Ballston Spa National Bank
Online Banking Service Agreement
Agreement
This Agreement which includes the
Application Form1,
and
Terms and Conditions of Your Deposit Account2,
is a contract which establishes the rules which cover your electronic access to
your accounts at Ballston Spa National Bank ("BSNB") through
Online Banking.
By using BSNB
Online Banking,
you accept all the terms and conditions of this Agreement.
Please read it carefully and retain a copy for your records.
The
Terms and Conditions of Your Deposit Account,
account disclosures for each of your BSNB accounts, and your other agreements
with BSNB (e.g., individual loans), continue to apply notwithstanding anything
to the contrary in this Agreement.
This Agreement is also subject to applicable federal laws and the laws of the
State of New York (except to the extent this Agreement can and does vary from
such rules or laws). If any provision of this Agreement is found to be
unenforceable according to its terms, all remaining provisions will continue in
full force and effect. You may not assign this Agreement. This Agreement is
binding upon the parties’ heirs, successors and assigns. Certain of the
obligations of the parties pursuant to this Agreement, that by their nature
would continue beyond the termination, cancellation or expiration of this
Agreement (including, but not limited to fees and transactions in process),
shall survive. This Agreement, together with the
Online Banking
Fee Schedule,
Application Form,
Terms and Conditions of Your Deposit Account,
Electronic Fund Transfer Disclosure3
and the Online Banking External Service Agreement,
constitutes the entire Agreement between you and BSNB with respect to the
subject matter hereof, and there are no understandings or agreements relative
hereto which are not fully expressed herein.
Section 1.
Definitions
As used in this Agreement, the words
"Accounts" eligible for
Online Banking
include:
Checking accounts
NOW or Interest Bearing Checking accounts
Statement Savings accounts
Passbook Savings accounts
Money Market Investment accounts
Holiday Club accounts
Installment Loans
Commercial Loans
Home Equity Lines of Credit
Home Equity Loans
Overdraft Lines of Credit
Mortgage Loans
The BSNB Terms and Conditions of Your Deposit Accounts governing the Accounts
are incorporated by reference herein.
Section 2.
Access
To use
Online Banking,
you must have at least one eligible account at BSNB, access to
Online Banking,
and an e-mail address. Also, your browser must support full 128-bit encryption
and must be a currently supported browser in order to access BSNB
Online Banking
at
http://www.bsnb.com, or such other Internet
address we may provide.
No additional software is required for
Online Banking
access. Once we have received your online application, which is your request and
consent to allow access to your accounts through BSNB
Online Banking,
and verified your account information, we will contact you by telephone to
complete the application process.
Continued access to
Online Banking
is based on the frequency with which you access the service. If, for example,
our records indicate that you have not signed on [have not employed your
Access ID
and
Passcode
as defined in
Section 1] to
Online Banking
for a six-consecutive-month period, we reserve the right to terminate access. If
access to
Online Banking
is terminated, it will affect only your ability to access your account(s) via
Online Banking,
including your ability to a.) view your account history online; b.) transfer
funds between accounts online; or, c.) make payments from your accounts using
the Bill Pay system.
If we terminate your access to
Online Banking
as described above, and you wish to re-establish access, you must contact us at
518-885-6781 to reactivate your access.
Section 3.
Online Banking
You can use BSNB
Online Banking
to check the balance in your BSNB account(s), view BSNB account histories,
transfer funds between your eligible BSNB accounts, transfer funds between non
BSNB accounts and, if you are a registered user of our
Online Banking
Bill Payment services, pay bills from your Designated Checking Account in the
amounts and in accordance with your payment instructions.
Section 4.
Your Access ID and Passcode
When you complete an
Online Banking
application, you will be asked to choose an Access ID and Passcode, which
you must retain for purposes of accessing BSNB Online Banking.
Once we have received your properly completed Online Application and we have
verified your identity, you will be authorized for use of BSNB
Online Banking.
For security reasons, you can change your Passcode for
Online Banking
at any time.
YOU MAY BE REQUIRED TO CHANGE YOUR PASSCODE PERIODICALLY
and comply with other security related requirements that we may deploy for your
protection.
Your access to
Online Banking
will be blocked in the event your Passcode is entered incorrectly on three (3)
consecutive access attempts. If this occurs, please call BSNB
Online Banking
Support at 518-885-6781 (8:00 AM to 6:00 PM EST) or any other number that we may
designate for
Online Banking
Support in the future. You may also use the Forgotten Passcode feature by
clicking on the “Forgot Passcode” link located below the normal passcode entry
field.
