Online Banking Terms and Conditions for Consumer Accounts
Overview and Terms of Acceptance.
The following sets forth the terms and conditions governing the use of First Bank of the Palm Beaches’ (the “Bank”) Online PC Banking, Mobile Banking and Bill Payment Service (the “Online Banking Service”) for Consumers. This Agreement does not apply to Businesses. This Agreement supplements all other agreements with Bank and that cover your Eligible Accounts, including, without limitation, the Account Agreement setting forth the terms and conditions of your Eligible Account(s) and the accompanying disclosures and fee schedules (collectively, the “Account Agreement”), which is incorporated herein by this reference, as well as any terms or instructions appearing on the Website when you enroll for, activate, access, or use the Service, and all such agreement shall be considered one agreement. By enrolling for the use of any Service described in this Agreement, or by using or allowing any others to use any Service in relation to any of your accounts, you accept and agree to the terms and conditions of this Agreement, as and if modified from time to time. This Agreement replaces any prior agreements concerning the Service.
“Business Day” means Monday through Friday, excluding Saturday, Sunday and federal banking holidays specified in 5 U.S.C. ? 6103(a).
“Business” means a corporation, professional association, limited liability company, partnership, trust, or other business entity.
“Consumer” means a natural person who has a Consumer Account for which a Service is requested primarily for personal, family or household purposes.
“Consumer Account” means a checking, savings, money market, certificate of deposit, home equity line of credit account owned by a Consumer.
“Customer” means the person or persons that own an Eligible Account.
“Eligible Account” means any Consumer Account held or maintained with us and for which you use any function or feature of the Online Banking Service.
“Mobile Banking” means that certain service offered by the Bank that allows Customers to access their Eligible Accounts via their handheld or other wireless device and perform certain banking activities.
“Online Banking Service” means the products or services we provide to you under or connection with this Agreement.
“Person” means an individual or an entity.
“Signer” means each person who is a signatory on and/or obligor of any Eligible Account as indicated in our records.
“We,” “us” and “our” means or refers to, as the context may require, Bank or any affiliate thereof with which you have established one or more Accounts, and any agent, independent contractor, designee, or assignees that we may, in our sole discretion, involve in the provision of the Online Banking Services.
“Website” refers to the website and all other web pages maintained by us, our affiliates or vendors, and accessible through www.firstbankpb.com and as related to the Online Banking Service.
“You,” “your” and “yours” means or refers to Customer and each and every person who now or hereafter is a Signer, with respect to, or has any interest in, any Eligible Account.
Account Access and Security.
Generally. The Online Banking Service is an internet-based service that provides you with access to your Eligible Accounts and allows you to manage your Eligible Accounts and conduct certain banking activities. Subject to the terms of this Agreement, you will generally be able to access your Eligible Accounts through the Website 7 days a week, 24 hours a day. At certain times, the Online Banking Service may not be available due to system maintenance or circumstances beyond our control. To qualify for access to the Online Banking Service, you must have an Eligible Account and a valid e-mail address. You are responsible for and must provide all computers, telephone and other equipment, software (other than any software provided by us) and services necessary to access the Online Banking Service. We make no warranty as to access to the Online Banking Service or the Website from outside of the U.S.
Registration. Consumers may enroll to gain access to the Online Banking Service by visiting the Website. We will notify you if your enrollment request has been approved.
Username and Password. You must select your own distinctive username and password. Your user name and password should be a unique identifier and not associated with any commonly known identification that is known by others to be associated with you. Do not use telephone numbers, proper names, addresses, dates of birth, or the names of your children or pets. You should memorize your password and not share it with anyone, including Bank personnel. We will never ask you for your password. Do not, under any circumstances, share your password with anyone purporting to be a Bank employee. For security purposes, we recommend that you do not use the same password for other bank products. We may change this standard or require you to change or update your password at any time and without prior notice. If you should forget your password, you may use the “Forgot Your Password” feature on the Website.
Security Procedures. You are required to maintain the security of your username and password. For security purposes, it is recommended that you memorize your username and password and do not write it down. You are responsible for keeping your username and password confidential. We recommend that you change your password regularly. We may also require that you use other security and authentication techniques to access your accounts or initiate certain transactions. We may also, at our option, offer you additional, optional security protocols or devices, such as random number generators or one-time passwords, to enhance security. You shall be responsible for maintaining the security of your computer, including from viruses or third parties, that may compromise your username or password. You shall ensure that you have signed off from the Online Banking Service when your session is complete to prevent unauthorized persons from using the Online Banking Service. For security purposes, if no action is taken for 10-minutes, you will be automatically logged off of the Online Banking Service due to inactivity. If you believe that your password may have been lost or stolen, or someone has accessed the Online Banking Service, or viewed, downloaded, or deleted electronic records without your permission, or if you suspect any fraudulent activity on your Account, you agree to immediately notify us at 561-847-2700 or e-mail at email@example.com. In the event of unauthorized use of your username and password, or any other security or authentication technique we utilize, you will be liable for resulting losses, to the extent permitted by law, regardless if such activity was actually authorized by your, unless such losses are the result of our gross negligence or willful misconduct.
For Online Banking through a mobile device (“Mobile Banking”): A mobile device with a compatible operating system, such as: iOS 4 and higher; Android OS 2.2 and higher for mobile handsets; Android OS 3.0 and higher for tablets; Blackberry OS 6 and higher; Windows Phone 7 and higher; and either: Access to the Internet using the default browsers included by your mobile device manufacturer; or the latest Mobile Banking App compatible with your device platform.
