Electronic Services Agreement (INDIVIDUAL)

Transcription

1 Electrnic Services Agreement (INDIVIDUAL) This Agreement ("the Agreement") describes yur rights and bligatins as a user f the Online Banking Services, the Bill Payment Service and/r any similar Internet-based service (cllectively, the "Services") ffered by Freedm Bank ("Freedm Bank" r the "Bank"). It als describes the rights and bligatins f Freedm Bank. Please read this Agreement carefully. By requesting and using ne f these Services, yu agree t cmply with the terms and cnditins f this Agreement. Definitins The fllwing definitins apply in this Agreement: "Authrized Representative" refers t a persn with authrity (with respect t the accunt); "Bill Payment Service" is the Internet-based service that allws yu t pay third parties directly frm yur Bill Pay Accunt. "Bill Pay Accunt" is the checking accunt frm which yu have chsen t make payments thrugh the Bill Payment Service. "ISP" refers t yur Internet Service Prvider; "Online Banking Service" is the Internet-based service prviding access t yur Freedm Bank accunt(s), including the Bill Payment Service; "Online Accunt" means any Freedm Bank accunt frm which yu will be cnducting transactins using a Service; "Passwrd" is the custmer-generated cde selected by yu fr use during the initial sign-n, r the cde yu select after the initial sign-n, that establishes yur cnnectin t the Service; "Time f Day" references are t Eastern Standard Time r Eastern Daylight Time, as applicable; "We", "Us" r The "Bank" refers t Freedm Bank which ffers the services and which hlds the accunts accessed by the Services; "Yu" r "Yur" refers t the wner f the accunt r the authrized representative; "Cnsumer" refers t anyne wh has btained a prduct r service frm Freedm Bank. It des nt refer t businesses. Access t Services The Bank will prvide instructins n hw t use the Online Banking Service. Yu will gain access t yur Online Accunts thrugh the use f yur Internet-enabled device, yur ISP, yur passwrd and yur User ID. Yu may access yur Online Accunts 24 hurs a day, seven (7) days a week. Hwever, availability f the Services may be suspended fr brief perids f time fr purpses f maintenance, updating and revising the sftware. In additin, the availability f the Online Banking Service may be effected by causes beynd ur cntrl, such as electrical utages, cmmunicatins disruptins, natural catastrphes and the like, and we will nt be liable t yu fr any unavailability f the Online Banking Service. Fr purpses f transactins, Freedm Bank s business days are Mnday thrugh Friday, excluding hlidays. All Online Banking Service transactin requests received after 6:00 pm n business days and all transactins which are requested n Saturdays, Sundays, r hlidays n which banking institutins within the State f New Jersey may clse fr business (each a Hliday") will be prcessed n the next business day. The Freedm Bank business day begins at 8:00 am.

