DOLLAR BANK ONLINE AND MOBILE BANKING TERMS AND CONDITIONS
Last updated January 22, 2020
PART ONE - GENERAL TERMS
1. Definitions. The following terms used in this Agreement are defined below.
"Account” or “account" means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable, or other deposit account.
"ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
"Affiliates" are companies related by common ownership or control.
"Business Day" means every day except Saturdays and Sundays and federal holidays.
“Consumer” or “consumer” means a natural person.
“Dollar Bank” or the “Bank” refers to Dollar Bank, Federal Savings Bank.
“Electronic Funds Transfer” means any transfer of funds that is initiated via Online Services that instructs Dollar Bank to debit or credit a Consumer's account and that is included within the definition of an electronic funds transfer in the Electronic Funds Transfer Act and Regulation E (12 CFR 1005).
“Eligible Transaction Account" is an account you maintain at Dollar Bank from which your payments will be debited, your service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for Online Services.
"External Account" is your account at another financial institution from which you may use Online Services to transfer funds from your Eligible Transaction Account, or from which you are transferring funds to your Eligible Transaction Account.
“General Terms” means this Part One.
"Loan Account" means any credit or loan account such as home equity loan or home equity line of credit you maintain with us.
"Mobile Banking" means Dollar Bank’s mobile banking platform that allows you to perform Online Services through a mobile device.
“New Account” means an account is considered to be a new account during the first thirty (30) calendar days after the account is established. An account is not considered a new account if each account owner on the account has had, within thirty (30) calendar days before the account is established, another account at Dollar Bank for at least thirty (30) calendar days.
"Online Banking" means Dollar Bank’s online banking platform that allows you to perform Online Services electronically through an internet connection.
“Online Service” (collectively “Online Services”) means a service available via Online Banking and/or Mobile Banking.
"Password" means the confidential password or other confidential code selected by you or assigned to you by Dollar Bank for identification purposes in connection with your use of Online Services.
"Payment Instruction" is the information provided by you for a payment to be made under applicable Online Services, which may be further defined and described below in connection with a specific service.
"Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
“Savings Account” refers to Dollar Bank savings or money market accounts from which certain types of third-party transfers may be made including transfers via Online Services.
"Service Provider" means companies that we have engaged (and their Affiliates) to render some or all the Online Services to you on our behalf.
“Transaction(s)” or “transaction(s)” refers to all transfers, payments, deposits, withdrawals or other activity on your account performed through Online Services.
"Transfer Instruction" is a specific Payment Instruction that you provide under applicable Online Services for a transfer of funds.
"User ID" means the code selected by you or assigned by Dollar Bank to you for identification purposes in connection with your use of Online Services.
"You," "your" and "yours" refer to each natural person who access Dollar Bank’s online or mobile banking platforms and may use Online Services.
This Agreement also contains important information regarding what you should do if you believe that an unauthorized person has gained access to your accounts or an error has otherwise occurred. Please keep this Agreement for future reference.
2. Service Providers. We are offering you the Online Services through one or more Service Providers that we have engaged to render some or all the Online Services to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Online Services to you, we are the sole party liable to you for any payments or transfers conducted using the Online Services and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Online Services. You agree that we have the right under this Agreement to delegate to Service Providers all the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
3. Amendments. We may amend this Agreement and any applicable fees and charges for Online Services at any time by posting a revised version on our Online and Mobile Banking platforms. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. You agree that when you, or anyone you authorize, accesses Dollar Bank’s Online or Mobile Banking platforms or uses Online Services, such access or use shall constitute your agreement to such amendments and the revised version of this Agreement. We agree that you may contact us at 1-800-242-2265 to obtain a written copy of the then-current version of this Agreement.
Further, we may, from time to time, revise, update, upgrade or enhance any Online Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of any Online Service, and/or related applications and material, and limit access to only the more recent revisions, updates, upgrades or enhancements.
4. Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for Online Services. We do not have control of, or liability for, any products or services that are paid for with Online Services. We also do not guarantee the identity of any user of Online Services (including but not limited to recipients to whom you send payments).
5. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. You agree that we may assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
6. Notices to Us Regarding the Service. Except as otherwise stated below, notice to us concerning our Online and Mobile Banking platforms or the Online Services must be sent by postal mail to:
Dollar Bank, Federal Savings Bank
340 Fourth Ave Pittsburgh, PA 15222
We may also be reached at 1-800-242-2265 for questions and other purposes concerning the Online Services. We will act on your telephone calls as described below in PART TWO REG. E DISCLOSURE FOR ONLINE SERVICES but otherwise, such telephone calls will not constitute legal notices under this Agreement.
