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The following agreement contains terms applicable
to Community Banks Online Banking services for both personal and
business customers. A personal account is one used primarily for
personal, family or household purposes; all other accounts are business
accounts. Sections 26-29 apply only to transfers or payments to
or from personal deposit accounts; Sections 30-32 apply only to
payments or transfers to or from business deposit accounts; and
the remaining sections apply equally to both personal and business
deposit and credit accounts. We recommend that you read this document
carefully and print a copy for your reference.
This Agreement between Community Bank (“Community Bank,”
“us,” “we” or “our”) and you (the
person(s), or in the case of a business account, the business entity
applying for or using Community Bank’s NetTellerTM Online Banking),
contains the terms and conditions for the Community Bank NetTeller
Banking service, hereafter called “NetTeller.” Community
Bank and you agree as follows:
Your use of any NetTeller service or allowing another to use NetTeller
shall mean that you agree to these terms and conditions.
Your “NetTeller ID Number” is a unique identification
number relating to NetTeller that we have assigned to your account.
You will receive your NetTeller ID Number in a separate mailing.
You may open additional Community Bank accounts and have them assigned
to your NetTeller ID Number. You can change the NetTeller ID we
assign you at any time to a more individualized identifier of up
to 12 characters in length.
Your initial NetTeller PIN will be disclosed to you at the time
you apply for this service. After you initially sign on, the system
will prompt you to immediately change your PIN to a PIN of your
choice to safeguard access to your financial information. Community
Bank may, at its option, change the PIN parameters without prior
notice to you, and if it does so, you will be required to change
your PIN the next time you enter NetTeller. You agree that you will
not give your PIN or make it available to any other person. You
are responsible for all transfers and payments you authorize using
your PIN and NetTeller.
You may perform the following banking transactions when you use
NetTeller with your PIN:
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Obtain balance information on your eligible Community
Bank deposit accounts linked for NetTeller and review account
transactions for deposit accounts from the time you became a
Community Bank NetTeller customer. |
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View balances and transactions of other accounts,
which you have with Community Bank, from the time you became
a Community Bank NetTeller customer. |
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Transfer funds among your Community Bank deposit
accounts as long as such accounts have been linked for access
through NetTeller. Note: Not all accounts are eligible to be
linked for transfer via NetTeller. We reserve the right to limit
transfer eligibility to certain types of accounts and to change
such eligibility from time to time. Accounts established under
any applicable state laws Uniform Transfers to Minors Act or
Uniform Gifts to Minors Act, estate accounts or formal trust
(except for Totten trust) accounts linked for NetTeller are
not eligible for transfers between accounts or for making payments. |
Any
transfer made from any of your savings or Money Market accounts
by using NetTeller is a restricted transfer subject to certain limitations.
Please refer to our Deposit Account Agreement and Disclosure for
full details.
If you have contracted for bill payment services, you may make payments
from certain of your Community Bank checking accounts to selected
payees of your choice located within the United States (tax payments,
payments to any governmental agency, or payments made pursuant to
court orders or fines are not allowed).
You are responsible for obtaining, installing, maintaining and operating
all computer equipment in accordance with such requirements as may
be provided by the equipment manufacturers. You agree that you will
utilize a reputable antivirus software program on your equipment
and that you will update such antivirus software periodically in
accordance with a commercially reasonable schedule.
You are additionally responsible for obtaining Internet services
via the Internet provider of your choice, for any and all fees imposed
by such Internet provider and any communications service provider
charges associated therewith. You acknowledge that there are certain
security, corruption, transmission error and access availability
risks associated with using open networks such as the Internet,
and you hereby expressly assume such risks (to the extent the law
allows you to do so). You acknowledge that you have requested the
service for your convenience, have made your own independent assessment
of the adequacy of the Internet as a delivery mechanism for accessing
information and initiating instructions, and that you are satisfied
therewith.
