EagleOnline - Terms and Conditions

 

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Terms and Conditions for Online Banking

Online Banking Service Agreement

These Terms and Conditions are effective June 20, 2018

Welcome to Bank of Clarke County’s Online Banking service. This Online Banking Agreement ("Agreement") establishes the terms and conditions for Online Banking Services (“Service(s)”) provided by Bank of Clarke County (“Bank,” “us,” “we,” or “our”). This Agreement is a legal contract between Company (“you,” “your,” or “user”) and the Bank and sets out the terms and conditions of your use of the Service(s). For purposes of this Agreement, “you”, “your” or “user” means the person to whom the Online Banking Access ID and password were issued. Please read this Agreement carefully and keep a copy for your records because it contains important information and guidelines for using the Service(s). We may modify the terms of this Agreement from time to time and your continued use of the Service(s) will constitute your acknowledgement of, and agreement to those changes.
In addition to this Agreement, you and the Bank agree to be bound by and comply with the terms and conditions of the Bank’s Account Agreement, the Schedule of Fees and Charges, and any other disclosures provided to you relating to your accounts (collectively “Disclosures”). Your use of the Service(s) is your acknowledgment that you have received these Disclosures and intend to be bound by them. To the extent that this Agreement is inconsistent with any of the terms and conditions contained in the Disclosures, the terms and conditions of this Agreement shall prevail with respect to the Service(s). If you should need another copy of any of the Disclosures, please call us at (540)955-2510, or email us at csc@bankofclarke.com.

What this Agreement Covers:

This agreement between you and the Bank governs the use of this Service.  This Service permits the Bank’s consumer customers the ability to perform several banking functions on accounts using a computer or other device that meets the requirements for use of the Service and by which the Service is accessed by you.

Eligibility:
To register for consumer banking, you must have an active account. The Service can be used to access only the Bank accounts for which you are an owner or authorized representative of. You can request the addition or deletion of any of your Bank accounts or User accesses from the Service by calling (540)955-2510.
You may generally access the Service 24 hours a day, seven days a week.  However, availability of the Service may be suspended for brief periods of time due to maintenance or other reasons beyond our control.


Accepting this Agreement:
When you or anyone authorized by you uses this Service, you agree to abide by and be bound to the terms and conditions of this Agreement.

Relations to Other Agreements:
Your use of the Service may also be affected by the agreements between us and you for each account owned by you. When you link an account to the Service, the agreement governing that account is not changed and remains in full force and effect. This Agreement is only supplemental to the separate agreements governing each account you own. You should review each agreement governing your accounts, for any applicable fees, limitations on the number of transactions you can make, and other restrictions that might impact your use of an account within the Service. 

Use of Service
You may be able to use the Service to perform some or all the following tasks. Additional functionality may be added to the Service.

Account Inquiries:
You may check balances and recent transaction information for any of your accounts that have been made accessible to you via the Service. The available balance shown for your account may not be the actual available balance in your account. It may include deposits subject to verification by us. It may not include, for example, deposits in progress, outstanding checks, other withdrawals and payments, credits, charges or other items which have not yet been processed.  Since certain information and transactions are not processed by us until after the close of its Business Day, some transactions may not be reflected on the Service until the next Business Day.  Posted items may be reversed due to insufficient funds, stop payment orders, legal process, and other reasons.  Certain balances also may not be subject to immediate withdrawal.

Internal Account Transfers:
The Service allows you to transfer funds among your eligible Accounts held at the Bank. Transfers may be scheduled for the same day or for a future date. Transfers will be posted as pending transactions when initiated. For the purposes of this Agreement, a business day is Monday through Friday, excluding Federal Holidays on which the Bank is closed. If made on a non-business day or after our cut off time, transactions will be effective on the next business day. Transfers initiated prior to our current cut off time will be effective the same business day. Transfers initiated after the cut off time will be effective the next business day.  A Future Dated Transfer may be scheduled as a one-time request or a recurring request. Future Dated Transfers will be initiated on the Transmit Date requested (even if the Transmit Date is not a Business Day), not the date the transfer is scheduled.
The Bank is under no obligation to inform you if it does not complete a payment or transfer because there are insufficient funds or credit in your account to process the transaction. In this case, you are responsible for making alternate arrangements or rescheduling the payment or transfer within the Service.
You agree that you will have sufficient available funds in the designated deposit account to cover all transfers on the date scheduled. If the account does not have sufficient available funds on the scheduled transfer date, we may elect not to initiate one of more of the transfers. If the transaction is completed, it may cause an overdraft in your account in which case you shall be liable for the overdraft and any overdraft fees as set forth in your Deposit Agreement.
Because of Federal law, Savings and Money Market accounts are limited to the number of withdrawals you may make in one month. You may make no more than six (6) withdrawals per month from either of these account types. Failure to adhere to these limitations could result in the conversion of your account to a transaction account (checking), or excessive transaction fees. You may make unlimited In-Person withdrawals from a Money Market.