Authorization; Unauthorized Use. You authorize Bank, and its appropriate affiliates or third parties, as applicable, to act on and process instructions, including, without limitation, debits, credits, payments, and transfers, initiated under your username and you agree that you are responsible for actions that may be taken by anyone using the Online Banking Service after signing in with your username and password, regardless if you actually authorized such action. We are entitled to rely and act upon instructions received under your username and password. We reserve the right to block access to the Online Banking Service to maintain or restore security to the Website or Online Banking Service or your access thereto.
Multiple Signers. If an Eligible Account has more than one Signer, each Signer individually has the right to gain access to the Online Banking Service and have their own login credentials. Accordingly, each such Signer may provide us with instructions, make any decision, obtain any information or make any request associated with the Eligible Account and through the Online Banking Service, to the extent allowed by the terms and conditions governing provisions the Eligible Account.
Authorization to Others. A Signer may not authorize any other person to have access to the Online Banking Service and we strongly discourage sharing your username or password with anyone.
Waiver of requirement for two or more signatures. Any requirement to verify two or more signatures on any item, such as checks, will not apply to electronic transfers, and we will have no liability when making these kinds of transfers under a single verification. This means that any person who is a Signer on your Eligible Account is authorized by you, the Customer, and all Signers to have their own login credentials and individually make electronic transfers, even though that person’s authority to transfer or withdraw funds from the Customer’s account by some other means (e.g., by check) must be exercised jointly with one or more other persons.
Signatures received via facsimile (fax) or scanned images. If you fax or e-mail a scanned document to us that is signed, you agree that it was your intention that: (i) the fax/scanned signature is an electronic signature under applicable federal and state law, (ii) the fax/scan be an original document, and (iii) you intend on conducting business with us by electronic records, electronic contracts and electronic signatures.
Your Use of the Online Banking Service and Available Features. Subject to the terms and conditions of this Agreement, you may use the Online Banking Service to access your Eligible Accounts and perform authorized transactions.
Account Summary. You will have access to updated balance and transaction information for all Eligible Accounts that you select to view using the Online Banking Service. In some instances, balances and transaction history may only reflect activity conducted through the close of the previous Business Day.
Transfers. This feature allows you to transfer funds between your Eligible Accounts.
Types of Transfers. You may make one-time transfers or schedule future or recurring transfers. You may schedule transfers for the purpose of paying loan accounts with Bank. You may make transfers from a line of credit account to a Deposit Account, but you may not make a transfer from one line of credit to another line of credit.
Posting of Transfers. Transfers to a deposit account are effective when you complete the transaction online and will post same day. Transfers to a line of credit or loan account are effective the next Business Day.
Transfer Limits; Availability. The maximum dollar limit on a transfer is equal to the available in your Deposit Account, plus the available balance or credit balance in any other account or line of credit attached to the Deposit Account to provide overdraft protection. Funds must be available in the account from which you wish to transfer funds on the date you enter the transaction. We reserve the right to limit the frequency and dollar amount of transactions between your accounts for security reasons. By federal regulation, you are limited during any statement cycle to six preauthorized or automatic transfers (three of which may be by check, draft or similar order) if the Account is a savings or a savings with limited check writing privileges (money market type) account. Online bill payments and transfers between your Deposit Accounts are considered preauthorized transfers.
Insufficient Funds. If your account does not have sufficient funds to complete a transfer as of the date the transfer is scheduled to be made, the transfer may not be completed, but if we do complete the transfer as an accommodation to you, you are responsible for any overdraft created.
Correcting or Canceling Your Transfer. You may cancel or change a transfer prior to it being effectuated. Once it has been sent, you cannot cancel the transfer.
Restricting Transfers. You may elect to restrict your account to “read only” such that transfers between your Accounts is restricted. To make this election, you must submit your request in writing to us
View and download statements and check images. Electronic Statements are available for checking, savings, and money market accounts only. Check images are only available for 45 calendar days.
Ordering a stop payment on a check. Stop payment orders are entered by you on the Website and are subject to the terms and conditions governing stop payment orders as found in your Deposit Account Agreement.
Re-order checks. Checks may be re-ordered at any time. Certain check order fees may apply.
Paying bills using Bill Pay. You may pay bills and send money to people and entities, subject to the terms and conditions more fully set forth below in Section 5.
Export account information. You may export account information to your personal financial management software or other programs, such as Quicken or Microsoft Money, Quickbooks , Microsoft Excel or any program that supports a .csv file export .
Message Center; Communications. You may send us an electronic message through the “Message Center” located on the Website. We will be deemed to have received any electronic messages sent through the Message Center on the following Business Day. You should not rely on e-mail or electronic messages if you need to report an unauthorized transaction or if you need to order a stop payment on an item. Since timing is critical, we recommend that such requests be delivered by telephone or in person. Further, e-mail transmissions are not secure. Thus, we advise that you not send or ask for sensitive information such as account numbers or information via e-mail. Never ask or disclose your password in an e-mail or an electronic message. We do not need your password will never ask you for your account number or password. From time to time, we may communicate with you via e-mail or electronic messages.
Description of alerts. The alerts feature of the Online Banking Service allows you to request and receive messages about your Eligible Account(s). You may receive alerts through e-mail message(s). Each alert will be effective after set up of the alert parameters, which is contained within the Online Banking Service.
