Disclosure Relating to Electronic Delivery of the Savings Institute Business Online Banking Agreement. Before you use our Business Online Banking Services, you must agree to the terms of our Business Online Banking Agreement (called the “Agreement” in this disclosure). The Business Online Banking Service permits you to electronically initiate account transactions and communicate with Savings Institute (the “Bank”). The Agreement contains the terms that govern your use of the Business Online Banking Service including Bill Pay Service and Mobile Banking Service. You can agree to the terms of the Agreement by clicking on the “I Accept” button on the registration page.
To Receive the Agreement Electronically; Printing the Agreement. You can consent to receive the Agreement, and future notices relating to the Agreement, electronically by clicking on the “I Accept” button below. Electronic notices relating to the Agreement will appear as a new message on the Welcome Page when you sign on to Business Online Banking. In order to use Business Online Banking and to access, receive and retain Notices electronically, you must provide at your own expense all necessary telephone lines, Internet or other connections and equipment needed to access the Business Online Banking Services and to receive Notices electronically. Your computer must meet the following minimum requirements: an Internet web browser with capabilities to support 128 bit encryption (Current and previous two versions of Firefox, Internet Explorer and Safari, are examples).
You confirm that your computer will meet these specifications and requirements and will permit you to access and retain any Notice electronically each time you access and use Business Online Banking. We will give you Notice of any change to these specifications and requirements if the proposed change will adversely affect your ability to access and retain subsequent electronic Notices from us. If you receive the Agreement electronically, you can print this Agreement by selecting File, then Selecting Print from your browser’s menu.
To Receive a Paper Copy. You also have the right to receive a paper copy of the Agreement or any future notices. You may request a paper copy of the Agreement or any future notices at no charge in one of the following ways: send an Electronic mail message (“E-¬mail”) with your name and mailing address to firstname.lastname@example.org, call us at (800)423-0142 and ask for the Electronic Banking Department, or write to Savings Institute, Attention: Electronic Banking Department, PO Box 95, Willimantic, CT 06226, with your name and mailing address. Be sure to state that you are requesting a copy of the Business Online Banking Agreement.
To Withdraw Your Consent to Receive Notices Electronically. You can also contact us in any of the ways described in the preceding paragraph to withdraw your consent to receive any future notices or Agreements electronically. If you withdraw your consent, we will send all future notices to you in paper form, at no additional charge. If you revoke your consent, your right to use Business Online Banking may be terminated.
To Notify Us of a Change in your E‐mail Address. You can notify us of a change in your e¬‐mail address by logging on to the Business Online Banking Service (select Profile then select “change e‐mail” and follow the instructions for changing your e‐mail address) or write to Savings Institute, Attention: Electronic Banking Department, PO Box 95, Willimantic, CT 06226, and give us your name and your new e-¬mail address. BY CLICKING THE “I ACCEPT” BUTTON You consent to the electronic delivery of the Business Online Banking Agreement and other notices or disclosures relating to the Agreement. You also agree that the Bank does not need to provide you with an additional paper (non-‐electronic) copy of the Agreement unless specifically requested.
Business Online Express Disclosure and Agreement
THIS BUSINESS ONLINE BANKING AGREEMENT, including any schedule or addendum hereto (the “Agreement”), governs the online banking and and/or cash management services described in this Agreement and provided by Savings Institute Bank & Trust Co., with its principal office located at 803 Main Street, Willimantic, Connecticut 06226 (“Savings Institute”). In this Agreement, “Customer”, “you”, and “your” refer to the Savings Institute business customer that executes this Agreement, and “Bank”, “we”, “us”, and “our” refer to the Savings Institute.
1. General. The online banking and/or cash management services to be provided by Savings Institute to Customer consist of an internet access site (the “Site”) that permits Customer to obtain certain account information reporting, electronic funds transfer services, and other account maintenance functions, by means of a computer (the “Services”). Business Online Banking is provided by Savings Institute for access and use by Customer. The Site has been licensed to Savings Institute by a company that owns the Site (the “Company”). Savings Institute has been granted the right to sublicense the Site to customers.
2. Use of Site. Savings Institute provides to Customer a non-transferable non‐exclusive sublicense to use the Site and Services. Customer acknowledges and expressly agrees that the Site and any documentation made available to Customer regarding the Site are valuable, confidential, and proprietary property of Savings Institute and the Company and agrees not to transfer, distribute, copy, reverse compile, modify or alter the Site or the Site documentation. Customer, for and on behalf of itself and its officers, employees, representatives and agents, expressly agrees to safeguard the confidentiality of the Site and not to make it available to or accessible by any third party, except as permitted herein.