2 Use f yur Security Passwrd Yu are respnsible fr keeping yur passwrd and Online Accunt infrmatin cnfidential. Yu agree that we are authrized t act n instructins received under yur passwrd, and that we have n bligatin t verify that the hlder f yur passwrd is in fact an authrized user f yur accunt(s). In rder t prtect yurself against fraud, yu shuld adhere t the fllwing guidelines: D nt give ut yur accunt infrmatin, Passwrd r User ID; D nt leave yur PC unattended while yu are in the Bank s Online Banking site; Never leave yur accunt infrmatin within range f thers; and D nt send privileged accunt infrmatin (accunt number, Passwrd, etc.) in any public r general system. If yur Passwrd has been lst r stlen, call Freedm Bank immediately at (201) between the hurs f 9:00 am and 5:00 pm Mnday thrugh Friday, and between the hurs f 9:00 am and 1:00 pm Saturday. Telephning Freedm Bank is the best way t minimize yur lsses. If yu believe yur Passwrd has been lst r stlen, please use the Passwrd change feature within the Online Banking sectin f the website t change yur Passwrd. If yur statement shws transfers yu did nt make If yur statement shws a transfer yu did nt make, ntify Freedm Bank immediately by calling (201) between the hurs f 9:00 am and 5:00 pm Mnday thrugh Friday and between the hurs f 9:00 am and 1:00 pm Saturday, r by writing Freedm Bank at: 99 West Essex Street, Maywd, NJ If yur d nt ntify Freedm Bank within 60 days after the statement was mailed t yu, yu may nt recver any mney lst after the 60 days which wuld nt have been lst if Freedm Bank had been ntified in a timely manner. If fr gd reasn (such as a lng trip r hspital stay) yu were delayed frm cntacting Freedm Bank, the Bank may extend the time perid. Banking Transactins with Online Banking The fllwing services may be perfrmed with the Online Banking Service: 1. Transfer funds amng yur checking accunts, savings accunt and mney market accunt. NOTE: Because regulatins require Freedm Bank t limit preauthrized transfers (including Online Banking Service transfers) the fllwing limitatins apply: a. Statement Savings Accunts - Yu may make n mre than six transfers per statement perid by preauthrized r autmatic transfer r by telephne r thrugh the Online Banking Service. b. Mney Market Accunts-- Yu may make n mre than six transfers per statement perid by preauthrized r autmatic transfer r by telephne r thrugh the Online Banking Service and n mre than six f these may be by check, draft r debit card payable t third parties. 2. New services may be intrduced fr the Online Banking Service frm time t time. Freedm Bank will ntify yu f the existence f these new services. By using these services when they becme available, yu agree t be bund by the rules which will be made available t yu cncerning these services.

3 Bill Payment Service The Bill Payment Service permits yu t use yur Internet-enabled device t direct payment frm yur designated Bill Pay Accunt t third parties yu wish t pay. Yur Bill Pay Accunt must be a checking accunt. Thrugh the Bill Payment Service, yu can pay bills frm yur Bill Pay Accunt t businesses and individuals. All payments yu make will be deducted frm the accunt yu designate as yur Bill Pay Accunt fr the Bill Payment Service. Any payments yu wish t make thrugh this service must be payable in US Dllars t a payee lcated in the cntinental United States. We reserve the right t restrict types f payees t whm payment may be made using the Bill Payment Service frm time t time. Yu shuld nt use the Bill Payment Service t make payments t settle securities purchases, payment t interest bearing accunts, tax payments r curt rdered payments. Payments t these payees will be yur sle respnsibility if delayed r imprperly prcessed r credited. Funds must be available in yur Bill Pay Accunt n the scheduled payment date. If the date yu schedule a payment t initiate falls n a nn-business day (Saturday, Sunday r Hliday), funds must be available in yur Bill Pay Accunt the fllwing business day (e.g. Mnday). After the funds are withdrawn frm yur Bill Pay Accunt t make a payment, we may make the payment either by transferring funds electrnically t the payee r by mailing the payee a check. Yu may chse t schedule a payment t recur in the same amunt n a regular weekly, mnthly, r semi-mnthly basis. When yu create a new payee in the Bill Payment Service, it has a temprary status until we have had sufficient time t set up the accunt and fr yur business payee t verify infrmatin abut yur accunt. Yu shuld schedule a payment t a new payee at least ten (10) business days befre any payment due date, t allw us time t set up the payee and verify infrmatin abut yur accunt with the payee. Fr all subsequent payments, yu agree t allw at least three (3) business fr electrnic payments and five (5) business days fr check payments between the date yu schedule a payment t be initiated and the payment