FLORIDA COMMUNITY BANK Consumer Electronic Banking and Bill Pay Agreement
Effective Date: August 28, 2014
I. GENERAL DESCRIPTION
1. This Online Banking and Bill Pay Agreement (the "Agreement") describes your rights and obligations as a user of the online banking services, the Bill Pay Service, and other services listed herein (collectively the "Service"). The Service permits our customers to perform a number of banking functions on account(s) linked to the Service through the use of a personal computer or web-enabled mobile telephone or personal digital assistant (a "Mobile Device"). It also describes the rights and obligations of Florida Community Bank (the "Bank"). Please read this Agreement carefully. By requesting and using one of the Services, you agree to comply with the terms and conditions of this Agreement.
2. Your use of the Service may also be governed by separate agreements between you and Bank. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account and provided to you separately. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an Eligible Account with the Service. You may also be asked to agree to terms and conditions supplied by third parties to use some of the Services. You should carefully review any and all such agreements before agreeing to them.
B. Electronic Consent Disclosure
1. Please read this Electronic Consent Disclosure and retain a copy for your records. You understand and agree that Bank may provide to you in electronic format, any and all agreements, disclosures, notices, and statements and other information and communications regarding your accounts, services and products through the Service, including any products or services made available to you in the future. We will deliver this Agreement to you in an electronic format. We may also deliver other disclosures to you in an electronic format, including but not limited to amendments to this Agreement, or any other Bank agreements, deposit account disclosures, notices regarding changes to deposit account terms and fees, privacy notices, all notices required to be delivered under the terms of this Agreement, account information, account activity, account inactivity, payments made or due, account statements or other statements (collectively "Electronic Disclosures"). When changes are made to this Agreement or the Service, we will notify you within the timing and using the methods required by applicable law. We reserve the right to furnish to you and the right to require you to furnish us with paper copies of information in lieu of and/or in addition to the Electronic Disclosures. Some Electronic Disclosures are not accessible via a Mobile Device.
2. Bank may make Electronic Disclosures available to you by posting the information through the Service or at any Bank website or transmitting them to you at the email address provided at the time you enrolled for the Service. Please ensure that your email address is correct and remains current. If the email address we have for you is incorrect, you will not receive any email notifications nor will we send you a paper notice in lieu of an email notification. It is your sole responsibility to provide Bank with a correct and current email address.
3. System requirements in order to access and retain the Electronic Disclosures:
- Internet access;
- A computer with an Internet browser that is capable of SSL, 128 bit encryption. Please note for security purposes, you should use the most current version of either: Microsoft Internet Explorer or Mozilla Firefox for PC users. Mac users should use the most current version of Safari or Firefox. The most current browser versions are typically more secure and will support 128 bit encryption.
- Access to a printer and/or storage medium such as a hard drive for downloading information and/or printing disclosures for your records; and
- An email address accessible via the Internet.
Bank may revise hardware and software requirements at any time, and if there is a material change that may impact your ability to access the Electronic Disclosures, we will notify you of these changes in advance and provide you an opportunity to change your method of receiving Electronic Disclosures (e.g. change to paper format vs. an electronic format), without the imposition of fees.
4. Canceling Electronic Disclosures. After consenting to this Agreement, you will be able to cancel electronic delivery preferences as follows:
- You may cancel the delivery of Electronic Disclosures at any time by calling us at 1-866-764-0006, or writing to us at:
Florida Community Bank
1261 Homestead Road North
Lehigh Acres, FL 33936
Attn: Online Client Services
In addition to other terms defined in this Agreement, the following definitions apply to this Agreement:
"Agreement" means the terms and conditions of this Online Banking and Bill Pay Agreement, as amended from time to time.
"Authorized User" means, if you are an individual, you or any individual or agent whom you allow to be an authorized signer, use the Services or your User ID and/or Password or any individual or agent whom you give any information, access device or other means to access your Eligible Account(s), and if you are a business, any individual or agent who is allowed to be an authorized signer on your Eligible Account(s), use the Services or your User ID or Password or any individual or agent whom you give any information, access device or other means to access your Eligible Account(s).
