Internet Banking Agreement &
Disclosure
Please read this agreement carefully
before following the link
at the bottom of this page.
ONLINE BANKING AGREEMENT AND DISCLOSURE
This Online Banking Agreement and Disclosure
("Agreement") describes your rights and obligations as a user of the
Online Banking service or the Bill Payment service ("Services"). It
also describes the rights and obligations of First Federal Savings and Loan
Association of Bath ("Bank"). Please read this Agreement carefully.
By requesting and using one of these Services, you agree to comply with the
terms and conditions of this Agreement.
I.
Definitions
The following definitions apply in this Agreement:
1.
"Authorized Representative" refers to a person with
authority (with respect to the account);
2.
"Bill Payment" is the online service that enables the
scheduling of bill payments using a personal computer or mobile device;
3.
"ISP" refers to your Internet Service Provider;
4.
"Online Banking" is the internet-based service providing
access to your Bank account(s);
5.
"Online Account" means the Bank account from which you
will be conducting transactions using a Service;
6.
"Password" is the customer-generated code selected by
you for use during the initial sign-on, or the codes you select after the
initial sign-on, that establishes your connection to the Service;
7.
"PC" means your personal computer which enables you,
with the Internet browser and ISP, to access your Online Account;
8.
"Time of day" references are to Eastern Standard Time;
9.
"User ID" is the Bank-generated identification code
assigned to you for your initial connection to the Service, thereafter it can
be changed by you;
10.
"We", "us", or "Bank" refer to First
Federal Savings and Loan Association of Bath, which offers the Services,
and which holds the accounts accessed by the Services; and
11.
"You" or "your" refers to the owner of the
account or the authorized representative.
12. "Effective Date" refers to the date the transaction has taken
effect.
13. "Primary Account" refers to a checking account that you must
designate as the "Primary" if you use Bill Payment. It is the account from
which service fees will be debited.
II.
Access to Services
The Bank will provide instructions on how to use the Online
Banking and Bill payment Services. Depending upon technological limitations
that may be beyond the control of the bank, you will gain access to your Online
Accounts through the use of your Internet-enabled
device, your ISP, your Password and your User ID. You may access your Online
Accounts 24 hours a day, seven (7) days a week. However, availability of the
Services may be suspended for brief periods of time for purposes of
maintenance, updating and revising the software.
For purposes of transactions, the Bank's business days are
[Monday through Friday], excluding holidays and weekends. All Online Banking
transaction requests received after 4:00 p.m. on business days and all
transactions which are requested on Saturdays, Sundays, or holidays on which
the Bank chooses to remain closed, will be processed on the Bank's next
business day. The Bank's business day begins at 9:00 am.
III.
Banking Transactions with Online Banking
A. Account Access. You may access your
Bank personal accounts online. One of these accounts must be a primary account,
if you elect to use Bill Pay. Once you have selected your primary account you
may select additional accounts including other checking, savings, certificates
of deposit or loan accounts. You must contact us to allow access to additional
accounts.
B. Transfer of Funds. In addition to
viewing account information, you may use Online Banking to conduct the transfer
of funds between your accounts. You may make one-time transfers or schedule
future or recurring transfers such as transfers to make loan payments. You may
transfer funds among your checking accounts, savings accounts, and money market
accounts. Please Note: transfers can
only take place between First Federal Savings and Loan Association of Bath accounts.
NOTE: Because regulations
require the Bank to limit preauthorized transfers (including Online Banking
transfers), the following limitations apply:
1. Statement and
Passbook Savings account. You can make no more than six (6) transfers per statement
period by preauthorized or automatic transfer or by telephone or Online
Banking.
2. Money Market Savings
account. You can make no more than six (6) transfers per statement period
by preauthorized or automatic transfer or by telephone or Online Banking and no
more than three (3) of these may be by check, draft or
debit card. Please note: If there are not sufficient funds in
the account, we cannot complete this transfer. However, future recurring
transfers will not be impacted.
