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OnlineAdvantagesm
Business Service Agreement
and Disclosure Statement
GENERAL. By signing this
Agreement and completing the ONLINEADVANTAGE
Application (the "Application") to
subscribe to certain business computer banking and related services offered
by the Bank of Lancaster, as described in this ONLINEADVANTAGE
Business Service Agreement and
Disclosure Statement (the "Agreement") and as otherwise made available by
the Bank of Lancaster from time to time and in consideration of our allowing
access to ONLINEADVANTAGE,
you agree to the terms and conditions of this Agreement.
Each reference in this Agreement to the "Bank", "we", "us",
or "our" refers to Bank of Lancaster, a state banking corporation, and each
reference to "you" and "your" refers to each depositor, borrower, authorized
signer, or authorized user for an account (as defined below) who is now or
hereafter enrolled in any one or more of the Bank’s online banking Business
Services. The Business Services to be provided by Bank to you consist of
access to a secured Business Service ("Service") that permits you to obtain
certain account information reporting, electronic funds transfer services,
and other account maintenance functions, by means of a computer. These
services shall collectively be known as the "Services", "Internet banking",
"online banking", "online banking services", and "e-banking". As used in
this Agreement, the term "electronic fund transfer" has the meaning provided
for that term in Regulation E and includes, without limitation, a bank
transfer or bill payment (other than a bill payment made by check or other
paper item), as these terms are defined in Section 6 below.
Services are provided by the Bank for access and use by you.
The Bank’s vendor, Certegy Inc. (Vendor), is the sole owner and licensor for
the Service and has granted the Bank the right to sublicense the Service to
you.
This agreement will be effective as of the date of our
acceptance of this Agreement and Application as evidenced by your signature
thereon and our issuance of a Password to you as provided in Section 3.
Please read this Agreement carefully and keep it for future reference.
USE OF SERVICE/LIMITED SUBLICENSE.
Bank hereby grants to you a sublicense for
use of the Service on a computer(s), subject to the terms and conditions set
forth in this Agreement. You acknowledge and agree that the Service and
Service documentation is valuable, confidential, and proprietary property
and agrees not to transfer, distribute, copy, reverse, compile, modify or
alter the Service or the Service documentation.
BROWSER SECURITY.
The Service transmits data using SSL
(Secure Socket Layer) technology that supports 128 bit key encryption. It is
important to verify that a secure connection between your browser and the
Service’s server has been established before transmitting any confidential
account information over the Internet. An indicator on your web browser can
verify this. Netscape Navigator has a key symbol that appears in the lower
left corner of the screen. When the symbol appears "solid", transmitted data
is being encrypted. When this symbol appears "broken", a secure session has
not been established. Similarly, Microsoft Internet Explorer has a lock
symbol that appears when data is being encrypted. When this symbol does not
appear, a session is not secure.
Although 128 bit encryption is the norm for domestic users
of Internet Explorer and Netscape browsers, it is possible to have a version
that uses a lower level of security. You must use a version with 128 bit
encryption.
ACCOUNT SECURITY. The Bank is strongly committed to
protecting the security and confidentiality of your account(s) information.
We use several techniques to help secure our online banking service,
including the following:
- You can only access O
NLINEADVANTAGE
with certain browsers that have
a high security standard.
Your account numbers are never displayed in full – only the last 4
digits can be viewed.
You must have a valid username, password, and PassMark - all
designed as security safeguards.
If no action is taken for 10 minutes, you will be automatically
logged off the Online Banking service.
TERMS. This
Agreement is effective from the date the Service is accessed by you and
shall remain in force until termination. The Agreement shall be terminated
upon thirty days prior written notice by either party to the other, upon
termination of the relationship between the parties, if you fail to comply
with the terms and conditions of this Agreement, or upon termination of the
software license agreement between Bank and its Vendor. You agree to return
any and all written and electronic documentation related to the Service to
the Bank, upon termination. You shall retain no copies in any form. The
provisions of this Agreement that protect the proprietary rights of the Bank
and its Vendor will continue in force after termination.
1. Hardware and Software Requirements.
To access ONLINEADVANTAGE
you must provide your own personal
computer (a "PC") with a modem and related equipment (the "Hardware"). The
product is best viewed using Internet Explorer 5.0 through 6.0 Service Pack
1 (SP1) or Netscape 6.1 through 7.01. Our service may work with other
browsers, e.g. Opera or Mozilla, but it is tested only with the specified
versions of Internet Explorer and Netscape Navigator/Communicator, and we
strongly recommend that you use one of the specified browsers for your
Internet transactions with our ONLINEADVANTAGE
service. We will not be responsible
for errors resulting from browser incompatibility. You also must provide the
type of telephone service and Internet access service required by the
Hardware and/or the Software. Once the Hardware has been properly connected
to the telephone service, and any required Internet access has been
established, you will be able to access ONLINEADVANTAGE
through the PC banking service
provider (the "Service Provider") that will act as an interface between you
and us. You are and will remain solely responsible for the purchase,
hook-up, installation, loading, operation and maintenance of the Hardware,
the Software, the telephone service, and the Internet access service to your
PC, and for all related costs. You are solely responsible for scanning on an
ongoing basis, using the latest virus definitions, the Hardware and the
Software for computer viruses and other related problems before you use
them.
