Please Note: You must be an authorized signer on all accounts you are submitting for application. If you are already signed up for NetTeller and wish to make changes (e.g. adding additional accounts) please contact us at (260) 637-5546 or (260) 357-0494.

Please Read The Following Terms And Conditions Before Applying For NetTeller

Terms and Conditions 

“We”, “us”, and “our” means Farmers and Merchants Bank (FMB). “You” and “your” means each depositor who establishes an Internet Banking (NetTeller) Service with us, who uses or is authorized to use a NetTeller Identification Number and NetTeller Personal Identification Number (PIN), or other means of access which we establish or approve. The term “NetTeller” refers to our service that allows you to transfer funds, access accounts, obtain information, and perform other transactions over the Internet, including the optional Bill Payment service, by use of a compatible personal computer (with sufficient power and memory) and modem and/or other means which we now authorize or may allow from time to time.

This agreement states the terms and conditions that apply when you use our NetTeller Internet Banking Service. These terms and conditions are in addition to those terms and conditions that apply to any accounts you have with us or any other services you obtain from us. You are also required to follow all our instructions and procedures, including material in our Frequently Asked Questions (FAQ’s), applicable to the services covered by this agreement. This agreement shall be governed by and interpreted under Indiana and Federal law. We reserve the right to amend or terminate the NetTeller Internet Banking Service at any time.

You agree that the account security is controlled by the NetTeller Identification Number assigned by us, together with the NetTeller Personal Identification Number (PIN) chosen and entered by you. You will be requested to change your PIN the first time you enter the NetTeller Service. You can change your PIN at any time through the Account Management section of the NetTeller Service. You are responsible for all transactions that you or any authorized user makes. If you have given someone your NetTeller Identification Number and PIN and want to terminate that person’s authority, you must change your Identification Number and PIN or take additional steps to prevent further access by such person. You agree to protect the PIN and hold us harmless from unauthorized use. Any information downloaded by you to your financial or other software becomes your property and responsibility.

You agree that the provisions of joint account ownership apply to the NetTeller Service if the account(s) being accessed is jointly owned and agree that each owner authorizes the other to use the NetTeller Service.

You acknowledge that transaction limitations, as described in the Truth and Savings Disclosure you received when you opened your deposit account(s) or subsequently thereafter, apply to transfers from savings or money market accounts. Federal regulation limits transfers to six per statement cycle when initiated by telephone, electronic, or other pre-authorized means.

Business Days

Our business days are Monday through Saturday, holidays excluded.

Electronic Funds Transfer Disclosure 

This notice pertains to the Electronic Funds Transfer System (EFTS) used by the banking industry. In this system, funds maybe deposited to or withdrawn from your account by an electronic communications network, thus eliminating the need for monetary exchange via cash or checks. Electronic funds transfers are done only with your authorization. Common types of electronic funds transfers are Automatic Teller Machine (ATM), or Point-of-Sale (POS) Terminal transactions created by the use of FMB STAR®, FMB VISA® Check Card, direct payroll or Social Security deposit and direct deposit debit payments. By retaining or using an FMB issued STAR® or VISA® Check Card (from here on, FMB will be referred to as the Bank and STAR® or VISA® Check Card will be referred to as the Card), you may agree:

Your Card remains the property of the Bank and will be surrendered immediately to the Bank upon request.

· To abide by the rules and regulations of the Bank relating to the use of your Card and the performance of any EFT services

· To notify the Bank promptly, in writing, of the loss of your Card

· To be responsible for all authorized uses of your Card whether used at a full service ATM, an electronic cash dispersing machine, or a POS Terminal

· To be responsible for all unauthorized uses of your Card as disclosed in the section below entitled "Lost or Stolen Card and Customer Liability Disclosures"

· If you use your card to access an Account that is no longer available or lacks sufficient funds to complete the transaction to another Account

· The Bank may cancel your Card at any time without notice

· The Bank’s liability to you for not completing a transaction will be limited as so forth in the section below entitled “Bank Liability and Failure to Make Transfers”

· The Bank has the right to refuse a transaction on your Account when you Card has been reported lost or stolen or when the Bank reasonable believes there is unusual activity on your Account

· You cannot use your Card for a transaction that would exceed your Account balance. The Bank will not be required to complete any such transaction that would exceed the daily authorization limit attached to your Card, but if it does you agree to pay the Bank the amount of the improper withdrawal or transfer upon request