E-mail security and delivery timing. You agree that each alert may not be encrypted, and may include information pertaining to you and your account(s). Receipt of any alert may be delayed, or prevented by factor(s) affecting your Internet service provider(s), phone operator(s), and other relevant entities. We neither guarantee the delivery or the accuracy of the contents of any alert. Bank will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or wrong delivery of any alert; (b) inaccurate content in an alert; (c) your use or reliance on the contents of any alert for any purposes. We reserve the right to terminate any request from you, for any alert, at any time. The information in any alert may be subject to certain time lags and/or delays. You will manage the types and timing of your alerts, and the alerts may be stopped or suspended by you at any time.
Fees. Any applicable fees are disclosed in the Schedule of Fees that accompanies the Deposit Account Agreement, which may be amended from time to time.
Primary Account. You select the accounts you would like to access through the Online Banking Service. One of the selected accounts must be designated as the “Primary Account.” The Primary Account must be a checking account.
Linking and Displaying Eligible Accounts. You may link certain Eligible Accounts to which you are a Signer. Your linked Eligible Accounts will be displayed on the Website and will link to your Primary Account.
Terminating Your Access. We may terminate this Agreement, or any of the Online Banking Services, by providing thirty (30) days prior written notice to you. We may also terminate or suspend this Agreement, or any of the Online Banking Services, without notice to you if any of the following occurs: (i) you violate the terms of this Agreement or any other agreement with us, including any loan document; (ii) a material adverse change occurs in your business or financial condition; (iii) we have any reason to believe that you have engaged in fraudulent or illegal activity; (iv) you fail to maintain balances in your Accounts sufficient to cover overdrafts; (v) you become insolvent or file, or have filed against you, any bankruptcy or other insolvency, reorganization, liquidation or dissolution proceeding of any kind; (vi) you fail to timely and fully provide financial or any other information reasonably requested by us; (vii) we determine that it is impractical or illegal to provide one or more of the Online Banking Services because of changes in applicable law; or (viii) we, in good faith, are unable to satisfy ourselves that the use of Online Banking Service has been properly authorized by the Customer. We will not be required to reinstate or re-activate your access. Also, if you have no Eligible Accounts linked to the Online Banking Service, or do not use the Online Banking Service for a period of 6 consecutive months, we may, in our discretion, terminate your access without prior notice to you. Nothing herein prevents us from exercising our termination rights under the Deposit Account Agreement governing your Account .
Removal of online access. For each Eligible Account, you may request removal of online access by calling us at 561-847-2700 or e-mail at firstname.lastname@example.org.
System maintenance. From time to time, we may perform system maintenance, which may prevent you from accessing the Online Banking Service. During these times, for banking services you may call us at 561-847-2700 or you may visit a Bank branch.
Additional Features. From time to time, we may introduce new features or make changes to the Online Banking Service, including the platform or vendor. We will notify you of these new services or changes. Continuing to use the Online Banking Service shall constitute your acceptance of such changes and any related rules that may be implemented therewith.
Bill Pay .
Description. The Bill Payment Service (“Bill Pay”) is provided through a module within the Website, and it allows you to schedule bill payments through the Online Banking Service. You must be enrolled in the Online Banking Service to use Bill Pay.
Funding Account. All payments scheduled through Bill Pay must be done through a designated checking account that is also your Primary Account (the “Funding Account”).
Process. Through Bill Pay, you are able to make current, future, or recurring payments to certain companies or individuals you select (each a “Payee”). Payments are facilitated electronically, where available, or otherwise by remitting a paper check to the particular payee, on your behalf.
Payees. To begin using Bill Pay, you will first need to establish at least one Payee in your list of Payees (your “Payee List”). In order to properly establish a Payee, you must accurately provide certain information, including the Payee’s name, delivery address or bill remittance, phone number, your account number, and the account holder’s name. A Payee must have a verifiable U.S. payment address. Occasionally, a Payee may choose not to participate in Bill Pay or may require additional information before accepting payments. While we may work with these Payees to encourage them to accept an electronic or check bill payment, the payee may elect not to accept such payment or may to be able to process bill payments in a timely manner. In that event, we may decline, upon notice to you, to make future payments to this Payee. We reserve the right to refuse or remove a particular Payee for any reason.
Setting Up Payments.
To schedule Payments, you must choose a Payee from your Payee List. You may schedule On-Time Payments and Reoccurring Payments to any of your Payees. A “One Time Payment” is a Scheduled Payment that results in a single payment delivered to the Payee per your instructions. A “Reoccurring Payments” is a series of payments delivered to a Payee at regular intervals per your instructions. It is your responsibility to cancel, skip, reschedule or revise a payment that is scheduled (each, a “Scheduled Payment”) in accordance with the Payee’s instructions to you, or as needed to ensure sufficient available funds in your Funding Account, or under circumstances where the Payee may return the payment due to any reason outside the Service provider’s or our control. We reserve the right to refuse or cancel a Scheduled Payment.
For purposes hereof, the following definitions apply:
“Due Date” means the date that the payment will be delivered to the Payee and may be scheduled up to two (2) days after the Schedule Date
“Schedule Date” means the date you schedule the payment into the system, which can be scheduled up to three (3) days prior to the Due Date.
“Post Date” means the date that we will debit your Funding Account, which can be up to two (2) days prior to the Due Date.