7. Notices to You. You agree that we may provide notice to you by posting it on our Online and Mobile Banking platforms, sending you an in-product message within our Online and Mobile Banking platforms, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your customer profile. For example, users of the Online Services may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 6 of the General Terms above. We reserve the right to charge you a reasonable fee not to exceed twenty dollars ($20.00) to respond to each such request. We reserve the right to terminate your use of Online Services if you withdraw your consent to receive electronic communications.
8. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"), and/or emails from us for our everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our Affiliates and agents.
9. Receipts and Transaction History. You may view your transaction history by logging into our Online or Mobile Banking platforms and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
11. Privacy of Others. If you receive information about another person through our Online or Mobile Banking platforms or Online Services, you agree to keep the information confidential.
12. Eligibility. The Online Services are offered only to consumer customers of Dollar Bank who can form legally binding contracts under applicable law. Without limiting the foregoing, the Online Services are not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-owner or guarantor. By using Online Services, you represent that you meet these requirements and that you agree to be bound by this Agreement.
13. Prohibited Payments. The following types of payments are prohibited through Online Services, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:
a. Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
b. Payments that violate any law, statute, ordinance or regulation; and
c. Payments that violate the Acceptable Use terms in Section 14 of the General Terms below; and
d. Payments related to: (1) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (2) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (3) goods or services that defame, abuse, harass or threaten others; (4) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; or (5) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and
e. Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
f. Payments relating to transactions that (1) support pyramid or trojan schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services; and
g. Tax payments and court ordered payments.
Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your violation of this Section. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.
14. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of Online Services, regardless of the purpose of the use, and for all communications you send through Online Services. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using Online Services for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; I infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy any Online Service or our Online or Mobile Banking platforms without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting our Online or Mobile Banking platforms or any Online Service, or interfere or attempt to interfere, with our Online or Mobile Banking platforms or any Online Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.
15. Payment Methods and Amounts. There are limits on the amount of money you can send or receive through our Online Services. Your limits may be adjusted from time-to-time in our sole discretion. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf though Online Services and, in the event that your Eligible Transaction Account is closed or otherwise unavailable to us, the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or draft drawn against your account.
16. Conflicting Terms. To the extent that you have a separate agreement with us in connection with your deposit account (e.g., a Deposit Account Agreement), your Loan Account (e.g., a Note) or in connection with other banking activities, such separate agreement shall control for all purposes with respect to such deposit account, loan account or other such banking activities except for your access to the Online and Mobile Banking platforms and use of the Online Services. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel) with respect to the Online Services or Online and Mobile Banking platforms, the terms of this Agreement will prevail.
17. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
18. Failed or Returned Payment Instructions. In using certain Online Services, you are requesting that we or our Service Provider attempt to make payments for you from your Eligible Transaction Account. If the Payment Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:
a. You will reimburse our Service Provider immediately upon demand the amount of the Payment Instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;
b. You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Payment Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any non-sufficient funds (“NSF”) charges that may be assessed by us, as set forth in your fee schedule from us or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit;
c. Service Provider is authorized to report the facts concerning the return to any credit reporting agency.
19. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Changes may be able to be made within the user interface within our Online and Mobile Banking platforms or by contacting us as set forth in Section 6 of the General Terms above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.
20. Information Authorization. Your enrollment in Online Services may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of each Online Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access Online Services, to authenticate you when you log in, to send you information about Online Services, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve our Online or Mobile Banking platforms and the Online Services and the content and layout of the Online or Mobile Banking platforms. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we and our Service Providers may use, store and disclose such information acquired in connection with Online Services in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Service. The following provisions in this Section apply to certain Online Services:
a. Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
b. Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third-party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.
21. Service Termination, Cancellation, or Suspension. If you wish to cancel Online Services, you may contact us as set forth in Section 6 of the General Terms above. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your access to our Online or Mobile Banking platforms or your use of Online Services or any specific Online Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.