C. Additional Services. New services may be
introduced for Online Banking from time to time. The Bank will notify you of
the existence of these new services. By using these services when they become
available, you agree to continue to be bound by this agreement as well as the
rules that will be made available to you concerning these services.
IV.
Schedule of Fees
The Bank offers the benefits and convenience of the Online
Banking Service to you free. The Bill Payment Service is free for the first
three (3) months. Thereafter, the Bill Payment Service will be a flat fee of
$4.00 per statement period, which includes 10 bill payments. All bill payments
over 10 are an additional $0.55 each. However, the bill payment fee is reduced
to $2.00 per statement period, which includes 10 bill payments ($0.55 each bill
over 10) if your primary checking account has payroll/retirement direct deposit
and a First Federal Savings and Loan Association of Bath debit card attached.
The fee will be deducted automatically from your Bill Payment account. In the
event you wish to cancel the Bill Pay service, you may be able to do so through
the product, or you may contact us by phone or in writing. There are no refunds
for partial months.
Fees may be imposed for overdrafts created by checks,
in-person withdrawals, ATM withdrawals, or by other electronic means, including
but not limited to debit POS and online transactions and merchant holds. Such
fees are referred to as "insufficient funds/returned item" fees on our service
charge schedule. Please refer to that schedule on our homepage, for a list of
charges and fees that may apply.
V.
Statements
You will continue to receive your regular account statement
either monthly or quarterly, depending on the type of account.
VI.
Use of Your Security Password
You are responsible for keeping your password and Online
Account information confidential. To protect yourself against fraud, you should
adhere to the following guidelines:
1.
Do not give out your account
information, Password, or User ID; the Bank will never call and ask for your
password, even though an email. Also, you should never try to access Online
Banking from a link in an email you receive.
2.
Do not leave your PC unattended while
you are in the Bank's Online Banking Site.
3.
Always Exit or Sign Off from the Online
Banking site when finished.
4.
Never leave your account information
within range of others; and
5.
Do not send privileged account
information (account number, Password, etc.) in any public or general e-mail
system.
If you believe your password has been
lost or stolen, or if you suspect any fraudulent activity on your account, call
the Bank immediately at 800-499-8711 between the hours of 9:00 a.m. to 4:00
p.m., Monday through Friday. Telephoning the Bank is the best way of minimizing
your losses and liability. (See; Section XII)
If you believe your Password has been
lost or stolen, please telephone the Bank immediately and use the Password
change feature within the Online Banking section of the Web site to change your
Password.
VII.
Electronic Mail (E-mail)
If you send the Bank an e-mail message, and assuming the
message reaches the Bank in the ordinary course, the Bank will be deemed to
have received it on the following business day. You should not rely on e-mail
if you need to report an unauthorized transaction from one of your accounts or
if you need to stop a payment that is scheduled to occur.
NOTE: E-mail
transmissions outside of the Online Banking site are not secure. We advise you
not to send us or ask for sensitive information such as account numbers,
Password, account information, etc. via any general or public e-mail system. If
you wish to contact us electronically, please use the Secure Email Form
provided in our Online Banking site under the Secure Forms link. Use this
secure form to e-mail the Bank regarding inquiries about an electronic funds
transfer error resolution, reporting unauthorized transactions, or contacting
the Bank regarding other concerns of a confidential nature.
VIII.
Bill Payment Services
For Bill Payment
Terms and Conditions please use this link
IX.
Mobile Remote Deposit Capture
A. Services. The mobile remote
deposit capture service is designed to allow you to make deposits to your
personal checking, savings, or money market savings accounts from home or other
remote locations by scanning checks and delivering the images and associated
deposit information to First Federal Savings and Loan Association of Bath. Your use of the service constitutes your
acceptance of this Agreement. This Agreement is subject to change from time to
time. We will notify you of any material change via e-mail, text message, or on
our website(s) by providing a link to the revised Agreement or by an online
secure message. You will be prompted to accept or reject any material change to
this Agreement the next time you use the service after we make the change. First
Federal Savings and Loan Association of Bath reserves the right, in its sole
discretion, to change, modify, add, or remove portions from the Services. Your
continued use of the Services will indicate your acceptance of any such changes
to the Services.