Bill Pay Service:
In addition to other Service features, customers with eligible deposit accounts may also use the optional Bill Pay Service. This feature allows a User to make payments to a Payee from any of their accounts and review past or scheduled payments to a Payee.

ELECTRONIC BILL PAYMENT AUTHORIZATION

I AUTHORIZE the Bank to post payment transactions generated by personal computer or any Bank approved access device from the Bill Pay Service to an external account registered through the Bank’s online banking service. I understand that I am in full control of my account. If at any time, I decide to discontinue service, I may provide written notification to the Bank at csc@bankofclarke.com. My use of the Bill Paying Service signifies that I have read and accepted all terms and conditions applicable to the Bank’s online banking services and Bill Pay Service.
I UNDERSTAND that payments may take up to 10 business days to reach the vendor and that they will be sent either electronically or by check. I understand that the Bank or its authorized agent will use reasonable efforts to ensure payments reach payees on time, but cannot guarantee the time a payment will be received/posted by a payee.  The Bank is not liable for any service fees or late charges levied against me. I also understand that I am responsible for any loss or penalty that I may incur due to lack of sufficient funds or other conditions that may prevent the withdrawal of funds from my account.

BILL PAYMENT INSTRUCTIONS. For the Bill Pay Service, you agree to choose an eligible payment date, not less than 5 business days before the actual due date without considering any grace period and subject to U.S. postal delivery. You agree to provide correct payee name, address, account information and payment amount. Each time you create an instruction for payment, you authorize us to debit your account for the total amount transmitted. You agree to maintain sufficient funds in the account on the transaction payment date requested to pay in full the amount of the transaction. You understand that we may, at our discretion, discontinue your use of the Bill Pay Service due to inactivity or misuse.

Expedited Bill Payment Service.

In addition to the Bill Payment service listed above, you may participate in the optional Rush Delivery bill payment service.

For an additional fee, you may pay your bills faster with Rush Delivery bill payments, if you choose to pay your bill by Rush Delivery, the following additional terms apply:

A fee will be charged for the service, as disclosed at the time the payment is scheduled.Because these payments are processed quickly, you cannot stop a Rush Delivery bill payment once you have placed an order for it.

Rush Delivery payments are limited by the cut-off time established by the payee for accepting same day payments. Payee cut-off times vary by payee.

Rush Delivery bill payments can only be sent to payees with a valid street address within the continental United States.

Alerts:
We provide voluntary account alerts. We may add new automatic and voluntary account alerts from time to time, or cancel old alerts.  Alerts may be sent to you within the Service under the Alerts & Messages, or an email address you have provided on your User Profile. You can also choose to have alerts sent to a secondary email address. If your email address changes, you are responsible for notifying the Bank of this change. You understand and agree that your alerts may be delayed or prevented by a variety of factors. We do our best to provide alerts in a timely manner with accurate information. We neither guarantee the delivery nor the accuracy of the contents of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance of an alert.

Stop Payment Requests:

We will accept online requests to stop payment on any check, except for cashier’s checks, official checks, teller’s checks or other cash equivalent items. Stop payments cannot be placed on debit card or ACH transactions.  We will process requests received prior to the posted cutoff time on the same Business Day received.  Requests received after the posted cutoff time will be processed on the next business day.  We must receive a stop payment request at a time and manner that will give us a reasonable opportunity to act upon it prior to presentment of the item.  Please review your transaction history and previous statements to verify that the check has not cleared.
Stop payment requests are not effective if, either before or within 24 hours of when the stop payment order was placed, we have already cashed the item or become otherwise legally obligated for its payment.  Stop payment requests are processed electronically.  We will assume no responsibility if any information provided to us is incorrect, incomplete or in a manner that would result in the check being paid (i.e., incorrect check number, amount, account number or date).  Once placed, the stop payment order will remain in effect for six months from the date when it was made.  An authorized business representative may renew the stop payment order for an additional six-month period when the expiration date arrives.  You are responsible for monitoring the expiration of stop payments.  No notice will be provided to you that a stop payment is expiring.  A fee will be charged for each stop payment and extension thereafter. 

Quickbooks® and Quicken® connectivity:
The Bank
offers two ways to connect with QuickBooks and Quicken.  You may download your account activity from Online Banking and selecting the appropriate export software, which will in turn open your software. You may also export your transactions to a location on your computer by selecting csv as your export option and then importing it into your software. You are responsible for separately purchasing QuickBooks, and the Bank makes no warranties nor accepts any liability for such software. QuickBooks is a registered trademark of Intuit, Inc.