2. The Accounts.
You agree to use ONLINEADVANTAGE
solely for the services described
in this Agreement and designated by you in the Application or subsequently
designated by you as provided in Section 5, and solely in connection with
each deposit account (collectively, the "Deposit Accounts") and each loan
account (collectively, the "Credit Accounts") held by us and designated by
you in the Application or subsequently designated by you as described below
(collectively, the "Accounts"), except as otherwise expressly provided in
this Agreement or as otherwise expressly permitted by us from time to time.
You must have one or more of the following accounts with us to be eligible
for ONLINEADVANTAGE:
- Checking
- Savings
- Bonus Money Market
- CD
- Loan
- VISA®
3. Password; Confidentiality of Password. All online
banking transactions or inquiries must be initiated by use of your online
banking personal identification code (the "Password"). We will assign you an
initial Password after we have accepted your Application. The first time you
sign on to online banking, you will be required to select a new Password.
You must change your Password every 90 days as prompted by the system. It is
recommended that you do not use your social security number, birthdays,
names, or other codes that may be easy for others to determine as your
Password. No Bank employee will ever ask for your Password, nor should you
provide it to anyone unless you intend to allow that person access to your
accounts.
Newer computer operating systems and some browser versions
have the capability to memorize passwords for you, and to fill them in when
you revisit a web site for which the password was memorized. WHILE
CONVENIENT, THIS IS STRONGLY DISCOURAGED. Letting your password for our
service be memorized will give access to your accounts to anyone who has
access to your computer.
YOU AGREE TO KEEP YOUR PASSWORD CONFIDENTIAL. USE OF THE
PASSWORD BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE
CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY
TRANSACTION OR REQUEST COMMUNICATED THROUGH ONLINE BANKING. You agree that
any online transaction or request initiated by use of the Password will be
subject to and governed by this Agreement.
If you authorize another person to use your Password, that
person can use online banking to view any information or initiate any
transaction on any of the accounts to the same extent as you, including
viewing information or initiating transactions on accounts to which that
person does not otherwise have access. As such, your sharing of your
Password is strongly discouraged by the Bank, and done at your sole risk and
peril.
If a third party should gain access to your Password, you
alone are responsible for changing the Password so as to deny the third
party’s access to your banking information. Given the electronic nature of
these transactions, the Bank shall have no liability to you in the event a
third party should gain access to your Password through no fault of the
Bank.
The Bank will disable employee access to the Service upon
receipt of your notification. It is your responsibility to notify the Bank
when a staff member is no longer an employee.
You should always exit online banking after you finish
viewing your accounts. Never leave your computer unattended while accessing
online banking. If you should, a third party may be able to access your
accounts from your terminal, without ever needing to use your password.
4. Business Days.
Business days for the Bank of Lancaster
and ONLINEADVANTAGE
are Monday through Friday,
excluding holidays. You may access the accounts through online banking 24
hours a day, seven days a week, except that regular maintenance performed on
our systems or equipment may result in errors or interrupted service. We do
not warrant that online banking or ONLINEADVANTAGE
will be available at all times.
When unavailable, you may use our "Service Advantage" telephone banking
service, any of our automated teller machines ("ATM") or any of our branch
offices to conduct your transactions. We may also find it necessary to
occasionally change the scope of our services. We cannot guarantee that we
will be able to provide notice of such interruptions and changes, although
we will attempt to provide such notice. Refer also to the Processing
Schedule included as Schedule A to this Agreement
5. Online Services.
You may use ONLINEADVANTAGE
to perform any of the following
basic online services as follows:
- To transfer funds between any Deposit Accounts, such as checking,
savings or bonus money market deposit accounts;
- To transfer funds or make payments/advances as approved in a
separate credit agreement between any Deposit Account and any Credit
Account, such as an installment loan, credit card account, equity line,
or other loan;
- To receive and download balance and transaction information for
designated accounts; and
- To receive e-mail from and transmit e-mail to the Bank, all as
described in this Agreement and the Software.
Additionally, subject to your
acceptance as indicted at the end of the Application,
you may sign up for an additional online
service (separate from the "basic services" described above) to pay bills
electronically.
