NWSB Bank, A Division of ACNB Bank (NWSB Bank) Online Banking Services
Agreement and Disclosures
Table of Contents:
I. Consent to Electronic Communications
II. Description of Agreement
III. Accessing Your Services
IV. Terms and Conditions for Online Banking Services
A. Mobile Banking Application
B. Mobile Deposit
C. Text Banking
D. eDocuments
E. Internal Funds Transfers
F. External Funds Transfers (Bank to Bank Transfers)
G. Bill Payment Service (Bill Pay)
H. eBill (Electronic Bill Presentment)
I. Person to Person Transfers and Charitable Donations
J. Alerts and Stop Payments
V. General Terms and Conditions
VI. Electronic Funds Transfer Liability (Applicable Only to Consumer Accounts)
I. Consent to Electronic Communications. Before using NWSB Bank's (?Bank,? ?we,? ?us,? or ?our?) Online Banking, Mobile Banking, and Text Banking services (the ?Services?), you must consent to receive communications, agreements, and instructions about the Services electronically, either online or via e‐mail. Your acceptance of the NWSB Bank Online Services Agreement and Disclosures (the ?Agreement?) and use of the Services constitutes your acceptance of and consent to receipt of electronic communications, and demonstrates that you are able to access information transmitted electronically. If you do not consent to receive communications and disclosures pertaining to the Services electronically, you will not be permitted to use the Services.
A. Permitted Electronic Disclosures. The types of communications you consent to receive electronically include, but are not limited to: this disclosure; the Agreement; letters, alerts, or notices regarding the Services and your accounts; and any other electronic communications the Bank may send to you relating to the Services or your accounts (collectively, the ?Communications?). This consent only applies to the delivery of electronic Communications by us to you. Some statutes, as well as the Terms and Conditions of Your Account or other contracts, may require that you provide certain notices to us in writing, and this consent has no effect on those requirements.
B. Withdrawing Your Consent. You may withdraw your consent to receive electronic Communications at any time. If you want to withdraw your consent, you may contact us by writing us at NWSB Bank, P.O. Box 3129, Gettysburg, PA 17325 attn. Electronic Services or by calling our Customer Contact Center at 844-822-6972. Your withdrawal of consent will be effective once we receive and process the request. There is no charge for withdrawing your consent, however; we may terminate your ability to access and use the Services.
C. Your Right to Paper Copies. You have the right to receive a copy of any of the Communications in paper form. Please call the Bank?s Customer Contact Center at 844-822-6972 to request a paper version. You must contact us within 60 months of the date we made the Communication available to you to obtain a paper copy. We may charge you a fee for providing a copy of a Communication.
D. Electronic Communications Will Be Considered a "Writing." All Communications from us are considered a ?writing.? You should save an electronic or paper copy of this disclosure, the Agreement, and all Communications we send to you.
E. Your Obligation to Update Your Contact Information. You agree to update your e-mail address, phone number, and other contact information so that you will continue to receive the Communications and other important information relating to your account and the Services. The Bank has no obligation to update your e-mail address, telephone number or other contact information, even if we become aware that this information has become outdated, unless you request that we do so and provide updated information. We have the right, but not the obligation, to treat your provision of an invalid email address or the repeated malfunction of a previously valid email address as a withdrawal of your consent to receive electronic Communications. Your contact information should be updated when appropriate by
? informing us in person at any of our retail offices,
? sending a secure email within Online Banking,
? contacting our Customer Contact Center at 844-822-6972, and
? writing us at NWSB Bank, P.O. Box 3129, Gettysburg, PA 17325, attn. Electronic Services.
F. Access to Your Electronic Communications. The Communications may be viewed by any individual with access to your account, your online banking credentials, or with access to the e-mail account you provide to us for delivering the Communications. In addition, you can retain the Communications by the hardware or software you use to view your account information or your e-mail account. If you do not want other individuals or your hardware or software to view or retain the Communications you receive from us, you should change your account and e-mail settings or take other steps necessary to prevent such access.
G. Hardware and Software Requirements. In order to subscribe to the Bank's Services and receive the Communications electronically, you must have a computer or mobile device with the ability to save the document to memory (including a program that reads and displays PDF files, such as Adobe Acrobat Reader), Internet access, a compatible web browser, and, if you wish to retain a physical copy of the Communications, a connected printer. Currently, accepted web browsers include the following:
Operating System Minimum Web Browser Required
Windows 7 or higher Microsoft Internet Explorer v. 11.0 or higher
Microsoft Edge v. 20.0 or higher
Mozilla Firefox v. 33.0 or higher
Google Chrome v. 237.0 or higher
Mac OS X 10.8 or higher Safari v. 9.0 or higher
Mozilla Firefox v.33.0 or higher
Google Chrome v. 37.0 or higher
By accepting and agreeing to the Agreement, and through your use of the Services, you affix your signature and consent to receive electronic communications as outlined in this disclosure. By obtaining electronic delivery of Communications, you confirm that you are authorized to do so, and consent to the same on behalf of all other account owners, authorized signers, and other agents identified with your accounts.
II. Description of Agreement
A. General Description. This Agreement is between you and ACNB Bank and governs the use of the Services. These Services permit NWSB Bank customers to perform a number of banking functions on accounts linked to the service through the use of a personal computer or a mobile device. The purpose of this Agreement is to inform you of the features, functionality, and appropriate use of the Services, as well as to set forth and explain your rights with respect to the use of the Services. The terms of this Agreement apply to both Consumer Accounts and Business Accounts, except where explicitly stated otherwise.
B. Accepting the Agreement. By clicking the ?I agree? button below, and by using the Services, you acknowledge that you have read and understand this Agreement, and you agree to be legally bound by the terms and conditions of this Agreement.
C. Relation to Other Agreements. You may be subject to other agreements and contracts entered into between you and NWSB Bank, including, but not limited to, the Terms and Conditions of Your Account, signature cards, resolutions, agreements relating to extensions of credit, and other disclosures and fee schedules. When you use the Services, you are governed by this Agreement as well as the other agreements that you already have with us for any account linked to the Services. If there is a conflict between any term or condition in this Agreement and those contained in other agreements between you and us, this Agreement will supersede those other agreements for all aspects pertaining to the Services, except that for Business Accounts, the terms and conditions of any Treasury Management Master Agreement and any related addenda and appendices will supersede and control over this Agreement to the extent there is a conflict.
D. Modifications to Agreement or Services. The Bank may amend, supplement, or change the terms of this Agreement at any time. We will notify you of any material change and provide a link to a copy of the Revised Agreement via e-mail, text message, on our Online Banking Website, or through our Mobile Banking Application. You will be prompted to accept or reject any material change to this Agreement the next time you use the Service after the Bank has made the change. Your acceptance of the revised terms and conditions along with the continued use of the Services will indicate your consent to be bound by any revised Agreement. Further, NWSB Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions of the Service. Your continued use of the Services will indicate your acceptance of any such changes.
E. Definitions. In addition to those terms defined in the body of the Agreement, the following definitions apply throughout:
1. "Access Device" means any device we support in order for you to access your account information or to conduct transactions using our Services including but not limited to your desktop computer, laptop computer, mobile phone, tablet, etc.
2. ?Agreement? means this NWSB Bank Online Banking Services Agreement and Disclosures, including any addendums or riders, as may have been amended or modified from time to time.
3. ?Automatic Payment? is a payment scheduled for a set amount at regular intervals. For example, you can schedule a payment at the first of each month to pay your mortgage or rent.
4. ?Bank,? ?we,? ?us,? or ?our? means NWSB Bank and its agents and assignees.
5. ?Biller? is the person or company from which you receive electronic bills within eBill. The Biller will also be a Payee as it pertains to the Bill Pay service.
6. ?Business Account? is any account that is not a consumer account, whether owned by an individual, sole proprietor, or other business.
7. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
8. ?Consumer Account? is any account used primarily for personal, family, or household purposes.
9. ?Due Date? is the date reflected on your Biller statement for which the payment is due; it is not the late date, nor does it include any grace period.
10. ?External Account? means an account in which you have an ownership interest that is held by a financial institution located in the United States.
11. ?External Transfers? are electronic transfers of funds between your eligible deposit accounts at the Bank and an External Account.
12. ?Internal Transfers? are electronic transfers of funds between your eligible deposit accounts at the Bank.
13. ?Mobile Banking Application? means the Bank?s application through which the Services are offered or accessed, whether accessed through a computer, tablet, or mobile device.
14. "Online Banking" means the Bank's online banking service that allows you to access transaction information on eligible accounts through either the Online Banking Website or the Mobile Application.
15. "Online Banking Website" means the online banking website through which the Services are offered or accessed, whether accessed through a computer, tablet, or mobile device.
16. "Payee" is the person or entity to which you wish to direct a payment.
17. ?Payment Account? is the Bank account from which a bill payment will be debited. You will need to designate a checking account to be the payment account at the time you schedule a payment. All of your eligible checking accounts will automatically be displayed.
18. "Payment Instruction" is the information provided by you to us for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee address, Payee telephone number or email address, Payee bank account number and routing number, payment amount, and estimated arrival date).
19. ?Scheduled Payment? is a payment that has been scheduled through the service but has not been processed.
20. ?Scheduled Payment Date? is the day you want your Biller or Payee to receive your bill payment.
21. "Service Provider" means companies that we have engaged to render some or all of the Services to you on our behalf
22. "Service" or ?Services? means the products and services outlined in this Agreement which allow you to access your information and conduct transactions through the Internet and includes, but is not limited to, the Bank?s Online Banking, Mobile Banking, and Text Banking services, including Bill Pay, eBill, Internal Transfers, External Transfers, Person to Person Payments, Gift Payments, Bank to Bank Transfers, Mobile Deposit, account alerts and notifications, and any other electronic method or service we introduce in the future.
