question in writing within 14 business days.

If you provide us with timely notice of an error or problem in your periodic statement, we will investigate the matter and notify you of the results as soon as reasonably possible under the circumstances.

You may ask for copies of the documents that we used in our investigation.

Adirondack Bank, 185 Genesee Street,

Utica, NY 13501, 315-272-2500 or

877-404-2265 Option 1

After Hours, Holiday and Weekend Stolen Card Reporting: 1-800-554-8969.

I accept the above rules and responsabilities