3. Term. This Agreement is effective from the date the Site is first accessed by Customer and shall remain in force until termination. The Agreement shall terminate upon ten (10) days written notice by either party to the other, provided that Savings Institute shall be given a reasonable time, which shall not be less than two (2) business days, to act on such notice. Savings Institute may terminate this Agreement (i) if all Customer deposit accounts at Savings Institute are closed, (ii) if Customer fails to comply with the terms and conditions of this Agreement or any other agreement incorporated herein, (iii) if any of Customer’s accounts are not in good standing with Savings Institute, (iv) upon termination of the license agreement between Savings Institute and the Company, or (v) immediately if Savings Institute suspects any illegal activity in relation to Customer, its deposit accounts, or the use of Business Online Banking. Savings Institute may suspend Customer’s use of Business Online Banking for any period of time in its sole discretion. The provisions of this Agreement that protect the proprietary rights of the Company and Savings Institute will continue in force after termination.
4. Disclaimer of Warranty. No warranties with respect to the Site are made by Savings Institute or Company nor do they warrant that the Site will meet specific requirements of Customer. Neither Savings Institute nor the Company makes any warranty of any kind, either express or implied, with respect to the use of the Site. SAVINGS INSTITUTE AND THE COMPANY DISCLAIM ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Customer assumes the entire risks as to the quality and performance of the Site.
5. Limitation of Liability.
(a) The liability of Savings Institute in connection with Customer’s use of Business Online Banking will be limited to actual damages sustained by Customer, but only to the extent such damages are a direct result of Savings Institute’s gross negligence or willful misconduct. IN NO EVENT WILL SAVINGS INSTITUTE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE WHICH CUSTOMER MAY INCUR OR SUFFER IN CONNECTION WITH THIS AGREEMENT OR USE OF BUSINESS ONLINE BANKING, WHETHER OR NOT THE LIKELIHOOD OF SUCH DAMAGES WAS KNOWN OR CONTEMPLATED BY SAVINGS INSTITUTE AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY OF LIABILITY WHICH CUSTOMER MAY ASSERT, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM SAVINGS INSTITUTE’S ACTS OR OMISSIONS PURSUANT TO THIS AGREEMENT. Savings Institute’s aggregate liability to Customer for any and all losses, damages, and expenses as a result of or arising from this Agreement shall not exceed an amount equal to the average monthly billing to Customer for Business Online Banking services provided hereunder over the three (3) month period immediately preceding the date on which the damage or injury giving rise to such claim is alleged to have occurred or such fewer number of preceding months as this Agreement has been in effect. This Agreement is only between Savings Institute and Customer, and Savings Institute shall have no liability hereunder to any third party.
(b) Savings Institute shall not be liable for: any loss, damage or injury caused by any act or omission of Customer or any third party, regardless of whether such third party was chosen by Savings Institute; any charges imposed by any third party; or for any loss, damage or injury caused by any failure of the hardware or software utilized by a third party to provide Business Online Banking services to Customer. Savings Institute shall not be liable or responsible for damages incurred as a result of data supplied by Customer that is inaccurate, incomplete, not current, or lost in transmission. It is understood that Savings Institute assumes no liability or responsibility for the inaccuracy, incompleteness or incorrectness of data as a result of such data having been supplied to Customer through data transmission. Savings Institute is not liable for failing to act sooner than required by this Agreement or any schedule or addendum hereto or applicable law. Savings Institute also has no liability for failing to take action if Savings Institute had discretion not to act. Savings Institute shall in no event be liable due to interruption or failure of communication or data processing facilities or systems, equipment failure, war, emergency conditions or any other cause beyond Savings Institute’s control. In no event shall Savings Institute be liable for any damages resulting from Savings Institute’s action or inaction which is consistent with regulations issued by the Board of Governors of the Federal Reserve System, the Consumer Financial Protection Bureau, operating circulars issued by a Federal Reserve Bank or general banking customs and usage.