B. Limitations of
Service. When using the Services, you may experience technical or other
difficulties. We will attempt to post alerts on our website or send you a text
message to notify you of these interruptions in Service. We cannot assume
responsibility for any technical or other difficulties or any resulting damages
that you may incur. Some of the Services have qualification requirements, and
we reserve the right to change the qualifications at any time without prior
notice. We reserve the right to change, suspend or discontinue the Services, in
whole or in part, or your use of the Services, in whole or in part, immediately
and at any time without prior notice to you. In the event that the mobile service is
unavailable, you may deposit original checks at one of our physical locations.
C. Hardware and Software. In
order to use the Services, you must obtain and maintain, at your
expense, compatible hardware, and software as necessary. Any hardware/software is subject to the terms
and conditions of the agreement you enter into
directly with the third-party hardware/software provider at time of download
and installation.
D. Fees. A fee may be
charged for this Service. (See Fee Schedule) You are responsible for paying
these fees. You authorize First Federal
Savings and Loan Association of Bath to deduct any such fees from any of Bank
Accounts.
E. Eligible items. You agree to scan
and deposit "checks" only. (i.e.,
items drawn on a United States Bank, Savings and Loan or Credit Union).
1.
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:
2.
Checks payable to any person or entity
other than you.
3.
Checks payable jointly, unless
deposited into an account in the name of all payees.
4.
Checks containing evidence of an
alteration, are fraudulent or otherwise not authorized by the owner of the
account on which the check is drawn.
5.
Checks previously converted to a
substitute check, as defined in Reg. CC.
6.
Checks drawn on a financial institution
located outside the United States.
7.
Checks that are remotely created
checks, as defined in Reg. CC.
8.
Checks not payable in United States
currency.
9.
Checks dated more than 6 months prior
to the date of deposit.
10. Checks with any endorsement on the back other than that specified
in this agreement.
11. Checks that have previously been submitted through the Service or
through a remote deposit capture service offered at any other financial
institution.
12. Checks or items that are drawn or otherwise issued by the U.S.
Treasury Department
F.
Endorsements. You agree to
restrictively endorse all checks as "For mobile deposit only.
G. Receipt of Items. We reserve the
right to reject any item transmitted through the Services, at our discretion,
without liability to you. We are not responsible for items we do not receive or
for images that are dropped during transmission. An image of an item shall be deemed
received when you receive a confirmation from the Bank that we have received
the image. Receipt of such confirmation does not mean that the transmission was
error free, complete or will be considered a deposit and credited to your
account. We further reserve the right to charge back to your account at any
time, any item that we subsequently determine was not an eligible item. You
agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
H. Availability of
Funds. You agree that items transmitted using the Services are not
subject to the funds availability requirements of
Federal Reserve Board Regulation CC. In general, if an image of an item you
transmit through the Service is received and accepted before 2:00 p.m. EST on a
business day that we are open, we consider that day to be the day of your
deposit. Otherwise, we will consider that the deposit was made on the next
business day we are open. Funds deposited using the Services will generally be
made available in two business days from the day of deposit. First Federal Savings and Loan Association of
Bath may make such funds available sooner.
I. Disposal of
Transmitted Items. Upon your receipt of a confirmation from First Federal Savings and
Loan Association of Bath that we have received an image that you have
transmitted, you agree to retain the check for at least 30 calendar days from
the date of the image transmission. After 30 days, you agree to destroy the
check that you transmitted as an image. During the time the retained check is
available, you agree to promptly provide it to First Federal Savings and Loan
Association of Bath upon request.
J. Deposit Limits. Default Limits
1.
Per deposit $2,000.00
2.
Per day $5,000.00
These limits may change at our discretion and without notice.
