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1. Coverage.
This
Agreement applies to your use of County Savings Bank’s Online Banking
Service (“Internet Banking”), which permits you to access your accounts
with County Savings via the Internet for various banking services. This
Agreement applies to all persons that are parties to the accounts. In
this Agreement, the terms “you” and “your” refer to each owner of an
account accessible by Internet Banking, and the terms, “us,” “we,” and
“our” refer to County Savings Bank.
2. Enrollment.
Access to
Internet Banking can be provided in one way- in person. You must
complete and sign an enrollment form at one of our branch offices. Once
the enrollment form has been verified, you will receive an On-Line
Banking Welcome Package in the mail in three to five business days. This
package will contain both your Access ID and your Password enabling you
to access your financial information. All information is kept strictly
confidential and is not released to non-related third parties except as
permitted by law. Please refer to
our Privacy Statement for more
information.
3. Your Responsibility.
You
are responsible for selecting all software, hardware, and your Internet
service provider and for any defect, malfunction or interruption in
service or security due to hardware or software failure or your choice
of an Internet service provider.
4. Password.
Your
Password has the same effect as your signature authorizing transactions.
You agree to keep your Password safe, and not to disclose or make your
Password available to anyone other than authorized users of your
accounts. Be advised that anyone to whom you disclose your Password and
anyone who has access to your Password will have full access and
presumed authority to the services you can perform with Internet
Banking, including full access to your accounts. You have no ability to
limit any such person’s authority. If anyone uses your Password, you
will be responsible for any transactions performed by that person. If
you elect to have the browser on your computer save your access ID and
password, and someone not authorized gains access to your accounts with
us to view or transfer funds, then you agree to take full responsibility
for these transactions and cannot hold County Savings Bank liable for
any losses incurred due to unauthorized activity.
5. Security.
We use a
system of firewalls that serve as an immune system to protect our
information applications from unauthorized intruders. Computer
operations specialists monitor this system for any indications of a
breach. Additionally, we use and require you to use a browser that
supports 128-bit encryption. Additionally, we use an automatic “time
out” system that will automatically log you off if, after 20 minutes of
inactivity, you have not logged yourself off.
6. Customer liability.
We use a
system of firewalls that serve as an immune system to protect our
information applications from unauthorized intruders. Computer
operations specialists monitor this system for any indications of a
breach. Additionally, we use and require you to use a browser that
supports 128-bit encryption. Additionally, we use an automatic “time
out” system that will automatically log you off if, after 20 minutes of
inactivity, you have not logged yourself off.
You could
lose money in your accounts, including any credit line, if available. If
you contact us within 2 business days after you learn of the loss,
theft, compromise, or unauthorized use of your password, you can lose no
more than $50 if someone used your password without your permission. If
you do NOT contact us within 2 business days after you learn of the
loss, theft, compromise, or unauthorized use of your password, and we
can prove we could have stopped someone from using your password to
access your accounts without your permission if you had told us,
you may have a greater loss. Also, if your paper or
e-mail/electronic periodic statement shows transfers that you did not
make, contact us at once. We must hear from you no later than 60 days
after we sent you the FIRST statement on which the problem or error
occurred. If you do not tell us within 60 days after the statement was
mailed or e-mailed to you, you may not get back any money you lost
through transactions made after the 60 day time period if we can prove
that we could have stopped someone from taking the money if you had told
us in time.
7.
Loss of Password or Event of Unauthorized Transfer.
If you
believe your Password has been lost or stolen or that someone has
transferred or may transfer money from your account without your
permission, please
Contact Us
immediately.
8.
Processing Your Funds Transfer.
We will
process a funds transfer on the same day as your instructions if we
receive your instructions before our Internet Banking cut-off
hour of 9:00 p.m. EST (the “Cut-Off Hour”). If we receive your
instruction after the Cut-Off Hour of that day, we will process
the transaction no later than the Cut-Off Hour of the next day.
If you schedule a funds transfer for a future date, we will process the
transaction on that date. If you schedule a recurring funds transfer and
the payment date does not exist in a month, the payment will be
processed on the last day of that month or the business day previous to
the scheduled date.
9. Canceling funds Transfers.
You
may cancel or change a scheduled funds transfer by selecting and
accurately completing the appropriate fields from the payment menu. Any
instruction to cancel or change a funds transfer must be made by the
Cut-Off Hour of the day prior to the date the transaction is to be
processed. If you do not accurately complete the appropriate
instructions prior to that time, the transaction will be processed. You
should cancel all scheduled transfers before you discontinue using the
Internet Banking program.
10. Overdrafts.
When you
schedule a funds transfer using Internet Banking, you authorize us to
withdraw the necessary funds from your account with us. We deduct the
amount of your funds transfer from your account on the date we process
your instruction. Each instruction to us to withdraw or transfer from an
account is an order to us to pay from that account at that time or on a
later date, if any, indicated in the instruction. We may charge these
payments against your account even though the charge creates an
overdraft, or we may refuse to make these payments if the charge would
create an overdraft in your account. If your account becomes overdrawn,
you agree to immediately pay us the overdrawn amount, together with any
applicable fees. If the account is maintained in connection with an
overdraft line of credit, any overdraft will be made in accordance with
the agreement or rules governing that account rather than this
Agreement.