· To never allow anyone to use, borrow, or obtain your Card and PIN. By giving your Card and PIN to another person, you take responsibility of all transactions made by that person or by anyone else to whom that person gives the Card and PIN until you notify us to cancel your Card and we issue a new Card

· You agree that the use of Digital Signature Algorithm (DSA) or other code used to authenticate a pre-authorized transfer in an electronic payment system provides the same assurance as a signature in the paper based systems


Account Access 

Your may use your card to:

· Withdraw cash from your authorized checking accounts or your authorized savings accounts through STAR® or CIRRUS® ATMs

· Make deposits to your authorized checking or savings accounts through STAR® or ATMs in Indiana

· Transfer funds between your authorized checking or savings accounts upon request through a STAR® or CIRRUS® ATM

· Make payments by transfer on your FMB installment or mortgage loans through a STAR® ATM. Payments enclosed can only be performed at an FMB ATM. Make payments enclosed by envelope on your FMB installment or mortgage loans only at FMB Bank ATM(s)

· Verify your current account balance(s) through a STAR®, CIRRUS® ATM

· Pay for purchases at places that have agreed to accept the STAR® Card

NOTE: Some of these services may not be available at all terminals. In addition, a specific ATM or EFT network may not provide you with access to all of your accounts. "NOTICE REGARDING ATM FEES BY OTHERS: If you use an ATM that is not operated by us, you may be charged a fee by the operator of the machine and/or by an automated transfer network."

On Amounts and Frequency of Withdrawals and Purchases  

· Farmers & Merchants STAR® Card may be used to make various cash withdrawals up to a maximum of $200.00 each calendar day

· Farmers & Merchants STAR® Card may be used for POS transactions of purchases up to a maximum of $500.00 each calendar day

· Farmers & Merchants VISA/STAR® Card may be used to make cash withdrawals up to a maximum of $200.00 each calendar day

· Farmers & Merchants VISA/STAR® Check Card may be used for POS transactions of purchases up to a maximum of $1000.00 each calendar day

Withdrawals, deposits or purchases made on weekends or holidays are considered next business day transactions and are reflected on your statement as such. The maximum daily limit is subject to the balance of your Account at the time the transaction is requested. For security reasons, there may be other limits on the number of transfers that you can make using an ATM or POS Terminal.

Pre-authorized Transfers 

FMB is equipped to: Accept certain deposits to your authorized checking or savings account and pay certain recurring bills from your authorized checking or savings account.

Limitations of Frequency of Transfers 

Transfers from any FMB savings account, or MRD& MMMA to another account or to third parties by pre-authorized withdrawal transactions are limited by government regulations to six per month.

Lost/Stolen Cards, NetTeller ID/PIN and Customer Liability Disclosures 

If you believe your FMB Card, NetTeller ID or PIN has been stolen or that someone has transferred, or may transfer, money from your Account without your permission,

Telephone Us At

(260) 637-5546 or (260) 357-0494

Or write us at:

Farmers & Merchants Bank
P.O. Box 158
LaOtto, IN 46763

Tell us AT ONCE if you believe your Card has been lost or stolen. Telephoning is the best way of keeping your possible losses down. If you contact us within two business days after you learn of the loss or theft, you can loose no more than $50.00 if someone used your bank card without your permission. If you do NOT contact us within two business days after learning of the loss or theft, and FMB can prove that we could have stopped someone from using your Card without your permission if you had contacted us, you could lose as much as $500.00.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not contact us within 60 days after the statement was mailed to you, you may not get back any money lost after that time if FMB can prove that could have stopped someone from making transfers if you had told us in time.

If a valid reason (such as travel or hospitalization) prevents you from contacting us, we will extend the time periods.

Caution 

Knowledge of your PIN will allow access to your accounts by unauthorized persons if you card is lost or stolen, resulting in the possible losses to you as described above. Please DO NOT KEEP YOUR PIN WITH YOUR CARD! MEMORIZE IT. If necessary, keep it in a COMPLETELY SEPARATE PLACE for your protection.

Charges/Debits 

· There is no charge for usage of a STAR® ATM in the state of Indiana

· We do charge $1.25 for each withdrawal you make using a CIRRUS® ATM

· There is no charge for internal pre-authorized transfers from your checking or savings accounts

· Please be aware that other banks may impose a surcharge when you use their ATM

· There will be no charge for the first Card, the Bank may impose a replacement card fee of $5.00

· We do charge $2.00 debit for pre-authorized sweeps for Overdraft Protection (limited to 6 per statement cycle)

· The Bank will charge $30.00 for each Stop Payment Order you give us

Please refer to the "Truth in Savings Disclosure" for other possible Fees

Receipts and Statements 

Generally, you will receive a receipt at the time you make a transfer to or from your account by using an ATM or POS Terminal. At some ATM and POS locations you may have the option to request or refuse a receipt. You will also receive a monthly account statement unless there are no transfers in a particular month. In any case you will receive a statement at least quarterly.

