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American Heritage Bank Internet Banking
Services Agreement and Disclosure Statement:
This agreement and disclosure statement
covers the use of American Heritage Bank Internet Banking (hereafter
referred to as the Service) Account Information, Bill Payments, Telephone
Banking, Fund Transfers, and check inquiry for designated account(s)
established. When we use the words “you,” “your,” “yours,” and “they,” we
mean each person who has an interest in an account or other relationship
which is accessible through the Service. The words “we,” “our,” and “us”
mean American Heritage Bank as appropriate and their successors or assigns.
“Merchants” refers to the businesses (Bill Payees) you wish to make payments
to. This agreement is in addition to other agreements between you and us. If
there is a conflict between the terms and conditions of this agreement and
one contained in the other agreements, this agreement will control.
Acceptance of This Agreement:
By using the Service or permitting any other
person to get access to your account through the Service, you agree to be
bound by the terms and conditions of this agreement. Once you are an
enrolled user of the Services, you may be charged the applicable Monthly
and/or Usage fee whether you use the service or not (please see the American
Heritage Bank fee schedule). Charges accrued will be posted to your account
on the last working day of your statement cycle and the bank reserves the
right to waive these charges at any time. By using the Service, you
authorize us to automatically deduct all applicable charges and fees from
your designated account. You may also be charged additional fees that may be
assessed by the Internet Service Provider and you may be assessed additional
fees by your telephone company, depending on which Internet Provider you
use.
Establishing Your Account:
To obtain the Services, you must complete an
application and tell us the account(s) you wish to use as your funding
account(s). If you have signed up for Bill Payments, all of your payments to
Merchants will come out of your designated funding account(s). You will also
need to provide the account number(s) of internal accounts (such as savings
or other checking) or loans to which you wish to make payments or transfers
to and tell us who will have the legal right (authorized users) to inquire,
transfer to / from the account.
To have access to the Services, you must have
at least one eligible personal deposit account with us. Only the person(s)
with signing authorization on the personal deposit or non-deposit account
can enroll in the Service. Once that person has received their enrollment
confirmation package, they can use the service to have access or “link” to
any other bank account(s) in which they are authorized on. No other person
will have access to your bank account information unless you choose to give
someone your user ID and password.
Computer Requirements:
A personal computer (PC) with Windows 95, 98, XP, NT, 2000, or ME or
Macintosh OS 9 and OS 10, a modem, and Internet connection are required to
access the Services. It is highly recommended and your responsibility to
maintain security devises on the computer system you will be using: (e.g.
anti-virus, spyware, firewall, etc) and other standard security software.
Except as otherwise provided in this Agreement or by law, the bank is not
responsible for any error or failures from any malfunction of your computer
or software or for any computer virus or related problem with the use of the
on-line system. We are not responsible for any loss, injury, or damage,
whether direct, indirect, special, or consequential, caused by the Internet
Banking service or the use thereof or arising in any way out of the
installation, operation, or maintenance of your PC equipment. We do not
guarantee compatibility with all modem types, computer systems, and Internet
browsers.
If our system is updated and different
hardware and/or software requirements are needed, we will notify you of
these changes. If you are not able to access or retain subsequent
information due to these changes (except where you agree to maintain
upgrades), you will have the right to withdraw access rights without the
imposition of any fees (if applicable) for withdrawal or the imposition of
any condition or consequence that was not originally disclosed.
Using
the Service: If you access the Services by use of a PC, you agree: (1) To use a
128-bit secure, JavaScript enabled browser to log on to your account and
perform transactions. Recommended browsers are Microsoft Internet Explorer
5.0 and higher, Netscape Navigator 6.2 and higher, AOL 5.0 and higher, or
Safari 1.0 and higher (for Macintosh OS 10 only) and (2) To ensure any
future supported upgrades are loaded and operational on your PC.
Through the Services, you may view account
information and make fund transfers from your primary funding account(s) to
your other accounts but you may not add or change funding account(s) or use
the Services to make transfers from your IRA account to any other account.
