This HCB Online Agreement ("Agreement") is a contract which establishes the rules which cover your electronic access to your accounts at Hanover Community Bank ("Bank") through the HCB Online. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement. Please read it carefully.
The terms and conditions of the deposit agreements and disclosures for each of your Bank accounts as well as your other agreements with HANOVER COMMUNITY BANK such as 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 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. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and Bank's 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 shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Fee Schedule, constitutes the entire agreement between you and the bank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
1. Definitions - As used in this Agreement, the words "we", "our", "us" and "Bank" mean HANOVER COMMUNITY BANK. "You" and "your" refer to the "ACCOUNT HOLDER" authorized by HANOVER COMMUNITY BANK to use our HCB Online under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder's funds through our HCB Online. "Account" or "accounts" means your accounts at HANOVER COMMUNITY BANK. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your Bank accounts using the HCB Online including bill payments. "HCB Online Services" means the services provided pursuant to this Agreement, including the Bill Payment Service. "Business days" means Monday through Friday. Holidays are not included.
2. Access - To use our HCB Online, you must have at least one account at HANOVER COMMUNITY BANK, acquire the computer hardware and software required to access the HCB Online, access to Internet service, a web browser that provides encryption using a 128-bit key, and an e-mail address. It is your responsibility to maintain and upgrade your computer equipment for your use of the HCB Online. HANOVER COMMUNITY BANK is not responsible for equipment failure or malfunction on your computer, any computer virus that may affect your computer or other problems that may occur, directly or indirectly, from your use of HCB Online.
3. SYSTEM Services - You can use HCB Online to check the balance of your Bank accounts, view Bank account histories, transfer funds between your Bank accounts, reorder checks, make stop payment requests, view checks, and pay bills from your Bank accounts in the amounts and on the dates you request if you have requested the Bill Payment Service on your Enrollment Form. Balance and activity information is available as of the previous business day. HANOVER COMMUNITY BANK shall provide prior day and memo post balance and transaction information on your Bank account(s). Bank shall not be responsible for the accuracy and timeliness of the delivery of any information furnished to the HCB Online by the other reporting banks.
4. Hours of Access - The Services are available 24 hours a day, seven days a week, except during special maintenance periods.
5. Your Password - For security purposes, you are required to change your password upon your initial login to HCB Online. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly.
We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.
6. Security - You understand the importance of your role in preventing misuse of your accounts through HCB Online and you agree to promptly examine your periodic statement for each of your Bank 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 alone, or together with information related to your account, may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via HCB Online is encrypted in an effort to provide transmission security and HCB Online utilizes identification technology to verify that the sender and receiver of HCB Online transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the HCB Online system is secure, you acknowledge that the Internet is inherently insecure and 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 HCB Online, or e-mail transmitted to and from us, will not be monitored or read by others.
7. Fees and Charges - The Bank offers the benefits and convenience of the Online Banking Service and the Bill Payment Service to you with the fees waived at the present time. The bank reserves the right to alter this fee arrangement at any time by providing you with 30 days' notice in writing of any change in the fee arrangement. The fee will be deducted automatically from your Bill Payment primary checking account.
8. Posting of Transfers – Transfers initiated through the System before 4:00 p.m. (EST) on a business day are posted to your account the same day. Transfers completed after 4:00 p.m. (EST) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day.
9. Overdrafts (Order of Payments, Transfers, and other Withdrawals) – If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:
A.Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
B.Electronic fund transfers initiated through HCB Online which would result in an overdraft of your account may, at our discretion, be canceled:
C.In the event the electronic fund transfers initiated through HCB Online which would result in an overdraft of your account are not cancelled, the overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
10. Stop-Payment Requests – HCB ONLINE allows you to place a stop payment order request or determine the paid status of a check. Any stop payment placed on the HCB ONLINE system shall automatically expire six (6) months from date of the placement of the stop payment order by you.
A.You agree to indemnify HANOVER COMMUNITY BANK against any loss for the amount of said check and all expenses, costs and consequential damages, if any, incurred by HANOVER COMMUNITY BANK because of refusing payment pursuant to your stop payment order. You agree not to hold HANOVER COMMUNITY BANK liable on account of payment contrary to your stop payment order if same occurs through inadvertence, accident or oversight, or if by reason of such payment other items drawn by the undersigned are returned insufficient. It is understood by you, that the use of a valid access ID and password will be accepted as authorization to the bank in writing to place the stop payment and to assess the prevailing stop payment fee as listed in the Bank's "Schedule of Service Fees" that was furnished to you at the time you opened your account(s) with us.
B.Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment which has been paid electronically. You may be able to stop a HCB ONLINE bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will immediately process your stop-payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the ID number from the Bill Payment View Posting Screen.
C.You may initiate stop-payment requests online via HCB ONLINE only for paper checks you have written (non-electronically) on your HANOVER COMMUNITY BANK accounts (not SYSTEM bill payer paper drafts.) Online stop-payment requests are processed on the business day following the date the stop payment has been requested online. To be effective, this type of stop-payment request must precisely identify the account number, name of the payee, the check number, the amount, the date of the check, and the reason for stop payment. HANOVER COMMUNITY BANK shall have no responsibility to determine the accuracy of such information. HANOVER COMMUNITY BANK shall provide you notice of the actual stop payment of a check by making such information accessible to you online via the HCB ONLINE system.
D.PREAUTHORIZED ELECTRONIC FUND TRANSFERS – Right to Stop Payment and procedures for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how: Call us at (516) 248-4868, or write us at 2131 Jericho Tpke, Garden City Park, NY 11040, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. We will charge you $15.00 for each stop payment order you give.
◦Notice of varying amounts: If these regular payments may vary in amounts, the person you are going to pay will tell you, ten (10) days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
◦Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
11. Confidentiality– We will disclose information to third parties about your account or the transfers you make: • Where it is necessary for completing transfers; • In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or • In order to comply with government agency or court orders, or • If you give us your written permission.
12. Periodic Statements - You will not receive a separate HCB ONLINE statement. Transfers to and from your accounts using HCB ONLINE will appear on the respective periodic paper statements for your Bank accounts.
13. Change in Terms - We may change any terms of this Agreement at any time. If the change would result in increased fees for any HCB ONLINE 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 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the HANOVER COMMUNITY BANK web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject HCB ONLINE services indicates your acceptance of the change in terms. 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.
14. In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments - Telephone us at (516)248-4868 or write us at 2131 Jericho Tpke, Garden City Park, NY 11040 as soon as you can, if you think your periodic statement is wrong, or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. When you contact us:
A.Tell us your name and account number (if any).
B.Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.
C.Tell us the dollar amount of the suspected error.
D.If the suspected error relates to a bill payment made via the HCB ONLINE Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. (This information appears on the Bill Payment View Posting Screen.)
If you contact us orally or by e-mail, we may require that you send us your complaint or question in written form by postal mail or fax within ten (10) business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will 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, we may not credit your account.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
15. Our Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance::
A.If, through no fault of ours, you do not have enough money in your account to make a transfer.
B.If a legal order directs us to prohibit withdrawals from the account.
C.If your account is closed, or if it has been frozen.
D.If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
E.If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
F.If any electronic terminal, telecommunication device, or any part of the HCB ONLINE electronic fund transfer system is not working properly and you knew about the problem when you started the transfer.
G.If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
H.If you have not properly followed the on-screen instructions for using HCB ONLINE.
I.If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
16. Your Liability for Unauthorized Transfers - CONTACT US AT ONCE if you believe your password 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 #25 below). An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). 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 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 60 days after the paper statement was 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. If a good reason (such as a long trip or hospital stay) kept you from contacting us, we may extend the time periods.
17. Disclaimer of Warranty and Limitation of Liability - We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the HCB ONLINE services provided to you under this Agreement. We do not and cannot warrant that HCB ONLINE will operate without errors, or that any or all HCB ONLINE services 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 services or products provided under this Agreement or by reason of your use of or access to HCB ONLINE, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of HANOVER COMMUNITY BANK and its affiliates exceed the amounts paid by you for the services provided to you through HCB ONLINE.
18. Your Right to Terminate - You may cancel your HCB ONLINE service at any time by providing us with written notice by postal mail or fax. Your access to HCB ONLINE will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
19. Inactivity; Termination - You agree that we can terminate or limit your access to HCB ONLINE services for any of the following reasons:
A.Without prior notice, if you have insufficient funds in any one of your Bank accounts. HCB ONLINE service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
B.Upon reasonable notice, for any other reason in our sole discretion.
C.If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the service or have any transaction scheduled through the Service during any consecutive 90 day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.
20. Communications Between HANOVER COMMUNITY BANK and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
A.E-mail -You can contact us by e-mail at firstname.lastname@example.org (Please note that banking transactions through HCB ONLINE are not made via e-mail.)
B.Telephone - You can contact us by telephone at (516) 248-4868
C.Facsimile - You can contact us by fax at (516) 248-4842
D.Postal Mail - You can write to us at: HANOVER COMMUNITY BANK 2131 JERICHO TPKE. GARDEN CITY PARK, NY 11040
E.In Person - You may visit us in person at the above address.
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 fund transfer disclosures, may be made electronically by posting the notice on the HCB ONLINE system web site, the HANOVER COMMUNITY BANK web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.
22. By using HANOVER COMMUNITY BANK HCB ONLINE you assert that you have read and agree to all the terms and conditions set forth in the above HCB ONLINE Agreement.