Terms and Conditions
ELECTRONIC FUNDS TRANSFERS & YOUR RIGHTS AND RESPONSIBILITIES
The Electronic Funds Transfers we are capable of handling are indicated below (some of which may not apply to your account). Please read this disclosure carefully because it tells you your rights and obligations for these transactions. You should keep this notice for future reference.
Type of Transfers: Preauthorized Withdrawals. You may make arrangements to pay your monthly balance from your checking accounts or other accounts. Charges for EFT’s. Except as indicated elsewhere, we do not charge for electronic fund transfers. Stop Payment Procedures and Notice of Varying Amounts for Preauthorized Transfers; Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how: Call or write us at the telephone number or address listed in this disclosure three 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 days after you call.
Notice of Varying Amounts. If these regular payments vary in amount, you are entitled to notice at least 10 days before each payment, when it will be made and how much it will be. We prefer, however, that you choose to instead get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Our Liability for 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: (1) if, through no fault of ours, you do not have enough money in your account to make the transfer; (2) if the transfer would go over the credit limit on your overdraft line; (3) if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken; (4) there may be other exceptions stated on our agreement with you.
Disclosure of Account Information to Third Parties. We will disclose information to third parties about your account or the transfers you make under the following circumstances: (1) where it is necessary for completing transfers; (2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; (3) in order to comply with government agency or court orders; or (4) if you give us written permission.
Regulatory Authority. If you believe that any provision of the Electronic Funds Transfer Act has been violated, you should notify your state’s attorney general or the Federal Reserve Board.
Error Resolution. In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed in this disclosure, 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 contact us be sure to have the following information:
(1) Your name and account number (if any).
(2) Description of the error or 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.
(3) Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your question or complaint in writing within 10 business days. We will tell you the results of our investigation within 10 business days (20 business days if the transfer involved a point-of-sale transaction or a foreign initiated transfer) after we hear from you and will correct any error promptly. Under cetain circumstances, we may take up to 45 days (90 days if the transfer involved a point-of-sale 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 (20 business days if the transfer involved a point-of-sale transaction or a foreign initiated transfer) 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 questions in writing and we do not receive it within 10 business days, we may not re-credit your account. If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents we used in our investigation.
If you have inquiries regarding your account, please contact us at:
ABC Financial Services, LLC
8320 Highway 107
Sherwood, AR 72120
BUSINESS HOURS: 8:00 a.m. to 5:00 p.m., Monday, Tuesday, Wednesday, Thursday, Friday; Excluding Federal Holidays. Closings as announced. Error reports accepted Monday through Friday only.
PHONE: (501) 515-5000
MORE DETAILED INFORMATION IS AVAILABLE UPON REQUEST
STORED PAYMENT CREDENTIAL POLICY
By executing this Agreement, You authorize Club and Club’s agents, including its third party payment processing companies (“Club’s Agents”), to store the account or card information provided by You on or in relation to this Agreement and/or Your Club Membership Agreement (“Club Agreement”), as well as any other account or card information provided by You through any means to Club or Club’s Agents (including information provided in person, online or over the phone) for purposes of making any payment in relation to this Agreement and/or Your Club Agreement (hereinafter, “Payment Information”). Club and/or Club’s Agents will use the stored Payment Information to process payment of all dues, fees, taxes, purchases and incidental charges that are due or will become due, including all items on the Payment Schedule, fees identified in Your Club Agreement, membership-related obligations, retail transactions, personal training purchases, group exercise purchases, childcare fees, or other purchases.
Club and/or Club’s Agents may also use the stored Payment Information to process payments owed in relation to all subsequent agreements entered between You and Club. The fixed dates or intervals on which transactions will be processed and the transaction amounts (including all associated fees, taxes and charges) and/or a description of how they will be calculated, are more specifically set forth in the Payment Schedule and other terms of Your Club Agreement. If Your Club Agreement will automatically renew at the end of the Term defined therein, the stored Payment Information will be used to process payments owed in relation to the renewal term.
This consent to store Payment Information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in Your Club Agreement will apply to this consent. If any changes are made to the terms of this consent, an e-mail notifying you of such changes will be sent to the e-mail address provided by You on the face of Your Club Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided on Your Club Agreement.