"Bill Pay Service" means the online service that enables the scheduling of bill payments using a personal computer or other internet-based device through our Bill Pay Service Provider.
"Bill Payment Account(s)" means the account(s) from which bill payments will be debited.
"Biller" means the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
"Billing Account" means the account from which all Bill Pay Service fees, if any, will be automatically debited.
"Business Day" means every Monday through Friday, excluding Federal Reserve holidays.
"Due Date" means the date reflected on your Biller statement for which payment is due; it is not the late date or grace period.
"Eligible Account" means any one of your account(s) with us to which we may allow access via the Service pursuant to the terms and conditions of this Agreement; provided, however, that only a checking account is eligible for Bill Pay Service privileges. We, in our sole discretion, may make additional account(s) available for the Bill Pay Service, from time to time, as allowed by law or our Bill Pay Service Provider.
To be an Eligible Account for the Services, if you are an individual, the account must be titled in your name either individually or jointly, or, if you are a business, the account must be titled in the name of the business and provide for an individual who is an authorized signer on the account and has been authorized to use the Services on your behalf. As long as you use the Services, you agree to maintain one or more Eligible Account(s) with us and to keep sufficient balances in any such account(s) to cover any transaction and fees that are ultimately approved by or related to the Services.
"Password" is the customer-generated code selected by you for use during the initial sign-on, or any code you select after the initial sign-on, that establishes your connection to the Service.
"We, us or our" means Bank or any agent, independent contractor, subcontractor, service provider, licensor, designee, or assignee Bank may involve in the provision of the Service.
"You or your" means any person(s) subscribing to or using the Service.
D. Enrollment and Access to the Service
You will gain access to the Service through the use of your Internet-enabled device, your ISP, your User ID and your Password. Generally, you may access the Service 24 hours a day, seven (7) days a week. However, availability of the Service may be suspended for brief periods of time for purposes of maintenance, updating and revising the software.
You will determine your permanent password; your permanent password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept full responsibility for the confidentiality and security of your password. For security purposes, you will be required to change your password every 365 days. Upon three (3) unsuccessful attempts to use your password, your access to the Service will be revoked. To reestablish your authorization to use the Service, you must contact us to have your password reset or to obtain a new temporary password. We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for security purposes.
The Service can be used to access the accounts that you have designated for access in your enrollment form. Access to your account through the Service will be based upon the information specified by you in your enrollment form. We undertake no obligation to monitor transactions through the Service to determine that they are made on behalf of the accountholder.
You understand the importance of your role in preventing misuse of your accounts through the Service and you agree to promptly examine your periodic statement for each of your accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. You agree to the following security measures:
1. User IDs and Passwords - One of the main security features protecting the Service against unauthorized entry and access to your accounts is the unique combination of your User ID and Password
During the online enrollment process, you will be asked to choose a Password and Unique User ID that will be used to gain access to the service. Once you determine your own password, it will be encrypted into our database. If you enroll in the branch, you will be given a User ID and Temporary Password. You determine your own Password, which is encrypted in our database. Neither Bank nor any of its Service Providers have access to your Password. After three (3) unsuccessful log-in attempts within a 24-hour timeframe we will deactivate your Service. The following procedures should be strictly followed in maintaining and selecting your Password:
- Password should be between 8 and 12 characters long;
- Password should contain at least 1 numeric and 1 alpha character;
- Password cannot be the same as your User ID;
- Longer Passwords are more secure;
- Because your Password is used to access your Eligible Account(s), you should treat it as you would any other sensitive personal data;
- You should carefully select a Password that is hard to guess;
- You should not use words or numbers based on your name, address, social security number, birth date, or other personal information;
- Try using special characters (@,#,$) in place of letters to increase security;
- Memorize your Password and DO NOT write it down;
- You will be asked to change your Password every 365 days;
- A Password should be changed immediately if you suspect that your Password has been compromised; and
- Neither Bank nor its Service Providers will contact you via telephone or email requesting personal information, your User ID, or your Password. If you are contacted by anyone requesting this information, please do not provide them any information and contact us immediately.