As used herein, the term “e-mail” means secure two-way
electronic correspondence between you and Community Bank. It also
means the manner by which and the facility through which, such secure
electronic correspondence is transmitted and received between you
and Community Bank within our NetTeller service. You may also contact
us by calling 1-800-460-6634 or writing to us at Community Bank,
P.O. Box 580, Granbury, TX 76048. You agree that you will not use
any electronic communication feature of the NetTeller service for
any purpose that is unlawful, abusive, harassing, libelous, defamatory,
obscene or threatening. Community Bank shall be entitled, but is
not obligated, to (1) review or retain your electronic communications
for, among other reasons, monitoring the quality of service you
receive, your compliance with this Agreement and the security of
your accounts, and (2) disclose your electronic communications to
the same extent it may disclose other information about you or your
account(s) as provided elsewhere in your account agreement(s). In
no event will Community Bank be liable for any costs, damages, expenses
or other liabilities incurred by you as a result of such activities
by Community Bank.
You agree that by using NetTeller, all notices which we may be required
to give you arising from our obligations under this Agreement or
other agreements you may have with us concerning your accounts or
services or from applicable law, may be sent to you electronically
via e-mail. Be sure to check your mailbox frequently for notices
and other communications from us.
We may, from time to time, introduce new services to NetTeller or
modify or delete existing services. We shall notify you of any of
these changes to services. By using any new or modified services
when they become available, you agree to be bound by the rules concerning
these services. Copies of such rules will be made available to you
at your request or will be sent to you if we are required by law
to automatically provide you with such rules.
NetTeller is currently free to all Community Bank customers. We
reserve the right from time to time upon notice to you to add, delete
or modify charges. You are responsible for all fees imposed by any
telephone or Internet service provider in connection with your use
of NetTeller.
You will receive a monthly NetTeller account statement, which will
show any transfers or payments made to or from any account you have
previously designated as NetTeller accessible.
It is our general policy to treat your account information as confidential.
In most instances, we will require a subpoena, summons, search warrant,
court order or your authorization before disclosing information
to third parties about your accounts or the transfers or payments
you make. However, we may provide information about your designated
accounts, your NetTeller transactions and your e-mail messages to
any agent we select to assist us in providing NetTeller. When we
conduct business with third parties, we require their vendors and
suppliers to maintain similar standards of conduct regarding the
privacy of personally identifiable customer information provided
to them.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES
A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLF FOR ANY LOSS,
DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING IN ANY WAY OUT OF NETTELLER, FAILURE OF ELECTRONIC
OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER
INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY
OF COMPUTER HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET
ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS WITH
INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES,
PROBLEMS WITH DATA TRANSMISSION FACILITIES OR YOUR TELEPHONE SERVICE.
NETTELLER AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.”
WE DO NOT MAKE ANY WARRANTIES CONCERNING THE EQUIPMENT, THE SOFTWARE
OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMMUNITY
BANK IS NOT RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER, SOFTWARE,
MODEM, TELEPHONE OR OTHER PROPERTY RESULTING FROM YOUR USE OF NETTELLER.
In addition to this NetTeller Customer Agreement, you agree to be
bound by and comply with such other written requirements as we may
furnish to you in connection with either this service or products
that may be accessed via this service, your Deposit Account Agreement
and Disclosures (or for business accounts, our Deposit Account Agreement
and Terms and Conditions for Business Accounts and Services), Community
Banks rules and regulations, and applicable state and federal laws
and regulations. We agree to be bound by them also.
The addresses, telephone numbers, and other information,
rights and responsibilities contained in this NetTeller Customer
Agreement are limited to NetTeller Banking related activities, and
do not cover your Community Bank ATM card or MasterMoney CardTM,
or other types of electronic fund transfers or payments by which
you may be able to access your Community Bank accounts. Please refer
to the documentation that you receive for those services for that
information.
Any overdraft that you may incur through your use
of NetTeller is subject to the terms of your Overdraft PrivilegeTM
or any applicable agreement for credit between Community Bank and
you.
Community Bank reserves the right to terminate this Customer Agreement
and the services covered hereby, in all or part, at any time without
prior notice. If you do not access any of your NetTeller services
for a period of three (3) months or greater, we reserve the right
to suspend or terminate your service.