Notice will be given regarding either the making of pre-authorized transfers of the means by which the consumer can determine whether pre-authorized transfers have been made.

Pre-authorized Credits 

Pre-authorized Credits

If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 637-5546 or 637-5556 to find out whether the deposit has been made. FMB will credit any such transfer as of the day the funds for the transfer are received. FMB is not required to provide you with next day notification of pre-authorized credits made to your account and we will not do so.

Stop Payment Orders 

If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here’s how:

Telephone us at:

(260) 637-5546 or (260) 357-0494

Or write us at:

Farmers & Merchants Bank
P.O. Box 158
LaOtto, IN 46763

Contact us 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 business days after you call. FMB charges $30.00 for each stop payment order you give. If you have correctly followed this procedure and we fail to stop payment as directed, we may be liable for your losses.

Bank Liability For Failure To Make Transfers

If FMB does 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 caused by our failure to complete the transfer; however, there are some exceptions. We will not be liable, for instance:

· If, through no fault of ours, you do not have enough money in your account to make the transfer

· If the transfer would go over the credit limit on your overdraft line

· If the ATM Network was not working properly and you knew about the breakdown when you started the transfer

· If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken

· There may be other exceptions stated in our agreement with you

ACCOUNT INFORMATION DISCLOSURE: We may disclose information to third parties about your account on the transfer you make ONLY:

· When it is necessary to complete transfers, or

· In order to verify the existence and condition of your account for the third party, such as a credit bureau or merchant, or

· In order to comply with government agency or court orders, or

· If you give us your written permission

Error Resolution Procedures

In case of errors or questions about any electronic funds transaction,

Telephone us at:

(260) 637-5546 or (260) 357-0494


Or write us at:

Farmers & Merchants Bank
P.O. Box 158
LaOtto, IN 46763

As soon as possible if you think your checking statement, savings statement, ATM transaction receipt, or POS transaction receipt is in error or if you need information about a transfer on any statement. You must contact us within 60 days after we have sent your FIRST checking or savings statement on which the error appeared. When you contact us, please provide the following:

· Tell us your name and account number.

· 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.

· 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 tell you the results of our investigation within 10 business days (5 business days for VISA® Check Card POS transactions and 20 business days if the transfer involved a new account) after we hear from you and we will correct the error promptly. If we need more time; however, we may take up to 45 days (90 days if the transfer involved a POS transaction or a foreign initiated transfer) to investigate your complaint or question. If we decide to do this, we will re-credit your account within 10 business days (5 days for VISA® Check Card POS transactions and 20 business days if the transfer involved a new account) for the amount you think is an error. This enables you to have 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 did not receive it within 10 business days, we may not re-credit your account.

If we decide that there was not an error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

Amendments 

We reserve the right to alter, amend or rescind these terms and conditions at any time hereafter as permitted by law, but effective only upon 21 days prior written notice if the change will result in increased fees or charges to you, increased liability, fewer typed of electronic fund transfer services, or stricter limitations on the frequency or dollar amounts of transfers.

Regulation E Disclosure Attachment

You may access your account(s) by using your NetTeller Identification Number and PIN to initiate transactions using your personal computer and modem. You may use the Internet NetTeller Service to:

· View account balances (including checking, savings, CDs and IRAs, and loans)

· Transfer funds between your deposit accounts

· Make a payment on your loan

· View account history

· Print an account statement

· Download transactions into your financial management software

· Pay bills (with optional Bill Payment Service)


Our NetTeller Service is generally available 24 hours a day, 7 days a week. However, we only process transactions and update information on business days.

Funds transfers are credited the same business day if your NetTeller fund transfer is completed before 3:30 p.m. If the transfer occurs after 3:30 p.m., the deposit will be credited to the account on the next business day. Transfers made on weekends or holidays will be credited the next business day.

We may assess a service charge or fee for certain EFT services. Basic NetTeller Service is free to all FMB customers. Bill Payment Services is currently free of service charge. Current charges for EFT services are found in the Charges/Debits Section of the Regulation E Disclosure.


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