K. Requirements.
Each image must
provide all information on the front and back of the original check at the time
presented to you by the drawer, including, but not limited to, information
about the drawer and the paying bank that is preprinted on the original check,
MICR information, signature(s), any required identification written on the
front of the original check and any endorsements applied to the back of the
original check. The image quality must meet the standards established by the
American National Standards Institute, the Board of Governors of the Federal
Reserve, and any other regulatory agency, clearing house or association. Only
one check can be deposited at a time.
Endorsements must be
made on the back of the check within 1 1/2 inches from the top edge, although we
may accept endorsements outside this space. "Your endorsement MUST include
your signature and "via mobile deposit" or "for mobile deposit only".
Any loss we incur from a delay or processing error resulting from an irregular
endorsement or other markings by you will be your responsibility.
A check payable to
two payees must be endorsed by both payees. If the check is payable to you or
your joint payee, either of you can endorse it. If the check is made payable to
you and a joint payee, both of you must endorse the check.
There are internal
validations at the time of the deposit. If any of the validations are not met
the deposit will be rejected. An accept/reject
email will be sent. Reject emails will
state reason for denial.
L. Deadlines. Deposits received by 2:00 pm EST will be
processed the same day. Deposits
received after that time will be processed the next business day. The Bank reserves the right to change this
deadline at any time.
M. Errors. You agree to notify the
Bank of any suspected errors regarding items deposited through the Services
right away, and in no event later than 60 days after the applicable account
statement is sent. Unless you notify the Bank within 60 days, such statement
regarding all deposits made through the Services shall be deemed correct, and
you are prohibited from bringing a claim against the Bank for such alleged
error.
N. Errors in
Transmission. By using the Services, you accept the risk that an item may be
intercepted or misdirected during transmission. The Bank bears no liability to
you or others for any such intercepted or misdirected items or information
disclosed through such errors.
O. Image Quality. The image of an item
transmitted to the Bank using the Services must be legible, as determined in
the sole discretion of us. Without limiting the foregoing, the image quality of
the items must comply with the requirements established from time to time by
the Bank, ANSI, the Board of Governors of the Federal Reserve Board, or any
other regulatory agency, clearinghouse, or association.
P. User Warranties and
Indemnification. You warrant to First Federal Savings and Loan Association of
Bath that:
1.
You will only transmit eligible items.
2.
You will not transmit duplicate items.
3.
You will not re-deposit or re-present
the original item.
4.
All information you provide to First
Federal Savings and Loan Association of Bath is accurate and true.
5.
You will comply with this Agreement and
all applicable rules, laws, and regulations.
6.
You are not aware of any factor which
may impair the collectability of the item.
7.
You agree to indemnify and hold
harmless First Federal Savings and Loan Association of Bath from any loss for
breach of this warranty provision. This includes holding us harmless against any and all claims, actions, damages, liabilities, cost, and
expenses, including reasonable attorneys fees and expenses arising from your
use of this service and/or breach of the agreement.
Q. Cooperation with
Investigations. You agree to cooperate with us in the investigation of unusual
transactions, poor quality transmissions, and resolution of customer claims,
including by providing, upon request and without further cost, any originals or
copies of items deposited through the Service in your possession and your records
relating to such items and transmissions.
R. Termination. We may terminate
this Agreement at any time and for any reason. This Agreement shall remain in
full force and effect unless and until it is terminated by us. Without limiting
the foregoing, this Agreement may be terminated if you breach any term of this
Agreement, if you use the Services for any unauthorized or illegal purposes or
use the Services in a manner inconsistent with the terms of this agreement.
S. Enforceability. We 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. If 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.
T. Ownership &
License. You agree that First Federal Savings and Loan Association of
Bath retains all ownership and proprietary rights in the Services, associated
content, technology, and website(s). Your use of the Services is subject to and
conditioned upon your complete compliance with this Agreement. Without limiting
the effect of the foregoing, any breach of this Agreement immediately
terminates your right to use the Services. Without limiting the restriction of
the foregoing, you may not use the Services (i) in
any anti-competitive manner, (ii) for any purpose which would be contrary to First
Federal Savings and Loan Association of Bath's business interest, or (iii) to the
Bank's actual or potential economic disadvantage in any aspect. You may use the
Services only for non-business, personal use in accordance with this Agreement.