You authorize us to follow any instructions entered through
Online Banking
using your Access ID and Passcode. You agree to indemnify and hold the Bank
harmless from any liability, cost, expense, or damages, including reasonable
attorney’s fees, which the Bank may incur as a result of acting upon
instructions or implementing transactions which bear your Access ID and Passcode.
Further, you agree that the Bank is not liable for any payment, transfer, or
transaction from or to any account where the payment, transfer, or transaction
bears the appropriate Access ID and Passcode.
You agree that e-mail or other communications viewed or transmitted between us
through the
Online Banking
service shall be treated as a "writing" and shall bind each of us in the same
way as written communications. You agree that use of your Access ID and/or
Passcode to access the
Online Banking
service through our web site in connection with a communication that you send to
us shall be treated as your signature.
Section 5.
Changing Existing Accounts
You can delete from this Agreement any of your Ballston Spa National Bank
accounts that BSNB
Online Banking
supports, subject to verification by us. If at any time you wish to change or
delete any of your accounts linked by BSNB
Online Banking,
you must provide us with advance written notice via a secure message through
Online Banking,
postage mail, or in person. You must notify us at least three (3) Business Days
prior to the date on which you wish to have your account(s) changed, added or
deleted from BSNB
Online Banking.
We reserve the right, however, due to extenuating circumstances as determined by
the Bank, to take up to ten (10) Business Days to implement any of the
aforementioned requested changes.
Access to your accounts through
Online Banking
will be based upon the ownership of accounts, your Access ID, and your Passcode.
We undertake no obligation to monitor transactions through
Online Banking
to determine that they are made on behalf of the account holder. You agree to
hold the bank harmless as a result of any damages you may incur as a result of
same.
Section 6.
Security
You understand the importance of your role in preventing misuse of your accounts
through
Online Banking
and you agree to promptly examine your account statement for each of your BSNB
accounts as soon as you receive it. You agree to protect the confidentiality of
your account and account number, and your personal identification information,
such as your driver's license number and social security number. You understand
that personal identification information by itself, or together with information
related to your account, may allow unauthorized access to your account(s). Data
transferred via
Online Banking
is encrypted in an effort to provide transmission security and
Online Banking
utilizes identification technology to verify that the sender and receiver of
Online Banking
transmissions can appropriately be identified by each other. Notwithstanding our
efforts to insure that the
Online Banking
system is secure, you acknowledge that all data transfers, including electronic
mail, occur openly on the internet and potentially can be monitored and read by
others. We cannot and do not warrant that all data transfers utilizing
Online Banking,
or e-mail transmitted to and from us, will not be monitored or read by others.
By accepting the terms of this Agreement and using
Online Banking,
you agree to accept this risk.
Section 7.
Fees and Charges
You agree to pay the fees and charges for your use of
Online Banking
as set forth in the
Online Banking Fee Schedule,
and that pricing is subject to change anytime at the Bank's discretion. If you
are unwilling to accept a price change, you may terminate access to this account
and discontinue
Online Banking
at no cost to you. You agree that all such fees and charges will be deducted
from the BSNB checking account designated as the "Designated Checking Account".
If you close your Designated Checking Account, you must contact us immediately
to designate another account as your Designated Checking Account. You are also
responsible for telephone and Internet line fees you incur in connection with
your use of
Online Banking.
Section 8.
Transfers
By entering this Agreement, you are authorizing us to honor your preauthorized
transfers. Any attempted payment, which exceeds the available balance in your
Checking Account, (9:00 AM to 8:00 PM EST) may be rejected and returned. Any
payment returned for insufficient funds is subject to an NSF Return Fee as
outlined in the Online Banking Fee Schedule. The NSF Return Fee is subject to
change and is determined at the sole discretion of BSNB. One-time transfers or
bill payments, or the first in a recurring schedule of transfers or bill
payments, will occur on a Business Day. If a recurring transfer has been
previously scheduled to take place and is scheduled to be debited from your
account on a date which is not a Business Day, the transfer or bill payment will
be deducted from the appropriate account the following Business Day.
Transfers may be made between Eligible Accounts. An "Eligible Account" is an
Account linked to
Online Banking
that does not have withdrawal restrictions. To schedule a transfer of funds
between Eligible Accounts, you must provide the Eligible Accounts from and to
which the transfer is to be made, the amount to be transferred, and the date or
dates the transfer is to be made. Any attempted transfer which exceeds the
available balance in the Eligible Account from which the funds are to be
transferred will not be made. Loan payments to BSNB may be deducted directly
from any of your checking or savings accounts as a transfer transaction,
provided that both the loan and deposit accounts have been identified for
Online Banking.