(c) Customer shall be solely responsible for protecting against unauthorized access to the Site through the use of physical security, passwords and other security procedures. Customer agrees to indemnify and hold Savings Institute harmless against any claims or losses arising from any request received through Business Online Banking from any person using a user ID or password assigned to or selected by Customer or any of Customer’s Authorized Representatives or other agents authorized to access the site.
(d) Responsibility for Unauthorized Access. Customer shall be solely responsible for protecting against unauthorized access to the Business Online Banking services, including but not limited to ACH and Wire transfer services, and any and all losses and damages arising from any unauthorized access to the Business Online Banking Services.
(e) Fraud Detection Tools. Customer acknowledges the increasing risk of loss from fraudulent and unauthorized transactions involving Customer’s accounts, including from forged, counterfeit and altered checks and unauthorized electronic funds transfers. Savings Institute may offer products and services designed to control these risks, including, but not limited to, Savings Institute’s positive pay service. Savings Institute expressly recommends that Customer utilize Savings Institute’s positive pay service. Customer agrees that if Customer fails to utilize Savings Institute’s positive pay service, or any other product or service that Savings Institute expressly recommends that Customer use, or fails to use any such product or service as intended or described, Customer assumes the risk of, and agrees that Savings Institute shall not be liable to Customer for, any losses that could have been prevented if Customer had used the recommended product or service, or if Customer had used the product or service as intended or described. This means, for example, that Customer will be precluded from asserting any claims (except claims Savings Institute is not permitted to disclaim under Connecticut’s Uniform Commercial Code) against Savings Institute for paying any unauthorized, altered, counterfeit or other fraudulent item that such product or service was designed to detect or deter, and Savings Institute will not be required to re-credit Customer’s account or otherwise have any liability for paying such items.
(e) Access to Business Online Banking and use of individual Services is through the Site, which involves and relies upon connections to the Internet. Savings Institute does not and cannot control the flow of data to or from Savings Institute’s, or any other person’s, network over the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. Actions or inactions of such third parties can impair or disrupt Customer’s or Savings Institute’s connections to the Internet (or portions thereof). Savings Institute cannot guarantee that such events will not occur. Accordingly, Savings Institute disclaims any and all liability resulting from or related to such events and in no event shall Savings Institute be liable for any damages (whether in contract or in tort) that are attributable to the public Internet infrastructure, Customer’s ability to connect to the Internet, or Savings Institute’s ability to connect to the Internet in connection with its delivery of the Services.
6. Fees. Fees payable by Customer for access to and use of the Site shall be at a rate specified by the Savings Institute’s Schedule of Charges. Savings Institute may change fees upon prior written notice. Customer agrees that fees may be automatically debited from any of Customer’s accounts at Savings Institute.
7. Funds Transfer Services. Customer has access to certain funds transfer Services, as described below and elsewhere in this Agreement. The funds transfer Services provided hereunder are subject to the terms of this Agreement and any other agreement incorporated herein. When you request a fund transfer using these Services, you authorize us to follow the transfer instructions and transfer the funds from the designated originating account to the designated recipient account. We may refuse to act on your funds transfer instruction if there are not sufficient available funds in your account, including funds available under any linked overdraft plan, on the specified transfer date.
(a) Book Transfers. Customer can transfer funds between its accounts at the Savings Institute (“Book Transfers”) pursuant to the terms of this Agreement.
(b) ACH Transfers. Customer may transfer funds via the Automated Clearing House network ("ACH"). The Customer acknowledges that the ACH feature of Business Online Banking is an alternate entry system for issuing funds transfer requests to the Automated Clearing House Network. A separate ACH Agreement between the Customer and Savings Institute is required and is incorporated herein.
(c) Wire Transfers. Customer acknowledges that the wire transfer feature of Business Online Banking is an alternate entry system for issuing funds transfer requests to Savings Institute (“Wire Transfers”). A separate Wire Transfer Agreement between the Customer and Savings Institute is required and is incorporated herein.
(d) Line of Credit Payments and Advances. Customer may use Business Online Banking to (1) make payments, from Customer deposit accounts at Savings Institute, to any business line of credit Customer funded maintains at Savings Institute and (2) to initiate advances from a Savings Institute business line of credit to be deposited to a Savings Institute deposit account (each a “Line of Credit Transfer”). Customer acknowledges that Authorized Representatives will have the ability to initiate such Line of Credit Transfers and to direct the proceeds of such advances to deposit accounts at Savings Institute. Use of Business Online Banking to initiate Line of Credit Transfers is subject to Savings Institute approval and any limits Savings Institute may, in its sole discretion impose, with or without notice to Customer. Line of Credit Transfers are subject to the terms of the agreements governing the line of credit and any deposit accounts involved in such Line of Credit Transfers.