2. Confidentiality and Fraud Prevention - You agree not to give or make available your Password or other means to access your account to any unauthorized individuals. You are responsible for any and all payments you or an Authorized User make using the Service. If you permit other persons to use the Service or your Password or other means to access your account, you are responsible for any transactions they authorize.
You are solely responsible for keeping your Password and online account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:
- Do not give out your account information, Password, or User ID;
- Do not leave your PC unattended while you are using the Service;
- Never leave your account information within range of others; and
- Do not send privileged account information (account number, Password, etc.) in any public or unsecured e-mail system.
If you believe your Password has been lost or stolen, or if you suspect any fraudulent activity on your account, contact Bank immediately by one of the following:
- Calling us at: 1-866-764-0006, or
- Emailing us at: firstname.lastname@example.org
- Writing to us at:
Florida Community Bank
1261 Homestead Road North
Lehigh Acres, FL 33936
- Contacting one of our local branch offices
3. Log-On Security. To help protect access to your Eligible Account(s), your online session will end if we detect no activity for the Timeout Period. The Timeout Period is automatically set for fifteen (15) minutes. For Mobile Devices, your online session will end if we detect no activity for fifteen (15) minutes. This is to help protect you in case you accidentally leave your computer or Mobile Device unattended after you have logged on. When you return to your computer or Mobile Device, you will be prompted to re-enter your Password.
4. Encryption. Data transferred via the Service is encrypted in an effort to provide transmission security and the Service utilizes identification technology verify that the sender and receiver of the Service transmission can be appropriately identified by each other. The Service uses the Secure Socket Layer ("SSL") encryption technology for everything you do while using Service. Your Internet browser automatically activates SSL when it connects to the Service. The Service currently requires that you use a personal computer with an Internet browser that is capable of SSL, 128-bit encryption or web-enabled Mobile Device. The Service may warn you if your Internet browser does not meet this requirement. Whenever SSL is securing your communications, the Internet browser will typically indicate this secure session by changing the appearance of a small icon of a padlock that may be located either at the top or bottom of your screen from open to locked. What this means to you is that your communications within our site are encrypted from your Internet browser to our servers.
We are not responsible and you agree to hold us harmless for security breaches caused by or arising from your Internet Service Provider or through your Mobile Device service provider, telephone, DSL, ISN or cable access.
5. Virus Protection and Firewalls. You should routinely scan your computer and Mobile Device (if available) using a reliable virus detection and anti-spyware product. Undetected or unrepaired viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit the virus to other computers. You should also utilize a firewall (hardware and/or software), especially if you have a broadband Internet connection such as DSL or cable modem.
You are solely responsible for the maintenance, installation and operation of your computer, Mobile Device and software used in accessing the Service. We are not responsible for and you agree to hold us harmless from any damages, losses, costs, errors, deletions, or failures that occur as a result of or in connection with any malfunction of your computer, Mobile Device or software, or your failure to obtain adequate online security hardware and software, nor will we be responsible for any computer viruses that, or any other third-party attempts to, affect your computer, Mobile Device or software while using the Service.
Notwithstanding our efforts to insure that the Service is secure, you acknowledge that the internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Service or email transmitted to and from us, will not be monitored or read by others.
The account information services, Bill Pay Service and internal transfers are available to you at no monthly charge. However, there may be separate charges for Service related functions such as stop payments or similar services. Please refer to our current Schedule of Charges and the particular service agreement for a particular Service for additional information on fees and service charges. There may be a charge for other optional services. You agree to pay such charges and authorize our third party service provider to bill you directly or Bank to automatically deduct any and all such charges from your account.
You are solely responsible for any and all telephone access fees, Mobile Device and/or Internet service fees that may be assessed by your telephone, Mobile Device service provider and/or Internet Service Provider.