6. Transfers to and from Accounts.
In addition to account information
reporting, you may request access to certain Funds Transfer Services as
described below. Funds transfers are available during specific business
hours as described in the attached schedule. You must specify who can access
to the Funds Transfer Services (Customer Representative) and the authorities
per transaction type. If you, or any of your authorized Customer
Representatives, use the Funds Transfer Services described, the following
condition(s) shall apply:
Deposit Accounts. You
may use online banking to initiate electronic fund transfers from one
Deposit Account that is a checking, savings, or bonus money market
deposit account to any other Deposit Account that is a checking,
savings, or bonus money market deposit account, as provided in this
Agreement. These types of transactions are referred to in this Agreement
as "bank transfers".
Credit Accounts. You
may use online banking to initiate electronic fund transfers from one
Deposit Account that is a checking or savings account to make a payment
on a Credit Account that is a commercial loan or line of credit or
credit card, as provided in this Agreement. These types of transactions
are referred to in this Agreement as "loan payments".
• ACH Transactions.
You acknowledge that the ACH Transaction
feature of the Service is an alternate entry system for issuing ACH
transaction orders between you and us. A separate ACH Origination Agreement
between you and us is required. This ACH Origination Agreement shall govern
the acceptance and liability for all ACH Transactions originated by you.
• Tax Payments.
You acknowledge that the Tax Payments
feature of the Service is an alternate entry system for issuing EFTPS tax
payment orders between you and us. A separate Tax Payment Origination
Agreement between you and us is required. This Tax Payment Origination
Agreement shall govern the acceptance and liability for all Tax Payments
originated by you.
Authorization. You
expressly authorize us to debit the appropriate Deposit Account in the
amount of any bank transfer or loan payment initiated through online
banking by you, by your Customer Representative or by any other person
who is authorized to use your Password. You agree that we may treat any
such bank transfer or loan payment from a Deposit Account the same as a
duly executed written withdrawal, transfer, or check and that we may
treat any such bank transfer or loan payment to a Deposit Account the
same as a deposit, all in accordance with the terms of this Agreement
and your deposit agreement(s) with us.
Limitations. Your
ability to initiate bank transfers between Deposit Accounts or make loan
payments from your Deposit Accounts may be limited by federal law or by
the terms of your deposit agreement with us. Bank transfers from Deposit
Accounts that are savings deposit accounts are limited as required by
federal regulation. You agree that we may, without notice or other
obligation to you, refuse to make any bank transfer for security reasons
or as otherwise expressly provided in this Agreement or your deposit
agreement with us. Bank transfers from Deposit Accounts are also subject
to limitation on availability of collected funds. See following section as
well.
• Time of bank transfers; posting; funds
availability. If you initiate a
bank transfer or loan payment of available funds
on or before 4:30 p.m.
Eastern Time on a business day, the bank transfer or loan payment will be
posted to the Deposit Account on the same business day. If you initiate a
bank transfer or loan payment after 4:30 p.m. Eastern Time on a business
day, the bank transfer will be posted on the next business day. Transferred
funds will be available for withdrawal on the business day following the
business day the bank transfer is posted to the Deposit Account. The Bank
will determine the transaction time by placing a time stamp on all
transactions. Please refer to the Processing Schedule for posting and funds
availability information included as Schedule A to this Agreement.
Except as expressly otherwise provided in this Section,
transferred funds will be available for transfer and withdrawal as provided
in the Schedule of Funds Availability.
7. Stop Payment Services.
You acknowledge that the Stop Payment
feature of the Service is an alternate entry system for issuing Stop Payment
Orders. When utilizing this feature, you warrant that the information
describing the check or draft, including the check or scheduled transfer
date, it’s exact amount, the check number and payee, is correct. You
acknowledge that the exact amount of the check or draft is required, and if
the incorrect amount or any other incorrect information is provided, we will
not be responsible for failing to stop payment on the item. You agree that
the Stop Order must be received by us within a reasonable time for the us to
act on the order prior to final payment of the check, or if an ACH/EFT
transfer, at least three (3) business days preceding the scheduled date of
the pre-authorized ACH/EFT. Using this service, a Stop Payment Order
received by us will be accepted as if it were in written form, will be
effective for six (6) months only, and will expire automatically at that
time, without further notice, unless specifically renewed prior to
expiration.
8. Account Information.
You may use online banking to receive,
download, and store or print information regarding an account that is set
forth in the statement for the Account, debits and credits made to the
account, amounts and item numbers for items drawn on the account (if
applicable), and the daily account balance (including interest credited to a
Deposit Account and finance charges accrued on a Credit Account). All
account information provided via online banking will normally be current as
of the end of the preceding business day, and is subject to further
adjustment and correction. Because the information made available to you is
"raw data" furnished through the Service Provider and is subject to change,
we cannot assure you of the accuracy or completeness of the information and
expressly disclaim the same. You will still receive your usual periodic
statement of account, and adjustments may have been made to your account in
connection with the preparation of your statement.