8. Authorized Representatives and Administrator. Customer will identify to Bank, in a manner that is acceptable to Bank (for example, by a corporate resolution), one person who will manage Customer’s access to and use of Business Online Banking (the “Administrator”). The Administrator will designate, through Business Online Banking, each authorized representative who will have the right to access and use Business Online Banking on Customer’s behalf (each an “Authorized Representative”). The Administrator shall be responsible for assigning initial User IDs and Passwords to Authorized Representatives, and for resetting user IDs and Passwords if Authorized Representatives lose their user IDs and/or Passwords. As soon as possible after the assignment of an initial User ID and Password, each Authorized Representative will access Business Online Banking and change the initial Password assigned by the Administrator. The Administrator is responsible for authorizing and terminating each Authorized Representative’s access to Business Online Banking and establishing appropriate limitations and access levels for each Authorized Representative to Business Online Banking. These limitations and access levels establish which of Customer’s accounts and which of the Services each Authorized Representative is authorized to access and any limits on the dollar amount of transfers that can be initiated by an Authorized Representative. If an Authorized Representative is no longer authorized to access and use Business Online Banking on Customer’s behalf, Customer agrees to immediately delete such Authorized Representative’s access privileges through Business Online Banking. As used in this Agreement, the term Authorized Representative shall include the Administrator.
9. Security Procedure. Customer agrees to comply with the security procedure defined and described below for accessing and using Business Online Banking, including for purposes of initiating Book Transfers, Wire Transfers, ACH transfers, and Line of Credit Transfers through Business Online Banking (the “Security Procedure”). The Security Procedure will be the use of a User ID and Password each time an Authorized Representative accesses Business Online Banking and uses the Services. Customer acknowledges and agrees that the use of a User ID and Password is a commercially reasonable security procedure. The Customer acknowledges that safeguarding of User IDs and Passwords is entirely within its control. Savings Institute may require Customer’s compliance with additional security procedures for certain Business Online Banking Services, as described in any separate Service schedule or agreement. Such additional security procedures are included within the term “Security Procedure”. Customer also acknowledges and agrees that Savings Institute may rely on any communication received through Business Online Banking. Customer agrees to be bound by any payment or funds transfer initiated through Business Online Banking, whether or not authorized, that was issued in Customer’s name and accepted by Savings Institute in compliance with the Security Procedure.
10. Description of the Savings Institute Business Online Banking Services. Depending on the services requested by you when you registered, the Savings Institute Business Online Banking Services allows you to perform some or all of the following functions:
• Manage Customer’s access to and use of Business Online Banking, including through Authorized Representatives
• Deactivate and reactivate your debit card
• Download or import transaction activity to personal financial management tools such as Quicken® or QuickBooks®
• Enroll in eBills for those billers who support it
• Establish alerts to notify you of transaction activity
• Establish savings goals and track progress
• Inquire about specific payments; Make bill payments to a person or business (a "payee") in the United States (restrictions apply); Review, change and cancel payments ; Schedule and make future payments as far as 364 days in advance; Set up automatic, recurring future payments
• Monitor spending and build a budget
• Obtain account balances and transaction information for your accounts
• Open new accounts online
• Place stop payments on checks you have written
• Re-order checks if previously ordered through us
• Send secure messages to us including submitting secure forms
• Transfer funds between your accounts, including accounts at another Financial Institution
• Update your contact information such as mailing address, email address and telephone numbers
• Update your security information such as user ID and password
• View eStatements
• View images of paid checks.
11. Limitations on Services.
(a) There may be a one (1) business day delay in transferring funds between designated accounts depending upon the day and time on which you request the transfer.
(b) No transfers may be made from any account that requires two or more signatures.
(c) Balance and transaction information provided on any day will generally be current only as of the close of business on the preceding business day. Transactional information for your accounts will be available from the Savings Institute Business Online Banking Services for the last 18 months, but are limited to the last ten thousand (10,000) transactions.