23. "Transfer Instruction" is the information provided by you to the Service for a transfer to be made (such as, but not limited to, account number, routing number, transaction amount, and Scheduled Transfer Date).
24. ?You,? ?Your,? and ?user? refers to each and every owner, authorized signer, representative, and agent of any account that has been subscribed or enrolled in the Services by any of the foregoing.
III. Accessing the Services
A. Eligible Accounts. Generally speaking, the following accounts are available within Online Banking and are eligible for the Services unless otherwise noted: checking accounts, savings accounts, money market accounts, lines of credit, installment loans, mortgages, retirement accounts, and certificates of deposit (collectively, "Eligible Accounts"). Each type of Eligible Account may not be available or eligible for all Services. For example, while you can view savings accounts and certificates of deposit within Online Banking, they are not eligible bill payment funding accounts for Bill Payment or eBill. For more information on which accounts are eligible for a specific service, please refer to Section IV ? Online Banking Services. The Bank reserves the right to establish additional rules regarding the eligibility of certain types of accounts for Online Banking and the Services.
B. System Requirements. While each Service has its own requirements listed further in this agreement, at a minimum to use any Service you must have the following:
? An eligible deposit or loan account with the Bank
? A personal computer or other Access Device which is capable of accessing the Internet
? A valid, active account with an internet service provider or other means of accessing the internet
? One of the following computer operating system and web browser combinations
Operating System Minimum Web Browser Required
Windows 7 or higher Microsoft Internet Explorer v. 11.0 or higher
Microsoft Edge v. 20.0 or higher
Mozilla Firefox v. 33.0 or higher
Google Chrome v. 237.0 or higher
Mac OS X 10.8 or higher Safari v. 9.0 or higher
Mozilla Firefox v.33.0 or higher
Google Chrome v. 37.0 or higher
By continuing the enrollment process for the Services, you acknowledge that you meet the requirements listed above to access this information.
C. Security.
1. Security Credentials. To enroll in the Services, you must select a User ID and a Password, and may be required to establish answers to security questions in order to validate your identity. For some business accounts, you may be required to use a security token to verify your identity. A User ID is an alphanumeric code of your choice used to access the Services in conjunction with your Password. In addition to entering the User ID and Password, consumers and sole proprietorships must enter a secure access code, which is a numerical sequence that is sent to the you via another means of communication that has previously been verified, such as to your phone or email address. The secure access code must be retrieved and entered anytime the Services are accessed through a new Access Device, however, you may have the option to have the Bank recognize the device for future use, in which case we will no longer require the entry of a secure access code for that device. Security questions and answers may also be used to further verify your identity in the event you attempt to access Online Services from a computer or device that is unfamiliar to us. The User ID, Password, security questions and answers, secure access codes and tokens, collectively are referred to as the "Security Credentials." We may also require you to use other software or hardware in order for us to positively establish your identity. If you elect to turn on touch ID biometrics, any fingerprints registered on the device will be able to access your account. You can unregister anytime within the security settings of the NWSB Bank app. We encourage you to review your Touch ID settings for your mobile device before enabling this capability. We reserve the right to require you to change your Security Credentials should we suspect they have become compromised. We may change the standards defined for Security Credentials at any time to enhance the security of your online activities without advance notice to you. You acknowledge that use of your Security Credentials and any accompanying information used to establish your identity is the agreed security procedure to access the Services through any Access Device. For your protection you agree to abide by the following processes when selecting Security Credentials:
? Memorize your User ID and Password. NEVER share them with anyone and NEVER write them down.
? Do not allow your browser to save your passwords.
? Change your password regularly.
? Don?t use the same password for all your online activities. Passwords used to protect your online banking, trading and other financial activities should be unique, complex and separate from those used for email and social networking sites.
? Review account activity regularly and immediately report unauthorized activity.
? Properly log off after every session.
? Do not select security questions whose answers are easily identified through the use of social media like Facebook, LinkedIn, Twitter, etc.
2. Restricting Access to Security Credentials. Each individual requesting access to an account, including each account owner of a jointly held account or each authorized signer on an account, will select personalized Security Credentials upon completing the enrollment for Online Services. We do not permit shared access whereby one or more people use the same Security Credentials to access Online Services. By not permitting shared access, we are better able to protect your account security. Individual access enables us to identify the party who originated transactions on the account (i.e. transfers and bill payments, etc.). Accordingly, you agree to keep your Security Credentials and account number(s) confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Online Services. You agree that you will not share this information with anyone else and you agree to properly secure all Security Credentials and Access Devices. YOU AGREE THAT IF YOU GIVE YOUR SECURITY CREDENTIALS OR PASSWORD TO SOMEONE ELSE TO USE OR ALLOW THEM TO ACCESS THE SERVICE, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE SERVICE BY THEM UNTIL YOU TELL US THAT YOU HAVE REVOKED THIS AUTHORIZATION. If you disclose your Security Credentials and/or account information to others, or authorize others to access your accounts through Security Credentials issued directly to them and later want to prevent such person(s) from gaining access to your account information or conducting transactions with your accounts, you must change your Security Credentials. If you decide to close your account(s) and open a new account(s), you are solely responsible for paying all associated costs, ordering new checks, and notifying parties of the new account numbers for preauthorized payments and automatic deposits.
3. Lost or Stolen Security Credentials. If you cannot access the accounts for which you are an owner of or a signer on, or if you believe that your Security Credentials have been lost or stolen or that someone may attempt to use Online Services without your consent or has transferred money without your permission, you must notify us at once by calling our Customer Contact Center at 844-822-6972 during normal business hours. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available under your overdraft protection plan. Please note that the timeliness of your notice may impact your liability for unauthorized transfers.
4. Lost or Stolen Access Device. In the event your Access Device (including, but not limited to, your computer, mobile phone, or tablet) is lost or stolen, you agree to change your Security Credentials and promptly notify us so that we can take appropriate measures to limit access by or through the missing Access Device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised, including but not limited to, data associated with your enrollment and use of the Services.
5. Additional Security Measures. To ensure adequate protection for your transactions and personal information available through use of the Services, you agree to make reasonable attempts to take the following security measures:
? Keep your computer and mobile devices? operating system and browser current. Software developers are continually working to update their applications to combat new threats. In order to ensure your Online Banking activities remain secure, it's important to keep your operating system and browser version updated. At a minimum, you should be using one of the operating systems identified herein for your desktop or laptop computer. In addition, all updates should be made on your mobile devices.
? Install a firewall. Most current operating systems, such as Windows 7 and 8, come with one already installed. Make sure it is on and configured.
? Use anti-virus software and keep it up-to-date. Configure the system to update its definitions frequently. Allow it to scan files in real-time and schedule a full system scan weekly.
? Use anti-spyware software and keep it up to date. Often, commercially available anti-virus software also includes anti-spyware, anti-phishing and a firewall. Utilize all the tools provided with your software.
? Physically secure your Access Devices. Don?t leave Access Devices unattended in public places such as coffee shops and airports. When travelling, utilize the safe in your room. Always lock your device in your trunk instead of leaving it visible within the car.
? Protect access to your mobile devices at all times by applying a strong password to your device. Ensure it is set to automatically lock after a short period of time of not being used.
? Utilize wireless routers with the strongest encryption available and change default network names and default passwords.
? Never use public computers and ?Free Wi-Fi? or ?hot spots? to access your accounts.
? Be cautious of opening attachments or clicking links in emails. Don?t open email attachments or click hyperlinks in an email unless you are sure the sender is someone you know and trust. Even if it is someone you know, if the message seems odd, call them to validate it before taking action.
? Take note of the look and feel of the online banking pages. If additional entry options appear asking you for more than your ID and Password, contact us immediately.
D. Lockout from Service. You will be denied the use of the Services if you do not enter the correct Security Credentials. There is a limit on the number of failed logon attempts and your access to the Services will be suspended if you exceed these limits. If you become locked out of your account, you cannot self-reset your access, and instead you must call our Customer Contact Center at 844-822-6972 to verify your identity.
E. Termination of Service. The Services are a convenience we provide to our customers. You may cancel your enrollment in the Services at any time by writing us at NWSB Bank, P.O. Box 3129, Gettysburg, PA 17325 attn. Electronic Services or by calling our Customer Contact Center at 844-822-6972. Additionally, we have the right to deny access to or terminate your use of the Services at any time, without cause or notice. We may terminate the provision of Services to you if you engage in unauthorized transactions or gain unauthorized access to information concerning another individual. Any Bill Payments, P2P Payments, or Transfers already processed before the cancellation date will be completed. All Scheduled Payments scheduled after the requested cancellation date, including recurring payments, will not be processed once Online Banking is cancelled. Termination of the Services shall not affect your liability or obligations under this Agreement.
F. Interruption of Services. From time to time we may perform maintenance on equipment and/or systems which may result in interruptions to the Services. We may attempt to provide prior notice of such interruptions and changes, but we cannot guarantee that such notice will be provided by us or received by you. We are not liable for any losses, damages, or claims you may have from an interruption in or change to the Services or Online Banking regardless of whether or not you received a notice.
G. Initial Enrollment. You may enroll in the Services by accessing the Online Banking Website at https://www.nwsbbank.com/home/. Once you have enrolled in the Services, and set up your Security Credentials, you will be able to access Online Banking through the Online Banking Website. The Online Banking Website allows you to perform the Services and various banking functions from your Access Device, including the following:
? Check account balances.
? Review account transaction history.
? Perform Internal Transfers.
? Perform External Transfers (not currently available, but may be offered in the future).
? Perform Bill Payments.
? Request Stop Payments on checks.
? Arrange to receive your bills electronically.
? Establish Alerts.
? Receive your Online Statements.
? View digital images of checks you have written and that have been presented for payment.
? Communicate with us using our secure messaging feature.
? Pay individuals and charities electronically using P2P Payments.
? Generate reports to find or keep track of specific transactions.