You may make payments to Merchants and also you may add to or change your
Merchant list through the Services. With the Telephone Banking service,
(from any touch tone phone) you may request account balances, transfer money
from one account to another, make a loan payment from your designated
account, and find out what deposits / debits have posted to your designated
account for the last several days by calling the TeleBank system at (575)
763-4600.
When any payment or other online service
generates items to be charged to your account, you agree that we may debit
your primary funding account or the account on which the item is drawn
without requiring your signature on the item and without prior notice to
use. Any transaction resulting from your instructions, which we receive
under your password shall be deemed to have been “in writing” and
authenticated by you “in writing.” All records maintained by us for
transactions under your password shall be deemed to have been “signed” and
to constitute an “original” when printed from records established and
maintained by our authorized agent or us in the normal course of business.
You agree not to contest the authorization
for, or validity or enforceability of, the records and “signed” documents,
or the admissibility of copies thereof, under any applicable law relating to
whether certain agreements, files or records are to be in writing or signed
by the party to be bound thereby. Records and “signed” documents, if
introduced as evidence on paper in any judicial or other proceedings, will
be admissible to the same extent and under the same conditions as other
documentary business records. Upon your written request, you agree to
manually sign or place your signature on any paper original of any record or
“signed” document which we provide to you containing your purported
signature.
Limitations
on Frequency of Transfers:
Transfers from a savings or money market account to another account or to
third parties by preauthorized, automatic, telephone, or computer transfers
are limited to six per month or cycle statement with no more than six by
check draft, debit card or similar order to third parties. For security
reasons there are other limits on the number of transfers you can make by
computer. Saving or money market accounts may not be used as the funding account(s) for Bill Payment.
Business
Days and Hours of Operations: Our
business days are Monday through Friday except for State and/or Federal
holidays that may be observed. Hours of operations are 9:00 AM to 4:00 PM
Monday through Thursday and 9:00 AM to 5:00 PM Friday. Although electronic
Bill Payment transactions can only be processed on business days, you can
send us e-mails 24 hours a day, seven days a week except during any
scheduled maintenance periods. Transactions made after 2:00 PM Mountain
Standard Time will be processed the next business day.
Account
Access: During the enrollment for the Services, for Internet banking you will be
assigned a temporary password that will only work with your pre-determined
customer number; (you will have access to your temporary password for thirty
days) for Telephone Banking you will be required to establish a personal
identification number (PIN) that will only work with your customer number.
When you first sign on to the Services, you will be required to change your
temporary password before you can proceed and you may change your customer
number or ID at this time. Your customer ID and new password will be your
sign-on information (hereafter referred to as Your Code).
Your Code must be used when accessing the
Services for account information, submission of payments, or other online
transactions. Three failed attempts to gain access to your account will
result in an automatic time out. You will need to contact the bank to reset
your password and before we will honor your request, we will take steps to
positively identify you as the user of the account by asking several
detailed and confidential questions or by other methods only the user would
know. Use of Your Code is the security agreement procedure for accessing the
Services through the Internet. You agree to keep Your Code confidential to
prevent unauthorized access to your account(s) and to prevent unauthorized
use of the Services. If you feel someone has gained access to Your Code,
change your password immediately; for Telephone Banking, you may change your
information at any time by calling TeleBank. You will be asked to provide
certain information about yourself or the account in order to identify
yourself when you call for telephone support.
Your
Rights and Liabilities: Notify us
immediately if you believe Your Code has been lost or stolen. Telephoning is
the best way to keep your possible losses down so please call (575) 762-2800
(Clovis) or (575) 253-4500 (Melrose) during normal business hours. If we
feel it is necessary to do so we may disable your account to prevent
unauthorized transactions from coming through. Also, notify us immediately
if you believe someone else has used Your Code without authorization or if
you have questions or concerns regarding the Services.
If you tell us within two (2) business days
you can lose no more than $50.00. If you do NOT tell us within two (2)
business days after you learn of the loss or theft of Your Code, and we can
prove we could have stopped someone from using Your Code without your
permission if you had told us, you could lose as much as $500.00, depending
on the amount of the transaction. Notification of lost, stolen, or
unauthorized use of Your Code is to be reported in person to a Service
representative or by telephone. For protection of your confidential
information;
WE
CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PINS, PASSWORDS, OR
UNAUTHORIZED TRANSFERS VIA E-MAIL.