(d) You may transfer funds to and from accounts you have access to at other financial institutions within this service. Transfers can be scheduled for future-¬‐ dated or recurring delivery dates. All future scheduled and historical transfers are viewable from within the Transfer Activity section. Transfers set up prior to 3:00 p.m. Eastern Time on a business day that the Bank is open will be processed the same day, and transfers setup after 3:00 p.m. Eastern Time or on a non-business day will be processed the next business day that we are open. For the purpose of external account transfers, business days are Monday through Friday, excluding holidays and days the Bank is closed. You agree this transfer service is for business purposes only between your account at Savings Institute and your account at another financial institution within the United States.
(e) You will be able to receive transfers (credits to your account) up to $500.00 per day or a maximum of $5,000.00 every 30 days whichever occurs first. You will be able to send transfers (debit to your account) up to a maximum of $500.00 per day or up to the available balance in your account and a maximum of $5,000.00 every 30 days whichever occurs first.
(f) For security reasons, we may limit the frequency and dollar amount of transactions from your Account.
12. Communications through Business Online Banking. Electronic messages sent by you to us through Business Online Banking will not be immediately received by us. Please call if you need to contact us immediately (for example, to report an unauthorized transaction from an account). No action will be made on your electronic mail request until we actually receive your message and have a reasonable opportunity to act. If you wish to contact us electronically, please use the electronic form provided on our Business Online Banking Services Web pages. An electronic message sent through Business Online Banking is not sent through an Internet E-¬mail system. It is transmitted through a secure, private network. By contrast, E-mail transactions through general or public E-¬mail are not secure. We therefore request that you do not send us or ask for sensitive information such as account numbers, User IDs, or Passwords through any general or public E-¬mail system. You cannot use E-¬mail to transfer funds between accounts or to conduct transactions. You must follow the instructions for the Savings Institute Business Online Banking Services to accomplish these activities.
13. Bill Payment Service. After we receive your authorization for payment to any payee, the payment will then be made either by transferring funds electronically to the payee or by sending a check to the payee. You can use Business Online Banking to instruct us to fund a payment from a designated transaction account. You may request an advance from a Savings Institute business line of credit to fund bill payments. Line of credit advances will be deposited to your designated funding account. Linking a line of credit to the Business Online Banking bill payment function is subject to Savings Institute approval and any limits established by Savings Institute in its sole discretion. Line of credit payments and advances are subject to the terms of the agreements governing the line of credit and any deposit accounts involved in such payments. Payments can be made by:
Electronic Fund Transfer – payments to payees that have an established relationship with our bill pay company. The credit to the payee may be via ACH or a “Direct Send” settlement. A debit to your bill pay funding account will occur via ACH on the payment’s Delivery Date.
Laser Draft – our bill pay company sends and mails a check drawn on your bill pay funding account. Your account is debited when the item is presented by the receiving payee's financial institution.
By authorizing a payment, you authorize us to debit your account, or issue a line of credit advance, as applicable, for the payment amount. You must have enough available funds (as described in our Funds Availability Policy) in your account to complete the payment and should be aware that other transactions (such as ATM, Point of Sale or in-branch withdrawals) may affect your account balances.
Any requirement to verify two or more signatures on any item (such as a check) does not apply to electronic bill payment or transfers initiated through Business Online Banking. This means you are allowing any authorized signer on your account to individually make payments or transfers even if you have requested such restriction.
Your bill payment instructions should be received at least five (5) business days before the business day on which a payment is due, except that instructions for payments to payees who may be paid within two (2) days (as indicated) should be entered and transmitted at least two (2) business days before the business day on which a payment is due. In order for a payment instruction to be considered received on a specified date, it must be received prior to midnight (Eastern Time). Payment instructions received on weekends, holidays or after midnight on a business day will be considered received on the next business day. We are not responsible for delays in delivery of payments caused by the U.S. Postal Service, so you must authorize your bill payment in such a manner that your payments will be made on time. Any late payment or finance charges that may be imposed as a result of your failure to transmit payment instructions at least two (2) or five (5) business days, as applicable, before a payment is to be made will be your responsibility. Our responsibility for any late payment or finance charges is limited, as described below.
Only payees with United States addresses may be paid using the Savings Institute Business Online Banking bill payment Services. We reserve the right to refuse to pay certain payees.
Although bill payments will process to the following payees, they are not recommended for payment through Bill Pay Service, as they are not covered under the Payment Guarantee described below:
• Collection agencies
• Court ordered payments such as alimony, child support, speeding tickets, etc.