? Download information into personal financial management software or a spreadsheet.
? Find Bank ATM and branch locations.
H. Minimum Age. Account owners and authorized users must be at least 18 years of age to be eligible to use the Services. We may make exceptions on a case by case basis upon request, and in our sole discretion may choose to allow access to a limited portion or features of the Services (e.g. ?view only? functionality). In the event we choose to make an exception, all owners or authorized users under the age of 18 will be subject to the terms and conditions of this Agreement.
I. Governmental Entities. If the account owner is a political subdivision, government agency or instrumentality thereof, including any township, city, borough, county, municipal authority and district, school district, or other local, state, or federal agency, department, bureau, or office (?Governmental Entity?), both the Governmental Entity and the person agreeing to and executing this Agreement make the following representations and warranties:
1. The Agreement is being executed by the Treasurer, Finance Director, or other financial officer authorized by law to make disbursements of governmental funds and enter into banking agreements, or by the authorized agent of such officer.
2. Only persons authorized to disburse municipal funds from Governmental Entity account will be enrolled by the Governmental Entity as an authorized user having access to the Governmental Entity?s accounts and who are authorized to effect transactions on behalf of the Governmental Entity through any of the Services.
3. The Governmental Entity has complied with all state laws and regulations, including any regulations or policies adopted by the Governmental Entity with respect to financial transactions or electronic commerce in entering into and performing this Agreement.
4. The Bank has the right, but is not required, to request that the Governmental Entity provide evidence of those persons authorized to disburse Governmental Entity, and if such request is made the Governmental Entity will promptly comply.
IV. Terms and Conditions for Online Banking Services.
A. Mobile Banking Application.
1. General. Once you have registered for Online Banking through our Online Banking Website, you can then manage your accounts by downloading and using the Bank?s Mobile Banking Application. The Mobile Banking Application allows you to perform various banking functions on your mobile phone or tablet, including viewing account balances and transaction information, sending secure messages, performing Internal and External Funds Transfers, performing Bill Payments, establishing alerts, locating all Bank Branches and ATMs, issuing stop payment orders, and depositing checks using your supported device?s camera, among other functions.
2. Equipment and Software Requirements. To be able to use the Mobile Banking Application, you must have a mobile smartphone, tablet, or other appropriate Access Device, that is capable of accessing the internet through a wireless connection. You must be able to download and install our Mobile Banking Application from the Apple App Store or Google Play Marketplace. You are solely responsible for your choice of equipment, wireless carriers, Internet or email service providers, web browsers, voice/data plans, etc., and for resolving any issues concerning operation, performance, availability, costs, etc., relating to any of the foregoing with the appropriate provider. Your wireless or Internet service provider may charge additional fees. Minimum requirements for mobile Operating Systems for mobile devices are: Android v. 4.2.X or greater or iOS v. 9.0 or greater.
3. Enrollment. To access your accounts via the Mobile Banking Application you need to be enrolled in Online Banking. Your Security Credentials to access the Mobile Banking Application will be the same as your Online Banking credentials.
4. Viewing accounts; Other Functions. You may access the same accounts through the Mobile Banking Application that you have available to you through the Online Banking Website. You may view at least 36 months of your transaction history by logging into the Mobile Banking Application and accessing your transaction history. Other services and features of Online Banking are available through the Mobile Banking Application, and are described in Section IV of this Agreement.
5. Fees. While we do not currently assess fees for the Mobile Banking service in general, there may be fees for your use of certain Services and functions within the Mobile Banking Application, as described in Section IV of this Agreement.
6. Security. You should safeguard the Access Device that you use to access the Mobile Banking Application, as well as your Security Credentials, against loss or theft. If your Access Device is lost or stolen, report it immediately to us and your wireless provider. You should also change your Security Credentials immediately. Except as provided in this Agreement, we have no responsibility or liability if someone else learns of your Security Credentials through the Access Device and uses it to access the Services.
B. Mobile Deposit
1. Description of Mobile Deposit. Our Mobile Deposit Service (?Mobile Deposit?) is designed to allow you to make deposits to your checking, money market or statement savings accounts, subject to the limits described herein, from your camera-enabled mobile device, by creating electronic images of the front and back of your paper check and transmitting those images and information captured from the magnetic ink character recognition (?MICR?) line to the Bank for deposit, through the Mobile Banking Application.
2. Mobile Deposit Eligibility Requirements. Eligibility requirements are as follows:
? The account for deposit must be available for Mobile Deposit service.
? You must be enrolled in Online Banking and download the Mobile Banking Application.
? You must provide your current and valid email address to NWSB Bank.
? You must be approved for Mobile Deposit by the Bank.
? You must receive your statements on a monthly basis.
? You must obtain and maintain, at your own expense, a compatible mobile device with a camera able to capture an accurate image of checks with at least a 5 Megapixel (MP) resolution, as well as connectivity to access the Mobile Banking Application.
The Bank is not responsible for any third party software you may choose or need to use the Service. The use of any such software is subject to the terms and conditions of your software agreement with the third party software provider. In order to enroll in the Mobile Deposit service, you must be an authorized signer, owner, or Power of Attorney on the account for deposit. Mobile Deposit is not available for Individual Retirement Accounts (IRAs), Club Accounts, or Certificates of Deposit.
3. Deposit Limits. All items deposited via the Service are subject to Bank review and approval. From time to time, at our sole discretion, we may establish or modify limits on the dollar amount and/or number of items that you deposit using this Service. If you attempt a deposit in excess of these limits, your deposit will not be accepted. Our current Mobile Deposit service limits are as follows:
Personal Accounts Business Accounts
For an account that has been open 90 days or less: For an account that has been open 90 days or less:
? The calendar day dollar deposit limit is $1,000.00 ? The calendar day dollar deposit limit is $2,500.00
? The calendar day item deposit limit is 10 ? The calendar day item deposit limit is 10
? The dollar deposit limit per month is $2,500.00 ? The dollar deposit limit per month is $10,000.00
? The item deposit limit per month is 10 ? The item deposit limit per month is 50
For an account opened more than 90 days and approved for these limits: For an account opened more than 90 days and approved for these limits:
? The calendar day dollar deposit limit is $2,500.00 ? The calendar day dollar deposit limit is $5,000.00
? The calendar day item deposit limit is 10 ? The calendar day item deposit limit is 10
? The dollar deposit limit per month is $5,000.00 ? The dollar deposit limit per month is $25,000.00
? The item deposit limit per month is 10 ? The item deposit limit per month is 50
4. Items Eligible for Mobile Deposit. You are only permitted to deposit ?checks? as defined in Federal Reserve Regulation CC. When the image of the check transmitted to the Bank is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be an ?item? within the meaning of Articles 3 and 4 of the Uniform Commercial Code. Check images transmitted for deposit must be legible, accurately depict all features and fields on the front and back of the check, and contain MICR data that is machine-readable. You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
? Checks payable to any person or entity other than the person or entity that owns the account into which the check is being deposited
? Tax refund checks
? Money orders
? Cashier checks
? Checks containing an alteration, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn
? Checks payable jointly, unless deposited into an account in the name of all payees
? Checks previously converted to a substitute check, as defined in Regulation CC
? Checks drawn on a financial institution located outside the United States
? Checks that are remotely created checks, as defined in Regulation CC
? Checks not payable in United States currency
? Checks dated more than six months prior to the date of deposit
? Checks dated after the date of the deposit
? Savings Bonds or cash
? Checks requiring an authorization code
? Checks on which a stop payment has been placed
? Checks which were already presented and returned for insufficient funds
? Checks or items prohibited by NWSB Banks?s current procedures or which are otherwise not acceptable under the terms of my NWSB Bank account
? Checks payable on sight or Payable Through Drafts, as defined in Regulation CC
? Insurance Checks
? Checks drawn on a Line of Credit
? Checks with any endorsement on the back other than that specified in this Agreement
? Checks that have previously been submitted through the Service or through a remote deposit capture service of any other financial institution
? Items which were previously processed as electronic items
? Checks intended for deposit into an IRA, Club Account, or Certificate of Deposit
5. Representations and Warranties of Customer. You authorize us to process any check image you transmit to us and you allow us, at our sole discretion, to convert check images and process check images through traditional check processing methods or electronic means. You agree to be subject to any agreements relating to check processing to which we are a party. In addition to any agreements, representations and warranties contained in this Agreement, you represent and warrant to Bank and agree to the following with respect to each and every check you submitted to us via Mobile Deposit:
1. You are entitled to enforce the instrument.
2. The item is an image of a legitimate check.
3. The digital image of each check transmitted to us is a sufficient, true and correct image of the original paper check and has not been altered in any manner by you or any third party acting on behalf of you.
4. You have reviewed and confirmed that the MICR line information provided on the digital image of the check transmitted to us is identical in all respects to the original paper check and that the encoded check amount is accurate.
5. All signatures required for transfer of the check are on the check and all such signatures are authentic and authorized.
6. You will use Mobile Deposit only for paper items that are payable to, and endorsed by, you.
7. The original paper check has not previously been deposited (conventionally or by electronic means) for collection with us or any other financial institution.
8. The original paper check will not be subsequently deposited (conventionally or by electronic means).
9. You understand that, in the event that a maker of a check asserts that the transaction is unauthorized, the processing of the item may be subject to dishonor.
10. You have no knowledge or notice of information to indicate that the transaction is fraudulent, not authorized by the maker of the check, or that the item is subject to a stop payment order.
11. The item is not subject to a defense or claim of recoupment of any party that can be asserted against you.
12. You have no knowledge of any insolvency proceeding commenced with respect to the maker of the Item.
13. Your transactions using Mobile Deposit shall be in accordance with all applicable laws and regulations.
6. Endorsements. You agree to restrictively endorse any item transmitted through Mobile Deposit with the following text ?For mobile deposit only? or as otherwise instructed by the Bank. If a check is not properly endorsed, we reserve the right to reject the deposit.