22. Intellectual Property. All marks and logos related to our Online or Mobile Banking platforms and Online Services are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us, our Online or Mobile Banking platforms or the Online Services or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to our Online or Mobile Banking platforms, each Online Service, the technology related to the Online or Mobile Banking platforms and each Online Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding our Online and Mobile Banking platforms or any Online Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
23. Links and Frames. Links to other sites may be provided on our Online and Mobile Banking platforms or through Online Services for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of any linked sites. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to our Online and Mobile Banking platforms. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off of our Online and Mobile Banking platforms. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on our Online and Mobile Banking platforms may send cookies to users that we do not control. You may link to the home page of our Online and Mobile Banking platforms. However, you may not link to other pages of our Online and Mobile Banking platforms without our express written permission. You also may not "frame" material on our Online and Mobile Banking platforms without our express written permission. We reserve the right to disable links from any third-party sites to our Online and Mobile Banking platforms.
24. Password and Security. If you are issued or create any password or other credentials to access Online Services or our Online and Mobile Banking platforms, you agree not to give or make available your password or credentials to any unauthorized individuals and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the our Online and Mobile Banking platforms or an Online Service without your consent, you must inform us at once at the telephone number provided in PART TWO REG. E DISCLOSURE FOR ONLINE SERVICES which also discusses how the timeliness of your notice impacts your liability for unauthorized transfers.
25. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of our Online and Mobile Banking platforms or the Online Services; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to our Online and Mobile Banking platforms and/or use of Online Services for any reason or no reason and at any time. The remedies contained in this Section 25 of the General Terms are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
26. Law and Forum for Disputes. The laws of the Commonwealth of Pennsylvania and the United States of America, without regard to principles of conflict of laws, govern this Agreement. You agree to only file any legal action related to the use of our Online and Mobile Banking platforms and/or any Online Service and/or this Agreement either in the Court of Common Pleas of Allegheny County, Pennsylvania, or the United States District Court for the Western District of Pennsylvania and in no other venue. You consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.
27. Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from and against any and all loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of our Online and Mobile Banking platforms or any Online Service.
28. Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of our Online and Mobile Banking platforms or any Online Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
29. No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
30. Exclusions of Warranties. OUR ONLINE AND MOBILE BANKING PLATFORMS AND EACH ONLINE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR ONLINE AND MOBILE BANKING PLATFORMS OR ANY ONLINE SERVICE, AND OPERATION OF OUR ONLINE AND MOBILE BANKING PLATFORMS MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, IF SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
31. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, ACCESS TO OUR ONLINE AND MOBILE BANKING PLATFORMS OR TO AN ONLINE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF AN ONLINE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THEIR AFFILIATES OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM CAUSED BY, ARISING OUT OF OR RELATED TO ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THEIR AFFILIATES OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) CAUSED BY, ARISING OUT OF OR RELATED TO THE INSTALLATION, USE, OR MAINTENANCE OF OUR ONLINE AND MOBILE BANKING PLATFORMS OR ANY ONLINE SERVICE, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THEIR AFFILIATES OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM CAUSED BY, ARISING OUT OF OR RELATED TO ANY ONLINE SERVICE OR OUR ONLINE AND MOBILE BANKING PLATFORMS THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT PROCEEDING AS DESCRIBED IN SECTION 26 OF THIS PART ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THEIR AFFILIATES AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE PRECEEDING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THEIR AFFILIATES AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE EACH AND EVERY ONLINE SERVICE AND OUR ONLINE AND MOBILE BANKING PLATFORMS THROUGH WHICH ONLINE SERVICES ARE OFFERED.
32. Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the complete and exclusive statement of the agreement between us, and sets forth the entire understanding between us and you, in each case with respect to the Online Services, our Online and Mobile Banking platforms through which the Online Services are offered, and supersedes any proposal or prior agreement, oral or written, and any other communications between us in connection therewith. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 2, 5-7, 11, 17, 18, 22, and 25-32 of the General Terms, as well as any other terms which by their nature should survive, will survive the termination of this Agreement.
PART TWO - REG. E DISCLOSURE FOR ONLINE SERVICES
There are some things you should know about our responsibilities to you as a customer, as well as your own rights and responsibilities under the Electronic Funds Transfer Act (15 U.S.C. 1693 et seq.). Please take a moment to read the following information which applies to Online Services. We suggest you keep this information on hand for future reference.
1. LIABILITY FOR UNAUTHORIZED TRANSACTIONS
Tell us AT ONCE if you believe your User ID or Password or other means of access to your account has been lost, stolen, or has been used (or may be used) without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account plus any available overdraft line of credit amount. If you notify us within two (2) Business Days after you learn of the loss or theft of your User ID, Password or other means to access to your account you can lose no more than $50 if someone used your User ID or Password or other means to access to your account without your permission.