11. Fees.
There is
no charge to use Internet Banking or to make transfers between your
County Savings accounts. See our regular schedule of fees and charges to
find out how much and when other fees and charges may apply, such as
overdraft.
12. Periodic Statements.
Your
Internet Banking account activity will appear on your periodic account
statement. However, periodic statements are not supplied and do not
apply to non-statement accounts such as Passbook Savings.
13. Our Liability for
Failure to Make Transfers.
If you
have given us all of the proper and timely instructions and have
properly completed all fields required to process a transfer, and we do
not complete that transfer to or from your account on time or in the
correct amount according to our agreement with you, subject to the
limitations contained in this Agreement, we will be liable for your
losses or damages proximately caused by our failure. However, there are
some exceptions, including but not limited to, the following:
We will not be liable to you
if,
-
Through no fault of ours,
you do not have enough money in your account to make the transfer.
-
The transfer would go over
the credit limit on your overdraft line.
-
Circumstances beyond our
control (such as communications, electronic or computer system
failure, fire or flood) prevent the transfer or use of Internet
Banking, despite reasonable precautions that we have taken.
-
You have not properly
followed the instructions for using Internet Banking.
-
Your operating system is
not properly installed or functioning properly.
-
The failure resulted from
any malfunctions of your browser, Internet service provider or
computer, computer virus or other problems relating to the computer
equipment you use with Internet Banking, including, without
limitation, your inability to access Internet Banking or any part of
Internet Banking.
-
The failure was the result
of inaccessibility to Internet Banking due to Internet Banking system
failure.
-
If a legal order directs us
to prohibit withdrawals from the account.
-
If your account is closed,
or if it has been frozen.
-
If you, or anyone
authorized by you, commits any fraud or violates any law or
regulation.
Notwithstanding any other provision in this agreement, unless otherwise
prohibited by law, our sole responsibility for an error by us or third
party provider in transferring funds will be to correct the error, but
in no case will we be liable for any indirect, special, incidental or
consequential damages in connection with or in any way related to
Internet Banking.
14. Account Information Disclosure.
See our current disclosure.
15. Termination.
We may
modify, suspend or terminate your privilege of using Internet Banking
and may withhold approval of any transaction, at any time, without prior
notice to you. In the event we terminate Internet Banking, we will try
to notify you in advance but are not required to do so. You will be
notified as soon as practicable. Any one person who can use the account
accessible with Internet Banking may terminate Internet Banking.
Termination shall not affect the rights and obligations of the parties
for transactions made with Internet Banking before we have had a
reasonable time to respond to your termination request. Your termination
of Internet Banking may NOT automatically terminate any pending
transfers and payments; you should cancel these items prior to
terminating usage of Internet Banking.
16. Third Parties.
You
understand that support and services relating to Internet Banking are
provided by third parties other than us and you authorize us to contract
with third parties to provide such support and services.
17. Amendment.
We may
amend this Agreement at any time. Notice will be posted in our office
and/or mailed to you at your current address as stated in our
files. Amendments will be effective upon the date indicated in the
notice.
18. Limitation on our liability.
Unless
otherwise required by law, we will not be responsible for any losses or
damages from the use of the services described in this disclosure
statement and the service agreement, including direct, indirect, special
or consequential losses or damages. We will not be responsible for any
losses or damages from the use of the software or the equipment you use
to access the service including direct, indirect, special or
consequential losses or damages. We will not be responsible for any
losses or damages because of a failure or delay in the delivery or
processing of any payment including direct, indirect, special or
consequential losses or damages. We will also not be responsible for any
transfer of funds the primary purpose of which is the purchase or sale
of securities or commodities regulated by the Securities and Exchange
Commission or the Commodity Futures Trading Commission.
19. Our Business
Customers.
If you are
not using the Service primarily for personal, family or household
purposes, sections 6, 15 and 16 of this agreement, as well as, the “In
Case of Errors” page do not apply to you. In addition, you agree that
you are responsible for all payments and transfers made using your
Password even if you claim you never requested or received a Password or
if the person using your Password was not authorized by you to do so.
20. Severability.
If any
provision of this Agreement is held invalid, illegal, void or
unenforceable by any rule or law, administrative order or judicial
decision, all other provisions of the Agreement shall remain in full
force.
21. Governing law.
This
agreement is governed by and shall be constructed in accordance with the
State laws of Pennsylvania and applicable federal law.
22.
Business Days.
Our
business days are Monday through Friday, excluding Saturdays, Sundays
and Holidays, even if we, or any of our branches, are open all or part
of such days.
23.
General.
This
Agreement is intended to supplement and not to replace other agreements
between you and us relating to your accounts, including, without
limitation, our Deposit Account Rules. In the event of a conflict
between this Agreement and any other account rules and agreements that
apply to your accounts, this Agreement shall govern and prevail with
respect to Internet Banking activities. |