Other Services

Access Device Specifications:
To use this Service, your Access Device must meet the minimum specifications required for use of the Service. You must provide at your own expense the equipment and internet connections that you will need to access and use this Service.

  • Internet Access - You will need a currently supported internet browser tool such as; Microsoft Internet Explorer, Mozilla Firefox, Apple Safari, Google Chrome and a currently supported version of Adobe Acrobat Reader.  Cookies and JavaScript must be enabled in the browser options.
  • Adobe® Acrobat Reader – You can download the Adobe Acrobat Reader free of charge at www.adobe.com
  • We will give you notice of any change to the hardware and software requirements if the change will adversely affect your ability to access, receive and retain documents, eStatements, disclosures and legal notices.

Virus Protection: 
The Bank i
s not responsible for any computer virus, problems or malfunctions resulting from a computer virus, or related problems that may be associated with accessing the internet or the Service. We recommend that you routinely update your virus software, apply all security patches for your operating system and install a firewall on your Access Device. We are not responsible for any errors or failures resulting from defects or malfunctions of the Financial Software. WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU REGARDING YOUR ACCESS DEVICE OR RELATED EQUIPMENT, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PURPOSE.

Our Liability for Failure to Complete Transactions:
We will process and complete all payments and transfers properly initiated through the Service in accordance with this Agreement and any User’s Guide. We will not be liable (and any payment guarantee provided elsewhere in this Agreement will not be applicable), in connection with any of the following occurrences:

    • if, through no fault of ours, you do not have sufficient Collected Funds in the Service Account to complete the transaction;
    • if the transaction would exceed the credit limit on any overdraft line of credit linked to the Service Account;
    • if your Access Device, internet connection method, or other equipment is not operating properly;
    • if the Service is not working properly and you were aware of the malfunction when you initiated the transaction;
    • if you do not properly follow all instructional materials provided relating to the Service;
    • if you have not provided us with the correct Payee name, address, account information, payment amount, or other instructions necessary to complete the payment.;
    • if your funds are held or frozen, or a court order or other legal process prevents us from making a transaction;
    • if your Password has been reported lost or stolen;
    • if we have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal;
    • if you have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service Account;
    • if circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disasters) prevent the transaction;
    • if making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or
    • if any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages).
    • there may be other exceptions to liability stated in the agreements governing your accounts with us, or provided under applicable law.

Service Hours:
You may generally access the Service 24 hours a day, seven days a week.  However, availability of the Service may be suspended for brief periods of time due to maintenance or other reasons beyond our control.

Joint Accounts:
When you designate a joint account as an online account, we may act on the verbal, written, or electronic instructions of any signer.

Secure Messaging:
The Service provides you with the ability to send and receive messages to and from us by two means: (i) Conventional email or (ii) Secure Messaging, (i) Conventional email is not a secure method of communication, and we recommend that you do not send confidential or privileged information, such as account numbers and financial information, by conventional email. An electronic message sent by you may not be immediately received by us. (ii) Secure Messaging is a secure method of communication contained within Online Banking. Secure Messaging allows messages to be sent and received from within the Service application. If you need to contact us immediately, please call (540)955-2510. No action will be made on any electronic message you send to us until we receive your message and have a reasonable opportunity to act on it. You cannot use conventional email or Secure Messaging to make a bill payment, account inquiry, or funds transfer. There may be other limitations to your use of electronic messaging in effect from time to time. To the extent you elect to communicate with us using E-mail, the following provisions apply to those communications:

You agree and acknowledge that the information communicated via email to or from us may include information regarding any or all of the services that are part of the Service or other information we feel may be of added interest to you.

You acknowledge that you have been advised and understand the risks of using email with respect to the communication of information regarding the Service and that we are unable to guarantee the authenticity, privacy or accuracy of information received or sent by email or to monitor the authorization of persons using your email address to send or receive information.

In the event you receive information from us via email that you believe is intended for another recipient, you agree to immediately return the information to us and to thereafter delete the information from your computer system. You shall not use the information for any personal or commercial purposes.

You agree that certain information communicated from us to you may be confidential in nature as a communication between you and us. You agree to maintain the confidentiality of the information and to refrain from sharing the information with any other person or entity or from using the information for any purpose that is not related to the Service or your financial relationship with us.

If you believe that an unauthorized person has gained access to your computer system, you agree to notify us immediately us so that we can cease communication of information to you via E-mail until you and we take measures agreed to jointly to protect your financial information.

Having acknowledged the risks associated with communicating financial information via E-mail, you (a) agree that we have no obligation to monitor or investigate the use of your computer system or the source of any communication received from you bearing your email address, (b) release us from any claim or liability arising from or in connection with any communications sent or received using E-mail, and (c) agree to indemnify and hold us harmless from all claims, losses, expenses or liability arising in any way out of or connected in any way with the use of E-mail as contemplated by this Agreement.