7. Availability of Funds. You agree that items transmitted using Mobile Deposit are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item transmitted through Mobile Deposit is received and accepted prior to 5:00 p.m. Eastern Standard Time, on a business day that the Bank is open, the Bank will consider that day to be the day of the deposit and funds will be made available that day. Otherwise, we will consider that the deposit was made on the next Business Day. We reserve the right to change the time period in which funds are made available following check deposits using Mobile Deposit if we determine or have reason to believe that a transaction may be subject to fraud or illegality, was not made in accordance with this agreement, or as otherwise allowed by applicable law.
8. Receipt of Items. We reserve the right to reject any item transmitted Mobile Deposit, at our discretion, without liability to you. We are not responsible for items that are not received or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation that the images were received. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to the account. We further reserve the right to chargeback to your account at any time any item that is determined not to be an eligible item. You agree that we will not be liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item. You agree that we have the right to adjust the amount of any deposit based on review of the image.
9. Presentment. The manner in which the items are cleared, presented for payment and collected shall be in our sole discretion subject to the Terms and Conditions of Your Account.
10. Returned Checks. If we have credited your account for a check that is subsequently returned to us unpaid, we reserve the right to deduct the amount of the returned check from your account, as well as any applicable fees. In the event there are not sufficient available funds in the account to cover your obligations under this Agreement, you agree that we may debit any account maintained by you with us or that we may set off against any amount we owe to you, in order to obtain payment of your obligations under this Agreement. In the event of a returned check, you agree that the return may be made in any legally acceptable form, including without limitation, image, image replacement document, or MICR memo. Such returned check may NOT be redeposited via Mobile Deposit. If a Payor Financial Institution, maker, or other third party makes a claim against us or seeks a re-credit with respect to any check processed hereunder, we may provisionally freeze or hold aside a like amount in your account pending investigation and resolution of the claim.
11. Storage, Retention and Disposal. After a check or item has posted to your account, you agree to prominently mark the front of the check as "VOID" and securely retain the paper check for 60 calendar days from the date of the image transmission. After 60 calendar days, you agree to irretrievably destroy the paper check so as to render it incapable of further transmission, deposit, or presentment. During the time the retained paper check is available, you agree to promptly provide it upon request to aid in the clearing and collection process, to resolve claims by third parties with respect to the check, or for our audit purposes. You agree not to represent to us or any other party a check that has been submitted through Mobile Deposit unless we notify you that the check or item has not been accepted through Mobile Deposit.
12. Fees. You agree to pay a fee for Mobile Deposit as set forth in our Service Fee Schedule, as may be changed from time to time. You authorize us to deduct any such fees from any account with us in your name. Third party message and data rates may apply, including fees the wireless carrier may charge you for data usage and text messaging services. Further, at our discretion, new service fees may be instituted in the future and all service fees are subject to change. Our current Mobile Deposit fees are $.50 per item after the 2nd item per statement cycle for all consumer accounts and $.50 per item per statement cycle for all commercial accounts. .
C. Text Banking
1. Description. Our Text Banking service allows you to text us from the mobile phone number you registered with us in order to retrieve information about your accounts.
2. Enrollment. To enroll in Text Banking, you must first enroll in Online Banking and then visit the ?Text Enrollment? page within Online Banking to enroll in the Text Banking service. You must have a mobile phone with texting capabilities, and you must provide us with your mobile telephone number. You must then set your preferences for viewing your accounts and establish account nicknames.
3. Text Banking Transactions. When you use Text Banking, you will send your text, or request, to the following number: 226563 (BANKME). Save the number in your phone?s address book so that you will have it handy. With 226563 (BANKME) as your text recipient, there are five different texts that you can send. Below is each text, along with the results you?ll receive the following:
Keyword Function
BAL or BAL <followed by account nickname> Example: BAL CHK You?ll receive the account balance for the account nicknamed CHK; if no account name is used, the balances of all of your accounts linked to Text Banking will be listed.
XFER <from account nickname> <to account nickname> <amount> Example: XFER CHK SAVE 25 This will transfer $25 from the account nicknamed CHK to the account nicknamed SAVE.
HIST <account nickname> Example: HIST SAVE You?ll receive account history for the account
nicknamed SAVE.
LIST This will provide a list of the available text commands.
HELP This provides a link to a webpage with Terms and Conditions about Text Banking, as well as the Bank?s website and phone number for help with Text Banking.
4. Message and Data Rates. When you use Text Banking, message and data rates may apply. We are not responsible for any charges or fees you incur or are charged by your wireless carrier or internet provider due to messages sent through Text Banking.
5. Termination. This program is ongoing and can be stopped at any time by going to the ?Text Enrollment? page within Online Banking and opting out or by texting ?STOP? to 226563. After you cancel your enrollment in Text Banking, you agree that you may receive one additional text message confirming your cancellation.
D. eDocuments
1. Description. You may elect to stop or resume the mailing of paper statements and other account documents for eligible accounts and begin receiving electronic account statements and account documents through Online Banking by enrolling in our electronic documents service (?eDocuments?). You may enroll in eDocuments by going to the eDocuments page within Online Banking. As part of the e-Document enrollment process, you will be asked to enter into an Electronic Document Disclosure and Agreement, including entering a validation code that appears therein. Upon enrolling in eDocuments, you consent to and will be able to receive in electronic form all bank periodic statements, notices, and disclosures, including all account statements, loan statements, bills, notice of insufficient funds, certificate of deposit notices, privacy policy notices, overnight repurchase agreement notices, tax statements and forms, and any other disclosures required by federal, state, or local laws.
2. Eligible Accounts. Only Accounts accessible via Online Banking may be enrolled in eDocuments. For joint accounts, only one account owner need enroll in eDocuments delivery for it to be effective for the account.
3. Statement Availability. Your online statements will generally be available in eDocuments within 24 hours after the statement cut-off date. The statement cut-off date for your online statement is the same as your paper statement. You may view, print, and download your current statement and up to 24 months of statement history.
4. Delivery of Information. We may deliver information to you about your eligible Accounts via the Online Banking message center, email, US Postal Service, or within the online statement itself. It is your responsibility to notify us if any of your contact information changes. We may continue to mail information to you, including any information that you have authorized us to provide to you electronically. We may discontinue the eDocuments service at any time in our discretion and resume mailing paper statements to you. We may also add, modify, or delete any feature of the eDocuments service in our discretion. We will provide you with notice of any change or termination in the eDocuments service.
E. Internal Funds Transfers
1. General. The Internal Funds Transfer service (?Internal Transfer Service?) allows you to perform one-time and recurring Internal Transfers of funds between eligible accounts within Online Banking. There is no separate enrollment to be able to use the Internal Transfer Service.
2. Eligible Accounts. You may transfer funds from your eligible checking, eligible savings (not including certificates of deposits, club or passbook accounts), money market accounts, or lines of credit to any of your eligible checking, eligible savings, money market accounts, lines of credit, or loans at the Bank using the Internal Transfer Service. An eligible account is one in which you have a direct ownership interest, i.e. as sole owner or joint owner. Generally, Business Accounts and Consumer Accounts cannot initiate Internal Transfers between one another, except for, in the Bank?s discretion, transfers between Consumer Accounts and Business Accounts in which there is a common tax identification number (certain sole proprietorships and single-member LLCs). Time deposit accounts (i.e., certificates of deposit) and accounts that are held in a fiduciary capacity (e.g., trust accounts and representative payee accounts, among others) are ineligible for Internal Transfers. Additionally, accounts that require two or more signatures are not eligible for Internal Transfers. Your request to transfer funds from your line of credit means that you agree that Online Banking will be considered an additional access device for your line of credit, along with your line of credit checks and/or access card.
3. Transaction History. You may view at least 36 months of your Internal Transfer transaction history by logging into your account and looking at your transaction history. You agree to review your transactions by this method instead of receiving transaction receipts by mail.
4. Transaction Limitations. The number of Internal Transfers you may make from your checking accounts or lines of credit is unlimited. Federal law limits the number of transfers and withdrawals you may make to six (6) per month from each of your savings accounts and six (6) per statement cycle from each money market accounts. The total amount of Internal Transfers from an eligible account cannot exceed the available balance in the account. Any Internal Transfer request in excess of the available balance in the eligible account will not be processed. We may establish and change transaction limits from time to time, including, but not limited to single transaction limits and daily transaction limits.
5. Fees. While we do not currently assess per-transaction fees for the Internal Transfer Service, we reserve the right to charge a fee in the future with prior notice to you. In the event we elect to begin charging fees, all fees associated with Internal Transfers will be set forth in our Service Fee Schedule. You may be responsible for other charges and fees associated with any Internal Transfer, such as overdraft fees, that are set forth in our Service Fee Schedule or that have been previously disclosed to you.
6. Scheduling, Modifying, and Cancelling an Internal Transfer. You may schedule Internal Transfers using Online Banking at your convenience. You may modify or cancel an Internal Transfer request which you submitted until 8:00 p.m. Eastern Time on the date your Internal Transfer is scheduled to occur. You must call the Bank's Customer Contact Center at 844-822-6972 the next Business Day if you want to change or reverse an Internal Transfer request after 8:00 p.m. Eastern Time, or you may schedule another Internal Transfer to reverse the original transfer. A fee may be assessed by the Bank for changing or reversing an Internal Transfer after it is processed.
7. Processing Times. Internal Transfers submitted via Online Banking and received by us prior to 8:00 p.m. EST on Business Days will be effective on the day the Transaction Instruction is submitted. Internal Transfers submitted via Online Banking or received by us on a non-Business Day or after 8:00 p.m. on a Business Day will be effective the following Business Day. Internal Transfers scheduled for a future date or on a recurring basis will be effective at 8:00 p.m. Eastern Time on the requested date of transfer.