If your bank statement shows
transfers that you did not make, tell us at once. If you do not tell us
within sixty (60) days after the statement was mailed to you, you may not
get back any funds you lost after the 60 days if we can prove that we could
have prevented someone from taking the funds if you had told us in time.
You agree that if you give Your Code to
someone else, you are authorizing them to act on your behalf, and we may
accept any instructions they give us to make transfers or otherwise use the
Services. You hereby release us from any liability and agree not to make any
claim or bring any action against us for honoring or allowing any actions or
transactions where you have given another person access to Your Code or in
the case of a jointly held account such person is one of the owners of the
account. You agree to assure and hold us harmless from and against any and
all liability (including but not limited to reasonable attorney fees)
arising from any such claim.
If you feel someone has used Your Code
without your permission and we research the item to resolve the issue, you
agree that our records will be final and conclusive as to all questions
concerning whether or not Your Code was used in connection with the
particular transaction. If any unauthorized use of Your Code occurs, you
agree to: (1) Cooperate with us and appropriate law enforcement authorities
in identifying and prosecuting the perpetrator and (2) Provide reasonable
assistance requested by us in recovering any unauthorized transfer of funds.
It will be our goal to address all Internet
Banking comments, questions, and complaints within four (4) hours of
becoming aware of the issue. If we cannot resolve the issue from onsite
documentation, the appropriate vendor will be contacted.
Periodic Statements:
You will receive a monthly statement on your
account activities. If your account at American Heritage is a savings, you
will receive a monthly statement unless there is no account activity for the
month, in which, you will get a statement at least quarterly. In addition to
reflecting your other activity, your statement will include any transfers or
Bill Payments authorized through the Services.
Error Resolution Notice:
In case of errors or questions about your
electronic transfers call us at (575) 762-2800 (Clovis) / (575) 253-4500
(Melrose) or write us at:
American Heritage
Bank or
American Heritage Bank
P.O. Box
580 P.O. Box 318
Clovis, NM
88102 Melrose, NM 88124
Notify us immediately if you think your
statement or receipt is wrong or if you need more information about a
transaction listed on the statement or receipt. We must hear from you no
later than 60 days after we sent the FIRST statement on which the problem or
error first appeared. For us to assist you in resolving the error, you must:
(1) Tell us your name and account number; (2) Describe the error or the
transfer you are unsure about, and explain as clearly as you can why you
believe it is an error or why you need more information; (3) Tell us the
dollar amount of the suspected error. If you tell us orally (over the phone
or in person), we may require that you provide us with your complaint or
question in writing within 10 business days. Federal regulations require us
to obtain original signatures for Error Resolution issues therefore:
WE
CANNOT ACCEPT ERROR RESOLUTION NOTICES VIA E-MAIL.
We will determine whether an
error occurred within 10 business days (20 business days for new accounts)
after we hear from you and will correct any error promptly. If we need more
time, however, we may take up to 45 days (90 days for new accounts,
point-of-sale or foreign-initiated transfers) to investigate your complaint
or question.
If we decide to do this, we will credit your
account within 10 business days (20 business days for new accounts) for the
amount you think is in error, so that you will have 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 10
business days, we may not credit your account for 30 days after the first
deposit is made. We will tell you the results within three business days
after completing our investigation. If we decide that there was no error, we
will send you a written explanation. You may ask for copies of the documents
that we used in our investigation.
Account Security: For security purposes, we recommend that you do not use the same access
information you use for other bank products. It is recommended that you
memorize Your Code and do not write it down. If for some reason you need to
write down Your Code information, store it in a SECURE
location that is only accessible to you.
Some computer software may give you the
option to store your password on the system so you will not have to type it
in each time. If you use this option, the security of your account
information may be jeopardized. American Heritage Bank strongly discourages
the use of this option and we will not be responsible for unauthorized or
fraudulent access to your account caused by storage of your password.
In order to maintain secure communications
and reduce fraud, you agree to protect the security of your numbers, codes,
marks, signs or other means of identification. We reserve the right to block
access to the Services to maintain or restore security of our site and
systems, if we reasonably believe your access codes have been, are being or
may be used by an unauthorized person.