If a date of an action related to Bill Pay falls on a non-Business Day, such date will be automatically adjusted to the next Business Day. The Bill Pay Service will determine the earliest possible date so as to ensure that the payment is delivered to the Payee on the Due Date, which is based on the number of Business Days required to deliver a payment to the Payee, which, in turn, is determined by whether the Payee accepts electronic payments (processed typically in two Business Days) or requires paper checks (processed typically in five Business Days). Further, a Payee’s geographic location and/or policies for posting and crediting payments may require additional days to process. When scheduling a payment, you should carefully consider factors such as the Payee’s grace period, geographic location, whether the Payee accepts electronic payments, whether the date payment is due falls on a non-Business Day, and the timing relative to how the Payee processes payments, so as to avoid late payments and late fees.
Processing Payments. Funds must be available in your Funding Account on and one Business Day prior to the Post Date in order for the payment to be processed. Future Payments may be changed or cancelled online until 3:00 p.m. Eastern Standard Time (“EST”) (the “Cut-Off Time”) of the Business Day prior to the Post Date. There is no limit to the number of payments that may be authorized.
Modifying or Canceling Payments. Any payment may be modified or canceled, provided that you effectuate such instructions prior to the Cut-Off Time on the Post Date. Once a payment has been processed after the Cut-Off Time on the Post Date, it cannot be modified or canceled. Instead, you must effectuate a stop payment order.
Stop Payments. You may request to stop payment after a payment has been processed in the same manner as a stop payment of a paper check in your account. Certain fees may apply.
Payment Amounts. We reserve the right to institute limits to the dollar amount or volume of transactions you may make on any particular Business Day.
Authorization. By furnishing us with the name and address of a payee, you authorize us to follow your payment instructions regarding that payee. In some instances, Bill Pay may submit payments to the best known payee address. When necessary, we will change or reformat your payee account number to match the account number or format required by your payee for electronic payment processing. We reserve the right to refuse to make any bill payment and the right to transfer funds electronically or by mail.
Non-Sufficient Funds (“NSF”). If your Funding Account does not have sufficient funds to make a payment on the Post Date, your payment order will be automatically cancelled and you will be notified by email. You will need to reschedule the payment. In the case of Recurring Payments, only the payment currently scheduled will be impacted. If a bill payment that is remitted thereafter creates an overdraft, it shall be governed by provisions within the Deposit Account Agreement for overdrafts.
Customer Use Only. Bill Pay is intended only for use by you as the subscriber of Bill Pay. Any attempt to use Bill Pay to process payments for third parties is prohibited and will be grounds for termination of Bill Pay and your access to the Online Banking Service.
Account Closed. If your applicable Eligible Account closes or is restricted for any reason, all pending payments associated with the account will be cancelled and it is your sole responsibility to make all pending and future payments.
Fees. Any fees applicable to Bill Pay are disclosed in the Schedule of Fees that accompanies the Deposit Account Agreement.
No duty to monitor. We do not have any duty to monitor the payments that are made through Bill Pay. We are only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. You assume the entire risk of loss and indemnify and hold us and our affiliates, and each of their respective directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments, and expenses (including attorney fees) arising out of or in any way connected with: insufficient funds in your Funding Account; delays in mail delivery; changes to the payee’s address or account number, unless we’ve been advised of the change in advance; misuse of Bill Pay; your impropriety; failure of any payee to correctly account for or credit the payment in a timely manner; or any other circumstances beyond our control.
No Signature Required. Payments sent via Bill Pay do not require signatures and you agree that we may debit your Funding Account to pay any paper drafts that are sent via Bill Pay.
Multiple Customer/Signer Funding Accounts. If a Primary Account has two or more Signers (e.g., joint accounts), each Signer may individually enroll in Bill Pay. Each Signer will need their own unique Login Credentials. Each individual may terminate his or her enrollment without affecting the other person(s). However, any enrolled person may terminate the entire Bill Pay service, which will terminate Bill Pay for all enrolled persons on that Funding Account.
Errors. If we do not properly complete a bill payment on time or in the correct amount, we will pay any related late fees or finance charges that you reasonably incur as a result, as long as your account was in good standing with the payee prior to this incident, and if you so request, we will notify the payee that the error was caused by us. We will not be responsible for any charges, fees, or penalties imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly. In addition, we will not be liable if any third party, through whom any bill payment is to be made, fails to properly transmit the payment to the intended payee. We will also not be liable if: (a) there are insufficient available funds or credit availability in your Funding Account; (b) if a legal order directs us to prohibit withdrawals from the Funding Account; (c) if the Funding Account is closed or frozen; or (d) if any part of the electronic funds transfer system network is not working properly. We will not be liable for indirect, special, or consequential damages arising out of the use of Bill Pay.
Termination of Bill Pay. If you do not schedule or process a payment through Bill Pay for any 12-month period, we may, at our sole discretion, terminate your use of Bill Pay without prior notice. If you close your Funding Account, you must designate a new checking account as a Funding Account within 5-days or we may terminate Bill Pay without prior notice. If Bank terminates your use of Bill Pay, your online bill payment information will be lost and all pending payments will be cancelled and are your sole responsibility. If you decide to terminate Bill Pay, we strongly suggest that you cancel all future bill payments at the same time that you cancel Bill Pay, either by deleting those payments yourself using Bill Pay or by contacting us. This will ensure that future payments made by you will not be duplicated. We will automatically delete all outstanding payment orders (all individual payments and all recurring payments) once we have been notified that you have terminated Bill Pay.
Electronic fund transfer (“EFT”). EFTs that debit or credit one of your accounts are subject to the Federal Reserve Board’s Regulation E. The following sets forth such rules, which only apply to Consumer Accounts.
