OnlineAdvantagesm Service
Agreement
and Disclosure Statement
GENERAL.
By signing this
Agreement and completing the
OnlineAdvantage Application (the “Application”) to subscribe
to certain personal computer banking and related services offered by
the Bank of Lancaster, as described in this Service Agreement and
Disclosure Statement (this “Agreement”) and as otherwise made
available by the Bank from time to time and in consideration of our
allowing you 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
services. Reference to “Internet banking”, “online banking”, “online
banking services”, and “e-banking”, all refer to Bank of Lancaster’s
online banking product available through the Internet and named “OnlineAdvantage”.
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.
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.
BROWSER SECURITY.
Bank of
Lancaster’s Internet Banking 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 Internet Banking 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.
Bank of
Lancaster is strongly committed to protecting the security and
confidentiality of our customer’s account(s) information. We use
several techniques to help secure our online banking service,
including the following:
-
You can only
access OnlineAdvantage
with certain browsers that have a high security standard.
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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:
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:
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Checking
-
Savings
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Bonus Money
Market
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CD
-
IRA
-
Loan
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VISA®
Any account that
requires two or more signatures to make withdrawals, transfers or
other transactions is not eligible for
OnlineAdvantage.
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.
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 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:
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To transfer
funds between any Deposit Accounts, such as checking, savings or
bonus money market deposit accounts;
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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;
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To receive and
download balance and transaction information for designated
accounts; and
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To receive
e-mail from and transmit e-mail to the Bank, all as described in
this Agreement and the Software.
Additionally,
subject to Credit and Customer 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.
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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”.
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Credit
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 make a payment on a Credit Account
that is a consumer loan or line of credit or credit card, as
provided in this Agreement. These types of transaction are
referred to in this Agreement as “loan payments”.
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Authorization.
You
expressly authorize us to debit the appropriate Deposit Account
in the amount of any bank transfer or loan payment initiate
through online banking by you 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.
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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 or bonus
money market 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.
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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
Standard 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
Standard 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 service provider 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. Processing Schedule (Schedule A) is subject to
the provisions of Section 16 and 17.
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. 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 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 or a bonus money market checking
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 bill payment 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 bill payment 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 Bill Payment provider. When the Bill
Payment 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 bill payment provider is
obligated to pay any late fees incurred by you because of late
payments so long as you allow at least four (4) business days.
Our Bill Payment
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 Bill Payment
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.
You must promptly
pay the following fees and charges for use of the online banking
services described in this Agreement:
The monthly Bill
Payment fee covers service for the prior month and is effective upon
your enrollment in the Bill Payment service. The monthly Bill
Payment fee will be charged to your payment account with us
regardless of whether or not any bill payments are made during the
applicable month. 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). Please 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 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.
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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.
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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.
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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).
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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, any
joint holder, or an authorized cosigner on a Deposit Account has
requested that we stop payment of the electronic fund transfer.
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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).
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If the Deposit
Account has been closed.
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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.
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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 the Bank 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
the Bank as been informed of the possibility of such damages),
including, without limitation, attorneys fees. The Service Provider
is an independent contractor and not the Bank’s agent. The Bank’s
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 THE
BANK WITH RESPECT TO ANY ONLINE BANKING SERVICE OR THE SOFTWARE, AND
THE BANK HEREBY DISCLAIMS 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, the Bank
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 the bank’s
responsibilities under this Agreement which is caused or occasioned
by any act or thing beyond the Bank’s 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, the Bank 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 the
Bank 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 the Bank’s 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 the Bank 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 the Bank
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 the Bank, nor be entitled to any damages from the
Bank, as to said unauthorized transfers. This sixty (60) day
limitation is without regard as to the standard of care exercised by
the Bank. 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: (804) 435-1171 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 with 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
bill payment 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 the Bank 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 the Bank nor
the Service Provider is under any obligation to recognize that a
payment is a duplicate and you should not rely on the Bank or the
Service Provider to do so. If a payment order is rejected or a bank
transfer or bill payment is returned, either the Bank 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. The Bank or the Service Provider may
from time to time, in its 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 the
Bank 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, the Bank’s Electronic Fund Transfer Agreement and
Disclosure Statement, the agreements governing the Credit Account,
and the Application, 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 the Bank’s 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 consumer protection
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 the Bank 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 the Bank 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.
OnlineAdvantagesm
Service Agreement
and Disclosure Statement
Schedule A
Processing SchedulE
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