If you do NOT notify us within two (2) Business Days after you learn of the loss or theft of your User ID or Password or other means to access to your account, and we can prove we could have prevented the unauthorized use of your User ID, Password or other means to access your account if you had notified us, you could lose as much as $500.
Also, if your statement shows transactions that you did not make, including those made by User ID, Password or other means to access to your account, tell us at once. If you do not tell us within sixty (60) days after the statement containing the unauthorized activity was sent to you, you may not get back any money 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 a hospital stay) kept you from telling us, we will extend the time periods.
2. TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT OF UNAUTHORIZED TRANSACTIONS
If you believe your User ID, Password or other means to access to your account has been lost or stolen, call us immediately at 1-800-242-2265, or write to us at: Dollar Bank, Account Services, P.O. Box 765, Pittsburgh, PA 15230.
You should also call the number or write to the address listed above if you believe a transaction has been made using your account without your permission.
3. TYPES OF AVAILABLE TRANSACTIONS AND LIMITATIONS ON TRANSACTIONS USE OF ONLINE SERVICES
TYPES OF TRANSACTIONS
You may use your User ID and Password to obtain Online Services to perform the following functions:
- Transfer funds between your accounts
- Send money to another account of yours at another financial institution
- Pay bills directly from your deposit accounts in the amounts and on the days you request
- Send Person-to-Person payments.
- Deposit checks to your deposit accounts from a mobile device.
Account balances received through Online Services may not reflect recent transactions and the full balance indicated may not be available for withdrawal. In order to determine whether you have sufficient available funds in an account to perform a transaction, you should review your account records.
The following transaction limitations apply to Online Services:
Transactions may not be processed if you do not have sufficient available funds in the account(s).
For security reasons, we limit the number and/or amount of transactions you may make using Online Services, including Person-to-Person payments and we may implement limits on amounts that may be transferred to individual third parties over a specific period of time.
In addition, certain accounts have transaction limitations, which are applicable to transfers and payments made via Online Services. These limitations apply to: (1) transfers and payments from accounts to other accounts; (2) recurring and automatic transfers and payments from accounts to third parties; and (3) payments from accounts by check, draft or similar order (including debit card) payable to, cashed or received by anyone other than you or us (“Third Party Checks”). These three types of transactions are called Limited Transfers. No more than six (6) Limited Transfers may be made from a savings account in any calendar month.
We reserve the right not to pay any Limited Transfer which exceeds the transaction limitations described above. If transaction limitations on an account are repeatedly violated, we also reserve the right to close the account, or convert the account to another account type that does not have these restrictions, and we may impose minimum balance requirements and monthly service charges as set forth in the most current Account Information Schedule for the account. Alternatively, we may remove the transfer and draft capabilities from the account. If the account is converted, the terms and conditions applicable to the new account shall govern the account and you shall thereafter pay the fees imposed on the new account. You agree to be bound by these limitations whenever you use our Online Services. 4.
CHARGES FOR TRANSACTIONS
Service Charges. There is currently no fee charged by us for using Online Services. Charges for account services are described in the most current Account Information Schedule for each account.
We reserve the right to charge for any or all services upon giving the notice required by law. When new fees are instituted, or existing fees increased, we will notify you by mail at least thirty (30) days prior to those changes being effective.
We will disclose information to third parties about your account or the transactions you make and you authorize those third parties to disclose similar information to us:
- Where it is necessary for completing transactions.
- In order to verify the existence and condition of your account for certain types of third parties, such as a credit bureau, merchant or financial institution.
- In order to comply with government agency or court orders or where it is otherwise required by federal, state or local law or regulation to do so.
- In the investigation or prosecution of alleged fraudulent activity concerning your account.
- If you give us your written permission.
6. RIGHT TO RECEIVE DOCUMENTATION OF TRANSACTIONS
You will get a monthly statement unless there were no electronic funds transfers in a particular month. In any case, you will get a statement at least quarterly on any account to or from which electronic funds transfers can be made.
7. RIGHT TO STOP PREAUTHORIZED TRANSFERS 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 1-800-242-2265, or write us at Account Services, Dollar Bank, P.O. Box 765 Pittsburgh, PA 15230.
Be sure that we receive your stop payment request three (3) Business Days or more before the payment is scheduled to be made. If you call, we will require you to put your request in writing and get it to us within fourteen (14) days after your call. A Stop Payment Fee may be charged to your account for each stop payment order we receive.