F. External Funds Transfers (Bank to Bank Transfers)
* External Funds Transfers are not currently offered, but may be offered in the future. In the event this service becomes available, the following terms and conditions will govern the use of this service:
1. Description. Through Online Banking, you may initiate External Transfers of funds between your eligible checking, eligible savings, and money market accounts at the Bank and a checking account in which you have an ownership interest that is held by a financial institution located in the United States (?External Account?). External Transfers may be both inbound (from your External Account to your account at the Bank) or outbound (from your account at the Bank to your External Account).
2. Enrollment. There is no separate enrollment for the External Transfer service, however, you must add an External Account, which you own at another financial institution in order to use this service. Enrollment of External Accounts is subject to our approval, which may be withheld in our sole discretion, and an External Account that has been added in the past can be removed by the Bank at any time for any reason.
3. Verification of Ownership of External Account. You must be the sole owner, or a joint owner, of both the account at the Bank and the External Account. When adding an External Account, we will verify your ownership of that account by performing multiple small transactions (usually two deposits and a withdrawal) to your External Account. You must login to your External Account or view the External Account statement to verify the deposit amounts. You must then login to Online Banking and validate the amount of these transactions to complete the process of adding an External Account. We may require additional verification of your ownership of any External Account at any time before or after enrollment, and before or after allowing any transfer activity with respect to that. By enrolling an External Account, you authorize the account-holding institution to disclose to us any information that we request about you or the External Account and agree to cooperate in our requests for additional information, including promptly providing any identification and/or other account documentation that we may request. Despite these measures, you acknowledge that we cannot and do not guarantee the identity of any transferee, payee, or recipient of any transfer initiated via an External Transfer (including, but not limited to, accounts to which you send payments). You acknowledge that it is your sole responsibility to accurately input and submit any Transfer Instruction or request for an External Transfer. You agree to review any external accounts, which are linked to your Online Banking accounts as an account to which an External Transfer can be made, both at the time such account is added and at the time any External Transfer is requested.
4. Representations and Warranties. By initiating an External Transfer, you represent and warrant that you are an owner of both the account at the Bank and the External account, and that you have all necessary legal right, power and authority to initiate and perform the External Transfer. Further, you represent and warrant that the External Account is held by a financial institution located within the United States.
5. Transaction History. You may view at least 36 months of your External Transfer transaction history by logging into your account and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
6. Transaction Limitations. The number of External Transfers you may make from your checking accounts or lines of credit is unlimited. Federal law limits the number of transfers and withdrawals you may make to six (6) per month from each of your savings accounts and six (6) per statement cycle from each money market accounts. The total amount of External Transfers from an eligible account cannot exceed the available balance in the account. Any External Transfer request in excess of the available balance in the eligible account will not be processed. We may establish and change transaction limits from time to time, including, but not limited to single transaction limits and daily transaction limits.
7. Fees. We do not currently assess per-transaction fees for External Transfers, however, we reserve the right to charge a fee in the future with prior notice to you. In the event we elect to begin charging fees, all fees associated with External Transfers will be set forth in our Service Fee Schedule. The amount may vary based on the direction of the transfer. Transfers coming to an account at the Bank may be charged a different fee from transfers going to an External Account. You may be responsible for other charges and fees associated with any External Transfer, such as overdraft fees or insufficient funds fees, that are set forth in our Service Fee Schedule or that have been previously disclosed to you.
8. Scheduling, Modifying, and Cancelling an External Transfer. You may schedule External Transfers using Online Banking at your convenience. You may modify or cancel an External Transfer request at any time until it begins processing, provided we have a reasonable opportunity to act on your request prior to processing. You may not modify or cancel an External Transfer after it has been processed.
9. Authorization. When we receive a Transfer Instruction for an External Transfer from you, you authorize us to debit the account from which funds are being taken (?Transaction Account?), remit funds on your behalf to the account to which funds are being deposited (?Recipient Account?) designated by you and to debit one of your accounts as described below in the ?Fees? section. You also authorize us to reverse a transfer from your Recipient Account if the debit is returned from the Transaction Account for any reason, including but not limited to, nonsufficient funds.
10. Processing Times. External Transfers submitted via Online Banking and received by us prior to 8:00 p.m. Eastern Time on Business Days will be processed on the day the Transaction Instruction is submitted. External Transfers submitted via Online Banking or received by us on a non-Business Day or after 8:00 p.m. on a Business Day will be processed the following Business Day. External Transfers scheduled for a future date or on a recurring basis will be processed at 8:00 p.m. Eastern Time on the scheduled date of transfer. In any event, the scheduled date of transfer is the date that the money is withdrawn from the Transaction Account. External Transfers are typically deposited in the Recipient Account on the scheduled date of transfer, but may take up to three business days to fully process and post to your account. The calendar within Online Banking shows the earliest available date you can make an External Transfer. External Transfers will be processed, completed, and posted by other financial institutions that have other rules and posting deadlines; accordingly, we cannot guarantee the timely delivery of funds to the extent that another institution is responsible for any delay.
11. Failed Transactions. You acknowledge that External Transfers may be returned for various reasons such as, but not limited to, the External Account number being invalid or for insufficient funds in your accounts to cover the transactions, among others.
12. Unclaimed Funds. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied External Transfer to the account from which the External Transfer was initiated. If this is unsuccessful (for example, the account at the Bank has been closed) we will make reasonable attempts to mail you a paper check. If after ninety (90) days (or longer, depending on our then-current standard for unclaimed checks) that check has not been negotiated, we will stop payment on it and transfer funds to an "unclaimed funds" account, and will subsequently handle the unclaimed funds as required or otherwise permitted by applicable law.
G. Bill Payment Service (Bill Pay)
1. Description. You may use our Bill Payment Service (?Bill Pay?) to make current, future and recurring Payments from your designated Payment Account to merchants, businesses or individuals in the United States through Online Banking. You may also schedule or send bill payments through our Mobile Banking Application. If you opt to use Bill Pay via our Mobile Banking Application, please note that you may not edit billers/payees or establish recurring payments via the Mobile Banking Application. These features are only available via our Online Banking Website.
2. Enrollment. You have to be enrolled in Bill Pay separately from Online Banking by registering in Online Banking. Anyone who wants to use Bill Pay has to enroll in the Service separately.
3. Transaction Records and History. You may view at least 18 months of your Bill Pay transaction history by logging into your account and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
4. Eligible Accounts. Business or consumer checking accounts which you own as an individual or jointly with another individual that do not require two signatures to conduct transactions are eligible to be Payment Accounts. Your Payment Account is the designated business or personal checking account from which we will deduct your payments and any associated charges or fees relating to Bill Pay. You authorize us to deduct any applicable charges and fees from your Payment Account. If you close this Payment Account you authorize us to select, at our sole discretion from your remaining accounts, another eligible account to be designated as your Payment Account. You authorize us to deduct payments and fees from this newly designated Payment Account as if you had selected this account yourself. If you do not have any other eligible accounts and you close your Payment Account, your Bill Pay services will be terminated and any unprocessed Bill Pay transactions will be cancelled.
5. Transaction Limitations. The maximum amount you can make in any one payment drawn on a Consumer Account is the lesser of the available balance in your Payment Account or $20,000.00. The maximum amount you can make in any one payment drawn on a Business Account is the lesser of the available balance in your Payment Account or $25,000.00. Business Accounts have an aggregate limit of no more than $100,000.00 in payments scheduled for a single day. We may, at our sole discretion, impose higher or lower transaction limits on the amount of money you can pay out through Bill Pay.
6. Fees and Charges. At this time, we do not charge any monthly fees or per-bill fees on Consumer Accounts for use of the Bill Pay service. We currently charge a monthly fee and a per-item fee for Business Accounts which are listed on our Service Fee Schedule. We reserve the right to change the fee structure for Bill Pay at any time with prior notice to you. There may be additional fees associated with your use of Bill Pay, which you may incur at your discretion. For example, if you request an expedited or rush payment the current fee for overnighting a payment at your request will be withdrawn from your Payment Account. Other account fees may apply in conjunction with the use of Bill Pay, such as overdraft fees or stop payment fees. Please refer to our Service Fee Schedule for complete information regarding applicable charges and fees for Bill Pay and other transactions pertaining to your account.
7. Designation of Payees. We reserve the right to refuse to pay any Payee to whom you may direct a payment. We will notify you promptly if we decide to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement. Bill Pay payments to Payees outside of the United States or its territories are prohibited through the Online Bill Paying Service. Additionally, Bill Payments to governmental units or agencies are prohibited; this includes, but is not limited to, court ordered payments, alimony, child support, taxes, fines and penalties. While the Bill Pay service may allow you to enter these types of payments, such payments are prohibited and, if established, may only be scheduled at your own risk. In no event shall we be liable for any claims or damages resulting from your attempt to make these types of payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. You agree that any research and resolution for misapplied, mis-posted, or misdirected prohibited payments will be your sole responsibility.
8. Method of Payment. We will make payments you have scheduled through Bill Pay either electronically or by check. Although you will not be able to select how a Payee will be paid, most major commercial Payees accept electronic payments, and we encourage you to provide as much information as possible when setting up a Payee so that we can match your Payees to those in our database that accept electronic payments. If we pay by check, the check will be drawn directly on your account. You agree that we have the right to select, in our complete discretion, the method in which to make payments on your behalf, and the method to return funds to you in the event that the payment is returned to us.
9. Authorization for Bill Pay. By providing us with Payment Instructions and submitting Payees to whom you wish to direct payments, you authorize us to follow the Payment Instructions you provide through Online Banking. In order to process payments more efficiently and effectively, we may edit or alter payment data or payment data formats in accordance with directives we receive directly from the Payee. When we receive a Payment Instruction, you authorize us to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you when you established the payment. You also authorize us to credit your Payment Account for payments returned to us by the United States Postal Service or a Payee. It is your sole responsibility to ensure that all Payee information and Payment Instructions are accurate and free of any errors.