9. Electronic Mail Service.
You may use online banking to send
electronic mail ("e-mail") to us and to receive e-mail from us. However,
your e-mail is actually sent via your own software and, as a result, is not
secure. Because of this, you should not include confidential information,
such as account numbers, and balances in any e-mail to us. E-mail
transmitted by you to us via online banking often will not be delivered to
us immediately. If you need to contact us
immediately to stop payment, to report an unauthorized use of your Password,
to report unauthorized access to an account, or for any other reason, you
should call us at 1-804-435-1171 or 1-800-435-1140.
We will not be responsible for acting on
or responding to any e-mail request made through online banking until we
actually receive your e-mail message and have a reasonable opportunity to
act. You should check your e-mail regularly; we will attempt to notify you
by e-mail in the event of any technical difficulties or other occurrence
that may affect your use of online banking. The e-mail service may not be
used to make bank transfers between accounts or to make bill payments from
an account.
10. Additional Service.
We may, from time to time, make additional
services available through online banking. We will notify you of the
availability and terms of these new services. By using
these additional services when they become available, you
agree to be bound by this Agreement and any additional instructions,
procedures and terms provided to you with respect to each of these new
services.
11. Bill Payment Service.
The Bill Payment service allows you to
schedule bill payments through online banking. We do not provide the service
directly. Instead, we have entered into an agreement with a bill payment
provider (Provider) to provide the bill payment services directly to you.
Subject to any regulatory or bank imposed limitation on usage, you can
arrange, at your option, for the payment of your current, future and
recurring bills from a checking account, a bonus money market checking
account or other transaction account. There is no limit to the number of
payments that may be authorized and you may pay any merchant or individual
approved by the Provider, however, the amount of any individual payment may
not exceed $99,999.00. While you initiate payments electronically, they are
ultimately paid via an automated clearinghouse (ACH) network or by a paper
check. Payments delivered over an ACH network are governed by the rules and
performance standards of that network.
By furnishing the names of your payees/merchants and their
addresses, you authorize us and our Provider to follow the payment
instructions you provide for those payees/merchants. When payment
instructions are received, funds will be remitted from the selected account,
to the appropriate payee on your behalf on the business day that you request
("Payment Date"). However, there is no obligation to make requested payments
unless your account and/or overdraft protection plan has sufficient funds or
credit availability to pay the bill as of the Payment Date. Funds for bill
payments will be withdrawn from your account on the applicable Payment Date.
A bill payment account ("Bill Payment Account"), separate from any account
you hold with us, is established at the Provider. When the Provider receives
notification of any return item, such as NSF or Account Closed, a block is
placed on the Bill Payment Account for a minimum of five (5) business days.
This prevents you from initiating any additional payments through the Bill
Payment Account or from having any recurring or future dated payments made
until the original returned item has been paid. The Provider is obligated to
pay any late fees incurred by you because of late payments so long as you
allow four (4) business days.
Our Provider and we each reserve the right, at our
discretion, to implement security features to reduce the risk of loss. These
may include requiring pre-authorized drafts, verifying funds through an ATM
network, and separating debits from credits so that payments are not sent
until after good funds are received. Our Provider and we also each reserve
the right to terminate your use of Bill Payment services at any time.
If, for any reason, you should ever wish to cancel online
banking, we strongly suggest that you cancel all future bill payments at the
same time. This will ensure that future payments and transfers made by you
will not be duplicated. We will automatically delete any outstanding payment
orders (all individual payments and all recurring payments) once we have
been notified that your Bill Payment service has been terminated. We will
continue to maintain your accounts until you notify us otherwise.
12. Fees and Charges.
There are no general fees for the Service.
However, applicable fees for certain transaction types (e.g., Stop Payments
and ACH Transactions) apply. Refer to the Bank’s Fee Schedule for details.
The following are fees and charges for use of the online banking services
described in this Agreement.
• ACH $20.00 set up fee $5.95 per transmission/file
• Bill Payment Services – No Fee
Unless otherwise specifically indicated, all fees shall be
deducted automatically on a monthly basis from a payment account you
designate with us. In the event your payment account has insufficient funds
to cover any fees, we may deduct the fees from any other account you have
with us in any order we choose. If you close the designated payment account,
you must notify us and identify a new payment account for the selected
online banking services. Additionally, if you close all accounts with us,
you must notify us and cease all use of the online banking services. If fees
cannot be collected from any of your accounts, we may cancel all or some of
your online banking services. After cancellation, we may reinstate some or
all of the online banking services, at our discretion, if you deposit
sufficient funds in your account(s) to cover any accrued fees and pending
transfers or debits. You are solely responsible for any telephone or
Internet service provider charges incurred when using the online banking
services. You will be solely responsible for all tariffs, duties, or taxes
imposed by any government or governmental agency in connection with any
transfer made pursuant to this Agreement. There may be other costs and
charges associated with your account(s). Refer to the Bank’s Fee Schedule
for details.