8. NOTICE OF VARYING AMOUNTS
If these regular payments may vary in amount, 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 payment would fall outside certain limits that you set.
9. LIABILITY FOR FAILURE TO STOP PAYMENT OF PREAUTHORIZED TRANSFERS
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.
10. BANK’S LIABILITY
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. 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 the transfer.
- If the transfer would go over the credit limit on your overdraft line.
- If Online Services were not working properly and you knew about the breakdown when you started the transfer. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
- If any third party through whom bill payment is transmitted fails to properly transmit the payment to the intended payee.
- If you instruct us to make a bill payment that is too late.
- There may be other exceptions stated in our agreement with you.
11. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ONLINE SERVICES TRANSERS
In case of errors or questions about your Online Services transactions, you should notify us as soon as possible by calling us at 1-800-242-2265, or write to us at: Dollar Bank, Account Services, P.O. Box 765 Pittsburgh, PA 15230. If you think your statement is incorrect or you need more information about an Online Services transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the error appears. You must:
- Tell us your name and account number;
- Describe the error or the transaction in question, and explain as clearly as you can why you believe it is an error or why you need more information; and
- Tell us the dollar amount and date of the suspected error.
It will be helpful to us if you also give us a telephone number at which you can be reached in case we need any additional information.
If you tell us orally, we may require that you send us your complaint in writing within ten (10) Business Days after you have notified us. We will determine whether an error occurred within ten (10) Business Days after we hear from you (twenty (20) Business Days for electronic funds transfers on new accounts) and will correct any error promptly. However, if we need more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to investigate your complaint or question following the date you notified us (ninety (90) days for transactions initiated outside the United States, and electronic funds transfers transactions on new accounts). If we decide to do this, we will credit your account within ten (10) Business Days (twenty (20) Business Days for electronic funds transfers on new accounts) 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 within ten (10) Business Days, we may not credit your account.
We will provide you the results within three (3) Business Days after completing our investigation. If we determine that there was no error we will mail you a written explanation. You may ask for copies of documents used in our investigation. We may revoke any credit provided to you if we find an error did not occur.
PART THREE - ACCOUNT TO ACCOUNT TRANSFERS ADDITIONAL TERMS
1. Description of Service, Authorization and Processing.
a. For purposes of this Part, the term “Transfer Money Terms” means these Account to Account Transfers Additional Terms. The Account to Account transfer service (for purposes of these Transfer Money Terms, the "Service," which shall be considered an “Online Service” for purposes of the General Terms) enables you to transfer funds between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand. For purposes of these Transfer Money Terms, the Online or Mobile Banking platform for this Service shall be referred to as the “Site.” You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.
b. When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account as described below in Section 5 of the Transfer Money Terms (Service Fees and Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on your behalf from the External Account designated by you and to debit your applicable Account as described below in Section 5 of the Transfer Money Terms (Service Fees and Additional Charges). You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds.
c. We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of ours, the Eligible Transaction Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
- The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
- The transfer is refused as described in Section 6 of the Transfer Money Terms below;
- You have not provided us with the correct information, including but not limited to the correct Eligible Transaction Account or External Account information; and/or,
- Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.
d. It is your responsibility to ensure the accuracy of any information that you enter into the Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.
2. Transfer Methods and Amounts. Section 15 of the General Terms (Payment Methods and Amounts) applies to the Service, even in circumstances where the External Account is closed and we are attempting to return funds to such Account.
3. Transfer Cancellation Requests and Refused Transfers. You may cancel a transfer at any time until it begins processing (as shown in the Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Account that we debited for the funds transfer. If this is unsuccessful (for example, the Eligible Transaction Account has been closed) we will make reasonable attempts to otherwise return the funds to you.
4. Stop Payment Requests. If you desire to stop any transfer that has already been processed, you must contact customer care for the Service pursuant to Section 6 of the General Terms. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.
5. Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. Use-based fees for the Service will be charged against the Account that is debited for the funds transfer. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Eligible Transaction Account you hold with us or the Account that is debited for the funds transfer, depending on how such charges are described in the user interface for the Service. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 18 of the General Terms (Failed Or Returned Payment Instructions) applies if you do not pay our fees and charges for the Service, including without limitation if we debit the External Account for such fees, as described in this Section, and there are insufficient fees in the External Account; Section 18 of the General Terms should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.
6. Refused Transfers. We reserve the right to refuse any transfer. As required by applicable law, we will notify you promptly if we decide to refuse to transfer funds.