We may be liable for certain security
breaches to the extent required by applicable law and regulation. We do not
assume any other liability or otherwise guarantee the security of
information in transit to or from our facilities. Please note that we
reserve the right to: (1) Monitor and/or record all communications and
activity related to the Internet Banking services and (2) Require
verification of all requested transfers in the manner we deem appropriate
before making the transfer (which may include written verification by you).
If the bank becomes aware of a security risk, the bank may notify you by
mail of the incident. If deemed necessary, the bank may flag your account to
be watched for questionable activity, lock your account, or advise you to
monitor your account for unusual activity.
Available Services:
Depending on the actual features you select, you may be allowed access
to the following Services by entering your Customer ID and your password.
Once you are validated on the system, there will be no additional sign-on
requirements for accessing particular services.
1.
Account Information – You may get information about checking,
savings, money market account balances, deposits and withdrawals including
ATM/debit card transactions, access prior month statements, and other
certain information about your designated account(s). The system will retain
sixteen months of transaction history, including current cycle statement
transactions, starting from the date your enrollment was processed.
Account balances reported on the Service are
not live, real-time balances therefore transactions pending will need to be
considered. Balances are updated nightly after each business day’s
processing with pending transactions memo-posted throughout the day.
2.
Funds Transfers – You may use the Services to transfer funds to and
from any of your designated bank account(s) and/or make payments from your
checking and/or savings (including money market) to your loan accounts with
us. You may transfer amounts up to the available balance of the account in
which you are making the transfer from. Cut off time for fund transfer will
be 2:00 PM Mountain Standard Time. Transfers made after 2:00 PM will be
processed on the next business day. Completed transfers cannot be canceled
therefore a reverse transaction must be processed if you wish a reversal.
3.
Accounts Information Download – You may export your designated
account(s) information into your Quicken or QuickBooks software.
4.
Stop Payment Service – We may, in the future, offer stop payment
service via Internet Banking. If offered, you may request a stop payment on
a check issued on your designated account(s) by completing the form and
submitting all of the required information to us. All stop payment orders
will be subject to our current policy on stop payment orders.
You may be asked to submit written
authorization to document your online request for a stop payment. If we
require written authorization, we must receive the authorization within 14
days of the request or the stop payment will be released.
5.
Bill Pay – You may use Bill Payment to make current, future and
recurring payments from your designated bank account(s). You may also
request, register, receive, pay and delete electronic versions of your
bills. To cancel Bill Pay, please contact the bank during normal business
hours.
Inactivity of Internet Services:
If you do not log on to the service for 90
days, we may cancel your Internet banking service. If your Services are
terminated, the bank reserves the right to set off any of your money or
property which may be in our possession against any amount owed to us under
this agreement. This right of set off does not extend to any Keogh, IRA
account, or similar tax-deferred deposit account.
Confidentiality: We may collect
nonpublic information about you from information we receive from you
on applications or other forms, transactions with us, our affiliates or
others, or through information we received from consumer reporting agencies.
We may disclose information to third parties about your account or the
transactions you make: (1) Where it is necessary for completing transactions
or resolving errors involving the Services: (2) In order to verify the
existence and condition of your account for a third party, such as a credit
bureau or a merchant: (3) In order to comply with government agency rules,
court orders, or other applicable law: (4) To our employees, service
providers, auditors, collection agents, affiliated companies, or attorneys
in the course of their duties and to the extent allowed by law or (5) If you
give us permission.
Change / Interruptions in Service:
On a regular basis, we may perform maintenance on our equipment or system,
which may result in the disruption of service or error in the Service. From
time to time, we may also need to change the scope of our Services therefore
we will attempt to notify you prior to such interruptions and changes but we
cannot guarantee that such a notice will be provided.
Performance of Software and Electronic
Services: Although the Service is
generally reliable, it may not be in operations or operate properly at all
times. We cannot guarantee that the Service will always be available for
your use. You should not attempt to make a payment or transfer when the
Service tells or other circumstances give you reason to believe the Service
is not operating properly. There is no guarantee the desired transaction
will be completed properly. We will not be liable for damages resulting of
the use, misuse, or inability to use the online services, except as required
by federal law.