The terms of this Customer Agreement and other documentation and
requirements associated with NetTeller may be altered or amended
by us. In such event, we shall send notice to your e-mail address
or such other address as may appear on Community Bank records if
we are required to do so by applicable law. Any use of NetTeller
after we send you a notice of such change will be your agreement
to the change.
In the event of a dispute regarding NetTeller, you and we agree
to resolve this dispute by looking to this Customer Agreement. If
there is a conflict between what one of our employees says and the
terms of this NetTeller Customer Agreement, the terms of this NetTeller
Customer Agreement shall control.
Any disputes arising from or related to your accounts with Community
Bank or services provided to you by Community Bank shall be governed
by the laws of the State of Texas (without reference to the conflict
of law rules thereof). In addition, any dispute arising from or
related to your accounts with Community Bank or services provided
to you by Community Bank shall be governed by federal laws and regulations,
Federal Reserve Bank rules and Operating Circulars, local clearinghouse
rules, Automated Clearing House rules, and general commercial bank
practices applicable to accounts of your type and/or to the services
provided by Community Bank.
Community Bank may assign or delegate certain of its rights and
responsibilities under this NetTeller Customer Agreement to independent
contractors or other third parties.
Our Business Days are Monday through Friday, excluding federal holidays.
If, for any reason, you should ever wish to cancel your NetTeller
service, you must notify Community Bank either by e-mail or by writing
to the address set forth in Section 3. Such notice will serve to
cancel your NetTeller service only, not your account relationships
with Community Bank.
Community Banks records, kept in the regular course of business,
shall be presumed to accurately reflect the contents of your instructions
to Community Bank and, in the absence of manifest error, will be
binding and conclusive.
To use NetTeller for transfers, you must maintain at least two deposit
accounts with Community Bank, among which you may transfer funds.
Your Community Bank account from which you are requesting a transfer
via NetTeller is called your “Transfer From Account.”
You can authorize automatic recurring transfers between your Community
Bank deposit accounts for the same amount at each occurrence for
as long as you wish. Repetitive Transfers (“Repetitive Transfers”),
as well as one-time transfers, will be paid on the same calendar
day of each transfer period or on the following Business Day if
the regular payment day falls on a non-Business Day. You authorize
Community Bank to charge your designated Transfer From Account for
all transfers of funds that you authorize through NetTeller. We
will not be obligated to make any transfer you may request unless
there are sufficient available funds in your Transfer From Account
to cover the transfer on the date of such request. In the event
of an overdraft to your Transfer From Account, Community Bank may
charge any other of your accounts for the amount of the overdraft.
Transfers should not be requested from any account that requires
two or more signatures except to the extent that you have a business
account and the corporate or other authority documents on file with
Community Bank provide otherwise. You agree not to change the account
documentation to require two or more signatures until you have first
notified us at the phone number or address in Section 3 to terminate
access to such accounts. No such change will be effective as to
your NetTeller service until we receive the notice and have a reasonable
opportunity to act.
If your NetTeller connection is interrupted during an online session,
you should sign on to NetTeller again and review the balance and/or
histories of the affected accounts. If the balance in the “Transfer
From Account” has not changed, the transfer was not transmitted
by Community Bank and you should re-enter it.
To use NetTeller Bill Paying Service for payments, you must maintain
a checking account with Community Bank and designate one of your
eligible Community Bank deposit accounts as your Pay From Account
on the NetTeller Bill Paying Service application.