F. Auto-Linked Accounts
All accounts with Bank that you enroll in the Service will be linked by the tax identification numbers of the person authorized to access the account. For example, if an Authorized User of a linked account accesses the Service, that Authorized User will be able to view and access at a single time the following accounts:
- the accounts of the business for which that person is an Authorized User; and
- any consumer accounts for which the person is a co-owner or an authorized signer.
G. Business Accounts
If you are a business, any Authorized User of your business is authorized on such terms, conditions, and agreements as we may require to:
- enter into this Agreement;
- access each account of yours in any manner and for any purpose available through the Service, whether now available or available at some time in the future; and
- use any Service in any manner and for any purpose available under this Agreement, whether now available or available at some time in the future.
A. You authorize Bank to provide the following Services through such third-party service providers as Bank may select from time to time. Bank reserves the right to modify the Services offered from time to time. By using any Service when it becomes available, you agree to be bound by the terms and conditions made available to you concerning the Service by Bank or its third-party service provider. During the term of this Agreement, you may:
- View/print account balances, statements, transactional detail history, images of cleared checks and deposit tickets;
- Add/manage account alerts
- Make online bill payments;
- Turn on/off paper statements;
- Place Stop Payments on checks that you have written;
- Set up one-time, recurring and future-dated transfers between Eligible Accounts;
- Reorder checks;
- Send secure messages to us through the Service;
- Elect Mobile Banking;
B. Mobile Banking Service
For Service accessed through a Mobile Device, the following features are currently available:
- View Eligible Account balances, transactional detail and history;
- Set up one-time, recurring and future-dated transfers between Bank Eligible Accounts;
- Pay existing payees using the Bill Pay Service; and
- Receive text messages with account balances and limited transaction history.
We may add or remove certain features and/or functionality from the Service from time to time.
C. The Bill Payment Service
You must designate the Eligible Account from which the payments are to be made; the complete name of the payee, the account number, and the payee’s remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be debited from your account. If the date you want the payment to be debited from your account is not a Business Day, your account will be debited the next Business Day. By using the bill payment service, you agree that, based upon instructions received under your Password, we can charge your designated account by electronic transfer, “no signature required draft”, or by debiting and remitting funds on your behalf. You also agree that all your bill payments will be charged to your Eligible Account. We reserve the right to refuse auto pay any payee designated by you. If we do so, we will notify you accordingly.
1. Payment Scheduling - If the payee is to be paid by paper check (as indicated on the Bill Payer list), you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until five (5) to eight (8) business days after the date the payment is debited from your account. If the payee is to be paid electronically (as indicated on the Bill Payer list), you understand and agree that the payee may not receive the payment until 72 hours after the date the payment is debited from your account. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account.
2. Payment Cancellation Requests - To cancel a bill payment that you have scheduled through the bill payment service you must cancel the payment online (through the bill payment service, following the online screen instructions) before 8:00 PM (Eastern Standard Time) on the date the payment is scheduled to be debited from your account.
3. Stop Payment Requests (for bill payment service) - Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment that has been paid electronically. You may be able to stop a bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will immediately process your stop payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop payment request must precisely identify the name of the payee, the payee assigned account number, the amount, the scheduled date of the payment and the ID number from the bill payment view posting screen. Stop payment charges for online bill payment paper drafts will be for the applicable account type, as detailed in our most current schedule of charges.
4. Prohibited Payments - Payments to Billers outside of the United States or its territories are prohibited through the Bill Payment Service.
5. Failed or Returned Transactions - In using the Bill Payment Service, you are requesting the Bill Payment Service to make payments for you from your Bill Payment Account. If we are unable to complete the transaction for any reason associated with your Bill Payment Account (for example, there are insufficient funds in your Bill Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Bill Payment Service. In such case, you agree that:
a. You will reimburse the Bill Payment Service immediately upon demand the transaction amount that has been returned to the Service;
b. You will reimburse the Bill Payment Service for any fees imposed by your financial institution as a result of the return;
c. You will reimburse the Bill Payment Service for any fees it incurs in attempting to collect the amount of the return from you; and
d. The Service is authorized to report the facts concerning the return to any credit reporting agency.