By law, you are limited to making no more than six (6) pre-authorized or
automatic or telephonic (including data transmission) transfers from a savings
or money market account, to another of your account(s), or from your savings or
money market account, for purposes of pre-authorized payments or transfers to a
third party, during a monthly statement period.
If, in our determination, you repeatedly exceed the allowable limits, you
may be charged a fee for each excess transaction and, by law, we will be
required to close your savings or money market account. There is no limit on the
number of ATM withdrawals made directly to you during a monthly statement
period.
You may schedule duplicate payments or transfers. A duplicate payment or
transfer is one that is scheduled to be made to the same payee on the same
business day for the same amount. At the end of each
Online Banking
transaction, you will receive a confirmation message of your activity within
your
Online Banking
session.
Section 9.
Initiation and Delivery of Transfers
Although you can enter transaction instructions through
Online Banking
seven (7) days a week, 24 hours a day, payments and scheduled transfers can be
“processed" only on Business Days (See Section 1). The date on which a
transaction or payment is to be "initiated" is the date on which funds will be
deducted from the appropriate Account.
Section 10.
Timing of Payments and Transfers
For transfers between accounts at BSNB, You may schedule a transfer to be
initiated on the same day you place your request on
Online Banking
provided you send the information to us on a Business Day before 8:00 PM EST.
For transfers to or from a non BSNB account, You may schedule a transfer to be
initiated on the next business day you place your request on
Online Banking
provided you send the information to us on a Business Day before 4:00 PM EST.
Future Transfers
If you schedule a future payment or transfer for a non-Business Day, your
transaction will be initiated on the following Business Day.
Recurring Transfers
You may schedule transfers that do not vary in amount to initiate automatically
on a regular schedule of your choice. If you choose a day near the end of the
month for a recurring transfer that does not exist in a particular month, then
the transfer will be initiated on the day immediately following Business Day.
If the scheduled recurring transfer falls on a day that is not a Business Day in
a particular month, the transaction will be initiated on the following Business
Day. For example, if you schedule a recurring transfer for the 10th of each
month and the 10th of September falls on a Saturday, then your transaction will
be initiated on the following Business Day, Monday, the 12th of September.
Section 11.
Canceling or Changing Payments and Transfers
You may use
Online Banking
to change both the amount and the initiation date of any scheduled transfer. A
scheduled transfer for the same Business Day, including recurring transfers, may
be canceled, changed or rescheduled in this manner any time prior to 8:00 PM EDT
on the scheduled initiation date.
Scheduled transfers, including recurring transfers and bill payments, including
recurring bill payments, will be automatically cancelled if access to
Online Banking
is terminated as outlined in Sections 2. and 19.
You agree that, if your access to
Online Banking
is terminated, you hold BSNB harmless for any returned payments and/or any and
all related fees and costs incurred as a result of termination of access.
Section 12.
Reviewing Account History, Payments and Transfers
Any scheduled future payments or transfers are stored for viewing. Past payments
and transfers may be downloaded as transaction history to your personal
computer. You may download the transaction history of your account(s) to your
personal computer, during the time period they are accessible on the
Online Banking
system.
Section 13.
Inquiries
You may use
Online Banking
to check the balances and activity of your Accounts. In order to initiate an
inquiry, you must first use your Access ID and Passcode to connect to
Online Banking.
Deposit balance information displayed by
Online Banking
during your connection will be the Available Balance reported by the bank's
system and will change throughout the day based on your activity.
Section 14.
Disclosure of Account Information and Transfers
You understand information about your accounts or the transfers you make may
automatically be disclosed to others. For example, tax laws require disclosure
to the government of the amount of interest you earn, and some transactions,
such as large currency and foreign transactions, must be reported to the
government. We may also provide information about your accounts to persons or
companies we believe would use the information for reasonable purposes, such as
when a prospective creditor seeks to verify information you may have given in a
credit application or a merchant calls to verify a check you have written. In
addition, we routinely inform credit bureaus when accounts are closed because
they were not handled properly. We may also seek information about you from
others, such as the credit bureau, in connection with the opening or maintaining
of your account or in connection with approving your access to
Online Banking.
You agree and hereby authorize all of these transfers of information, to the
extent permitted by law.
Section 15.
Documentation, Verification of Transfers and Periodic Statements
No printed receipts of transactions are issued by BSNB
Online Banking.