You may not copy, reproduce, distribute, or create derivative works from the
content and agree not to reverse engineer or reverse compile any of the
technology used to provide the Services.
DISCLAIMER OF
WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND
CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL
WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE
NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR
REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE,
AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
LIMITATION OF
LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES
RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR
ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE
TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR
CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF FIRST
FEDERAL SAVINGS AND LOAN ASSOCIATION OF BATH HAS BEEN INFORMED OF THE
POSSIBILITY THEREOF.
X.
Linked Accounts
All accounts with the Bank that you enroll in a service will
be linked by the tax identification numbers of the persons authorized to access
the account. The linked accounts will appear together without regard to the
ownership of the accounts. 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:
1.
the accounts of the business for which
that person is an authorized user.
2.
the accounts of any other business for
which that person is an authorized user; and
3.
any consumer accounts for which the
person is a co-owner or authorized signer.
XI.
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:
1.
enter into this Agreement, as amended
from time to time.
2.
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
3.
use any Online banking service in any manner
and for any purpose available through the Service, whether now available or
available at some time in the future.
XII.
Electronic Fund Transfer Provisions For
Consumers
A. Applicability. These provisions
are only applicable to online electronic fund transfers that credit or debit a
consumer's checking, savings or other asset account and are subject to the
Federal Reserve Board's Regulation E (an "EFT"). When applicable, the
Bank may rely on any exceptions to these provisions that are contained in Regulation
E.
B. Your Liability. The following
determines your liability for any unauthorized EFT or any series of related
unauthorized EFTs:
1. If you notify the
Bank within two (2) business days after your password was lost or stolen, your
liability will not exceed $50.00 or the amount of the unauthorized EFTs that
occur before notification, whichever is less.
2. If you fail to notify
the Bank within two (2) business days after your password was lost or stolen,
your liability will not exceed the lesser of $500.00 or the total of:
a.
$50.00 or the amount
of unauthorized EFTs that occur within the two (2) business days; and
b.
the total of authorized EFTs which
occur during the two (2) days before notification to the Bank, provided the
Bank establishes that these EFTs would not have occurred had the Bank been
notified within that two-day period.
3. You must report an
unauthorized EFT that appears on your periodic statement, no later than 60 days
of transmittal of the statement to avoid liability for subsequent transfers. Your
liability will not exceed the amount of the unauthorized EFTs that occurred
with the 60-day period. You may also be liable for the amounts as described in
sections 1 and 2 above.
4. If the report is made
orally, we will require that you send the complaint or question in writing
within 20 business days. We will notify you with the results of the
investigation within 10 business days and will correct any error promptly. If
more time is needed, however, we may take up to 45 days to investigate a
complaint or question. If this occurs, we will credit your account within 10
business days for the amount you think is in error. This will allow you to use
the money during the time it takes us to complete our investigation. If your
complaint or question is not received in writing within 10 business days, we
may not credit your account until the investigation is completed. If an alleged
error involves an electronic fund transfer outside a state or territory or
possession of the United States, the applicable time periods for action by us
are 20 business days (instead of 10) and 90 calendar days (instead of 45). If
we determine that no error occurred, we will send you a written explanation
within three business days after the investigation is complete. You may request
copies of the documents that were used in the investigation.
5. You may notify the
Bank by telephone, writing, or by email using the Secure Email Form provided in
our Online Banking site. Notification by general e-mail to report an
unauthorized transaction is not secure and therefore not advised.
C. Telephone Numbers and
Addresses. In case of errors or questions regarding an Online Banking or
Bill Payment transaction, call (800) 499-8711 or write us at: First Federal
Savings and Loan Association of Bath, Attention: Internet Banking, PO Box 488,
Bath, ME 04530-0488.
We must hear from you
at the telephone number or address, listed above, no later than 60 days after
we sent you the FIRST statement on which the problem or error appeared. We will
need:
1.