6. Service Termination, Cancellation or Suspension - In the event you wish to cancel the Bill Payment Service, you may cancel at any time by calling us at 1-866-764-0006, email us at email@example.com or writing to us at:
Florida Community Bank
1261 Homestead Road North
Lehigh Acres, FL 33936
Attn: Online Client Services
Any payment(s) the Bill Payment Service has already processed before the requested cancellation date will be completed by the Bill Payment Service. All scheduled payments including recurring payments will not be processed once the Bill Payment Service is cancelled. The Bill Payment Service may terminate or suspend Bill Payment Service to you at any time. Neither termination nor suspension shall affect your liability or obligations with the Bill Payment Service.
7. Biller Limitation - The Bill Payment Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment as provided herein.
G. Stop Payment Order for Non-Bill Payment Service Transactions
You may initiate stop payment request online via the Service only for paper checks you have written (non-electronically) on your Eligible Account (not a bill payment service paper draft). Online stop payment requests are processed on the business day following the date the stop payment has been requested online. To be effective, this type of stop payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check. If you make your stop payment request online or by telephone we may also require you to put your request in the form of paper writing and get it to us within 14 days after you call or initiate an online request. You will incur stop payment charges as disclosed in our most recent schedule of charges for the applicable account type.
H. Periodic Statements
You will not receive a separate Service statement. Transfer to and from your accounts using the Service will appear on the respective periodic paper or electronic statements for your Eligible Account(s).
I. Overdrafts (Order of Payments, Transfers and other Withdrawals)
If your account has insufficient funds to perform all electronic fund transfers you have requested for a given Business Day, then:
- Electronic fund transfers involving currency disbursements, like ATM withdrawals, will have priority;
- Electronic fund transfers initiated through the Service that would result in an overdraft to your account, may, at our full discretion, be cancelled;
- In the event the electronic fund transfers initiated through the Service would result in an overdraft of your account, are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
J. Posting of Transfers
Transfers initiated through the Service before 10:00 PM (Eastern Standard Time) on a Business Day are posted to your account the same day. Transfers completed after 10:00 PM (Eastern Standard Time) on a Business Day, Saturday, Sunday or banking holiday, will be posted on the next Business Day. The Service identifies transfers based upon the User ID of the person who made the electronic transfer. Accordingly, you understand and acknowledge that the scheduled transfers and scheduled bill payments will not reflect transfers made by multiple users from the same account if they utilize different User IDs to gain access to the account. You agree to communicate with any other persons with whom you have authorized access to your account(s) concerning any transfers or bill payments from your account in order to avoid overdrafts.
K. Bill Payment and Transfer Limitations
The number of transfers from your Eligible Account(s) and the amounts that may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. You must have sufficient and available funds in your account to cover the amount of any online transaction (i.e., bill payments or transfers) on the date that you schedule such a transaction, or the transaction may not be processed. Unavailable funds, non-sufficient funds (NSF) and/or other overdraft charges may be incurred if the amount of your transaction exceeds the amount of available funds in the Eligible Account. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires and/or the funds are made available.
III. REGULATION E DISCLOSURES (Applicable Only to Consumer Accounts, as defined by Regulation E.)
A. Consumer Liability.
Your Liability for Unauthorized Transfers. If you tell us within two (2) Business Days after you discover your Password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your Password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent or provided to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
B. Contact in Event of Unauthorized Transfer.
In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:
- Sending us a secure message through the Service; or
- Contacting one of our local branch offices; or
- Contacting us by telephone at: 1-866-764-0006; or
- Write us at: Florida Community Bank
1255 Tamiami Trail
Port Charlotte, Fl 33953
Attn: Deposit Operations
If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent or provided to you on which the problem or error appears. You must:
- Tell us your name, account number, and User ID.
- Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and
- Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
D. Preauthorized Payments
1. Right to Stop Payment and Procedure for Doing So. If you have told us in advance to make recurring transfers from your account(s) (other than in the Bill Payment Service) you can stop any of these payments by contacting us at least three (3) Business Days before the transfer is scheduled by one of the following methods:
- Contacting us by telephone at: 1-866-764-0006; or
- Write us at: Florida Community Bank
1255 Tamiami Trail
Port Charlotte, Fl 33953
Attn: Deposit Operations
If you contact us by phone, we may also require the request to be confirmed in writing and received by us within fourteen (14) days after you contact us by phone. You must tell us the exact amount of the payment you have stopped as well as other identifying information which we will request. Charges for stop payment orders are listed in the current Schedule of Charges.
2. Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.)
3. Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments at least three (3) Business Days or more before the transfer is scheduled, and we do not do so, we will only be liable for the amount of the payment less any amounts you may recover. Provided, however, you agree that in no event shall Bank be liable for losses or damages in excess of your actual direct loss or damages due to our failure to cancel a transfer, and we will not in any event be liable for any incidental, special, or consequential damages.
IV. OTHER TERMS AND CONDITIONS
A. Service Termination, Cancellation or Suspension
In the event you wish to cancel the Service, you may do so at any time by providing us with written notice by postal mail or fax. Your access to the Service will be suspended within three (3) Business Days of our receipt of your instructions to cancel the Service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
You agree that we may terminate or suspend all or any portion of the Service at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement. Access to the Service may be canceled in whole or in part without prior notice due to insufficient funds in one of your Eligible Account(s) or other circumstances in our sole discretion. If your Eligible Account(s) is closed or restricted for any reason, the Service accessibility will automatically terminate. In order to reinstate the Service, you must call our Customer Service Center at 1-866-764-0006. We reserve the right to terminate the Service if there has been no activity for an extended period, generally defined as 80 days. We may add or remove certain features, services and/or functionality from time to time in our sole discretion.
B. Service Hours
1. Cut-off time using the Bill Pay Service. The cut-off time using the Bill Pay Service is 8:00 p.m. (Eastern Standard Time) on a Business Day. All payments submitted after the cut-off time or on a non-bank Business Day, will be processed on the next Business Day. Bank's Business Day begins at 9:00 a.m. (Eastern Standard Time).
2. Cut-off time for internal transfers. Internal transfers between your deposit and loan accounts with us are processed 365 days a year. The cutoff time for internal transfers is 10:00 p.m. (Eastern Standard Time). With respect to pre-scheduled (future dated/recurring) transfers you may make edits any time before 10:00 p.m. (Eastern Standard Time) on the day before the scheduled transfer date.
C. Transfers from Money Market and Savings Accounts
Federal Regulations require Bank to limit preauthorized transfers (including online banking transfers). You are permitted no more than 6 transfers and withdrawals (or a combination of same) to your other accounts or to a third party per statement cycle by means of preauthorized or automatic transfers, internet banking, telephone transfers, check, draft, debit card, or similar order. In determining when a transfer is made, we use the date the transfer is made or the date the check is paid. If these limitations are routinely exceeded more than 3 times in a rolling 12 month period, we will convert the account to a non interest-bearing checking account. A fee will apply for each transaction in excess of the limitations.
D. Your Account
You agree to maintain one or more active accounts with us from which you will make the payment transactions initiated through the Service. You agree to keep a balance in your account sufficient to cover all payment transactions and all fees for which you are responsible in connection with the Service. We will not be liable to you for any losses caused by the closing of your account, any levy or execution upon your account, or by your failure to keep sufficient funds in your account.
E. Joint Accounts
If the accounts you have designated for access through the Bill Payment Services or though any portion of the Service include both joint accounts and accounts which are in your name only, then the other customer(s) on the joint account will have access to all accounts designated, including the accounts which are in your name only. By designating for inclusion of both joint accounts and accounts which are in your name only, you consent and agree to such access and you ratify all transactions which the other customer(s) may make on accounts which are in your name only, just as if the other customer(s) were authorized signers or makers on accounts which are in your name only, and Bank shall not be responsible for any resulting losses or damages.