As used in this Agreement, the following terms have the following
meanings:
“Cutoff Time” means
the time by which you must transmit payment instructions to have
them considered entered on that particular Business Day. The specific
Cutoff Time is set forth in Section 25 hereof;
“Fees” means a monthly
charge for the use of NetTeller Bill Paying Service and/or Non-Sufficient
Funds (NSF) or Overdraft (OD) charges as outlined in the banks current
Fee Schedule for Consumer Accounts or Fee Schedule for Commercial
Accounts;
“Payment” means payment
instructions you transmit for processing via NetTeller Bill Paying
Service (including Payments Pending and Repeating Payments);
“Payee” means the merchant
or other person or entity to which you wish a payment to be directed;
“Pay From Account”
means your Community Bank deposit account from which all payments
will be made hereunder;
“Payment Date” means
the Business Day of your choice upon which your payment will be
sent and the day as of which your Pay From Account will be debited;
“Payment Pending” means
any payment instruction which you have ordered to be made which
has not been canceled by you before the Cutoff Time on the Payment
Date; and
“Repetitive Payment or Repetitive
Transfer” means automatic recurring payments or transfers
for the same payment amount which you can authorize for payment
or transfer up to 90 days in advance of the first due date. Recurring
payments or transfers can be set up to pay weekly, semi-monthly
or monthly. Recurring payments or transfers must have an end date
of any date in the future.
As a NetTeller subscriber, you can arrange, at your option, for
the payment of your current, future and recurring bills from your
Bill Paying Account up to a maximum of $9,999 per item each Business
Day. You may select an unlimited number of Payees located within
the United States to pay using NetTeller Bill Paying Service, subject
to Community Bank’s and the Payees’ approval with the
following exceptions: you agree not to use NetTeller Bill Paying
Service to pay Payees to whom you are obligated for tax payments
or payments made pursuant to court orders or fines. By furnishing
us with the names of the Payees you wish to pay, you authorize us
to follow the payment instructions to these Payees that we receive
through NetTeller Bill Paying Service. When we receive a payment
instruction (for the current or a future date), we will send funds
to the Payee on your behalf, from the funds in your Pay From Account.
We will not be obligated to make any payment of any item unless
there are sufficient available funds in your Pay From Account (including
any Overdraft Privilege or any other credit account supporting your
Pay From Account) to cover the payment on the Payment Date. You
agree to maintain sufficient available balances in your Pay From
Account to cover all payments. You agree that NetTeller Bill Paying
Service may, at its option, follow your instructions to make payments
to a named Payee, even though a debit to your Pay From Account may
bring about or increase an overdraft. In the event of an overdraft
to your Pay From Account, we may charge any other of your accounts
for the amount of the overdraft. The Banks Consumer and Commercial
Fee Schedules contain information regarding all charges and fees,
such as Non-Sufficient Funds and Overdraft Fees, that may be imposed
by the bank or by its provider.
While it is anticipated that we will begin processing most transactions
on the Payment Date you select, it is understood that due to circumstances
beyond our control, particularly delays in handling and posting
payments by slow responding companies or financial institutions,
some transactions may take a few days longer to be credited by your
Payee to your Payee account. FOR THIS REASON, PAYMENTS SHOULD BE
SCHEDULED BY THE CUTOFF TIME AT LEAST FIVE (5) BUSINESS DAYS IN
ADVANCE OF THE ACTUAL DUE DATE (NOT THE LATE DATE) OF YOUR PAYMENT
OBLIGATION. WE WILL NOT BE RESPONSIBLE FOR ANY CHARGES IMPOSED,
OR ANY OTHER ACTION, BY A PAYEE RESULTING FROM A LATE PAYMENT, INCLUDING
ANY APPLICABLE FINANCE CHARGES AND/OR LATE FEES. (ELECTRONIC PAYMENTS
GENERALLY DO NOT HAVE TO BE SCHEDULED AS FAR IN ADVANCE.)
You authorize us to charge your designated Pay From Account for
all payments that you authorize through NetTeller Bill Paying Service.
Community Bank and any agent used by us in connection with NetTeller
Bill Paying Service is authorized to prepare drafts drawn on your
Pay From Account and/or electronically debit your Pay From Account
for the purpose of making payments. We are authorized to accept
any draft drawn on the Pay from Account on presentment and charge
the Pay From Account even though it does not bear your signature
where such draft has been issued as part of the NetTeller Bill Paying
Service.