Transfers and bill payments made through BSNB
Online Banking
will be shown on the SUMMARY AND TRANSFER TRANSACTION HISTORY OR PENDING
TRANSACTIONS screen(s) on your computer. All of your transfers and bill payments
made through BSNB
Online Banking
will also appear on your printed statement(s) for the accounts from which and to
which transfers are made. You will receive an account statement(s) at least
monthly for any month in which an electronic transfer occurs or at least
quarterly if no electronic transfer has occurred. You will not receive a
separate
Online Banking
statement.
Section 16.
Change in Terms
We may change any term of this Agreement at any time. If the change would result
in increased fees for any
Online Banking
service, increased liability for you, fewer types of available electronic fund
transfers, or stricter limitations on the frequency or dollar amount of
transfers, we agree to give you notice at least thirty (30) days before the
effective date of any such change, unless an immediate change is necessary to
maintain the security of an account on our electronic funds transfer system. We
will post any required notice of the change in terms on the BSNB website or
forward it to you by postal mail (or by e-mail if permitted by law). Your
continued use of any or all of the subject
Online Banking
services indicates your acceptance of the change in terms. If you are unwilling
to accept the change in terms, you may terminate access to this account and
discontinue
Online Banking
at no cost to you. We reserve the right to waive, reduce or reverse charges or
fees in individual situations. You acknowledge and agree that changes to fees
applicable to specific accounts are governed by the applicable deposit
agreements and disclosures.
Section 17.
Our Liability for Failure to Make a Transfer
All other language in this Agreement, notwithstanding, it is the intent of BSNB
to complete transfers to or from your account, including bill payments, on time
and in the correct amount. However, the parties specifically agree that, in
exchange for the services provided by BSNB under this Agreement and the other
terms of this Agreement, BSNB shall have no liability whatsoever for failure to
make such transfers correctly or in a timely manner, except as may otherwise be
provided by law. You understand and agree that, except as provided by law, BSNB
shall not be responsible for direct, indirect and/or consequential damages for
such failure, including interest, penalties or late fees for a payment missed or
not timely made.
Section 18.
Disclaimer of Warranty and Limitation of Liability
We make no warranty of any kind expressed or implied, including any implied
warranty of merchantability or fitness for a particular purpose, in connection
with
Online Banking
Services provided to you under this Agreement. We do not and cannot warrant that
Online Banking
will operate without errors, or that any or all
Online Banking
Service will be available and operational at all times. Except as specifically
provided in this Agreement, or otherwise required by law, you agree that our
officers, directors, employees, agents or contractors are not liable for any
indirect, incidental, special or consequential damages under or by reason of any
Online Banking
or products provided under this Agreement or by reason of your use of or access
to
Online Banking,
including loss of profits, revenue, data or use by you or any third party,
whether in an action in contract, tort, warranty or equity.
Section 19.
Termination
You may cancel your
Online Banking
Service with written notice at any time by:
We reserve the right to terminate at any time your access to
Online Banking,
in whole or in part, without prior notice. This includes termination based on
the frequency with which you access the service. If, for example, our records
indicate that you have not signed on [have not employed your
Access ID
and
Passcode
to
Online Banking,
within a six-consecutive-month period, we reserve the right to terminate access.
If we terminate access to
Online Banking,
termination of the service will affect only your ability to access your
account(s) via
Online Banking
including the ability to a.) view your account history online; b,) transfer
funds between accounts online; or,
c.)
make payments from your accounts using the Bill Pay system [see Section 12].
If we terminate your access to
Online Banking
as described above, and you wish to re-establish access, you must contact us at
(518)885-6781 to reactivate your online profile.
Section 20.
Communications between BSNB and You
Unless this Agreement provides otherwise, you can communicate with us in any one
of the following ways:
If you believe an unauthorized transfer of funds has been or may be made, you
agree to notify us immediately by any of the above methods.
Section 21.
Consent to Electronic Delivery of Notices
You agree that any notice or other type of communication provided to you
pursuant to the terms of this Agreement, and any future disclosures required by
law, including electronic funds transfer disclosures, may be made electronically
by posting the notice on the BSNB
Online Banking
website or by other electronic means. In addition, where required by law, a
paper copy of any required disclosure or notice of change will be mailed or
delivered to you. You agree to notify us immediately of any change in your
e-mail mailing address.
Addendum 1- Electronic Fund Transfer Disclosure
This section applies only to customers who use Online Banking services for
personal or household purposes. It does not apply to customers who use Online
Banking services for business purposes.
In Case of Errors or Questions about Your Electronic Funds Transfers and Bill
Payments
Contact us as soon as you can, if you think your account statement mailed to you
is wrong, or if you need more information about a transfer listed on your
account statement. We must hear from you no later than sixty (60) days after we
sent the FIRST account statement upon which the problem or error appeared. When
you contact us regarding:
Transfers
Bill Payments
Contact BSNB
Online Banking
Support at 518-885-6781 (8:00 AM to 6:00 PM EST).
Write to Ballston Spa National Bank at 87 Front Street, PO Box 70, Ballston
Spa, NY 12020.
Send e-mail to us through our
Online Banking.
If you contact us by telephone or by an electronic (e-mail-type) message through
our
Online Banking
Guestbook, we may require that you send us written confirmation of your request
or question by postal mail or fax within ten (10) business days.
We will communicate to you the results of our investigation within ten (10)
business days after you contact us and will correct any error promptly. If we
need more time, however, we may take up to ninety (90) days to investigate your
complaint or question. If we decide to do this, we will provisionally credit
your account within ten (10) business days for the amount you think is in error,
so that you will have the use of the 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 in the form of a paper writing within ten (10)
business days after your initial contact to us, we may not provisionally credit
your account.
If we decide that 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 have made a
provisional credit, a corresponding debit will be made from your account.
Your Liability for Unauthorized Transfers
CONTACT US AT ONCE if you believe your passcode has been lost, stolen, used
without your authorization, or otherwise compromised, or if someone has
transferred or may transfer money from your accounts without your permission
(See Section 23 for ways to contact us). An immediate telephone call to us is
the best way to reduce any possible losses. You could lose all the money in your
account plus, if applicable, your maximum overdraft line of credit. If you
contact us within two (2) business days after you learn of the loss, theft,
compromise, or unauthorized use of your passcode, you can lose no more than $50
if someone used your passcode without your permission. If you do NOT contact us
within two (2) business days after you learn of the loss, theft, compromise or
unauthorized use of your passcode, and we can prove we could have stopped
someone from using your passcode to access your accounts without your permission
if you had told us, you could lose as much as $500. Also, if your paper
statement shows transfers that you did not make, contact us at once. If you do
not tell us within sixty (60) days after the paper statement was mailed to you,
you may not get back any money you lost through transactions made after the
sixty (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. If a legally sufficient
extenuating circumstance kept you from contacting us, we will extend the time
periods.
|
Fees and Charges for Personal Users
|
||
|
Basic Online Banking Service |
Includes transfer,
inquiries: |
No charge |
|
Bill Payment Services
|
For Free Direct Checking, Senior
Checking, Interest Checking and Premier Checking: |
No monthly bill payment fee,
including up to 20 bills paid Per bill paid over 20, $.75 |
|
|
For Basic Checking: |
$4.95 per month |
|
Bill Payment Stop Payment Order
|
Per Stop Payment: |
$20.00 |
|
Online Stop Payment
(when available) |
Per Stop Payment: |
$25.00 |
|
Copy of Canceled Bill Payment Check
|
Per Copy: |
$10.00 |
|
Bill Payment NSF
(Insufficient Funds) Return Fee |
Per Item Returned : |
$30.00 |
|
External Transfer Fee |
Per Outbound External Transfer: |
$1.25 |
|
Fees and Charges for Business Users |
||
|
Basic Online Banking Service |
Includes transfer, inquiries: |
No charge |
|
Bill Payment Services
|
For the first two (2) months of
Bill Payment Service activation: |
No monthly bill payment fee |
|
|
After the first two (2) months of
Bill Payment Service activation: |
A monthly bill payment fee of
$4.95, including up to 10 bills paid |
|
Bill Payment Stop Payment Order
|
Per Stop Payment: |
$20.00 |
|
Online Stop Payment
(when available) |
Per Stop Payment: |
$25.00 |
|
Copy of Canceled Bill Payment Check
|
Per Copy: |
$10.00 |
|
Bill Payment NSF
(Insufficient Funds) Return Fee |
Per Item Returned : |
$30.00 |
|
External Transfer Fee |
Per Outbound External Transfer: |
$1.25 |
Member FDIC
Revised: 07/15/11
1
The Application Form is the document you used to register for Online Banking.
2 These Terms and Conditions were provided to you
when you opened your deposit account. A current copy may be requested via our
Guestbook located on www.bsnb.com.
3 This disclosure is located in Addendum 1 of this
document.