F. Disclosure of Account Information to Third Parties
It is our general policy and the policy of our service providers to treat your account information as confidential. However, we may disclose information to third parties about your account or the transactions you make ONLY in the following situations:
1. Where it is necessary for completing transactions;
2. Where it is necessary for activating additional services;
3. In order to verify the existence and condition of your account to a third party, such as a credit bureau;
4. To a consumer reporting agency for research purposes only;
5. In order to comply with a governmental agency or court orders; or
6. If you give us your written permission.
G. Address, Email, or Bill Payment Account Changes
When you enroll in the Service, we may send you a "Welcome" email. We will also send you emails and/or secure message replies through the Service regarding important Service matters and/or changes to this Agreement. You must maintain your current email address with us in order for us to deliver this information to you. It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the system r by contacting our Customer Service Center at 1-866-746-0006. Any changes in your Bill Payment Account should also be made in accordance with the procedures outlined above. Notwithstanding anything else to the contrary, we shall not be responsible for any payment processing errors or fees incurred if you do not provide and maintain accurate Bill Payment Account or contact information.
H. Privacy Statement
I. Acknowledgment of Commercially Reasonable Security Procedures
By using the Service, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described herein (and we had a reasonable opportunity to act on such notice).
J. No Unlawful or Prohibited Use
As a condition of using the Service, you represent and warrant to us that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair Bank’s online system or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
The captions of sections of this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
1. This Agreement, applicable fees and service charges may be altered or amended from time to time by us. In such event, we will provide you with notice within the timing and using the methods required by applicable law. You acknowledge and agree that we are permitted to revise and amend this Agreement by any one of the following means: posting notice of the changes in our buildings, enclosing notice in or with a statement, sending notice to you, posting on the Service, or posting on our website. Your use of the Service after the effective date of any amendment will constitute your acceptance of the terms of the amendment. You should frequently visit our website, and regularly review your secure messages, for any such amendments. Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and to limit the application of this Agreement, as amended, to the more recent revisions and updates. In addition, if you agreed to receive all legally required notifications via electronic means (such as with the Bill Payment Service), you agree to receive all alterations, amendments, and warranty notifications via electronic means.
2. Third Parties. You agree that we are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Microsoft (Microsoft Explorer browser), by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access your Eligible Account(s).
Except as may be limited by applicable law, you agree to indemnify, defend and hold harmless us, our parent and affiliates and their respective shareholders, directors, officers, employees, representatives, service providers and agents from and against any and all losses, claims, liabilities, damages, expenses and/or costs of any kind (including, but not limited to, reasonable attorneys’ fees and costs) arising from or related to (i) the use of the Service(s) by you or an Authorized User, (ii) our reliance on the information, instruction(s), direction(s), license(s) and/or authorization(s) provided by you or an Authorized User(s) under or pursuant to this Agreement, or (iii) your violation or infringement, or infringement by your Authorized User, of any of our intellectual property rights or other rights of any other person or entity.
You may not assign this Agreement to any other party. We may assign this Agreement to any directly or indirectly affiliated or unaffiliated entity. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties, including, without limitation, any Bill Pay Service Provider.
O. No Waiver
We shall not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
In the event of a dispute relating to the Service, you agree to resolve the dispute by looking solely to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. Any conflict between what our employees, our agents, any service providers, or our customer service department(s) says and the terms of this Agreement, the terms of this Agreement will prevail.
Q. Ownership of Material
The trademarks, logos, and service marks (collectively, the "Trademarks") displayed in this Agreement or in the Service are registered and unregistered Trademarks of Bank and others. Nothing contained in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service without the prior written consent of us or such third party that may own the Trademarks displayed on the Service. The Trademarks displayed on the Service may not be used other than in accordance with this Agreement. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law.
R. Waiver of Trial by Jury
The parties hereto hereby knowingly, voluntarily and intentionally waive any rights they may have to a trial by jury in any suit, action, proceeding or litigation in any court with respect to, or in connection with, arising out of, or otherwise related to, this Agreement and its subject matter, any transaction effectuated by you through the Service, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party hereto or relevant to the transactions contemplated hereby. This provision is a material inducement for all of the parties hereto to enter into this Agreement.