10. Processing Timeframes. Scheduled payments that have not yet begun processing may be added, edited or deleted until 4:00 p.m. Eastern Time on the Business Day the payment is to be processed. There is no charge for canceling or editing a Scheduled Payment. Once we have begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted. Funds are usually debited from your Payment Account on the effective date of the transaction, which is the day the payment is received (but not necessarily processed) by the Payee in the case of electronic payments, or the day the Payee processes your payment in the case of payments made via paper check. By entering and transmitting a Bill Payment instruction, you authorize us or our agent to reduce the balance in your Payment Account accordingly. If you have not qualified for or accepted overdraft services or provided for another form of overdraft protection and there are insufficient funds in your Payment Account to make an authorized payment, we may refuse to pay the scheduled payment.
11. Scheduling Payments; Recurring Payments. When making payments through Bill Pay, please allow enough time for your Payee to receive your payment and credit your account properly. To avoid incurring a finance or other late charge imposed by your Payee, you must schedule a payment sufficiently in advance of the due date of the bill. The earliest possible Scheduled Payment Date for each Payee (typically at least 1-2 Business Days from the date Payment Instructions are submitted) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date earlier than the earliest possible payment date designated for each Payee. When scheduling payments, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee statement or bill unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. You are solely responsible for selecting the appropriate date on which to send your payment. A Recurring Payment is a regularly scheduled payment with minor changes in the dollar amount (i.e. your mortgage, rent or insurance payment). Recurring Payments may be scheduled in weekly, semi-monthly or monthly intervals as outlined within the Bill Pay service.
12. Failed Bill Pay Transactions. In using Bill Pay, you are requesting us to make payments for you from your Payment Account. You understand that Payees and/or the United States Postal Service may return failed payments to us unprocessed and not credited to your account for various reasons. These reasons include, but are not limited to: attempting to send a payment to a Payee with an invalid address or an expired forwarding address; the Payee account number is not valid; the Payee is unable to locate your account; or the Payee account is paid in full and no further payments are accepted. We will use our best efforts to research and correct the returned payment and return it to your Payee as appropriate, or to void the payment and credit your Payment Account.
13. Returned Transactions. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from us. In such case, you agree that: You will reimburse us immediately upon demand for the transaction amount that has been returned to the Service; You will reimburse us for any fees imposed by your Payee as a result of the return; You will reimburse us for any fees, including attorneys? fees, we incur in attempting to collect the amount of the return from you; and, we are authorized to report the facts concerning the return and any unreimbursed amounts to any credit reporting agency.
14. Monitoring Payments and Accounts. We don?t have a duty to monitor payments made through Bill Pay. With respect to Business Accounts, if an authorized representative or user of yours uses your Payment Account to pay bills that aren?t yours, you assume the entire risk of loss. With respect to Consumer Accounts, if someone to whom you have given your Security Credentials exceeds the authority you gave them and uses your Payment Account to pay bills that aren?t yours, you assume the entire risk of loss unless you have notified us that transfers by that person are no longer authorized. As to both Business Accounts and Consumer Accounts, you agree to indemnify and hold us and our officers, employees and agents harmless from all loss, liability, claims, demands, judgments, and expenses (including attorneys? fees) arising from such use.
15. Errors and Liability. If we don?t properly complete a Bill Pay payment in accordance with the Payment Instructions, we?ll pay any related late fees or finance charges that you reasonably incur as a result, up to a maximum amount of $50.00, if your account was in good standing with the Payee before the error. By submitting a claim of error, you agree to provide all pertinent information regarding the transaction that we may reasonably request, and you authorize us to submit any relevant information regarding the transaction to our Service Providers, who may reimburse you directly or reimburse us for any amount we have paid to you. We aren?t responsible for any charges or fees imposed (including finance charges and late fees), or any other action, taken by a Payee resulting from a payment that you didn?t schedule properly. Also, we won?t be liable if: Any other party that is meant to make a payment fails to properly transmit the payment to the intended Payee; your Payment Account and/or overdraft protection plan lacks sufficient funds or credit; a legal order or writ directs us to prohibit withdrawals from the Payment Account; the Payment Account is closed or frozen; the Bill Pay service processing center is experiencing difficulties which prevent the processing of payments and you know or have been advised by us about the issue before you execute the transaction; you have not provided us with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; or circumstances beyond our control (such as, but not limited to, fire, natural disaster, interference from an outside force, failure of the electronic funds transfer system) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. In any event, you agree that we won?t be liable for indirect, special, or consequential damages you may sustain from using Bill Pay or any error we may make.
H. eBill (Electronic Bill Presentment)
1. Description. Our Electronic Bill Presentment Service (?eBill?), accessible through Bill Pay, allows you to receive electronically presented bills from your Billers through Bill Pay. Hundreds of companies nationwide have the ability to electronically send bills through the eBill system. These electronic bills typically contain the same information included in the paper bills that are mailed to you, and is a convenient and secure method of consolidating access to your monthly bills. The eBill service is for the presentment of electronic bills only, and is not a means to access other documents, such as statements, notices, or other third-party account documents.
2. Enrollment. You must be enrolled and registered for Bill Pay in order to use eBill. If you have billers that offer the eBill service, you can add one or more Billers by going to the ?payments? tab in Bill Pay to view a list of your Billers. If your Biller supports the eBill service, you will have the option in Bill Pay to activate the eBill service with that Biller. As part of the eBill activation process with a particular Biller, you must provide information that the Biller can use to verify your account with them. Upon activation of the eBill feature, we may notify the Biller of your request to receive electronic bill presentment from the Biller to your account at the Bank. The timing of the presentment of your first electronic bill is dependent on the Biller and may take up to 60 days, depending on the billing cycle of each Biller. Your ability to continue to receive a paper copy of your bill or statement(s) is at the sole discretion of the Biller, and the Biller may charge a fee to continue to send paper copies of your bill to you. Each Biller reserves the right to accept or deny your request to receive electronic bills. Additionally, we reserve the right to refuse the designation of a Biller for any reason.
3. Payment of Bills. All bills that are presented electronically through the eBill service can be paid through Bill Pay, and all such payments and transfers shall be subject to the terms and conditions set forth in paragraph IV(G) of this Agreement, governing Bill Pay.
4. Fees. We do not currently charge fees for the eBill service, however, we reserve the right to charge a fee in the future upon prior notice to you. In the event we choose to begin charging fees, those fees associated with eBills will be outlined in our Service Fee Schedule. Fees may be charged for payment of bills presented through eBill if payment is made through Bill Pay.
5. Information Provided to the Biller. The eBill service is unable to update or change your personal information with the Biller such as, but not limited to, name, address, phone numbers and email addresses. You need to make any changes by contacting the Biller directly. It is your sole responsibility to provide accurate contact information to all of your Billers. Additionally, it is your responsibility to maintain all user IDs and passwords for all Biller websites and online access accounts. You may be required to provide your user ID, password, security questions, or other security procedures for access to a Biller website or online access account in order for you to receive eBill for a particular Biller, and if required, you authorize this information to be used by us for the purpose of facilitating electronic presentment of your bills.
6. Non-Delivery of Electronic Bills. You agree to hold us harmless should the Biller fail to deliver your bills. It is your sole responsibility to contact your Biller directly if you do not receive any bill. You are responsible for ensuring timely payment of all bills. You must request copies of previously delivered bills directly from the Biller.
7. Accuracy and Dispute of Electronic Bill. We are not responsible for the accuracy of your electronic bills. The eBill feature will only present the information received from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or any transaction details must be addressed with the Biller directly. This Agreement does not alter any liability or obligations that currently exist between you and your Billers.
8. Notification. We will use our best efforts to present all of your eBills promptly upon receipt by the Biller. We may, but are not obligated to, place a notification within Online Banking informing you of the presence of new eBills or send you an e-mail notification to the e-mail address listed for your account notifying you of the presence of a new eBill. It is your sole responsibility to ensure that your contact information is accurate. In the event we do not send or you do not receive any notification, it remains your responsibility to periodically log in to Online Banking and check for the delivery of any new electronic bills. The time for notification may vary from Biller to Biller, and you agree that you are solely responsible for ensuring timely payment of all bills regardless of whether or not you receive a notification from us.
9. Cancellation of Electronic Bill Notification. The Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel the eBill service at any time. The time frame for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Payee to cease presenting bills electronically. By indicating within the eBill feature that you wish to cancel eBill, you authorize notification to your Billers as to the change in status of your account. It is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for forwarding or sending to you any electronic bills that are already in process at the time of cancellation.
I. Person to Person Transfers, Gift Checks, and Charitable Donations
1. Description. The Person to Person Transfers Service (?P2P Payments?) allows you to initiate Payment Instruction from an eligible account to other individuals and charitable organizations that maintain an account at a U.S. financial institution.
2. Eligible Accounts. Business or consumer checking accounts which you own as an individual or jointly with another individual that do not require two signatures to conduct transactions are eligible to be Payment Accounts. Your Payment Account is the designated business or personal checking account from which we will deduct your payments and any associated charges or fees relating to P2P Payments. You authorize us to deduct any applicable charges and fees from your Payment Account. If you close this Payment Account you authorize us to select, at our sole discretion from your remaining accounts, another eligible account to be designated as your Payment Account. You authorize us to deduct payments and fees from this newly designated Payment Account as if you had selected this account yourself.
3. Fees. We charge fees to send payments using P2P Payments. Currently, we charge the following fees:
? Payments to individuals ?free
? Gift Checks - $2.99 each
? Donations and Payments to a charitable organization - $1.99 each
We reserve the right to change the fee structure for P2P Payments at any time with prior notice to you. There may be additional fees associated with your use of P2P Payments which you may incur at your discretion. For example, if you request an expedited or rush payment the current fee for overnighting a payment at your request will be withdrawn from your Payment Account. Other account fees may apply in conjunction with the use of P2P Payments, such as overdraft fees or stop payment fees. Please refer to our current Service Fee Schedule for complete information regarding applicable charges and fees for P2P Payments and other transactions pertaining to your account.