due date (this is, the due date shwn n yur invice r prvided in yur agreement with the payee, nt taking int accunt any applicable grace perid). If yu d nt, yu will be respnsible fr all late fees, finance charges r ther actins taken by the payee. If yu schedule yur payment and fllw all instructins prvided, but the payee des nt receive the payment in a timely manner, we will wrk with the payee n yur behalf t attempt t have any late fees r charges reversed. Freedm Bank is nly respnsible fr exercising rdinary care in prcessing and sending payments upn yur authrizatins in accrdance with this Agreement. We will nt be liable in any way fr damages yu may incur as a result f the circumstances set frth in the heading LIABILITY" belw r fr any ther circumstance beynd the cntrl f Freedm Bank. If the sessin during which yu schedule a payment r transfer ends by 3:00 pm, Freedm Bank will be cnsidered t have received it n that day. Otherwise, it will be cnsidered received n the fllwing business day. Fr all entries using the service, the time recrded by the Online Banking Service cntrls. If yur Bill Pay Accunt des nt have sufficient funds t make a payment as f the date f the transfer r payment is attempted r scheduled t be made, the transfer r payment will be canceled and n further attempt will be made by Freedm Bank t make the transfer r payment. Freedm Bank will attempt t ntify yu by r US Pstal Mail, but we shall have n bligatin r liability if we d nt cmplete a transfer r payment because there are insufficient funds in yur accunt t prcess a transactin. In all cases, yu are respnsible fr either making alternate arrangements fr the payment r rescheduling the payment thrugh the Bill Payment Service. In the case f fixed payments, nly the payment currently scheduled will be canceled. Fixed payments scheduled fr future dates will nt be affected.

4 Payment changes r cancellatins shuld be made thrugh the Bill Payment Service. If certain infrmatin that yu prvided t us when setting up the Bill Payment Service fr a payee changes, r if yu wish t cancel a bill payment t a payee that yu have scheduled, yu may edit the payment infrmatin r delete the payment nline via the Bill Payment Service by fllwing the nscreen instructins in the Pending transactins" sectin. If the payment is nt listed and yu ask us t cancel a payment after it is issued, and we agree t d s, we may charge yu a stp payment fee. Stp payment rders, whether ral, written r electrnic will be in effect fr a perid f six (6) mnths. If requested by Freedm Bank, yu will cnfirm any stp payment rder in writing. After six mnths, any stp payment will be terminated and must be renewed in rder t cntinue in effect. Freedm Bank may pay any item that is presented fllwing the lapse f any stp payment rder. Bill Pay daily limitatin: $19, Schedule f Fees Freedm Bank currently ffers the benefits and cnvenience f the Online Banking Service and the Bill Payment Service at n cst. Hwever, Freedm Bank reserves the right t charge a fee in its discretin in the future upn advance ntice alng with an pprtunity fr yu t terminate the Service at yur ptin in accrdance with the prcedures set frth in paragraph C f Term and Terminatin belw. Statements Yu will cntinue t receive yur regular mnthly accunt statements frm Freedm Bank. Electrnic Fund Transfer Prvisins fr Cnsumers A. Applicability. These prvisins are nly applicable t nline electrnic fund transfers that credit r debit a cnsumer's checking, savings r ther asset accunt and are subject t sectin 1005 f the CFBP Regulatin E (an "EFT"). When applicable, the Bank may rely n any exceptins t these prvisins that are cntained in Regulatin E. All terms that are nt defined in this Agreement but which are defined in Regulatin E shall have the same meaning when used in this sectin. B. Yur Liability. The fllwing determines yur liability fr any unauthrized EFT r any series f related unauthrized EFTs: 1. If yu ntify the Bank within tw (2) business days after yur Passwrd was lst r stlen, yur liability will nt exceed $50.00 r the amunt f the unauthrized EFTs that ccur befre ntificatin, whichever is less. 2. If yu fail t ntify the Bank within tw (2) business days after yur Passwrd was lst r stlen, yur liability will nt exceed the lesser f $ r the ttal f: $50.00 r the amunt f unauthrized EFTs that ccur within the tw (2) business days; and the ttal f authrized EFTs which ccur during the tw (2) days befre ntificatin t the Bank, prvided the Bank establishes that these EFTs wuld nt have ccurred had the Bank been ntified within that tw-day perid. 3. Yu must reprt an unauthrized EFT that appears n yur peridic statement, n later than 60 days f transmittal f the statement t avid liability fr subsequent transfers. Yur liability will nt exceed the amunt f the unauthrized EFTs that ccurred within the 60-day perid. Yu may als be liable fr the amunts as described in sectins 1 and 2 abve.