7. Returned Transfers. In using the Service, you understand transfers may be returned for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer and credit your Account from which you attempted to transfer funds. You may receive notification from us.
8. Definition of Eligible Transaction Account. For purposes of this Part, an "Eligible Transaction Account" is as defined in Section 1 of the General Terms, except that it shall be limited to a checking, money market or savings account that you hold with us.
PART FOUR - BILL PAYMENT SERVICE ADDITIONAL TERMS
1. Description of Service. The term "Bill Payment Terms" means these Bill Payment Service Additional Terms. The bill payment service (for purposes of these Bill Payment Terms, the "Service," which shall be considered an “Online Service” for purposes of the General Terms) enables you to receive, view, and pay bills from the Online or Mobile Banking platform (for purposes of these Bill Payment Terms, the “Site”). Additional definitions for these Bill Payment Terms are set forth in Section 14 below. You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account. If you are a joint owner of the Eligible Transaction Account, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to receive, review and pay bills with funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners.
2. Payment Scheduling. Transactions begin processing on your Scheduled Payment Date and will arrive approximately four (4) Business Days after the Scheduled Payment Date. When scheduling payments you must select a Scheduled Payment Date that is no later than five (5) Business Days before the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.
3. The Service Guarantee. Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges should a payment post after its Due Date as long as the payment was scheduled in accordance with the Section 2 of the Bill Payment Terms (Payment Scheduling). This Service Guarantee does not apply if the late payment related charges were caused by an action or omission by the Biller such as a processing error or a change in payment processing or other events beyond our reasonable control.
4. Payment Authorization and Payment Remittance. By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the Site. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.
When the Service receives a Payment Instruction, you authorize the Service to debit your Eligible Transaction Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Eligible Transaction Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.
The Service will attempt to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee (as described in Section 3 of the Bill Payment Terms) shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
A. If, through no fault of the Service, your Eligible Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
B. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
C. You have not provided the Service with the correct Eligible Transaction Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
D. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Eligible Transaction Account or causes funds from your Eligible Transaction Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Eligible Transaction Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
5. Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the portion of the Site through which the Service is offered. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
6. Stop Payment Requests. The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact customer care for the Service in the manner set forth in Section 6 of the General Terms above. Although the Service will attempt to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
7. Exception Payments Requests. Exception Payments may be scheduled through the Service, however Exception Payments are discouraged and must be scheduled at your own risk. Except as required by applicable law, in no event shall the Service be liable for any claims or damages resulting from your scheduling of Exception Payments. The Service Guarantee (as described in Section 3 of the Bill Payment Terms) does not apply to Exception Payments.
8. Bill Delivery and Presentment. The Service includes a feature that electronically presents you with electronic bills from select Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:
A. Presentation of electronic bills. You will receive electronic bills from a Biller only if both: (a) you have designated it in the Service as one of your Billers, and (b) the Biller has arranged with our Service Provider to deliver electronic bills. The Service may then present you with electronic bills from that Biller if either: (1) you affirmatively elect online within the Service to receive electronic bills from the Biller, or (2) the Biller chooses to send you electronic bills on a temporary “trial basis.” In either case, you can elect online within the Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Service does not include an option to prevent ever participating in the automatic trial electronic bill feature. When affirmatively electing to receive electronic bills from a particular Biller, you may be presented with terms from that Biller for your acceptance. We are not a party to such terms.
B. Paper Copies of electronic bills. If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. Check with the individual Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis.
C. Sharing Information with Billers. You authorize us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as your Billers and which we have identified as offering electronic bills for purposes of matching your identity on the Service’s records and the Biller’s records to (a) activate your affirmative request for electronic bills, and/or (b) confirm your eligibility for “trial basis” electronic bills.
D. Information held by the Biller. We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses, that is held by the Biller. Any changes will require you to contact the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. We may, at the request of the Biller, provide to the Biller your email address, service address, or other data specifically requested by the Biller for purposes of the Biller matching your identity against its records or informing you about the Biller’s services and/or bill information.