4. Payment Authorization and Payment Remittance. By providing us with names, addresses, telephone numbers, email addresses, and/or bank account information of persons to whom you wish to direct Payments (a ?Payee?), you authorize us to follow the Payment Instructions that we receive through the Service. We do not guarantee the identity of any Payee, person, or organization to whom payments are directed. When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account for the amount of any such Payment Instruction plus any related fees in effect at the time you initiate the Payment Instruction, and to remit funds on your behalf. You acknowledge and agree that any applicable fees will be charged when we receive a Payment Instruction from you, regardless of whether the Payment Instruction is ultimately completed. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payment(s) and those payments that were cancelled and returned to you because the processing of the Payment Instruction could not be completed.
5. Processing Timeframes. You may send us a Payment Instruction for a P2P Payment at any time; however, we will not act upon and will debit your payment account on the next Business Day if the payment is an immediate payment. P2P Payment requests initiated after 4:00 P.M. EST will be deemed to be received the next Business Day, which will be processed on the next business day from the deemed receipt by us. In cases when a recurring payment is scheduled for a non-Business Day, the payment is sent on the preceding Business Day and your payment account will be debited on the preceding Business Day. Once we have begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted. Funds are usually debited from your Payment Account the day on the effective date of the transaction, which is the day the payment is received (but not necessarily processed) by the Payee in the case of electronic payments, or the day the Payee processes your payment in the case of payments made via paper check. By entering and transmitting a P2P Payment Instruction, you authorize us or our agent to reduce the balance in your Payment Account accordingly. If you have not qualified for or accepted overdraft services or provided for another form of overdraft protection and there are insufficient funds in your Payment Account to make an authorized payment, we may refuse to pay the scheduled payment.
6. Scheduling Payments; Recurring Payments. When making P2P Payments, please allow enough time for your Payee to receive your payment and credit your account properly. A Payee will be in receipt of the payment within one to three (1?3) business days for funds remitted electronically, and five to ten (5?10) business days if the Payee is paid by check. To ensure payment by a specific due date, you should allow at least this much time for the payment to reach the payee.
7. Payment Methods and Amounts. There are limits on the amount of money you can send through P2P Payments Service. Your limits may be adjusted from time to time at our sole discretion. You may log in to Online Banking to view your individual transaction limits. We also reserve the right to select the method in which to remit funds on your behalf, and the method to return funds to you in the event that the account from which the original payment originated is closed or otherwise unavailable to us. These payment methods may include, but may not be limited to, an electronic or paper check payment.
8. Payment Instruction Discrepancies and Errors. You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers and that we have no responsibility to investigate discrepancies between account names and account numbers. It is your responsibility to ensure the accuracy of any Payment Instruction and for informing us as soon as possible if you become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee that such payment will be stopped or recovered, and we will bear no responsibility or liability for damages resulting from incorrect information that you enter. You may be charged a fee for a stop payment request as set forth in our Service Fee Schedule.
9. Prohibited Payments. The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:
? Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States)
? Payments that violate any law, statute, ordinance or regulation including, but not limited to the Bank Secrecy Act, the USA Patriot Act, the Unlawful Internet Gambling Enforcement Act, and the requirements and sanctions of the Office of Foreign Assets Control and Financial Crimes Enforcement Network
? Payments related to (1) tobacco products, (2) prescription drugs and devices, (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety, (4) drug paraphernalia, (5) ammunition, firearms, or firearm parts or related accessories, (6) weapons or knives regulated under applicable law, (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity, (8) goods or services that are sexually oriented, (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (10) goods or services that defame, abuse, harass or threaten others, (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous, (12) goods or services that advertise or sell to, or solicit others, or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction
? Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes
? Payments relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following "money service business" activities--the sale of traveler's checks or money orders, currency dealers or exchanges or check cashing, or (6) provide credit repair or debt settlement services
? Tax payments and court ordered payments
In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours. In addition, we reserve the right to refuse to pay any Payee. We will attempt to notify you promptly if we decide to refuse to pay a Payee you designate. This notification is not required if you attempt to make a prohibited payment as set forth herein.
10. Returned and Refused Payments. You understand that Payees may reject Payment Instructions or otherwise return payments. We will use reasonable efforts to complete Payment Instructions initiated through P2P Payments. You agree that you will not hold us liable for any damages resulting from a Payee?s decision to accept or not to accept a Payment Instruction initiated or attempted through P2P Payments. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, or denied payment to you.
11. Receipts and Transaction History. You may view your P2P Payments transaction history by logging into Online Banking and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts or periodic statements by mail.
12. Monitoring Payments and Accounts. We don?t have a duty to monitor payments made through P2P Payments. With respect to Business Accounts, if an authorized representative or user of yours uses your Payment Account to make P2P Payments, you assume the entire risk of loss. With respect to Consumer Accounts, if someone to whom you have given your Security Credentials exceeds the authority you gave them and uses your Payment Account to make P2P Payments, you assume the entire risk of loss unless you have notified us that transfers by that person are no longer authorized. As to both Business Accounts and Consumer Accounts, you agree to indemnify and hold us and our officers, employees and agents harmless from all loss, liability, claims, demands, judgments, and expenses (including attorneys? fees) arising from such use.
13. Liability for Failed Transactions. We will use reasonable efforts to complete all your Payment Instructions properly. We aren?t responsible for any charges, fees, or any other action, taken by a Payee resulting from a payment that you didn?t schedule properly. Also, we won?t be liable if: Any other party that is meant to make a payment fails to properly transmit the payment to the intended Payee; your Payment Account and/or overdraft protection plan lacks sufficient funds or credit; a legal order or writ directs us to prohibit withdrawals from the Payment Account; the Payment Account is closed or frozen; the P2P service processing center is experiencing difficulties which prevent the processing of payments and you know or have been advised by us about the issue before you execute the transaction; you have not provided us with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; or circumstances beyond our control (such as, but not limited to, fire, natural disaster, interference from an outside force, failure of the electronic funds transfer system) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. In any event, you agree that we won?t be liable for indirect, special, or consequential damages you may sustain from using P2P Payments or any error we may make.
J. Alerts and Stop Payment Orders
1. Alerts. Our Alerts Service allows you to receive important notifications to your email address or mobile phone following specific account activities or statuses. You may establish alerts by going to the ?Alerts? tab in Online Banking. Depending on the type of alert, please allow up to two days to receive an alert. You agree that we are not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert or for any actions taken or not taken by you or a third party as the result of an alert. Your mobile carrier may charge you for text messaging. Please check your mobile phone service agreement for details on applicable fees.
2. Stop Payments. You can order us to stop payment on any check that you write from your Bank checking account. You cannot stop payment on a check if we have accepted, certified, made final payment on or otherwise become accountable for the check, except to the extent required by law. You must allow us a reasonable time to effectuate your stop payment request. Your stop payment request will remain in effect for six (6) months for checks and indefinitely for ACH payments. All stop payments requests are subject to our regular stop payment fee. The stop payment feature may not be used with respect to any electronic payment or transfer scheduled through Online Banking that has already been processed. Please see the Terms and Conditions of Your Account for other provisions governing stop payment orders.
V. General Terms and Conditions.
A. Acceptable Use of Services. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of our Services, regardless of the purpose of the use, and for all communications you send through these Online Services. We have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In using our Services, you agree that you are prohibited from using our Services for communications or activities that
? would be contrary to our business interest or those of our Service Providers,
? violate any law, statute, ordinance or regulation, including, but not limited to, the Bank Secrecy Act, the USA Patriot Act, the Unlawful Internet Gambling Enforcement Act, and the requirements and sanctions of the Office of Foreign Assets Control and Financial Crimes Enforcement Network,
? impose an unreasonable or disproportionately large load on our infrastructure,
? constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or any portion thereof through which a Service is offered without our prior written permission,
? constitute use of any device, software or routine to bypass technology protecting the Services, or interfere or attempt to interfere, with the Services,
? may cause us or our Service Providers to lose any of the services from our Internet service providers, payment processors, or other vendors,
? transmit or disseminate junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material,
? infringe or violate any intellectual property rights, copyright, trademark, right of publicity or privacy, or confidentiality, or the legal obligations of the Bank and its Service Providers, or any other proprietary right under the laws of any jurisdiction,
? transmit or disseminate material or data, that is illegal, or material or data, as determined by the Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of the Bank or any third-party service provider involved in the provision of Online Services,
? include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous,
? transmit or disseminate any material or information that is false, misleading, or inaccurate, or
? transmit or disseminate any material that would expose the Bank, any third-party service provider involved in providing Online Services, or any other third party to liability.
B. Your Responsibility for Accurate Contact Information. It is your sole responsibility to ensure that the contact information in your Online Banking user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers, and email addresses. Changes can be made by updating your information within the Online Banking ?Customer Service? tab or by contacting our Customer Contact Center via telephone at 844-822-6972. We are not responsible for any payment processing errors or fees or damages incurred that could have been avoided if you provided us with accurate contact information.
C. Confidentiality. Subject to applicable law, we will disclose information to third parties about you and your Eligible Accounts or the transfers you make
? where it is necessary for completing transfers or instructions or rendering the Services,
? in order to verify the existence and condition of your Eligible Account for a third party, such as a credit bureau or merchant,
? in order to comply with government agency, subpoenas, court orders, or other legally enforceable demands,
? if you give us permission,
? as stated in the our Privacy Notice, and
? as otherwise required or permitted by law or government regulation.