13. Errors and Adjustments.
We agree to correct any error made in
crediting or debiting any account by making the appropriate adjustment to
your account balance. You agree to repay promptly any amount credited to
your account in error, and you authorize us to initiate a debit transfer to
any account to obtain payment of any erroneous credit.
14. Account Reconciliation.
The Deposit Account statements or other
notices provided to you by us will notify you of: (a) the execution of bank
transfers or bill payments and the debits to the Deposit Account made with
respect to such bank transfers and bill payments, and (b) amounts debited by
the Bank from the Billing Account or any other account for payment of the
services or other charges pursuant to this Agreement. You agree that we will
not be required to provide any other notice to you of the execution of bank
transfers, bill payments, or debits. You agree to promptly examine each
statement for a Deposit Account and to promptly report any discrepancies
between your records and the Deposit Account statements or any other notices
mailed by the Bank to you, as provided in Section 20.
15. Settlement of Obligation.
To the fullest extent permitted by
applicable law, you authorize us to obtain payment of your obligations to us
under this Agreement from time to time by: (a) initiating debit or credit
transfers to any of the account(s) or (b) deducting the payment from the
amount of any bank transfer or bill payment. Such obligations include,
without limitation; fees owed to us and settlement for bank transfers or
bill payments initiated through online banking. At the time any account is
closed (whether by you, by us, or otherwise) or any online service is
terminated (whether by you, by us, or otherwise), you agree that all such
obligations will be immediately due and payable to us, and you authorize us
to withhold the amount of any such obligations from any account. Debiting an
account or deducting payment from the amount of any bank transfer or bill
payment is not the Bank’s exclusive remedy under this or any other section
of this Agreement, and the Bank will not be deemed to have made an election
of remedies by making any such debit or deduction on any one or more
occasions.
16. Bank’s Liability for Failure to Make or Stop Certain
Electronic Fund Transfers.
If we do not complete a transaction to or from your account
on time or in the correct amount according to our agreement with you, we may
be liable for your losses or damages. HOWEVER, IN NO EVENT SHALL WE BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT
NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, EVEN IF WE HAVE BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES. There are some exceptions to our possible
liability. (There may be other exceptions not specifically mentioned here.)
We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in the
Deposit Account (or any linked account) to make the electronic fund
transfer.
- If the electronic fund transfer would go over the credit limit on
any check overdraft protection line of credit (if applicable) account
linked to the Deposit Account.
- If you have not completely and properly followed the terms of this
Agreement or instructions provided by the Software regarding how to make
an electronic fund transfer.
- If any data or instruction transmitted via online banking are
inaccurate or incomplete.
- If you do not initiate an electronic fund transfer according to the
time limits set forth in this Agreement or if the payment amount
requested is less than the full amount due.
- If the electronic fund transfer has been transferred from the
Deposit Account to a third party, including, without limitation, any
third party through which payment is made and any payee or its financial
institution.
- If the Hardware, the Software, the Service Provider, or any part of
the online banking system, including the bill payment service, was not
working properly and you knew about the breakdown when you started your
electronic fund transfer.
- If circumstances beyond our control, such as an act of God, failure,
delay, or error on the part of any third-party service provider
(including, without limitation, the Service Provider, the United States
Postal Service or any other delivery service), power outage, difficulty
with telephone or cable lines or satellite communications, difficulty
with any Hardware, the Software, or the Service Provider, computer virus
or related problem, or cessation of the operation of the Service
Provider or the arrangement between the Bank and the Service Provider,
prevent or delay the electronic fund transfer, despite reasonable
precautions that we have taken.
- If your funds are being held or frozen or are subject to legal
proceedings.
- If the funds in the Deposit Account are unavailable (funds are only
conditionally credited until they become available for withdrawal).
- If a transaction on your account is made using a Password that has
been reported lost or stolen or if we have any other reason to believe
that an electronic fund transfer may be erroneous or unauthorized.
- If you or any Customer Representative on a Deposit Account has
requested that we stop payment of the electronic fund transfer.
- If you have exceeded the limitations on the number of withdrawals or
transfers allowed during the statement period for the type of Deposit
Account you have with us (e.g. certain types of savings accounts,
including bonus money market deposit accounts).
- If the Deposit Account has been closed.
- If we do not receive the necessary transfer information from you or
any third party, or if such information is incomplete or erroneous when
received by us.
- There may be other exceptions stated in this or any other applicable
agreement that we may have with you.