Liability. Your liability for unauthorized EFTs:
If you notify us within two Business Days after learning of the loss or theft of your password, your liability will not exceed the lesser of $50 or the amount of unauthorized EFTs that occur before notice to us. If you fail to notify us within 2 Business Days after learning of the loss or theft of your password, your liability will not exceed the lesser of $500 or the sum of (1) $50 or the amount of unauthorized EFTs that occur within the two Business Days, whichever is less; and (2) the amount of unauthorized EFTs that occur after the close of two Business Days and before notice to us, provided we establish that these EFTs would not have occurred had you notified us within that two-day period.
You must report an unauthorized EFT that appears on a periodic statement within 60 days of our transmittal of the statement to avoid liability for subsequent transfers. If you fail to do so, your liability will not exceed the amount of the unauthorized EFTs that occur after the close of the 60 days and before notice to us, and that we establish would not have occurred had you notified us within the 60-day period. You may, however, also be liable for the amounts described in the immediately preceding section above.
You may notify us in person, by telephone, or by mail. The telephone number and address of the person or office to be notified when you believe that an unauthorized EFT has been or may be made are:
Telephone: 561-847-2700, Business Days, 8:30 AM – 5:30 PM EST.
Mail: 415 5th Street, West Palm Beach, FL 33401.
We must hear from you no later than 60 days after the date we send the first statement on which the problem or error appeared: We will need:
Your name and account number;
A description of the error or the transfer you are unsure about;
An explanation as you to why you believe it is an error or why you need more information; and
The dollar amount and date of the suspected error.
If you tell us orally, we may require that you send your complaint or question in writing within 10 Business Days. We will notify you with the results of the investigation within 10 Business Days (20 Business Days if the transfer involved a new account) and we will correct any error promptly. If we need more time to conduct our investigation, however, we will notify you of our need for an extension, which may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error. We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you an explanation. You may ask for copies of the documents that we used in the investigation.
Stop payment of preauthorized EFTs. You may place a stop payment order on preauthorized EFTs by calling the us at the number listed on the statement for your Eligible Account at least 3 Business Days prior to the scheduled transfer date. We require your name and the account number associated with the transfer, and the exact (a) name of the payee, (b) the exact payment amount, and (c) scheduled transfer date. Failure to provide correct and complete information may make it impossible for us to stop payment of the preauthorized EFT. You agree to indemnify and hold us harmless from and against any loss incurred by us as a result of our paying an EFT if any of the information relied upon in the stop payment order is incorrect or incomplete (or as a result of our not paying a preauthorized EFT for which a valid stop payment order is in effect). If we pay a preauthorized EFT despite a valid stop payment order, we may require you to provide us with an affidavit describing in detail the dispute.
Duty to Review Statements. You are required to promptly review each account statement and you are encouraged to review your accounts daily. Account statements shall be deemed received on the date actually received, though no later than two (2) calendar days after it is made available or delivered by mail, e-mail, Electronic Statements, or posting to the Online Banking Service, regardless of how or if actually accessed or received. If you detect an unauthorized transaction, discrepancy, or error (collectively, an “unauthorized item”), you must promptly notify us in writing. The terms, conditions, and time frames relative to reporting unauthorized items and the consequences for failing to promptly notify us of unauthorized items is detailed in your Deposit Account Agreement, which are incorporated herein. By using the Online Banking Service and continuing to maintain your account, you agree that the terms and conditions, and related time frames, are commercially reasonable.
Description. We offer the delivery and viewing of your periodic Eligible Account statements through a service known as “Electronic Statements,” which is a module within the Online Banking Service and accessible through the “View Statements” link in the Account Summary section. An Electronic Statement is a digital version (PDF) of your regular monthly account statement that you can view on the Website, save to your computer, or print at your convenience. Any legal notices or disclosures that normally accompany your regularly statement or that we would otherwise deliver to you by mail concerning your Eligible Account may be delivered and/or made available to you electronically through the Electronic Statements module. We may, at our option, offer you additional options and preferences for the delivery of various types of communications related to your Eligible Accounts or the Online Banking Service.
Delivery of and Access to Electronic Statements. Each account cycle, you will receive an e-mail, at the e-mail address designated by you, notifying you of the date when your Electronic Statements for your designated Eligible Accounts are available (a “notice e-mail”). This notice e-mail will be the only notice you receive of the availability of your Electronic Statements online, other than alerts which may be sent to your message inbox contained on the Website. To view your Electronic Statements, you will need to login to the Online Banking Service through the Website and once logged in, you will need to click on the Electronic Statements tab. Access to your e-Statement will be provided for a period of twelve (12) months from the date of each e-Statement. You may make a copy of an e-Statement for your records by printing it to an attached printer or download it to a storage device. You will need to ensure that your computer software meets the requirements provided on the Website in order to view, print, and/or save your online statement and legal notices. For joint accounts, delivery of a notice e-mail to one Customer shall constitute delivery to all Customers. Delivery of some disclosures in electronic form does not require the Bank to deliver all notices or all notices of a particular type electronically. Disclosures regarding your Eligible Accounts may be attached in an e-mail, contained in the text of an e-mail, posted separately from Electronic Statements on the Website or contained within an e-Statement, or posted otherwise through the Online Banking Service or on the Website. Notice e-mails will be considered sufficient notice and received by you regardless of whether you actually access the e-mail or the Electronic Statements or Disclosures.
Changes to e-mail address. It is your responsibility to update your e-mail address through the “My Profile” tab within the Online Banking Service. If a notice e-mail is returned undeliverable, the Bank may, at its discretion, discontinue your Electronic Statements service and begin sending your periodic statements and Disclosures to you in paper form at the last postal address shown on our records.