5 4. If the reprt is made rally, we will require that yu send the cmplaint r questin in writing within 20 business days. We will ntify yu with the results f the investigatin within 10 business days and will crrect any errr prmptly. If mre time is needed, hwever, we may take up t 45 days t investigate a cmplaint r questin. If this ccurs, we will credit yur accunt within 10 business days fr the amunt yu think is in errr. This will allw yu t use the mney during the time it takes us t cmplete ur investigatin. If yur cmplaint r questin is nt received in writing within 10 business days, we may nt credit yur accunt until the investigatin is cmpleted. If an alleged errr invlves an electrnic fund transfer utside a state r territry r pssessin f the United States, the applicable time perids fr actin by us are 20 business days (instead f 10) and 90 calendar days (instead f 45). If we determine that n errr ccurred, we will send yu a written explanatin within three business days after the investigatin is cmplete. Yu may request cpies f the dcuments that were used in the investigatin. 5. Yu may ntify the Bank by telephne r in writing. Ntificatin by general t reprt an unauthrized transactin is nt secure and therefre nt advised. C. Telephne Numbers and Addresses. In case f errrs r questins regarding the Online Banking Service, call (201) r write us at: Attn: Online Banking Department, Freedm Bank, 99 West Essex Street, Maywd, NJ We must hear frm yu at the telephne number r address, listed abve, n later than 60 days after we sent yu the FIRST statement n which the prblem r errr appeared. We will need: 1. Yur name and accunt number 2. A descriptin f the errr r the transfer in questin and an explanatin cncerning why yu believe it is an errr r need mre infrmatin 3. The dllar amunt f the suspected errr and date n which it ccurred. Electrnic Mail If yu send us an electrnic message, Freedm Bank will be deemed t have received it n the fllwing business day. We will have a reasnable time perid t act n yur . Yu shuld nt rely n electrnic mail if yu need t cmmunicate with us immediately (e.g. yu need t reprt an unauthrized transactin frm ne f yur accunts r t stp a payment that is scheduled t ccur). Yu agree that Freedm Bank may respnd t yu by electrnic mail with regard t any matter related t the Service, including respnding t any claim f unauthrized electrnic funds transfer that yu make. Any such electrnic mail sent t yu by Freedm Bank shall be cnsidered received within three (3) days f the date sent by Freedm Bank, regardless f whether r nt yu sign n the service within that time frame. Term and Terminatin A. Term. This Agreement will becme effective n the date yu first begin using the Service and shall remain in full frce and effect until terminatin in accrdance with the fllwing prvisins. B. Terminatin fr Cause. We may immediately terminate yur privileges with respect t the Services withut ntice t yu under the fllwing circumstances: yu d nt pay any fee required by this Agreement when due r yu d nt cmply with the agreement gverning yur depsit r lan accunts r yur accunts are nt maintained in gd standing.