Your name and account number
2.
A description of the error or the
transfer in question and an explanation concerning why you believe it is an
error or need more information.
3.
The dollar amount of the suspected
error and date on which it occurred.
XIII.
Term and Termination
A. Term. This Agreement will
become effective on the Effective Date and shall remain in full force and
effect until termination in accordance with the following provisions.
B. Termination for Cause. We may immediately
terminate your electronic banking privileges (including the Bill Payment
Service) without notice to you under, but not limited to the following
circumstances:
1.
you do not pay any fee required by this
Agreement when due or
2.
you do not comply with the agreement
governing your deposit or loan accounts or your accounts are not maintained in
good standing.
3.
you fail to abide the terms of this
agreement.
We will promptly notify you if we
terminate this Agreement or your use of the Services for any other reason.
C. Termination for Convenience. To terminate this
Agreement, you must notify the Bank and provide your name, address, the
Service(s) you are discontinuing, and the termination date of the Service(s).
When Bill Payment is terminated, any prescheduled bill payments made through Online
Banking will also be terminated. Your final charge for the Bill Payment service
will be assessed at the end of your statement cycle. You may notify the Bank by
one of the following methods:
1.
By sending an e-mail to the Bank
at firstfed@firstfederalbath.com.
2.
By calling 800-499-8711
3.
By writing a letter and either sending
it to the following address: First Federal Savings and Loan Association of Bath, Attention: Internet Banking, PO Box 488, Bath, ME
04530-0488; or giving it to a Customer Service Representative at any of the
Bank's locations.
If you are not paying a monthly service charge for the
Service, we may convert your account to inactive status if you do not sign on
to the Service or have any transaction scheduled through the Service during any
consecutive 90-day period. If your account is considered inactive, you must
contact us to have the Service activated before you will be able to schedule
any transaction through the Service.
XIV.
Liability
A. Our Liability. This section
explains our liability to you only to the extent that any other agreements,
notices, or disclosures have not separately disclosed our liability. In no
event shall we be liable to you for failure to provide access to your Online Banking
or Bill Payment services accounts. Unless otherwise required by applicable law,
we are only responsible for performing the Online Banking and Bill Payment
services as delineated in this Agreement. We will be liable for the amount of
any material losses or damages incurred by you and resulting directly from our
gross negligence.
We will not be liable to you in, but not limited to, the
following instances:
1. If through no fault
of the Bank, you do not have enough money in your account to make the transfer.
2. If circumstances
beyond our control (such as fire, flood, power outage, equipment or technical
failure or breakdown) prevents the transfer despite reasonable precautions that
we have taken.
3. If there is a hold on
your account, or if access to your account is blocked, in accordance with
banking policy.
4. If your funds are
subject to a legal proceeding or other encumbrance restricting the transfer.
5. If your transfer
authorization terminates by operation of law.
6. If you believe
someone has accessed your accounts without your permission and you fail to
notify the Bank immediately.
7. If you have not
properly followed the instructions on how to make a transfer included in this
Agreement.
8. If we have received
incomplete or inaccurate information from you or a third party involving the
account or transfer.
9. If we have a
reasonable basis for believing that unauthorized use of your Password or
account has occurred or may be occurring or if you default under this
Agreement, the deposit account agreement, a credit agreement, or any other
agreement with us, or if we or you terminate this Agreement.
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR
ARISING OUT OF THIS AGREEMENT.
B. Indemnification. You agree to
indemnify, defend, and hold us, our affiliate companies, directors, officers, employees,
and agents harmless against any third-party claim, demand, suit, action or
other proceeding and any expenses related to an Online Banking or Bill Payment
account.
C. Third Parties. 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 Netscape (Netscape
Navigator browser) or 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 an Online Banking or Bill Payment account.
D. Virus Protection. The Bank is not
responsible for any electronic virus or viruses that you may encounter. We
suggest that you routinely scan your PC using a virus protection product. An
undetected virus may corrupt and destroy your programs, files, and your
hardware.
