Agreements & Disclosures
4.0 MISCELLANEOUS
4.1 Periodic Statements.
Your Union@Home payments and transfers will be indicated on monthly statements we provide or make accessible by mail or delivery service. You have a right under federal law to receive such statements for accounts governed by the EFTA and Reg. E. We may also provide or make accessible to you statement information electronically or by some other means. You agree to notify us promptly if you change your address or if you believe there are errors or unauthorized transactions in any statement, or statement information.
4.2 Business Days and Hours of Operation.
Union@Home is generally available twenty-four (24) hours a day, seven (7) days a week. However, at certain times, some or all of Union@Home may not be available due to system maintenance. During these times, you may use a Bank ATM or a branch to conduct your transactions. A transfer initiated through Union@Home before 6:00 p.m. (Central Standard Time) on a Business Day is generally posted to your account the same day. All transfers through Union@Home before 6:00 p.m. (Central Standard Time) on a Business Day or on a Saturday, Sunday, and federal banking holidays are not included.
4.3 Notices and Communications.
Except as otherwise provided in this agreement, all notices required to be sent to you will be effective when we mail or deliver then to the last known address that we have for you in our records. Notices from you will be effective when received by mail at the address specified in Section 2.8 above.
4.4 E-mail Communications.
Electronic messages sent and received via the “Contact Us” option (i.e., once your Access Code has been accepted by the Bank and your browser shows that a secure connection has been established) and secure.
In general, communications sent over the public Internet are not necessarily secure. Therefore, we will not send we strongly suggest that you do not send, any confidential account information unless using the electronic communication option provided through the “Contact Us” option. We will not respond to account information related questions sent via Internet e-mail. You agree that we may take a reasonable time to act on any e-mail.
Correspondence that requires expeditious handling for example, if you need to report an unauthorized transaction from one of your accounts, should be made by calling the bank at (479) 394-2211.
Unless you have instructed us otherwise, you agree that we may send you electronic messages about products or services we offer.
4.5 Assignment.
The bank may assign its rights and delegate its duties under this Agreement to a company affiliated with the Bank or to any other party.
4.6 No Waiver.
The bank shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising its right or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
4.7 Captions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning of construction of any or the provisions of this Agreement.
4.8 Governing Law.
Regardless or where you live or work or where you access Union@Home, this Agreement will be governed by, and construed in accordance with, the laws of the State of Arkansas and the federal laws of the United States of America. (The law governing any deposit account subject to this Agreement will be that of the state in which the deposit account is located.)
4.9 Enforcement.
In the event either party brings legal action to enforce the Agreement or collect overdrawn funds on accounts accessed under the Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. It there is a lawsuit, you agree that it may be filed and heard in the State of Arkansas, if allowed by applicable law.
4.10 Severability.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intent of the Agreement, and the remaining portions shall remain in full force and effect.
5.0 FUNDS TRANSFER SERVICE FOR ACCOUNTS SUBJECT TO THE ELECTRONIC FUNDS TRANSFER ACT
Some of the accounts to which you have household access through Union@Home may be governed by the EFTA and Reg. E. In general, the EFTA and Reg. E. govern accounts established by a natural person primarily for personal, family or household purposes. The following terms and disclosures apply to accounts governed by the EFTA and Reg E (“EFTA accounts”), and, with respect to EFTA Accounts, if there is any conflict between these disclosures and terms set forth elsewhere in this Agreement, these disclosures shall control. These disclosures do not apply to accounts that are not EFTA Accounts.
5.1 Customer Liability.
You should notify the Bank immediately if you believe any of your accounts have been accessed or your Access Code has been used without your permission. Contacting the bank immediately, especially by telephone, will help you reduce your potential losses.
If someone used your Access Code without your permission, you can lose no more than $50.00 if you notify the Bank within two (2) business days of discovering any unauthorized use of your Access Device. However, you can lose as much as $500.00 if you do not notify the Bank within two (2) Business days of discovering the unauthorized use and the Bank can prove that it could have prevented the unauthorized use had it been notified.
If you do not report unauthorized transactions that appear on any of your periodic statements within sixty (60) days after such statements are mailed to you, you risk unlimited losses on transactions made after the sixty (60) day period has passed if the Bank can show that it could have prevented the unauthorized use had it been notified within this sixty (60) day period. At the Bank’s sole discretion, we may extend the time periods.
You are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize to be made. If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any other deposit accounts(s) you have with us to the extent permissible by the applicable law and the terms of any other relevant agreements.
5.2 Preauthorized Transfers.
A preauthorized electronic fund transfer (PEFT) is an electronic fund transfer that is authorized in advance and is scheduled to recur on a periodic basis.
If a PEFT to your account is scheduled to occur at least once every sixty (60) days, you are entitled to notice of the transfer from us within two business days after it occurs, or notice that it did not occur within two (2) business days after the scheduled transfer date, or we are required to provide a readily available telephone line you may call to determine whether the transfer occurred. We need not comply with the foregoing requirements, however, if the payor notifies you that the transfer has been initiated.
If a PEFT from your account will vary in amount from the previous transfer under the same authorization, you have the right to receive from the payee or from us written notice of the amount and date of the transfer at least ten (10) days before the scheduled date of transfer.
Under the EFTA and Reg E you have a certain stop payment rights and obligations for PEFT’s. You can stop a PEFT by calling or writing to us at least three (3) business days before the payment is scheduled to be made. If you stop payment by telephone, we may also require you to send us your request in writing within fourteen (14) days after you call.