6 We will prmptly ntify yu if we terminate this Agreement r yur use f the Services fr any ther reasn. C. Terminatin fr Cnvenience. T terminate this Agreement, yu must ntify the Bank and prvide yur name, address, the Service(s) yu are discntinuing, and the terminatin date f the Service(s). Yu may ntify the Bank by ne f the fllwing methds: Liability By sending an t nlinebanking@freedmbanknj.cm; By calling (201) ; r By writing a letter and either sending it t the fllwing address: Freedm Bank, 99 West Essex Street, Maywd, NJ r by giving it t a Custmer Service Representative at any f the Bank's lcatins. If yu are nt paying a mnthly service charge fr the Service, we may cnvert yur accunt t inactive status if yu d nt sign n t the Service r yu d nt have any transactin scheduled thrugh the Service during any cnsecutive 90-day perid. If yur accunt is cnsidered inactive, yu must cntact us t have the Service activated befre yu will be able t schedule any transactin thrugh the Service. A. Our Liability. If we d nt cmplete a transfer t r frm yur accunt, including a bill payment, n time r in the crrect amunt, accrding t ur agreement with yu when yu have prperly instructed us t d s, we will be liable t yu fr yur lsses r damages caused as a result, subject t the limitatins f liability set frth in this Agreement. There are sme exceptins t ur liability fr prcessing transactins n yur accunts. 1. We will nt be liable t yu in the fllwing instances: 2. If thrugh n fault f the Bank, yu d nt have enugh mney in yur accunt t make the transfer. 3. If circumstances beynd ur cntrl (such as fire, fld, pwer utage, equipment r technical failure r breakdwn) prevents the transfer despite reasnable precautins that we have taken. 4. If there is a hld n yur accunt, r if access t yur accunt is blcked, in accrdance with banking plicy. 5. If the transfer wuld cause yur balance t g ver the credit limit f an established line f credit r the credit limit fr any credit arrangement set up t cver verdrafts. 6. If yur funds are subject t a legal prceeding r ther encumbrance restricting the transfer. 7. If yur transfer authrizatin terminates by peratin f law. 8. If yu believe smene has accessed yur accunts withut yur permissin and yu fail t ntify the Bank immediately. 9. If yu have nt prperly fllwed the instructins n hw t make a transfer included in this Agreement. 10. If we have received incmplete r inaccurate infrmatin frm yu r a third party invlving the accunt r transfer. 11. If we have a reasnable basis fr believing that unauthrized use f yur Passwrd r accunt has ccurred r may be ccurring r if yu default under this Agreement, the depsit accunt agreement, a credit agreement r any ther agreement with us, r if we r yu terminate this Agreement.

7 12. Any ther exceptins stated in this Agreement r in the accunt agreements and disclsures fr yur accunts with us at Freedm Bank. Our sle respnsibility fr an errr in a transfer will be t crrect the errr. Our liability als is limited as stated in the "Disclaimer f Warranty" and "Limitatin f Liability" sectins f this Agreement. B. Disclaimer f Warranties. Yu are respnsible fr the crrect set-up and installatin f any hardware and sftware that yu use t cnnect t Service and fr yur crrect use f Service. We make n warranty f any kind, express r implied, including any implied warranty f merchantability r fitness fr a particular purpse, in cnnectin with Service and the Services prvided t yu under this Agreement. We d nt and cannt warrant that the Service will perate withut errrs, r that any r all Services will be available and peratinal at all times. T the fullest extent permitted by applicable law, we disclaim all express and implied warranties, including withut limitatin the implied warranty f merchantability and the implied warrant f fitness fr a particular purpse and any warranties as t nn-infringement f third-party rights, in cnnectin with the Service and any hardware r sftware that yu r any third-party uses t cnnect t the Service. C. Limitatin f Liability. Except as specifically prvided in this Agreement, t the fullest extent permitted under applicable law, (a) yu agree that neither the Bank nr any fficers, directrs, emplyees, agents, cntractrs, service prviders r affiliates f r fr the Bank shall be liable fr any damages (whether direct, indirect, special, cnsequential, punitive r therwise, whether fr lss f prfits, revenue, r data r any use by yu r any third party, whether caused by hardware, sftware, system-wide failure r ther cause, whether fr breach f cntract, trt r ther thery f liability, r based n a warranty, r brught at law r in equity, and including withut limitatin