17. Limits on Bank’s Liability.
Sections 16 and 20 also govern our
liability for electronic fund transfer made to or from Deposit Accounts. If
any provision herein is inconsistent with any provision of Section 16 or
Section 20 or any provision of applicable law that cannot be varied or
waived by agreement, the provisions of those Sections or applicable law
shall control. To the fullest extent permitted by applicable law, you agree
that we will have no liability whatsoever for any loss, damage, or claim
arising out of any delay or failure in the performance of any online banking
service in accordance with the terms of this Agreement, including but not
limited to, that resulting from our negligence. Our duties and
responsibilities to you are strictly limited to those described in the
Agreement, except with respect to any provisions of the law applying to
electronic fund transfers that cannot be varied or waived by agreement. In
no event will we be liable for any consequential, special, or punitive
damages or for any indirect loss that you may incur or suffer in connection
with the service (even if we have been informed of the possibility of such
damages), including, without limitation, attorneys fees. The Service
Provider is an independent contractor and not our agent. Our sole duty shall
be to exercise reasonable care in the initial selection of the Service
Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A
PARTICULAR PURPOSE, IS MADE BY US WITH
RESPECT TO ANY ONLINE BANKING SERVICE OR THE SOFTWARE, AND
WE HEREBY DISCLAIM ALL SUCH WARRANTIES. The only warranties are those
provided by the licensor of the Software and set forth on the Software
package. To the fullest extent permitted by applicable law, and without
limiting the generality of the foregoing, we shall not be liable at any time
to you or any other person for any loss, charge, fee, penalty, expense or
other damage resulting from any failure or delay of the performance of our
responsibilities under this Agreement which is caused or occasioned by any
act or thing beyond our reasonable control, including, without limitation,
legal restraint, interruption of transmission or communication facilities,
equipment failure, electrical or computer failure, war, emergency
conditions, acts of God, fire, storm, or other catastrophe, or inability to
obtain or delay in obtaining wire services or Internet access, or refusal or
delay by the Service Provider or another bank or financial institution to
execute any bank transfer or bill payment. In addition, we shall be excused
from any failure or delay in executing a bank transfer or bill payment, if
such execution would result in the violation of any applicable state or
federal law, rule, regulation or guideline. To the fullest extent permitted
by applicable law, you agree that we shall not have any liability whatsoever
for any loss caused by the act, error, or omission of you or any other
person, including, without limitation, the Service Provider, any Internet
access service provider, any federal reserve bank or transmission or
communications facility or any intermediary or receiving financial
institution, and no such person shall be deemed our agent.
18. Your Liability for Unauthorized or Erroneous Transfers.
To the fullest extent permitted
by applicable law, you agree to be responsible for all unauthorized or
erroneous transactions initiated through online banking. You have the
obligation to immediately notify us if your Password has been lost or
stolen, or if someone has transferred funds from your account through online
banking without your permission (or is contemplating doing so). The
following provisions of this Section apply only to your liability for
unauthorized electronic fund transfers. An "unauthorized electronic fund
transfer" means an electronic fund transfer from a Deposit Account that is
initiated by another person without your authority to initiate the
electronic fund transfer and from which you receive no benefit. The term
does not include any online banking electronic fund transfer that is
initiated by a person to whom you furnished your Password, unless you have
notified us that electronic fund transfers by that person are no longer
authorized and we have had reasonable opportunity to act on that
notification. We may require that the notice be in writing. You could lose
all the money in your Deposit Account, some or all of the money in any
linked account, or up to your maximum overdraft line of credit if you have a
check overdraft protection line of credit, if you fail or refuse to
immediately advise us of the unauthorized use of your Password. If your
statement shows electronic fund transfers that you did not make, tell us at
once. If you do not tell us within sixty (60) calendar days after the
statement was mailed to you, you shall not be entitled to assert a claim
against us, nor be entitled to any damages from us, as to said unauthorized
transfers. This sixty (60) day limitation is without regard as to the
standard of care exercised by us. If you believe
your Password has been lost or stolen or that someone has transferred or may
transfer money from a Deposit Account without your permission call:
1-804-435-1171 or 1-800-435-1140 or email onlineadvantage@banklanc.com.
19. Unauthorized Transfers.
You should notify us immediately if you
believe anyone has improperly obtained your Password or if you suspect any
fraudulent activity in your account(s). If your Password has been
compromised and you tell us within two (2) business days of discovering the
loss or misappropriation, you can lose no more than $50. If you do not tell
us within the two (2) business day period, you could lose as much as $500 if
we could have stopped the use of your account(s) had we received notice in a
timely manner. You should contact us, or the Provider, as applicable, a soon
as you identify any errors or discrepancies in your statement or transaction
record, or if you need any information about a transaction listed on the
statement or transaction record. We must hear from you no later than sixty
(60) days after we have sent the first statement on which the problem or
error appeared (if you notify us verbally, we may require that you send us
your complaint or question in writing or electronically with ten (10)
business
days). If you fail to notify us with the sixty (60) day
period, you may not recover any of the money you lost if we can establish
that the loss could have been avoided had you notified us on time. We may
extend these time periods for good reasons such as out-of-town travel or
extended hospital stays.