D. Limitation of Liability. Except as specifically provided for in this Agreement or where the law requires a different standard, you agree that the Bank shall not be responsible for any loss or damages you sustain, whether caused by the Bank, by equipment or software, by Service Providers, or by any agent or subcontractor of any of the foregoing. You agree that the Bank will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages you sustain as a result of your use of or enrollment in the Services, any transaction initiated using the Services, or the failure of Bank to process any transaction or payment you instruct us to make, including, but not limited to damages for loss of profits, goodwill, use, data or other losses resulting from your use of or inability to use the Service, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if Bank had been informed of the possibility thereof.
E. Indemnification. Except where we are liable under the express terms of this Agreement or another agreement governing the applicable account or Service, you agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, Service Providers, and licensors harmless from any and all third-party claims, liability, damages, and/or costs (including but not limited to reasonable attorney?s fees) arising from the following:
? a third-party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other content or materials you submit to us;
? any fraud, manipulation, or other breach of this Agreement or the Service;
? your violation of any other applicable laws or rights of a third party, including but not limited to rights of privacy, publicity or other property rights; and
? the provision of the Service or use of the Service by you or any third party.
You are providing this indemnification without regard to whether our claim for indemnification is due to the use of the Service by you, your Authorized Representative or your Delegate.
F. Limitation of Service, Disclaimer of Warranties. The Bank will use reasonable efforts to make the Service available for your use, except for maintenance, technical difficulties, circumstances beyond the control of the Bank, including outages in Internet availability, or any issues related to your connectivity, technical or other difficulties. The Bank makes no warranty that the Service will meet your requirements or will be uninterrupted, timely, secure or error-free. The Bank reserves the right at all times to take actions to protect its systems and information, including denial of access to users of the Service. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES OF ANY KIND FOR THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
G. Ownership. You acknowledge and agree that all right, title and interest in and to the Services, Online Banking Website, and Mobile Banking Application, and all features, services, associated content, software, technology, and website(s), together with modifications, enhancements and derivative works, and all intellectual property rights such as copyrights, patents, and trade secrets, pertaining to the software (a) are and shall remain owned exclusively throughout the universe by Bank, its Service Providers, and its licensors, (b) represent or contain valuable rights of Bank and its licensors, and (c) are protected under United States patent, copyright, trademark and trade secret laws of general applicability. This Agreement does not create in you any rights to, and does not constitute an assignment of any rights of Bank or its licensors in and to, any copyrights, trade secrets, patents, or other intellectual property rights of Bank or such licensors. You may use the Online Banking Website and Mobile Banking Application solely for accessing the Services subject to the Terms thereof. You may not do any of the following to any such software: (i) modify, revise or create any derivative works; (ii) decompile, reverse engineer or otherwise attempt to derive the source code; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights; or (iv) remove or alter any proprietary notices, legends, symbols or labels, including, but not limited to, any trademark, logo or copyright.
H. Taxes. It is your responsibility to determine what, if any, taxes apply to any of the transactions you make or receive through the Services, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transactions, or for collecting, reporting or remitting any taxes arising from any transaction.
I. Cooperation with Investigations. You agree to cooperate with Bank if it becomes necessary for Bank, law enforcement, or a government agency to investigate any transaction or matter relating to any account enrolled in the Services, including by providing, upon request and without further cost, originals of checks or other records and communications related to the transaction or matter.
J. Enforceability. Bank may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
K. Email Address. You agree to maintain or update the email address that is provided when Customer first registers for Online Banking or any of the Services. The Bank uses Customer?s email address to communicate electronically, including sending important notices, delivery of alerts and notifications Customer may request. Email is not secure and Customer understands that there are risks associated with communicating via email, including the possibility of unauthorized access, failure to receive emails because they have been misdirected or sent to a spam folder, and the Customer?s inability to access email due to power outages, hardware or software malfunctions or failures of Customer?s computer or mobile device, or matters affecting the Internet or access to the Internet. Customers should not use or reply to an email to contact the Bank immediately (for example, to report unauthorized transaction or to stop payment on a check), and any urgent communications should be directed via telephone to the Bank?s Customer Contact Center at 844-822-6972. For security reasons, the Bank may not be able to respond to certain email requests.
L. Third Party Beneficiaries. We are offering you the Services through one or more Service Providers that we have engaged to render some or all of the Services to you on our behalf. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be intended third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. You agree that our Service Providers may rely on the provisions of this Agreement, including its disclaimers of warranties and any limitations on liability.
M. Governing Law. This Agreement will be read and interpreted according to the laws of the State of Pennsylvania, without regard to conflict-of-law rules.
N. Reasonableness of Security Procedures. You agree to abide by the security procedures set forth in Section III C., Security Procedures, of this Agreement. You acknowledge and agree that the Bank?s security procedures applicable to the Services as expressed in this Agreement are commercially reasonable for purposes of Article 4A of the Uniform Commercial Code. You agree that you will be solely responsible for ensuring compliance with the security procedures and that Bank shall have no liability for any losses you sustain as a result of a breach of security procedures if the Bank has substantially complied with the security procedures, except to the extent that such limitation of liability is limited or prohibited by applicable law or in the event that our Electronic Fund Transfer Disclosure is applicable to the electronic funds transfer or other error.
O. Confidential Information (Business Accounts Only). With respect to Business Accounts, you agree that we may send notices and other communications, including passcode confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that we will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: 1) keep all Security Credentials secure and strictly confidential, providing them only to authorized signers on your account(s); 2) instruct each person to whom you give your Security Credentials that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select new Security Credentials if you believe your passcode may have become known to an unauthorized person. We will have no liability to you for any unauthorized payment or transfer made using your Security Credentials that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your Security Credentials even without receiving such notice from you, if we suspect your Security Credentials are being used in an unauthorized or fraudulent manner.
P. Errors. You hereby acknowledge that the Bank?s security procedures are not designed to, not intended to, and do not detect errors in the content or transmission of any instruction or transaction to Bank. Accordingly, any errors contained in your content, transmission, or instructions shall be your responsibility. Bank shall not be responsible for detecting any error in any instruction and shall not be liable for any failure to detect any error. You acknowledge that no security procedure for the detection of any error has been agreed upon between us.
Q. Effectiveness. You agree to all the terms and conditions of this Agreement. This Agreement replaces and supersedes all prior agreements on file with respect to these Services and shall remain in full force and effect until termination or such time as a different or amended agreement is accepted by the Bank or the Agreement is terminated.
VI. Electronic Funds Transfer Liability (Applicable Only to Consumer Accounts).
***These provisions do not apply to Business Accounts***
A. Applicability. The provisions in this section VI apply only to those electronic funds transfers performed through the Services that debit or credit a Consumer Account and are subject to the Consumer Financial Protection Bureau?s Regulation E. When applicable, we may rely on any exceptions to the provisions in this Section that are covered in Consumer Financial Protection Bureau?s Regulation E. All terms in this Section not defined in this Agreement but defined in Regulation E will have the meaning given in Regulation E.
B. Your Liability. Your liability for an unauthorized electronic funds transfers or a series of related unauthorized electronic funds transfers will be determined as follows:
If you notify us: Your Liability Will Not Exceed:
Within two Business Days after learning of the loss or theft of your password $50, or the amount of unauthorized Electronic Fund Transfers that occur before notice to us, whichever is less.
More than two Business Days after learning of the loss or theft of your password $500; or $50, plus the amount of unauthorized Electronic Fund Transfers that occurred within the two Business Days, plus the amount of unauthorized Electronic Fund Transfers that occur after the close of two Business Days and before notice to us.
To avoid liability for subsequent unauthorized transfers, you must report unauthorized transfers that appear on a periodic statement within 60 calendar days of our transmittal of the statement. If you don?t, your liability won?t exceed the amount of the unauthorized transfers that occur after the close of the 60 calendar days and before notice to us, and that we establish would not have occurred had you notified us within the 60 calendar day period. You may also be liable for the amounts described in the table above. If your delay in notifying us was due to extenuating circumstances, we may extend the times specified in the immediately preceding paragraphs to a reasonable period in the exercise of our discretion.
C. Notification of Errors/Unauthorized Electronic Funds Transfers/Questions. Here?s how to notify us when you believe that an error, unauthorized EFT, or unauthorized transfer has been or may have been made:
1. Phone. Contact our Customer Contact Center at 1-844-822-6972.
2. Paper Mail. Write to us at NWSB Bank, c/o Electronic Services, P.O. Box 3129, Gettysburg, PA 17325.
3. Visit one of our branches.
We must hear from you no later than 60 calendar days after the date we send the FIRST statement on which the problem or error appeared. If you tell us verbally, we may require you to send us your complaint or question in writing or via email within ten (10) bank business days. When you contact us, please provide the following information:
? your name and account number;
? the date and dollar amount of the transaction in question or suspected error;
? the name of the Payee if the transaction in question is a payment; and
? a description of the transaction or suspected error, including all pertinent facts or information regarding erroneous, fraudulent, suspicious, or unauthorized transfers.
Please explain as clearly as you can why you believe there is an error or why you need more information.
We will tell you the results of our investigation within ten (10) bank business days after we hear from you, and we will promptly correct any error we have made. If we need more time, however, we may take up to 45 days to investigate your complaint or question. In this case, we will provisionally credit your account within ten (10) bank business days for the amount you think is in error, so that you 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 your letter in ten (10) bank business days, we reserve the right not to provisionally credit your account.
For errors involving new accounts, point-of-sale or foreign-initiated transactions, our investigation may take up to 90 calendar days. For new accounts, we may take up to 20 bank business days to credit your account for the amount you think is in error.
If we conclude there was no error, we will send you a written explanation within three (3) bank business days after we complete our investigation. You may request copies of the documents that we used in our investigation.
Note: These liability rules are established by Regulation E, which implements the federal Electronic Fund Transfer Act and does not apply to business accounts. Our liability policy regarding unauthorized debit card or ATM Card transactions may give you more protection, provided you report the transactions promptly. Please see the agreement and disclosures you received with your ATM or debit card.