Because your payment instructions are transmitted to us on your
computer, the payment will not be sent to your Payee with the Payee’s
payment stub. Payments received without the payment stub are sometimes
processed at a different location. Some Payees may take longer to
post the payment to your account if the payment stub is not included
with the payment, although federal regulations may limit certain
creditors (such as credit card issuers) to a period of up to five
(5) days. For this reason, we recommend that you contact your Payees
to ensure that you have the right address and that you schedule
payments in sufficient time to allow for your payment to be sent
to your Payee and the payment to be posted.
NetTeller Bill Payment checks are intended for deposit only, not
for encashment.
You should follow the procedures set forth in Section 18 if for
any reason your NetTeller Bill Paying Service connection is interrupted
during an online session.
You may cancel or change any Pending Payment via NetTeller Bill
Payment Service if you do so no later than the Cutoff Time, on the
Payment Date. If you wish to stop a payment after the Cutoff Time,
on the Payment Date or any day following the Payment Date, you may
do so only by calling Community Bank at the phone number set forth
in Section 3. Stop payment requests sent to us after the Cutoff
Time on the Payment Date or via e-mail or in any other manner may
not reach us in time for us to act on your request. Such stop payment
requests will be accepted in accordance with your Deposit Account
Agreement and Disclosures and only if we have a reasonable opportunity
to act on such a stop payment order. If you call, we may also require
you to present your request in writing within fourteen (14) days
after you call. If you stop any Repetitive Payment to a Payee, we
may not make further payments to that Payee until you have provided
a new authorization to resume making those payments. The charge
for each stop payment order will be the then current charge for
such service as set out in the schedule of fees for the Pay From
Account.
Payments should not be requested from any account that requires
two or more signatures. The sole exception to this requirement is
if you have a business account and the corporate or other authority
documents on file with Community Bank provide otherwise. You agree
not to change the account documentation to require two or more signatures
until you have first notified us at the phone number or address
in Section 3 to terminate access to such accounts. No such change
will be effective as to your NetTeller Bill Paying service until
we receive the notice and have a reasonable opportunity to act.
NetTeller Bill Paying Service remits two types of payments on your
behalf to pay your Payees — electronic and paper check. If
your Payee is capable of receiving payments electronically, NetTeller
Bill Paying Service makes every effort to transmit your payment
electronically so that payments are received by the Payee as quickly
as possible. Other Payees are not capable of accepting electronic
payments, and those Payees are paid by a paper check drawn by NetTeller
Bill Paying Service on your behalf. These paper checks are not negotiable
after 90 days. Occasionally, paper check payments are not cashed
by your Payee within the 90-day negotiable period. When this happens,
NetTeller Bill Paying Service will return the funds to Community
Bank, usually within 60-90 days of the expiration of the negotiable
period, and upon receipt thereof, Community Bank will notify you
and immediately recredit your Pay From Account. Community Bank or
its agents have no liability to you, your Payee or any other party
for refusing payment on any check that remains outstanding after
90 days.
NetTeller Bill Paying Service reserves the right to refuse to pay
any Payee whom you may designate for a payment. NetTeller Bill Paying
Service will notify you promptly if it decides to refuse to pay
a Payee designated by you. This notification is not required if
you attempt to pay tax or court-related payments, or payments to
Payees located outside the United States, each of which is prohibited
under this Agreement.
NetTeller Bill Paying Service allows you to add, edit or delete payments 24 hours
a day, seven days a week. The only exceptions are during system maintenance periods
and at such times you may experience a delay or may not be able to gain access to the
system. Payments are processed Monday through Friday at 2:00 a.m. and 12:00 noon CST
on the day the payment is due. Electronic payments will be deducted as of the Payment
Date the on the applicable Pay From Account. Check payments will be deducted on the day
that the check clears on the Pay From Account. All payments initiated on any non-Business
Day or after the Cut-off Time on any Business Day will be processed as of the next
Business Day. Repetitive Payments, which are for the same fixed amount each month, will
be paid on the same calendar day of each month, or on the following Business day if the
regular payment day falls on a non-Business Day.