When you report a problem or discrepancy, please: (a) tell
us your name and account number; (b) describe the error or the transaction
you are unsure about, and explain why you believe it is in error or what
additional information you need; (c) tell us the dollar amount of any
suspected error; and (d) for a bill payment, tell us the number of the
account used to pay the bill, the applicable payee name and account number,
the date the payment was sent, the payment amount and the payment reference
number. We will tell you the results of our investigation within ten (10)
business days, or twenty (20) business days in the case of a point of sale
or international transaction, after we hear from you. However, we may take
up to forty-five (45) days, or ninety (90) days in the case of point of sale
or international transaction, to investigate your complaint or question. In
this case, we may provisionally credit your account so that you have use of
the money during the time it takes us to complete our investigation. If you
fail to provide your complaint or question in writing within ten (10)
business days of a request from us to do so, we reserve the right to not
credit your account. If we confirm an error, we will correct your account
record within ten (10) business days, or twenty (20) business days in the
case of point of sale or international transaction. If we determine that
there was no error, we will send you a written explanation within three (3)
business days after we conclude our investigation and will debit any interim
amounts credited to your account. You may request copies of any documents
that we use in our investigation.
20. Rejection of Payment Orders; Overdrafts.
You acknowledge that we or the Service
Provider may from time to time, in its sole discretion, reject any bank
transfer or bill payment request (any "payment order") or return any bank
transfer or bill payment (a) if there are insufficient or unavailable funds
in the Deposit Account or the Deposit Account has been closed or is frozen,
(b) if the payment order does not conform to the terms of this Agreement or
the Software, or (c) if the payment order appears to be a duplicate, but
neither we nor the Service Provider is under any obligation to recognize
that a payment is a duplicate and you should not rely on us or the Service
Provider to do so. If a payment order is rejected or a bank transfer or bill
payment is returned, either we or the Service Provider will notify you and
you will have the sole obligation to remake the payment order in accordance
with the terms of this Agreement and the Software. We or the Service
Provider may from time to time, in our sole discretion and without any
obligation to do so, execute any payment order or make any bank transfer or
bill payment even though an overdraft to the account results. To the extent
permitted by applicable law, you agree that neither we nor the Service
Provider will have any liability whatsoever for refusing to accept any
payment order or rejecting or returning any bank transfer or bill payment.
If an overdraft occurs in a Deposit Account, you agree to cause sufficient
available funds to pay the amount of the overdraft to be deposited into or
credited to the Deposit Account before the end of that business day. Any
overdraft existing at the close of a business day is immediately due and
payable with notice or demand.
21. Disclosure of Deposit Account Information to Third
Parties. You agree that we may
from time to time disclose to third parties information about your Deposit
Account or the transactions that you make through online banking. We will
disclose information to third parties about your Deposit Account or the
transfers you make:
- Where it is necessary for completing bank transfers or bill payment
or providing any other service in connection with online banking; or
- In order to verify the existence of your Deposit Account for a third
party, such as a credit bureau or merchant; or
- In order to comply with government agency or court orders; or
- If you give us your written permission.
22. Links to Other Sites. Information that we publish on
the World Wide Web may contain links to other sites and third parties may
establish links to our site. We make no representations about any other web
site that you may access to, from or through this site. Unless expressly
stated in writing, we do not endorse the products or services offered by any
company or person linked to this site nor are we responsible for any
software or the content of any information published on the site of any
third party. You should take precautions when downloading files from sites
to protect your computer software and data from viruses and other
destructive programs.
23. Virus Protection.
We are not responsible for any electronic
virus that you may encounter using the online banking services. We encourage
you to routinely scan your computer and diskettes using a reliable virus
protection product to detect and remove viruses. If undetected and
unrepaired, a virus can corrupt and destroy your programs, files and
hardware.
24. Other Agreements; Severability; Governing Law.
The terms and conditions of this
Agreement are cumulative with and in addition to any terms of the signature
cards or account agreements for your Deposit Account(s), the applicable
account disclosures, the Service Schedule, the Schedule of Funds
Availability, our Electronic Fund Transfer Agreement and Disclosure
Statement, the agreements governing the Credit Account, and the Application,
and all may be amended from time to time. In the event of any conflict
between this Agreement and the content of the Software or any related
materials regarding our obligations to you, the terms of the Agreement will
control. If any provision of this Agreement is unlawful or unenforceable,
each such provision or writing will be without force and effect without
thereby affecting any other provision hereof. No provision of the federal
Electronic Fund Transfer Act or Federal Reserve Board Regulation E is
intended to be waived by you under this Agreement unless the waiver is
permitted by law. The parties agree to be bound by the operating rules and
guidelines of the National Automated Clearing House Association and the
applicable local automated clearinghouse association as in effect from time
to time with respect to all automated clearinghouse transfers made
hereunder. You submit to the jurisdiction of, and this Agreement shall be
governed by the laws of, the Commonwealth of Virginia, U.S.A., as well as
the federal laws of the U.S.A. Venue for any action arising out of this
Agreement shall be in a state court of competent jurisdiction covering
Lancaster County, Virginia, U.S.A. The prevailing party in any such action
shall be entitled to the recovery of its reasonable attorney’s fees, costs,
and expenses.