ecnmic, prperty, persnal injury, death, r ther lss r injury) asserted r assessed against r incurred by yu r any third-party under, in cnnectin with r by reasn f the installatin, use r maintenance f hardware, sftware r ther items necessary fr yu r a third party t cnnect t the Service, and (b) yu agree that neither the Bank, nr any fficers, directrs, emplyees, agents, cntractrs, service prviders r affiliates f r fr the Bank, shall be liable fr any indirect, incidental, special, cnsequential r punitive damages (whether fr lss f prfits, revenue, r data r any use by yu r any third party, whether caused by hardware, sftware, system-wide failure r ther cause, whether fr breach f cntract, trt r ther thery f liability, r based n a warranty, r brught at law r in equity, and including withut limitatin ecnmic, prperty, persnal injury, death, r ther lss r injury) asserted r assessed against r incurred by yu r any third-party under, in cnnectin with r by reasn f any Services r prducts prvided under this Agreement r in cnnectin with r by reasn f yur use f r access t the Service. Withut limiting the freging limitatins f liability, the Bank, and its fficers, directrs, emplyees, agents, cntractrs, service prviders and affiliates, als shall nt be liable fr any cmputer virus r sftware r hardware related prblems which may be attributable t sftware, hardware r services prvided r used in cnnectin with the Services. Further, in n event shall the aggregate liability f the Bank, and its fficers, directrs, emplyees, agents, cntractrs, service prviders and affiliates, taken as a whle, exceed the aggregate amunt paid by yu fr the Services prvided t yu under this Agreement, calculated as f the date the act r missin which gave rise t such liability first ccurred. D. Indemnificatin. Yu agree t indemnify, defend and hld us, ur affiliate cmpanies, directrs, fficers, emplyees and agents harmless against any third party claim, demand, suit, actin r ther prceeding and any expenses related t an Online Accunt. E. Third Parties. We are nt liable fr any lss r liability resulting frm any failure f yur equipment r sftware, r that f an internet brwser prvider such as Netscape (Netscape Navigatr brwser) r Micrsft (Micrsft Explrer brwser), by an internet access prvider, r by an nline service prvider, nr will we be liable fr any direct, indirect, special r cnsequential damages resulting frm yur access t r failure t access an Online Accunt.

8 F. Virus Prtectin. The Bank is nt respnsible fr any electrnic virus r viruses that yu may encunter. We suggest that yu rutinely scan yur PC using a virus prtectin prduct. An undetected virus may crrupt and destry yur prgrams, files, and yur hardware. General Terms and Cnditins A. Bank Agreements. In additin t this Agreement, yu and the Bank agree t be bund by and cmply with the requirements f the agreements applicable t each f yur Online Accunts. Yur use f the Service is yur acknwledgment that yu have received these agreements and intend t be bund by them. Yu shuld review ther disclsures including the charges that may be impsed fr electrnic funds transfers r the right t make transfers listed in the fee schedules accmpanying thse disclsures and the fee schedule cntained in this Agreement, if any. B. Changes and Mdificatins. The Bank may mdify the terms and cnditins applicable t the Services frm time t time. We may send any ntice t yu via and yu will have t be deemed t have received it three days after it is sent. The revised terms and cnditins shall be effective at the earliest date allwed by applicable law. We reserve the right t terminate this Agreement and yur use f the Services in whle r in part at any time withut prir ntice. C. Assignment. We may assign this Agreement t an affiliate f the Bank r any successr in interest in the event f a merger, rerganizatin, change f cntrl, acquisitin r sale f all r substantially all assets f the business t which this Agreement is related. D. Ntices. Unless therwise required by applicable law, any ntice r written cmmunicatin given pursuant t this Agreement may be sent t yu electrnically. E. Disclsure f Infrmatin. We will nly disclse infrmatin t third parties abut yur accunt r transfers yu make under the fllwing circumstances: where it is necessary fr the prvisin f the Services and fr cmpleting transfers; in rder t verify the existence and cnditin f yur accunt fr a third party, such as a credit bureau r merchant; in rder t cmply with gvernment r curt rders, r ther reprting requirements; if yu give us yur permissin; t the Bank s affiliated cmpanies. F. Gverning Law. This Agreement is gverned by the laws f the State f New Jersey and applicable federal law