Waivers: No waiver of the terms
of this Agreement will be effective, unless in writing and signed by an
officer of this bank.
Assignment: You may not transfer or assign your rights or
duties under this Agreement.
Governing Law: Federal / State of New Mexico laws and
regulations shall govern this Agreement and all transactions hereunder.
Customer acknowledges that he/she has reviewed this Customer Agreement,
understands the terms and conditions set forth herein, and agrees to be
bound hereby.
Indemnification: The customer, in consideration of being
allowed access to the Internet Banking services, agrees to indemnify and
hold the Bank harmless for any losses or damages to the Bank resulting from
the use of the Internet Banking services, to the extent allowed by
applicable law.
Delays / Force Majeure:
The obligations of the bank shall be suspended for as long as labor
disputes, war, riots, civil commotion, acts of God, fires, floods, failure
of suppliers and/or subcontractors to perform, power failure, restrictive
governmental law and/or regulation, accidents or any other cause hinders or
prevents our obligations from being performed.
Amendment of This Agreement:
The bank retains the rights to review and make adjustments to this agreement
as it deems necessary by giving you at least 30 days notice before the
effective date of the amendment unless such change or amendment is required
to remain compliant with applicable federal / state laws and regulations.
This agreement shall be made available
electronically for customer to review and the bank may require
reconfirmation to the agreement on an annual basis.
Termination:
You may cancel your Internet Banking Services at any time by providing us
with written notice by postal mail or in person. Your access will be
suspended within three (3) business days of our receipt of your cancellation
request. You will be responsible for all outstanding fees and charges
incurred prior to cancellation. Except as stated above, we may terminate
this agreement and any service provided hereunder at any time upon written
notification of intent to do so has been provided to you ten (10) business
days prior to termination date. We reserve the right to terminate or to
discontinue support of any software or equipment without written notice.
Bill Payments and Transfers:
To utilize the services of Bill Pay, you will need to provide the bank with
account numbers, mailing information and payment due date on all Merchants
you wish to include in the service. This information may be established when
the accounts are setup under the “add payee” screen on the Services. You are
also responsible for ensuring data provided via Electronic banking products
is accurate. You assume responsibility for any payment or transfer error
caused by an incorrect account number.
Through the Bill Pay service, you may only
pay entities with United States addresses. While payments to most payees can
be made using the Bill Pay service, American Heritage reserves the right to
refuse to make payments to certain payees (such as alimony, child support,
tax and other court directed or government payments, fines or penalties). We
are unable to process any payments to federal, state or local tax agencies.
We will make some payments electronically;
payments that cannot be submitted electronically will be issued by an
official bank check and mailed on the business day following the effective
date of your payment. Electronic payments take one to two business days to
reach the merchant and it may take up to seven (7) business days for a
merchant to receive check payments sent through the postal service. When
setting up your Bill Pay time frame, you should allow seven (7) business
days for payment processing prior to the due date. Your vendor may require
additional processing time so this needs to be considered when setting up
the Bill Pay account.
We will not be responsible for any late
charges, interest, penalties, or other damages incurred because you do not
allow enough time for a payment or transfer. We will not be responsible for
delays caused by others, which includes any third party through which a bill
payment is made and they fail to properly transmit the payment to the
intended payee. In addition, we will not be liable if there are insufficient
funds or credit balance in your designated payment account and/or overdraft
protection plan; if a legal order directs us to prohibit withdrawals from
the payment account; if the payment account is closed or frozen; or if any
of the electronic funds transfer system is not working properly. We will not
be liable for indirect, special, or significant damages arising out of the
use of Bill Pay.
Your Responsibility:
You are responsible for all Bill Payments you
authorize using the Services. If you permit other persons to use the Service
or Your Code, you are responsible for any transactions they authorize from
your designated account(s).
Our Responsibility: We will be responsible for late fees or finance charges if the bank or
our agent does not complete a bill payment on time or in the correct amount
according to our agreement with you provided your account was in good
standing with the payee prior to the incident. You will be required to
produce proof of the payment in the form of a confirmation number, which you
can print or record at the time the payment was scheduled.