25. Amendments.
We may amend this Agreement from time to
time. Each amendment will be effected by our mailing or otherwise delivering
the amendment, revised agreement and/or notice thereof to you in accordance
with applicable federal and state laws. If no federal or state law
specifically governs the amendment, the amendment shall be effected by
mailing or otherwise delivering it to you or posting it in our full-service
branch offices at least ten (10) calendar days prior to the effective date
of the amendment. Notwithstanding the foregoing and to the extent permitted
by applicable law, we may change any term of this Agreement without prior
notice or obligation to you: (a) if the Software or the Service Provider
changes any term without providing us sufficient notice to enable us to
properly notify you; (b) for security reasons; (c) to comply with applicable
law; or (d) as otherwise expressly provided in this Agreement.
26. Termination.
You agree that we may cancel or restrict
your use of online banking or any online service at any time upon such
notice (including e-mail) as is reasonable under the circumstances. You may
cancel online banking by written request to us at any time. If you cancel
the bill payment service, all pending and/or recurring bill payments will be
automatically cancelled.
27. Assignment.
You may not assign all or any part of your
rights or obligations under this Agreement without our prior express
consent, which may be withheld in our sole discretion. We may assign or
delegate all or any part of our rights or obligations under this Agreement,
including,
without limitation, the performance of the services
described herein. This Agreement will be binding on and inure to the benefit
of the successors and assigns of either party.
28. No Third-Party Beneficiaries.
This Agreement is for the benefit of you
and us and is not intended to grant, and shall not be construed as granting,
any rights to or otherwise benefiting any other person, except as expressly
otherwise provided in this Agreement.
29. Waiver. We
shall not, by the mere lapse of time, without giving notice or taking other
action, be deemed to have waived any of our rights under this Agreement. No
waiver by us of a breach of this Agreement shall constitute a waiver of any
prior or subsequent breach of this Agreement.
30. Force Majeure.
Neither party shall be liable for any loss
or damage due to causes beyond its control, including fire, explosion,
lightning, pest damage, power surge or failures, strikes or labor disputes,
water, acts of God, the elements, war, civil disturbances, acts of civil or
military authorities or the public enemy, inability to secure raw materials,
transportation facilities, fuel or energy shortages, acts or omissions of
communications carriers, or other causes beyond that party’s control. Either
party may terminate this Agreement immediately on written notice if the
other party is prevented from performing its obligations under this
Agreement for a period of more than thirty (30) days due to the reasons set
forth in this subsection.
31. Construction.
This Agreement shall be construed equally
against the parties regardless of who is more responsible for its
preparation. If there is a conflict between a part of this Agreement and any
present or future law, the part of this Agreement that is affected shall be
curtailed only to the extent necessary to bring it within the requirements
of that law.
32. Restrictions.
You may not appropriate any information or
material that violates any copyright, trademark or other proprietary or
intellectual property rights of any person or entity while using the online
banking, network or data not specifically permitted to you by us or our
suppliers, and you must not include any obscene, libelous, scandalous or
defamatory content in any communications with us or our suppliers.
O NLINEADVANTAGESM
BUSINESS
SERVICE AGREEMENT AND DISCLOSURE STATEMENT
SCHEDULE A
PROCESSING SCHEDULE
All Transaction(s) must be submitted to Bank of Lancaster by
the cut off times noted below to allow processing on the Effective Entry
date:
E-Mail Messages 8:30 a.m. to 4:30 p.m.
24 hours maximum response time, business days only (excludes
weekends and holidays).
Stop Payments 8:30 a.m. to 4:30 p.m.
SAME banking day processing
Account Transfers and Loan Payments 8:30 a.m. to 4:30
p.m.
SAME banking day processing
All transfers and payments after 4:30 p.m. Eastern Time will
be processed the following business day.
"Business Day" is a day the Bank is open to the public for
carrying on substantially all of its business (other than Saturday, Sunday,
or listed Holiday).
"Effective Date" is the business day the transaction will be
processed.
Holiday Schedule (non-processing days)
New Year’s Day January 1
Martin Luther King Jr. Day Third Monday of January
President’s Day Third Monday of February
Memorial Day Last Monday of May
Independence Day July 4
Labor Day First Monday of September
Columbus Day Second Monday of November
Veteran’s Day November 11
Thanksgiving Day Fourth Thursday of November
Christmas Day December 25
Note – If the Holiday falls on a Saturday, we will be OPEN the preceding
Friday. If the Holiday falls on a Sunday, we will be CLOSED the following
Monday. |
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