CLASS ACTION WAIVER: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
S. Exclusion of Warranties
You understand and agree that the online Service and services are provided "as is", "as available" without representation or warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose or non-infringement of intellectual property or other third party rights. Except as otherwise expressly provided in this agreement, or as required by law, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You understand and expressly agree that use of the service is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the Service is downloaded or obtained at your sole discretion and risk and that you will be solely responsible for any LOSSES, liability, CLAIMS, COSTS, EXPENSES OR OTHER damages, including, without limitation, damage to your computer system or loss of data that results from the download or the obtaining of such material and/or data.
T. Disclaimer of Warranties
Except as expressly set forth in this agreement, we disclaim all warranties of any kind, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement of intellectual property or other third party rights, and we make no warranty or representation regarding your equipment, software, the results that may be obtained from the use of the Service, the accuracy or reliability of any information obtained through the Service, the accuracy of any information retrieved by us from the Eligible Accounts or that the Service will meet any of user’s requirements, be uninterrupted, timely, secure or error free.
U. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY AS EXPRESSLY SET FORTH IN This agreement shall constitute our entire liability TO YOU and your sole and exclusive remedy under this agreement or otherwise. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF), LOST DATA, BUSINESS INTERRUPTION, ATTORNEY’S FEES, OR CLAIMS OF ANY PARTIES, WHETHER BASED IN LAW OR IN EQUITY OR ON STATUTE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (COLLECTIVELY, "SPECIAL DAMAGES") ARISING IN ANY WAY UNDER THIS AGREEMENT OR FROM YOUR USE OF THE SERVICE(S).
WITHOUT LIMITING GENERALITY OF THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT OR SPECIAL DAMAGES RESULTING FROM, IN WHOLE OR IN PART, ANY ACT OR FAILURE TO ACT OF YOUR EQUIPMENT OR SOFTWARE, OR THAT OF AN INTERNET SERVICE PROVIDER, TELECOMMUNICATIONS OR CELLULAR PROVIDER, INTERNET ACCESS PROVIDER, OR INTERNET BROWSER PROVIDER, BY AN ONLINE SERVICE PROVIDER OR BY AN AGENT OR SUBCONTRACTOR FOR ANY OF THEM, FROM ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ELIGIBLE ACCOUNTS, FROM ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, FROM ANY VIRUS, WORM, TROJAN HORSE, OR OTHER SIMILAR HARMFUL COMPONENTS THAT MAY ENTER YOUR COMPUTER SYSTEM BY DOWNLOADING INFORMATION, SOFTWARE, OR OTHER MATERIALS FROM THE SERVICE, FROM ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF AN AUTHORIZED USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR FOR ANY REASON ARISING IN ANY WAY OUT OF OR IN ANY WAY IN CONNECTION WITH THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE(S).
V. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida, without regard to its choice of law provisions. You may not institute litigation against Bank for any matter arising out of this Agreement unless you shall first, in writing, advise us that mediation has been scheduled before a mediator in Broward County, Florida, to attempt to mediate such dispute. Bank shall have ten (10) Business Days in which to accept the mediator or offer the name of another mediator. If all parties cannot agree upon a mediator, the two mediators so designated shall select a third impartial mediator. This provision may be enforced by us through a motion to dismiss any litigation instituted before mediation has been conducted.
Each party hereto agrees to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Broward County, Florida, for the resolution of all disputes and/or causes of action arising out of or relating to this Agreement, and all transactions contemplated hereunder, and each party hereby waives all questions of personal jurisdiction and venue to such courts, including but not limited to, the claim or defense that such courts constitute an inconvenient forum. You agree that if there is any inconsistency between the terms of this Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement.
Notwithstanding the foregoing, you agree that any dispute solely between you and the Bill Payment Service provider shall not be governed by this section and any such dispute shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions.