Internet Banking Services Agreement and Disclosure
[After you read this Agreement, and agree to its terms and conditions, you must scroll down and click the "I Agree" button at the bottom to continue.]
AGREEMENT
Please read this Agreement carefully. It includes your rights and obligations as a user of our Internet Banking service. It also describes the rights and obligations of Towne
Bank of Arizona. By pressing the "I Agree" button below, you agree to comply with the terms and conditions of this Agreement. You also acknowledge by using the Internet Banking
service that you have downloaded, printed, or otherwise received a copy of these terms and conditions and that you understand them.
The terms and conditions of the deposit agreements and disclosures for each of your Towne Bank of Arizona accounts as well as your other agreements with Towne Bank of Arizona,
such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.
DEFINITIONS
As used in this Agreement, the words:
"We", "our," "us," means Towne Bank of Arizona
"You" and "Your" refer to the account holder(s) and anyone else with the authority to exercise control over the funds in the account.
"Account" or "Accounts" means any Towne Bank of Arizona account from which you are authorized to access using our Internet Banking service.
"Internet Banking" is the Internet based service providing access to your accounts.
"Internet Banking Service" is the Internet-based service providing access to your account(s).
"Services" are the services available to you through the Internet Banking Service.
"Internet Account" means any Towne Bank of Arizona account from which you will conduct transactions using the Internet Banking Service.
"Password" is the code you create the first time you "log in" that establishes your identity rights for connection to the Service.
"Time of day" references are to Mountain Standard Time.
“MST” references mean Mountain Standard Time.
"Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your Towne Bank of Arizona accounts using "Internet Banking"
"Business days" means Monday through Friday. Holidays are not included.
“Regular business hours” means: 9:00AM to 4:00PM – Monday through Thursday; 9:00AM to 5:00PM – Friday.
PASSWORDS
For security purposes you are required to change your password and your Access ID code the first time you access Internet Banking. 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. We recommend that you create a password that utilizes both upper
and lower case alpha and numeric characters for purposes of security. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly.
To guard against unauthorized use of your Access ID and Password, Internet Banking disables the Access ID and/or Password upon three unsuccessful attempts. This will also occur if you incorrectly key
your Access ID and/or Password three (3) times. To re-establish your Access ID and/or Password you must contact us to have your password reset. You can reach us by calling (480) 346-7550.
If you believe that your password has been lost or stolen or if your password has been discovered by another person, or that someone has transferred or may transfer money from your account without your
permission, you should immediately call and/or write us at the telephone number and/or address stated in the Errors and Questions section.
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. You agree to assume responsibility for all transactions up to the limits allowed by applicable law. Each signer on your Towne Bank of Arizona account(s) will have access to that account and have to choose their own Access ID and Password.
ACCESS
You can use Internet Banking seven days a week, twenty-four hours a day, except during special maintenance periods. We will attempt to limit downtime and system maintenance to those hours of operation least impacted by customer usage, when such options are available. We undertake no obligation to monitor transactions through Internet Banking to determine that they are made by you.
Towne Bank of Arizona will provide on line instructions describing how to use the Internet Banking on the initial sign on screen. You may gain access to Internet Banking through the use of your internet-enabled device, your internet service provider, your Access ID and Password from our web-site: townebankaz.com.
If you do not access your Internet Banking account(s) during any consecutive (30) thirty-day period your password will convert to an inactive status. If your password becomes inactive, you must contact us to have the password re-activated before you will be able to access Internet Banking or schedule any transactions.
This agreement will remain in effect until you or Towne Bank of Arizona terminate it.
You understand that you may cancel this Agreement at any time by notifying Towne Bank of Arizona electronically, or by mail at 3156 East Baseline Road, Mesa, AZ 85204. This will cancel your Internet Banking agreement but will not terminate your accounts with Towne Bank of Arizona.
Towne Bank of Arizona reserves the right to terminate this Agreement and your access to Internet Banking, in whole or in part, at any time.
SECURITY
You understand the importance of your role in preventing misuse of your accounts through Internet Banking and you agree to promptly examine your statement for each of your Towne Bank of Arizona accounts as soon as you receive it.
You agree to protect the confidentiality of your account, 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.
Your password and Access ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via Internet Banking is encrypted in an effort to provide transmission security and Towne Bank of Arizona utilizes identification technology to verify that the sender and receiver of Internet Banking transmissions can be appropriately identified by each other.
Notwithstanding our efforts to insure that the Internet Banking Service is secure, you acknowledge that the Internet is inherently insecure. You further acknowledge that all data transfers, including those by electronic mail, occur openly on the Internet and can potentially be monitored and read by others. Accordingly, we cannot and do not make any warranties (expressed or implied) that data transfers utilizing Towne Bank of Arizona Internet Banking or e-mail transmitted to and from us, will not be monitored or read by others.
Neither Towne Bank of Arizona nor other information providers are responsible for any computer virus or related problems, which may be attributable to services provided by your Internet access provider.
You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Internet Banking. Towne Bank of Arizona will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
Except as otherwise provided in this agreement, and in the absence of negligence on the part of Towne Bank of Arizona, neither Towne Bank of Arizona, any other information provider, nor any other software supplier is responsible for any direct, indirect, special, incidental, or consequential damages arising in any way out of the use of our Internet Banking.
TRANSFERS
Transfers initiated through Internet Banking before 5:00 p.m. (MST) on a business day are posted to your account the same day. Transfers completed after 5:00 p.m. (MST) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. Towne Bank of Arizona identifies transfers based upon the login ID of the user who made the electronic transfer. You agree to communicate with any other persons, with authorized access to your accounts, concerning any transfers from your account in order to avoid overdrafts.
Preauthorized withdrawals are transfers made according to a specific agreement between a customer and us or another party. (Examples of preauthorized withdrawals are regular electronic payments scheduled with a third party, such as health clubs, insurance companies, etc.)
Funds may be transferred between your linked checking, savings, credit line and money market accounts, from accounts with the same signers and same vesting only. Any transfer between your accounts is believed to be in good faith by an authorized person.
If your account has insufficient funds to perform any electronic fund transfers (EFT) you have requested for a given business day, then:
Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
Electronic fund transfers initiated through Internet Banking, which would result in an overdraft of your account, may at our discretion, be cancelled;
In the event the fund transfers initiated through Internet Banking, which would result in an overdraft of your account, are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
TRANSFER LIMITATIONS
The following limitations apply:
Savings Account - Transfers from a Regular Savings account to another account or to third parties by pre-authorized, automatic, or telephone transfer are limited to six transactions per monthly statement cycle.
Money Market Account - Transfers from a Money Market account to another account or to third parties by pre-authorized, automatic, or telephone transfer are limited to six transactions per monthly statement cycle with no more than three by check, draft, or similar order to third parties.
The number of transfers from Towne Bank of Arizona accounts and the amounts, which may be transferred, are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
OUR LIABILITY FOR FAILURE TO MAKE A TRANSFER
Towne Bank of Arizona agrees to make reasonable efforts to ensure full performance of our Internet Banking. We will be responsible for acting only on those instructions sent through our Internet Banking, which are actually received, and cannot assume responsibility for malfunctions in communication facilities not under our control, which may affect the accuracy or timeliness of messages you send.
Any information you receive from Towne Bank of Arizona or other information providers is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. Towne Bank of Arizona is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.
If we fail or delay in making a transfer pursuant to your instructions, or if we make a payment or transfer in erroneous amount which is less that the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest, if applicable, on the amount which we failed to transfer, calculated from the date on which the transfer was to be received until the date it was actually made or you cancelled the instructions.
If we make a payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously transferred, plus interest, if applicable, thereon from the date of the transfer to the date of the refund, but in no event to exceed 60 days interest.
TOWNE BANK OF ARIZONA'S RESPONSIBILITY
Towne Bank of Arizona will be responsible for your actual losses if they were directly caused by our failure to:
Complete an Electronic Funds Transfer as properly requested.
Cancel an Electronic Funds Transfer as properly requested.
However, there are some exceptions. We will NOT be liable, for instance:
If, through no fault of ours, you do not have enough money in your account to make a transfer or if the transfer would cause your balance to go over the credit limit set up to cover overdrafts.
If there is a hold on your account, or if access to your account is blocked in accordance with banking policy.
If your account is closed or if a legal order or other encumbrance restricts withdrawals from the account.
We have received incomplete or inaccurate information from you or a third party involving the account or transfer.
If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
If we believe that unauthorized use of your Password or Account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement, or any other agreement with us, or if we or you terminate this Agreement.
If you have not properly followed the on-screen instructions for using Internet Banking.
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.
There may be other exceptions stated in this agreement and in other agreements with you. Further, you agree that in no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, nor will we be liable for any incidental or consequential damages.
In any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transaction that may not have been completed, or to correct transactions that have been processed erroneously.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
CONTACT US AT ONCE if you believe your password and/or Access ID (including ATM/POS card or PIN), has been lost, stolen, or used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your account(s) without your permission. 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 you 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 statement shows any Electronic Funds Transfer (EFT) that you did not make or authorize, contact us at once. Failure to notify the Bank within 60 days after the statement was mailed to you may result in zero compensation for any losses you may sustain if Towne Bank of Arizona can prove that we could have prevented someone from accessing your account(s). If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the time periods.
Canceling Preauthorized Payments
If you have preauthorized payments from your account(s) you may stop these withdrawals by notifying us verbally during regular business hours at (480) 346-7550 or by writing us at 3156 E. Baseline Road, Mesa, AZ 85204 at least three business days or more before the scheduled date of the transaction. If you make a verbal request, we may require you to notify us in writing within (14) fourteen days of the verbal notification.
STATEMENTS
You will continue to receive your regular account statements. You must examine your statement with "reasonable promptness". If your statement shows transfers that you did not make, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself.
You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 60 days from when the statement is first sent or made available to you.
You further agree that if you fail to report any unauthorized transactions or any other errors in your account within 60 days of when we first send or make the statement available, you can not assert a claim against us on any items in that statement, and as between you and Towne Bank of Arizona the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care.
OFFICE OF FOREIGN ASSET CONTROL
Under the Bank Secrecy Act, the Bank is prohibited from transacting business with persons or entities listed as "blocked" by the Office of Foreign Assets Control (OFAC). The official listing is published in the Federal Register and updated from time to time. You agree not to transact business with persons of entities blocked by OFAC. You may obtain further information and access OFAC’s listing of “blocked” persons and entities through their Internet website:
http://www.treas.gov/ofac/
ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS (Consumer/Personal Accounts Only)
In case of errors or questions regarding an Internet Banking transaction, call Towne Bank of Arizona at (480) 346-7550 or write us at:
Attention: Operations Administration
3156 E. Baseline Road
Mesa, AZ 85204
Contact us as soon as you can, if you think your statement is wrong, or if you need more information about a transfer listed on your statement.
We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared.
WE WILL REQUIRE:
Your name and account number;
A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or why you need more information;
The dollar amount of the suspected error;
The date on which it occurred
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 more time is needed, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If this occurs, we will provisionally 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. This will allow you to use the money during the time it takes us to complete our investigation.
If the report is made orally, we may require that you send the complaint or question in writing within 10 business days. If your complaint or question is requested in writing but not received in writing within 10 business days, we may not credit your account until the investigation is completed. Your account is considered a new account for the first 30 days after the first deposit is made, unless you already have an established account with us.
If we determine that no error occurred, we will send you a written explanation within 3 business days after we finish the investigation, and debit the provisional credit in accordance with law. You may request copies of the documents that were used in the investigation.