Technical (Hardware and Software) Requirements. To use Electronic Statements, you need to have an operating system and an internet browser that is supported by the Online Banking Service, which is listed in Section 3(f) above. You will also need a connection to the Internet, and a current version of Adobe Acrobat Reader or Adobe Acrobat Viewer. If you are unable to view your Electronic Statements on your computer, you should not enroll in Electronic Statements. In order to keep copies for your records you will need access to a printer or the ability to download information. To print, select the print function on your browser.
Termination of Electronic Statements. You may cancel Electronic Statements at any time by going to the “Statements” link within the “Account Summary” tab. You may also cancel Electronic Statements by notifying us at 1-561-847-2700. There is no fee for cancelling. We may also terminate the Electronic Statements Service for any or all Eligible Accounts at our discretion. The termination of Electronic Statements in no way affects the validity or legal effect of all Electronic Statements and Disclosures which have been previously delivered electronically.
Delivery Failure. We will use our best efforts to deliver your Electronic Statements and Disclosures in a timely manner as required by law. We will have no liability if we are unable to deliver them due to, but not limited to, the following circumstances: (i) Your equipment or e-mail is not functioning properly; (ii) Our system is malfunctioning and you are aware of its malfunctioning when you make a request to us; (iii) Circumstances beyond our control (such as, but not limited to, communications failure, energy shortage, act of God, war, riot, fire, civil commotion, terrorist attack, severe or adverse weather conditions or other causes beyond the Bank’s control).
No Warranties. We make no warranty that e-Statement will be available at all times or that Electronic Statements will not be monitored or read by others if your login credentials or computer are compromised.
Review of Electronic Statements. Your use of e-Statement does not in any way alter your obligation to promptly review your Electronic Statements and to notify us of any error, fraud, forgery, alteration or other irregularity. All provisions as set forth in the Deposit Account Agreement shall continue to apply. Your Electronic Statements will be considered delivered on the date that they are sent to the e-mail address you have designated, regardless of whether you actually receive the notice e-mail.
Use of Financial Management Software.
Description of Financial Management Software. Financial Management Software includes: Quicken, QuickBooks, Microsoft Money and other software we may identify from time to time on the Website. You are responsible for obtaining a valid and separate license agreement with the provider of your Financial Management Software. Your license agreement with the provider of your Financial Management Software may restrict the duration of your online access; we will not be liable for any such limitations or restrictions.
Online Banking and Bill Pay access through your Financial Management Software. We may, in our discretion, offer an option to allow you to download information into your Financial Management Software from certain Eligible Accounts. The Eligible Accounts for which these options are available will be identified on the Website from time to time. From time to time, we may add to, modify, or delete any feature of your ability to access the Online Banking Service through your Financial Management Software at our sole discretion.
Account information. You understand and agree that not all of the information in your Eligible Accounts can be downloaded into your Financial Management Software; information you can download may not include all of your account activity; statements generated by us are the official record of account transactions, positions and balances, and that the information you download is for tracking purposes only and should not be considered an official record; the account information will not necessarily reflect banking, activities and transactions that have not yet been completed or settled and will only reflect the account information in your Eligible Accounts at the exact point in time that you download the information; account information in your Eligible Accounts may reflect transactions as of a prior time period and may not be current as of the point in time that you download such information; the account information that you download to your Financial Management Software will not be automatically updated by us, and that you will have to update the Eligible Account information by downloading more current information from your accounts; and we are not liable for any loss, damages or expenses of any kind as a result of your reliance upon the Eligible Account information in your Financial Management Software, which, for example, as stated above, may not be the most updated information.
Security of data transmission and storage. You assume all risk that any information you download and store in your Financial Management Software may be accessed by unauthorized third parties and once downloaded, we are no longer responsible for the security and confidentiality of that information, nor are we are responsible for the security and confidentiality of the information if you: (a) use wireless connections to download your account information, in which case you acknowledge such connection may permit other persons to access the information being downloaded, or (b) allow other persons access to your Financial Management Software. Any information that you download is done at your own risk and you are solely responsible for any damage that might occur to the computer (or other electronic device) to which you download any information, or any loss or corruption of data that might occur as a result of the downloading or its storage in a computer or other electronic device.
Mobile Banking .
Enrollment. To enroll in Mobile Banking, you may visit the Mobile Banking Center and follow the activation instructions for enrollment via SMS text activation. Alternatively, you may download the Mobile App to your device.
Mobile Telephone Number. You must provide us with a valid telephone number for text messaging services. Receipt of account information through text messaging may be delayed or impacted by factors pertaining to your phone carrier or other parties.
Use. You may use Mobile Banking to (i) View balance and transaction history; (ii) Transfer funds between your Eligible Accounts; (iii) Pay bills; (iv) Deposit checks; and (v) Find branches and ATMs, among other things.
Security. We will never ask you for your password. You shall keep your User Id and password secret and prevent unauthorized access to your accounts. You should never share your login credentials with anyone. You shall ensure that your device is not compromised and you shall not leave your device unattended while logged into Mobile Banking. You shall log off immediately at the conclusion of your use of Mobile Banking.
Fees. You are responsible for any fees or other charges associated with your mobile device, including any use, data, or message fees charged by your wireless carrier or any third party.
Text Banking. You may obtain information about your account through SMS text messages, including balance and transaction history.
Confidential. You understand that text messages may contain personal information, such as your account balance, and you agree to accept responsibility for protecting your information from unauthorized third parties.