• Credit counseling agencies
• Governmental agencies
• Payees located in Armed Forces postal codes such as AE and AP
• Payments to settle securities transactions
• Payments for special or delayed financing purchases
• Tax entities
Payees prohibited for payment through the bill pay service are as follows:
• Payees outside of the United States
The Business Online Banking bill payment Services may be used to authorize automatic recurring payments of recurring bills. These payments must be for the same amount each month and they will be paid on the same calendar day of each month, or on the preceding business day if the regular payment day falls on a weekend or holiday. Payments sent to eBill payees can be set-up for auto-pay of the minimum balance or full amount due.
When you have entered and transmitted a payment instruction, you authorize us to reduce the account or initiate an advance from a Savings Institute line of credit, as applicable, accordingly. If the available balance in the account (or the available credit under a line of credit) is not sufficient to make payments you have authorized, we cannot make the payment. You are responsible for any non-sufficient funds and overdraft charges we may impose, as stated in our Deposit Account Contract. We reserve the right to refuse to honor payment requests that reasonably appear to us to be fraudulent or erroneous.
Payment Guarantee. Due to circumstances beyond the control of the bill pay service, particularly delays in handling and posting payments by billers or financial institutions, some transactions may take longer to be credited. We will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described below.
• When scheduling Bill Payments, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller Statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.
• The payment was not made to a non-recommended payee as noted earlier in this Agreement. No research will be performed on any payments sent to these non-recommended payees.
• The information supplied by you is correct (payee name and address, your name and account number as it appears on the payee's records).
• The payment did not fail for insufficient funds or other reasons.
i. Your liability for bill payments
We will not be liable:
• If, through no fault of ours, you do not have enough money in your account to complete a bill payment transaction from that account,
• If withdrawals from any of your accounts have been prohibited by a court order such as a garnishment or other legal process, or if that account has been closed.
• We have paid funds from, or placed a “hold” on funds in your account or remitted funds to another party, pursuant to reasonable business procedures, or in compliance with legal process such as garnishment, tax levy or court order.
• If you do not have sufficient available credit under a line of credit to complete a bill payment transaction.
• If you have not properly followed the Business Online Banking bill payment Services instructions on how to make a transfer or bill payment or if your Computer or other equipment necessary to use the Business Online Banking bill payment Services fails or malfunctions.
• If you have not given us complete, correct and current instructions so that we can make a transfer or bill payment.
• If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due.
• If we make a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt.
• If we have reason to believe that a transaction has not been properly authenticated or is fraudulent.
• If the Business Online Banking bill payment Service was not working properly and you knew or should have known about the breakdown when you attempted to authorize a transfer or bill payment.
• If circumstances beyond our control prevent the making of a transfer or bill payment, despite reasonable precautions that we have taken. Such circumstances include delays or losses of payments caused by the U.S. Postal Service, equipment failure or breakdown, acts of God or other conditions beyond our control.
14. Modification of the Services. We may modify the Business Online Banking Services from time to time in accordance with applicable law. Additional Services or accounts may become accessible through the Business Online Banking in the future. As each becomes available you will be provided with a description of each such Service. Your use of these new Services shall mean that you agree to any additional terms and conditions as well as the payment of any related fees. Also, we reserve the right to delete or modify any Services or accounts from the Business Online Banking Services.
15. Stop Payments. You may use the Business Online Banking stop payment feature to initiate a stop payment request on a check you have written on your account. We will not honor a stop payment order sent through general e-mail. A stop payment order provided through Business Online Banking is deemed to be a written stop payment order and is good for 6 months; but you may renew it in writing or by a subsequent stop payment order sent through Business Online Banking before the previous stop payment order has expired. The stop payment order must include the check number, date, amount and name of the payee of the check you want us to stop so that we can identify the check with reasonable certainty. We will have no liability for failing to act on a stop payment order if the stop payment order does not describe the check with reasonable certainty, or if we do not have a reasonable opportunity to honor the stop payment order, even if the failure to stop payment causes other checks to be returned for insufficient funds. Prior to sending a stop payment order, you agree to first verify that the check has not already been posted to your account.