All Cutoff Times referenced in this agreement reflect the times displayed on NetTeller
Bill Paying Services internal system clocks and may not necessarily be synchronized with
the internal clock displayed on your computer. For this reason, we suggest that you
transmit any instructions to NetTeller Bill Paying Service sufficiently in advance of
such Cutoff Times to eliminate the possibility of missing the cut-off.
If you order us to stop a Repetitive Payment or Repetitive Transfer
three (3) Business Days or more before the Payment Date, and we
do not do so, we will be liable to you for those losses or damages
as provided by law. If you desire to cancel a Repetitive Payment
or Repetitive Transfer, you should cancel your payment online. If
for any reason you cannot access NetTeller Bill Paying Service,
you may also call or write Community Bank at the phone number or
address set forth in Section 3. Regardless of the method used to
cancel your Repetitive Payment or Repetitive Transfer, we must receive
your request three (3) Business Days or more before the scheduled
Payment Date of the Repetitive Payment or Repetitive Transfer. If
you call, we may also require you to present your request in writing
within fourteen (14) days after you call. If you order us to stop
a Repetitive Payment or Repetitive Transfer three (3) Business Days
or more before the Payment Date, and we do not do so, we will be
liable to you for those losses or damages as provided by law.
If you permit other persons to use NetTeller Bill Paying Service
or your PIN, you are responsible for any transactions they authorize
from your deposit and credit accounts. If you believe that your
PIN has been lost or stolen or that someone has made payments, transferred
or may transfer money from your account without your permission,
notify us AT ONCE, at the phone number or address set forth in Section
3. If you do not do so, you could lose all the money in each of
the accounts, as well as all of the available funds in your Overdraft
Privilege or any credit line included among your accounts.
If you believe your PIN has been lost or stolen or that an unauthorized
transfer or payment has been made from any of your accounts, and
you tell us within two (2) Business Days after you discover the
loss or theft, you can lose no more than $50 if someone makes a
transfer or payment without your authorization.
If you do not tell us within two (2) Business Days after you discover
the loss or theft of your PIN or that an unauthorized transfer or
payment has been made from any of your accounts, and we can prove
we could have stopped someone from making a transfer or payment
without your authorization if you had told us, you could lose as
much as $500. Furthermore, if any account statement shows transfers
or payments that you did not make, tell us AT ONCE. If you do not
tell us within sixty (60) days after a statement showing such a
transfer or payment was transmitted to you, you may not get back
any money you lost after the sixty (60) days if we can prove that
we could have stopped someone from taking the money if you had told
us in time.
If a good reason, such as a long trip or hospital stay, kept you
from telling us, we will extend the time periods.
If we do not complete a transfer or payment to or from an eligible
account on time or in the correct amount according to our agreement
with you, we will be liable for those damages as the law imposes
in such cases. However, there are some exceptions. We will not be
liable, for example:
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If, through no fault of ours, your account does
not contain sufficient funds to make the transfer or payment,
and the transfer or payment would exceed any credit line or
any Overdraft Privilege ™ for such account. |
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NetTeller Bill Paying Service or your operating
system was not functioning properly at the time you attempted
to initiate such transfer or payment, and it was evident to
you at the time you began the transfer or payment. |
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Circumstances beyond our control, such as fires,
floods, acts of God, power outages and the like. |
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The Payee mishandles or delays processing or
posting a payment sent by NetTeller Bill Paying Service. |
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You failed to provide the correct Payee names
or account information. |
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If you have not provided us with complete and
correct payment information, including without limitation the
name, address, account number and payment amount for the payee
on a payment.
The list of examples set out in this Section 28 is meant to
illustrate circumstances under which we would not be liable
for failing to make a transfer or payment and is not intended
to list all of the circumstances where we would not be liable. |
In case of errors or questions about your electronic transfers or
payments, you should contact us at any time, seven days a week,
or write us as soon as you can, at the address or phone number set
forth in Section 3 if you think that your statement is wrong or
if you need more information about a transfer or payment listed
on the statement. We must hear from you no later than sixty (60)
days after we sent you the FIRST statement on which the problem
or error appeared.