Help. You may text HELP to 79680 to obtain help regarding the Mobile Banking Service.
Cancellation. You may text STOP to 79680 to cancel the Mobile Banking Service.
Disclaimer of warranties; limits on our liability and obligations to you; your agreement to indemnify us against certain losses.
As Is Basis. You understand and agree that your use of the Online Banking Service is at your own risk and the Online Banking Service is provided on an “as is” and “as available” basis.
Disclaimer of warranties. To the fullest extent permitted by law, we make no warranties of any kind for the Online Banking Service, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. We further disclaim any implied warranties that may arise form course of dealing or performance. We do not warrant that the Online Banking Service will meet your requirements or expectations, or that the Online Banking Service will be uninterrupted or error free, that defects will be corrected, or that our Website that makes the Online Banking Service available is free of viruses or other harmful components, and you agree we are not responsible for any damage to your computer, system, or electronic device that results from the download of any information from the Online Banking Service or Website or from the viewing or access of the Online Banking Service or Website. Bank does not make any representation that any content or use of the Online Banking Service is appropriate or available for use in locations outside of the United States. No advice of information that you obtain from us through the use of the Online Banking Service or from viewing the Website will create any warranty or representation unless expressly stated in these terms. We are not responsible for determining whether taxes apply to any transaction or for collecting, reporting, or remitting any taxes that arise from any transaction.
Limits on our liability and obligations to you. Bank and its affiliates, and their respective officers, directors, employees, and agents, shall have no liability to you for any loss, damage, cost or expense arising out of this Agreement, the Online Banking Service except for liability arising as a direct result of our gross negligence or willful misconduct. In no event shall clerical errors or mistakes in judgments constitute failure to exercise ordinary care, nor shall we have any liability for any indirect, incidental, consequential (including lost profits), special or punitive damages, whether arising in contract or in tort and whether or not the possibility of such damages was disclosed to or could have been reasonably foreseen by us. Under no circumstances shall we be responsible for any liability, loss or damage resulting from any delay in performance of or failure to perform in connection with the Online Banking Service that is caused by interruption of telephone, internet or communication facilities, delay in transportation, equipment breakdown or mechanical malfunction, electrical, power or computer failure, or other circumstances which are unavoidable or beyond our control. We shall not be liable for failure to perform any of its obligations in connection with the Online Banking Services or Systems if such performance would result in it being in breach of applicable law. If we fail to credit any of your Eligible Accounts utilized in connection with the Online Banking Services or Systems in accordance with the applicable Deposit Account Agreement as of the date such credit was earned, upon discovery or notification of such amount, we shall not incur any liability therefore, including any loss resulting from failure by you to invest the amount of funds not properly credited to the Account. You agree that we shall not be liable to the you for any act done or step taken or omitted in good faith, or for any mistake in fact or law, or for anything which it may do or refrain from doing in connection with this Agreement, except resulting from our gross negligence or willful misconduct. Except as otherwise expressly mandated by applicable law, in no case shall we be liable or responsible to you (regardless of the form of the cause of action and regardless of whether the liability or responsibility arises under contract, quasi-contract, tort and/or negligence) in an amount which exceeds the sum of the previous twelve (12) months of all fees actually paid by you to us pursuant to this Agreement.
Non-conforming transactions. We will not be obligated to honor, in whole or in part, any transaction or instruction if (i) it is not in accordance with any term or condition of this Agreement or any other agreement, policy, or procedure applicable to the relevant Eligible Account; (ii) we believe or have reason to believe the transaction was not properly or validly authorized; (iii) the subject Eligible Account, or funds therein, involves a hold, dispute, restriction or legal process or order that prevents (or we believe prevents) the transaction or instruction; (iv) it would violate any applicable rule, regulation, law, or provision of any risk control program of any federal or state regulatory authority; or (v) we have other reasonable cause not to honor the transaction for our or your protection.
Force majeure. In no event will Bank be liable for any failure of availability or performance due to scheduled system maintenance or circumstances beyond our control, including, without limitation, power outage, computer virus, system failure, fire, flood, earthquake, or extreme weather.
Indemnification. To the maximum extent permitted by applicable law, you shall indemnify, reimburse, protect, save, hold harmless and defend us, and our directors, officers, employees, agents, successors and assigns (“Indemnities”) from and against any and all liability, losses, damages, actions, suits, proceedings, controversies, fees (including reasonable attorneys’ fees and investigatory fees) fines or penalties (whether groundless or otherwise and regardless of the form of the cause of action or whether the liability or responsibility arises under contract, quasi-contract, tort and/or negligent) incurred by or asserted against such Indemnities resulting directly or indirectly from:
Your access to or use of the Online Banking Service or Website;
Your failure to meet your obligations, representations, covenants, warranties, duties or other responsibilities arising under this Agreement or any other claim against the Indemnities by reason of your acts or omissions or of any third party or otherwise;
Any and all fines and assessments imposed on us as a result of any infraction or violation of law caused by or attributable to you;
Any willful misconduct, negligence, action or omission on the part of anyone other than an Indemnitee;
Our performance of our obligations under this Agreement, or from our attempted or actual execution of any request, instruction or order from you, except to the extent such is caused by the gross negligence or willful misconduct of such Indemnities (provided that reliance, without further investigation, on any oral, telephonic, electronic, written or other request, notice or instruction believed in good faith to have been given by Customer will in no event constitute gross negligence of willful misconduct on the part of such Indemnities).