A stop payment order you send through Business Online Banking may not be immediately received by us. We will make reasonable efforts to act on a stop payment order on the Business Day that you send the stop payment order through Business Online Banking if it is received by 4:00 p.m. Eastern Time. To ensure that a stop payment order or notice is received immediately, you should telephone our Customer Service Center at 800-423-0142. We will make every effort to stop this payment; however we cannot guarantee it will be stopped if the check is paid before the end of the next business day. All Stop orders are contingent upon our being provided with the account number, correct dollar amount, check number and payee name. You will be assessed the standard fee for placing a stop payment request. Please refer to our fee schedule for more information.
To stop payment on a transaction made through our bill payment feature, please contact us at 800-423-0142. ACH transfers and payments, where the item has been paid, additional paperwork is required and must be completed and received as soon as possible.
16. Customer’s Indemnification of Savings Institute. Customer hereby indemnifies and agrees to hold Savings Institute and each of Savings Institute’s officers, directors, employees, agents, representatives and assigns harmless from and against any and all claims, damages, losses, expenses, demands, penalties and suits (including, without limitation, attorney’s fees, court costs and other expenses) of any person or entity resulting from or arising out of:
(i) any act or omission of Customer or any person other than Savings Institute;
(ii) the failure of Customer or its officers, directors, employees, representatives or agents to maintain the confidentiality of (a) information relating to Customer’s deposit account(s), (b) the Security Procedure or (c) user codes and Passwords relating to Business Online Banking;
(iii) any breach of this Agreement, including, without limitation, any breach of a representation or warranty hereunder by Customer; and (iv) Savings Institute’s performance under this Agreement.
17. Unlawful Internet Gambling Notice. Federal regulations implemented pursuant to the Unlawful Internet Gambling Enforcement Act of 2006 require us to notify our commercial customers that we are prohibited from processing any restricted gambling transactions on their behalf. Restricted transactions involve the collection of Internet bets or wagers for businesses engaged in Internet gambling transactions (e.g., online gambling casinos) that are made by persons participating in unlawful Internet gambling transactions. For instance, we are prohibited from processing any transactions by check, credit or debit card, electronic funds transfer, wire transfer or similar device for credit to a commercial account if the transaction involves the receipt of an unlawful bet or wager made through the Internet. A bet or wager is unlawful if it violates any applicable Federal or State law in the State or Tribal lands in which the bet or wager is initiated, received or otherwise made.
(a) This Agreement, together with other written agreements relating to particular funds transfer Services accessible through Business Online Banking and the applicable Savings Institute deposit account agreement, represent the entire understanding of the parties. To the extent a conflict exists between this Agreement and any agreement related to a specific funds transfer service available through Business Online Banking, the terms and conditions of the agreement governing the specific funds transfer service will govern. To the extent a conflict exists between this Agreement and any deposit account agreement, the terms and conditions of this Agreement will govern. If any portion of this Agreement is found to be unenforceable, all remaining portions shall remain in full force and effect.
(b) Customer agrees not to sublicense, assign or transfer this license or the Site except as expressly provided in this Agreement.
(c) Customer will use Business Online Banking only for its valid business purposes, and in compliance with applicable deposit account agreements, laws and regulations. Transfers from savings accounts through Business Online Banking are included in the preauthorized and telephone transfers that are subject to the limitation of six (6) transfers per statement cycle pursuant to the Federal Reserve Board’s Regulation D and the deposit account agreement governing any account you link to Business Online Banking.
(d) This Agreement is governed by the laws of the State of Connecticut (except to the extent that Federal law governs the copyrights and trademarks of Company and its successors and assigns), without regard to conflict of law rules.
(e) Except as otherwise required by law, Bank may in its sole discretion change the terms of this Agreement from time to time and at any time. This may include adding new or different terms to, or removing terms from, this Agreement. Bank will notify Customer of any changes that are made which materially affect Customer’s rights prior to implementation of such changes. However, if an immediate change is necessary to maintain the security of the system or because a law, rule or regulation requires that it be implemented at an earlier time, Customer agrees that Bank may notify Customer of a change to this Agreement as soon as reasonably practicable after implementing such change. By continuing to use the Service after Bank sends Customer notice of any change, Customer agrees to the change. Except as otherwise required by law, any change to this Agreement applies only to transactions that occur, or claims that arise, after the amendment becomes effective.
(f) As used in this Agreement and any agreement incorporated herein, the term “business day” means Monday through Friday, excluding federal holidays.
19. Acceptance. By clicking “I Agree” button, and continuing to use our service, you agree to be bound by the terms and conditions of this agreement.