Tell us your name and the account number(s) of the account(s) involved.
Describe the error or the transfer or payment you are uncertain
about, and explain as clearly as you can why you believe it is an
error or why you need more information.
Tell us the dollar amount of the suspected error.
If you tell us in person or by telephone, we may require that you
send us your complaint or question in writing within ten (10) Business
Days.
We will determine whether an error occurred within 10 Business Days
(20 Business Days if the transfer involved a new account) after
we hear from you and will correct any error promptly. If we need
more time, however, we may take up to 45 days (90 days if the transfer
involved a new account) to investigate your complaint or question.
If we decide to do this, we will credit your account within 10 business
days (20 business days if the transfer involved a new account) for
the amount you think is in error, so that you will have the use
of your money during the time it takes us to complete our investigation.
If we ask you to put your complaint or question in writing and we
do not receive it within 10 business days, we may not credit your
account. Your account is considered a new account for the first
30 days after the first deposit is made, unless each of you already
has an established account with us before this account is opened.
If we find there was no error, we will send you a written explanation
within three (3) Business Days after we finish our investigation.
You may ask for copies of the documents that we used in our investigation;
if we provisionally recredit your account, we may take back the
amount of any credit if we find that an error did not occur.
You are responsible for all transfers and payments, which are authorized
using your NetTeller Online Banking Password and your NetTeller
Bill Paying Service Password. If you permit other persons to use
NetTeller Online Banking or your Password, you are responsible for
any transactions they authorize.
ACCOUNT
ACCESS THROUGH NETTELLER ONLINE BANKING IS SEPARATE AND DISTINCT
FROM YOUR EXISTING SIGNATURE ARRANGEMENTS FOR YOUR ACCOUNTS. THEREFORE,
WHEN YOU GIVE AN INDIVIDUAL THE AUTHORITY TO ACCESS ACCOUNTS THROUGH
NETTELLER ONLINE BANKING, THAT INDIVIDUAL MAY HAVE ACCESS TO ONE
OR MORE ACCOUNTS TO WHICH THAT INDIVIDUAL WOULD NOT OTHERWISE HAVE
SIGNATURE ACCESS. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT,
UNAUTHORIZED OR OTHERWISE IMPROPER USE OF YOUR PASSWORD; NETTELLER
SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL
INSTRUCTIONS RECEIVED BY IT WHEN ACCOMPANIED BY SUCH PASSWORD, AND
TO ACT ON SUCH INSTRUCTIONS.
We shall have no liability to you for any errors or losses you sustain
in using NetTeller Online Banking except where we fail to exercise
ordinary care in processing any transaction. We shall also not be
liable for any failure to provide any service if the account(s)
involved is no longer linked for NetTeller Online Banking service.
Our liability in any case shall be limited to the amount of any
funds improperly transferred from your Pay From Account less any
amount which, even with the exercise of ordinary care, would have
been lost.
Without regard to care or lack of care of either you or NetTeller,
a failure to report to us any unauthorized transfer, payment or
error from any of your accounts within fourteen (14) days of our
providing you with a bank statement showing such unauthorized transfer,
payment or error shall relieve us of any liability for any losses
sustained after the expiration of such fourteen-day period and you
shall thereafter be precluded from asserting any such claim or error.
In case of errors or questions about your electronic transfers or
payments, you should contact us as soon as you can at the address
or telephone numbers set forth in Section 3 at any time, seven days
a week, if you think that your statement is wrong or if you need
more information about a transfer or payment listed on the statement.
We must hear from you no later than fourteen (14) days after we
sent you the FIRST statement on which the problem or error appeared.
Failure to so notify us will preclude you from being able to assert
a claim based on such problem or error. We will investigate any
errors reported to us and we will advise you of the results of our
investigation.
You represent and warrant that you are authorized to enter into
this Agreement and to bind your business hereto, and that your NetTeller
Online Banking application conforms to the terms and conditions
of this Agreement.
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