Overdrafts:
By signing up and using Bill Pay services,
you have entered and transmitted payment instruction to the bank for
disbursement of funds to your payees, therefore you authorize the bank or
our agent to reduce the balance in your funding account(s) by an amount
equal to that amount requested in your payment instructions to us. You
promise to keep enough money in your account(s) to cover payments and
transfers. If there are insufficient funds in your designated account(s) to
cover the payments you have authorized, we may either refuse to pay the item
or we may make the payment and overdraw your account(s). If an overdraft is
created, you are responsible for any non-sufficient funds (NSF) and/or
overdraft charges we may impose.
Bill Pay Service Fee:
After you become a registered user of Bill
Payment services, you may be charged $5.00 a month for an unlimited number
of payments as a Monthly and/or Usage fee whether you use the service or not
(please see the American Heritage Bank fee schedule). The first three (3)
months after sign up are free and if you maintain an average daily balance
of $2,500 in your funding account(s), bill payment services are remain free.
Charges accrued will be posted to your
account on the last working day of your statement cycle and the bank
reserves the right to waive these charges at any time. You authorize us to
automatically deduct all applicable charges and fees from your designated
account. You may also be charged additional fees that may be assessed by the
Internet Service Provider and you may be assessed additional fees by your
telephone company, depending on the Internet Provider you use.
Stopping Bill Payments:
You have the right to stop or change any scheduled payment. You must cancel
the payment by no later than 2:00 PM Mountain Standard Time on the payment
date. Use the DELETE function on the “Pending” page of the Services web
site. You must submit your change request or tell a Service representative
before 2:00 PM Mountain Standard Time on the payment date. If the stop
payment or change is on a preauthorized fixed payment, you must submit your
change request or tell a Service representative at least three (3) business
days before the payment or transfer is scheduled to be made. If you call, we
may require you to put your request in writing and get it to us within
fourteen (14) days from the day it is made. We will not be obligated to
comply with any notice received after these deadlines.
To stop or change a payment or transfer, you
should submit your request in writing within 14 days of the stopped
transaction and send it to us at American Heritage Bank, P O Box 580,
Clovis, NM 88102 or come by the bank to complete the stop payment form.
We cannot accept stop payment request via e-mail; an original signature
is required.
Identifying Your Request:
We may use your Service account number and Merchant codes to identify
payment request as having been made by you. To make sure no one has access
to your account through the Service, you promise not to tell anyone your
identifying information, to keep your Merchant list in a safe place and to
notify us immediately if you know or have reason to believe that any of this
information or your Merchant list has fallen into or may fall into the wrong
hands.
Cancellation of Bill Payments:
If you should wish to cancel or terminate your Bill Pay service, you must
provide us with written instructions to do so. We highly recommend that you
cancel all future bill payments at the same time you cancel your service to
ensure that future payments made by you will not be duplicated. To delete
the payments, go to the Services web site and follow the directions for
deletion. Once we have been notified that your service has been terminated,
we will delete all outstanding payment orders (all individual payments and
all recurring payments).
If you cancel Bill Pay, you authorize us to
continue making payments that you previously authorized until we have a
reasonable opportunity to act on your request. Once we have acted on your
request, no further payments will be made. If you do not log on to the
service for 90 days, we may cancel your Bill Pay service. If your service is
canceled at any time, your online bill payment information will be lost.
American Heritage Bank reserves the right to terminate your use of Bill Pay
at anytime without notice to you.
Consent to Electronic Delivery of Notices:
You consent that by participating in the Internet banking online process
that any notice or other type of communication provided to you pursuant to
the terms of this agreement and any future disclosures required by law,
including electronic fund transfer disclosures, may be made electronically
by posting the notice on the American Heritage web site or by e-mail. You
agree to notify us immediately of any changes in your e-mail address. When
new disclosures are posted to the site, you may request a paper copy of
electronic notices required by federal regulations within 60 days of the
availability of the electronic disclosure. The disclosures may be in a form
that you may keep by either electronic or printed methods. Prior to
consenting, you have the right or option to have records provided or made
available in non-electronic form and the right to withdraw consent to
electronic receipt of disclosures by contacting the bank and requesting such
action.
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