Amendments, Notices and Communication
Unless otherwise prohibited by the laws. Unless otherwise prohibited by the laws governing your Eligible Account, if two or more separate notices are returned or, in the case of electronic notifications, one or more notices are returned as undeliverable, then we may discontinue sending notices to you until you provide a valid postal or e-mail address to us. We have no obligation to retain any notices that are returned to us.
Notices from you.Any notice you send us will not be effective until we actually receive it and have a reasonable opportunity to act on it. You assume the risk of loss in the mail or otherwise in transit. Unless otherwise stated in this Agreement, notice or other communication required or permitted by this Agreement shall be in writing and to us at 415 5th Street, West Palm Beach, Florida 33401. Any notice you send us will not be effective until we actually receives it and have a reasonable opportunity to act on it.
Telecommunications; Recordings. Customer agrees that Bank may electronically monitor and/or record any telephone communications with Customer. Customer and Customer’s Corporate Rep(s) give their prior consent to these records and it is the Parties’ intent that this prior consent be the prior consent to interception of oral communications provided for in Fla. Stat. ? 934 et. seq. The Bank may retain these records for as long as it deems appropriate. The decision to record any telephone conversation shall be solely within the Bank’s discretion and the Bank has no liability whatsoever for failing to do so. Customer agrees and understands that Bank is authorized, but not obliged, to rely upon and act in accordance with any application, instruction, consent or other communication by fax, electronic transmission or telephone received by Bank Officer purporting to be a communication by an authorized person on Customer’s behalf without inquiry as to the source of the transmission or identity of the person purporting to send such communication.
Proprietary rights. Other than your personal account information, all content included or available on the Online Banking Service, such as advertisements, text graphics, logos, icons, images, audio and video files, and software, is the property of Bank, and/or third parties and is protected by copyrights, trademarks, or other intellectual and proprietary rights. The compilation of all content on the Website and within the Online Banking Service is the exclusive property of Bank and/or its licensors and is protected by copyright or other intellectual property rights. The trademarks, logos, and service marks displayed on the Online Banking Service (collectively the “Trademarks”) are the registered and unregistered trademarks of Bank or third parties. Under no circumstances may you use copy, alter, modify, or change these Trademarks. Nothing contained on the Website or within the Online Banking Service should be construed as granting any license, either expressly, by implication or otherwise or right to use any Trademark without the express written permission of Bank, or the third party which has rights to such Trademarks, as appropriate.
Entire agreement. In combination with other applicable Bank agreements as described in Section 1 of this Agreement, which this Agreement supplements and all such other agreements are incorporated herein by this reference, this Agreement represents the agreement between you and Bank regarding the Online Banking Service and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject of online access. Each of the rules, terms, and conditions set forth in this Agreement stand alone. Any term or condition contained in this Agreement that is inconsistent with the laws governing the Online Banking Service will be deemed to have been modified by us and applied in a manner consistent with such laws. Except as otherwise expressly provided in this Agreement, if any provision of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions will remain in full force and effect and will in no way be invalidated or otherwise affected.
Assignment; Successors. You may not assign this Agreement to any other party without our prior written consent. We may assign the Agreement or delegate any or all of our rights and responsibilities under this Agreement to independent contractors or third parties. This Agreement shall bind and benefit the parties and their successors and permitted assigns.
Waiver.No waiver shall be valid unless in writing and signed by an authorized officer of Bank. No delay or omission by us in exercising any rights or remedies under this Agreement shall impair such right or remedy or be construed as a waiver. Any single or partial exercise of a right or remedy shall not preclude further exercise of any other right or remedy.
No Exclusivity. Nothing contained in this Agreement is intended to create an exclusive relationship and shall not prevent Bank or Customer from providing or receiving any services of the type contemplated herein.
Severability. Any provision of this Agreement that is unenforceable shall be ineffective to the extent of such provision, without invalidating the remaining provisions of this Agreement. If performance of any of the obligations under the Agreement would result in violation of Applicable Law, the Agreement shall be deemed amended to the extent necessary to comply therewith.
Choice of law. Except to the extent superseded by federal law, the laws of Florida shall govern the provisions of this Agreement, without regard to choice of law principals.
Jurisdiction and venue. Any legal action seeking monetary, declaratory, or injunctive relief with respect to enforcement, interpretation, or violation of this Agreement, must be commenced only in a court of competent subject-matter jurisdiction in Palm Beach County, Florida and you agree and consent to venue and personal jurisdiction in such a court. The prevailing Party in any legal action, including any appeal, relating to this Agreement is entitled to reasonable expenses, court costs and attorneys’ fees incurred in connection with such.
WAIVER OF TRIAL BY JURY. THE PARTIES IRREVOCABLY WAIVE ALL RIGHTS TO A TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING THIS AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR EACH PARTY TO ENTER INTO THIS AGREEMENT AND TO PERFORM HEREUNDER.
Warranties. You warrant that: (a) You will be the only user of your username and password; (b) You will not transfer or disclose any of this information to any other person; (c) You will provide true, accurate, current and complete information about yourself as requested and will not misrepresent your identity; and (d) You will (i) not use the Online Banking Service for any illegal purposes, (ii) comply with all regulations, policies and procedures of networks through which you access and use the Online Banking Service; (iii) not use the Online Banking Service for any activity or use that may disrupt the Online Banking Service or the networks through which you access or use the Online Banking Service; and (iv) not access or attempt to access any Online Banking Service account for which you have no access authorization, or duplicate, modify, distribute or display any of the data or files from any such account.