E. Activation. We will notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
F. Authorization to obtain bill data. You authorize us to obtain bill data from your Billers that you have requested to send you electronic bills, and from your Billers that wish to send you trial electronic bills. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
G. Notification. We will attempt to present all of your electronic bills promptly. In addition to notification within the Service, we may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
H. Cancellation of electronic bill notification. The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. We will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
I. Non-Delivery of electronic bill(s). You agree to hold us harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
J. Accuracy and dispute of electronic bill. We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be directly addressed and resolved with the Biller by you.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
A. Where it is necessary for completing transactions;
B. Where it is necessary for activating additional services;
C. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
D. To a consumer reporting agency for research purposes only;
E. In order to comply with a governmental agency or court orders; or,
F. If you give us your written permission.
10. Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. Use-based fees for the Service will be charged against the Billing Account. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 18 of the General Terms (Failed Or Returned Payment Instructions) applies if you do not pay our fees and charges for the Service, including without limitation if we debit the Billing Account for such fees, as described in this Section, and there are insufficient fees in the Billing Account.
11. Biller Limitation. The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. As required by applicable law, the Service will notify you promptly if it decides to refuse to pay a Biller designated by you. as set forth in Section 13 of the General Terms (Prohibited Payments) or an Exception Payment under this Agreement.
12. Returned Payments. In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your Eligible Transaction Account. You may receive notification from the Service.
13. Information Authorization. In addition to Section 20 of the General Terms (Information Authorization), you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).
14. Definitions. For purposes of this Part, the following definitions will apply.
"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
"Billing Account" is the checking account from which all Service fees will be automatically debited.
"Due Date" is the date reflected on your Biller statement for which the payment is due, not the late payment date or the date beginning or a date during any grace period.
"Eligible Transaction Account" is as defined in Section 1 of the General Terms, except that it shall be limited to an account that you hold with us, and from which bill payments will be debited.
"Exception Payments" means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).
"Payment Instruction" is as defined in Section 1 of the General Terms and is further defined as the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
"Scheduled Payment Date" is the day you want your Biller to receive your bill payment, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
PART FIVE - MOBILE BANKING ADDITIONAL TERMS
For purposes of this Part, the term “Mobile Banking Terms” means these Mobile Banking Additional Terms, and the term “Funds Availability Policy” means our then-current Funds Availability Policy pursuant to Regulation CC (12 CFR 1029). For purposes of the General Terms, Mobile Banking shall be considered an “Online Service.” Mobile Banking enables you to access via a mobile phone or similar device many of the same Online Services and functions and features available via Online Banking. To access Mobile Banking, you must download the Dollar Bank Mobile Application on a compatible mobile phone or similar device. You acknowledge that Mobile Banking may not be compatible with all mobile phones, phone cameras, wireless services or other equipment and that the compatibility of Mobile Banking with such mobile phones, phone cameras, wireless services and other equipment is subject to change over time without notice.
Currently there is no fee to use Mobile Banking.
Mobile Banking allows you to deposit checks and other items into your deposit accounts using a mobile phone or other similar device. You acknowledge that not all checks and other items are eligible to be deposited using Mobile Banking and that we may not accept any check or other item for deposit using Mobile Banking at our sole discretion. You further acknowledge and agree that, at our sole discretion, we may impose limits on the number and dollar amount of deposits that can be made using Mobile Banking over periods of time and can modify any such limit without notice.
You agree that you will not use Mobile Banking to deposit any of the following:
A. Checks or other items that are not made payable to you;
B. Checks or other items made payable to you and more than one other party;
C. Checks or other items made payable to you and one other party without the proper endorsement of that other party;
D. Checks or other items that are not properly endorsed by you;
E. Checks or other items with any endorsement that is not in accordance with these Mobile Banking Terms or other instructions from us;
F. Checks or other items drawn on any financial institution or other entity located outside of the United States; G. Checks or other items not payable in United States currency;
H. Checks or other items dated more than six (6) months prior to the date of deposit;
I. United States savings bonds or similar items or instruments;
J. Money orders, travelers checks or similar checks or items;
K. Checks or other items which are subject to a stop payment order;
L. Deposits made from outside of the United States.
M. Checks or other items that were previously returned for nonpayment by the payor financial institution;
N. Checks or other items containing alterations not authorized by the check or item maker or owner of the account on which the check or item is to be drawn;
O. Types of checks or other items or specific checks or other items we have previously informed you we will not accept for deposit or accept for deposit via Mobile Banking;
P. Substitution checks as defined by Regulation CC (12 CFR 1029);
Q. Remotely created checks as defined by Regulation CC.
The image of the check or item transmitted to us for deposit using Mobile Banking must be readable by us and compatible with our equipment.