XV.
General Terms and Conditions
A. Bank Agreements. In addition to this
Agreement, you and the Bank agree to be bound by and comply with the
requirements of the agreements applicable to each of your Online Accounts. Use
of any of these services for illegal purposes is prohibited. Your use of the
Online Banking Service or the Bill Payment Service is your acknowledgment that
you have received these agreements and intend to be bound by them. You should
review other disclosures including the charges that may be imposed for electronic
funds transfers or the right to make transfers listed in the fee schedules
accompanying those disclosures and the fee schedule contained in this
Agreement. We will automatically deduct the fees related to this Service from
your Bill Payment Account each month.
B. Changes and
Modifications. The Bank may modify the terms and conditions applicable to the
Services from time to time. We may send any notice to you via e-mail, and you
will have to be deemed to have received it three days after it is sent. The
revised terms and conditions shall be effective at the earliest date allowed by
applicable law. We reserve the right to terminate this Agreement and your use
of the Services in whole or in part at any time without prior notice.
C. Assignment. We may assign this
Agreement to an affiliate of the Bank or any successor in interest in the event
of a merger, reorganization, change of control, acquisition, or sale of all or
substantially all assets of the business to which this Agreement is related
without the other party's prior written consent.
D. Notices. Unless otherwise
required by applicable law, any notice or written communication given pursuant
to this Agreement may be sent to you electronically.
E. Disclosure of
Information. We will only disclose information to third parties about your
account or transfers you make under the following circumstances, or as
explained in our Privacy policy:
Where it is necessary
for the provision of Online Banking and for completing transfers;
a.
in order to verify the existence and condition of your account for a third
party, such as a credit bureau or merchant;
b.
in order to comply with government or court orders, or other reporting
requirements;
c.
if you give us your permission;
F. Governing Law. This Agreement is
governed by the laws of the State of Maine and applicable federal law.
G.
Ownership of
Material. Our Internet Banking Service is a
product of Open Solutions, Inc.
H.
Amendments. Terms and conditions of this Agreement may be amended in whole or
part at any time within 30 days written notification prior to the change taking
effect. We may notify you of such changes by US mail, or if you agree, we may
send you an email notice, which details the changes. Email notifications
may also direct you to a section of our website which will include the
changes. Amendments or changes to term(s) or condition(s) may be made
without prior notice if it does NOT result in higher fees, more restrictive
service use, disclosure of additional account information to third parties, or
increased liability to you. Also, if a change in term(s) or condition(s)
is necessary to maintain or restore the security of our system or your
account(s), no advance notice is required, and we will then notify you within
30 days following such action. If you do not agree with the change(s),
you must notify us in writing or via email prior to the effective date to
cancel your access to the Service. Your continued use of the
affected change in Service is your agreement to the amendment (s).
I.
Entire Agreement. This Agreement supplements any other agreements or disclosures
related to your account(s), including the Deposit Account Agreement and
Disclosures provided to you separately.
BY ACCEPTANCE HEREOF, YOU AND THE BANK HEREBY UNCONDITIONALLY AND
IRREVOCABLY WAIVE ANY AND ALL RIGHTS WHETHER ARISING UNDER THE CONSTITUTIONS OF
THE UNITED STATES OR OF ANY STATE, ANY RULES OF CIVIL PROCEDURE, COMMON OR
STATUTORY LAW, OR OTHERWISE, TO DEMAND A TRIAL BY JURY IN ANY ACTION, SUIT,
PROCEEDING OR COUNTERCLAIM INVOLVING, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THIS AGREEMENT OR IN ANY WAY RELATED TO THE ADMINISTRATION OF THE SERVICES. YOU AND THE BANK
HEREBY AGREE THAT ANY SUCH ACTION OR PROCEEDING SHALL BE HEARD BEFORE A SINGLE
JUSTICE OF THE MAINE SUPERIOR COURT OR A FEDERAL COURT JUDGE SITTING IN THE
DISTRICT OF MAINE.