AS PART OF SECTION 30 OF THE GENERAL TERMS (EXCLUSIONS OF WARRANTIES), YOU ACKNOWLEDGE AND AGREE THAT, AMONG OTHER THINGS, MOBILE BANKING AND THE SERVICE OF DEPOSITING CHECKS VIA MOBILE BANKING IS PROVIDED “AS IS” AS A CONVENIENCE FOR YOU AND DOES NOT ALTER YOUR OBLIGATIONS AND RESPONSIBILITIES FOR YOUR ACCOUNTS WITH US.
AS PART OF SECTION 31 OF THE GENERAL TERMS (LIMITATION OF LIABILITY), YOU ACKNOWLEDGE AND AGREE THAT, AMONG OTHER THINGS, WE WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO THE IMAGE QUALITY OF ANY CHECK OR OTHER ITEM YOU DEPOSIT USING MOBILE BANKING.
Deposits accepted via Mobile Banking are subject to our Funds Availability Policy and will be credited for funds availability purposes as if those deposits were made and accepted at one of our branches or one of our automated teller machines, and the same cutoff times for funds availability will apply. Deposits received and accepted after the cutoff time in our Funds Availability Policy will be credited for funds availability purposes as being credited the following day. We may establish later cutoff times for deposits made via Mobile Banking.
After any check or other item has been deposited using Mobile Banking, you agree that you will secure the check or other item and destroy it no later than ten (10) calendar days after deposit. You agree that you will never re-deposit any check or other item that has been previously accepted for deposit via Mobile Banking.
PART SIX – TEXT MESSAGE BANKING AND ALERT SERVICE ADDITIONAL TERMS
For purposes of this Part, the term “Text Message and Alert Terms” means these Text Message Banking and Alert Service Additional Terms. The Text Message and Alert service (for purposes of these Text Message and Alert Terms, the "Alerts Service," which shall be considered an “Online Service” for purposes of the General Terms) enables you to receive information and alerts such as your current account balance regarding your Dollar Bank accounts via text messages and/or emails. When you enroll in our Alerts Service for text messages, you may send us a text message to our text message phone number with a designated command (such as BAL for balance) to receive a responding text message with the information requested by that designated command. Our Alerts Service also allows you to set threshold parameters for us to contact you via text and/or email if certain events occur, such as if your account balance drops below a certain level set by you or if you wish to receive periodic information such as daily balances. The information sent to you will be as accurate as reasonably possible, but should not be relied upon by you as real time information, as the text or email message may be delayed for one of many reasons (e.g., system outages, delayed service provider networks, etc.) or our system information may not have been updated to reflect all account transactions or other information at the time we received your text message or at the time the parameter to contact you was met. We may alter or terminate our Alerts Service at any time for any reason without notice.
As part of your consent in Section 8 of the General Terms (Text Messages, Calls and/or Emails to You), by providing us with a mobile telephone number for the Alerts Service, you consent to receive text messages from us at that mobile telephone number concerning your accounts (including text messages we may require to validate the mobile telephone number you provided to us) and for us to respond to text message requests received by us from that mobile telephone number.
Also, as part of your consent in Section 8 of the General Terms (Text Messages, Calls and/or Emails to You), by providing us with an email address for the Alerts Service, you consent to receiving email messages from us at that email address concerning your accounts and for us to respond to emails received by us from that email address.
AS PART OF SECTION 30 OF THE GENERAL TERMS (EXCLUSIONS OF WARRANTIES), YOU ACKNOWLEDGE AND AGREE THAT, AMONG OTHER THINGS, THE ALERT SERVICE IS PROVIDED “AS IS” AS A CONVENIENCE FOR YOU AND DOES NOT ALTER YOUR OBLIGATIONS AND RESPONSIBILITIES FOR YOUR ACCOUNTS WITH US.
AS PART OF SECTION 31 OF THE GENERAL TERMS (LIMITATION OF LIABILITY), YOU ACKNOWLEDGE AND AGREE THAT, AMONG OTHER THINGS, WE WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO DISCLOSURE OF YOUR INFORMATION USING THE ALERTS SERVICE OR THE ACCURACY OF THE INFORMATION PROVIDED.
We do not charge you a fee for the Alerts Service, but you may be charged fees by third parties for internet, phone, text or other services related to the Alerts Service. You acknowledge that the Alerts Service may not be compatible with all phones, wireless services, computers or other equipment.
You may change the threshold parameters for us to contact you via text and/or email if certain events occur by changing your parameters in our Online Banking platform. You may also text STOP to our text message phone number or delete your mobile telephone number in our Online Banking platform to stop alerts being sent to your mobile telephone number.