Security Procedures-Transaction Authorization:
You authorize us to follow any instructions entered through the Service notwithstanding any dual or multiple approval requirement identified on the signature card or other documents relating to your Service Account. You agree and intend that the authorization of transactions through the Service shall be considered the same as your written signature in authorizing us to perform any actions relating to the transactions requested. You also agree that use of your Password is the agreed security procedure to access the Service and that such security procedure is commercially reasonable. You agree to keep your Password confidential to prevent unauthorized access or use to your accounts or the Service. You agree not to give your Password or make it available to any person or entity who is not authorized to access the Service Account for performing the transactions contemplated by the Service, or who intends or may use the Service to access and compile account data for such person’s or entity’s own commercial gain. You should change your Password frequently. 

Your Access ID and Password:
You will select an Access ID and Password during your initial log in to the Online Banking service.  Access to your account information and the ability to complete transactions on your accounts is possible only with this Access ID and Password combination. Your Access ID and Password should be treated with the same care and confidentiality as your ATM or debit card and PIN number. You are responsible for keeping your Access ID and Password confidential. You are also responsible for keeping your Token in a secure area. You are responsible for all activities on your accounts if you give access to your account information to other persons. Information which you supply to others, including but not limited to third party aggregation services, is disclosed solely at your own risk. You may wish to avoid saving your Password on your computer's hard drive to prevent someone who may gain access to your computer from being able to gain access to your accounts via the Internet. You may also wish to use a unique Access ID and Password combination for your online banking service.

Password Requirements:

  • Must be at least 8 characters in length but no more than 17
  • At least four (4) alpha
  • At least one Special character (do not use #, @ or &)
  • At least one (1) number

Your liability in Case of Loss, Theft or Unauthorized Transactions:
You are responsible for all transactions you initiate or authorize using the Service. If you allow any other person to use your Password or the Service, you will have authorized that person to access your Service Accounts and you are responsible for all transactions that person initiates or authorizes relating to the Accounts. Tell us AT ONCE if you believe that your Password has been lost or stolen or that an Account has been or may be accessed without your authorization. Telephoning is the best method for limiting your potential losses. You could lose all funds in your Accounts plus the maximum amount of any overdraft line of credit. If you believe your Online Banking service has been compromised, please contact us through the following methods:

Call: (540)955-2510
Email: csc
@bankofclarke.com
Mail: Bank of Clarke County PO Box 391 Berryville VA 22611       
In Person: Visit a Branch Location

You agree to take any reasonable actions requested by us to prevent unauthorized transactions to your Service Account.  Notwithstanding anything to the contrary in this Agreement, you will be liable for any unauthorized use of the Service in these instances unless otherwise provided by applicable law or written agreement with us.

Business Day Cut-Off Times:
A Business Day means Monday through Friday, except for Federal Holidays. The Bank has established Business Day cut-off times for the use of some Services. We may change established cut-off times without any prior notice to you. Transactions and files received after the cut-off time will be posted or processed the next Business Day. We may treat communications received after such cut-off times established by us as received on the following Business Day.

Transaction Cut-Off times are as follows:
Internal Transfers -  6:00 pm EST
Wire Transfers – 4:00 pm EST
Stop Payments – 4:00 pm EST
Bill Pay – Next day electronic payment 10:00 pm EST
Person to Person – Next day processing 8:00 pm EST
External Transfers – Next day processing 9:00 pm EST

Statements:

All payments and transfers completed through your use of the Service will appear on the applicable account statement. Your statement will be provided either as a paper statement, or as an eStatement delivered to you via secure log in to the Service.

Privacy:

The information you supply to us via the Service as well as your account information is covered by the Bank’s Privacy Policy as amended from time to time. Information that you supply to others may not be covered by the Bank’s Privacy Policy and is disclosed solely at your own risk.
Applicable Law:
Regardless of where you live, work or access this Service, the Agreement, any enrollment form, and your deposit relationship with us will be governed by the substantive lase (excluding laws of conflict) and regulations of the United States and the State of Virginia.

Modifications:
Change in Terms: This agreement and all other agreements and disclosures relating to your use of the Service may be amended from time to time, but we will provide you notice of such changes or amendments to the extent required by applicable law. Your continuing use of the Services after the changes have been posted or after you have been otherwise notified, if applicable, will constitute your acceptance of the changes to this agreement. If you do not agree to the new terms, you must discontinue your use of the online banking service before the changes take effect. Certain services or features may be subject to additional rules, guidelines and terms that will supplement this agreement. You will be presented with the supplemental terms, if any, at the time you set up or register for such features.

Equipment:
THE BANK DOES NOT GUARANTEE (a) THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING OR (b) AS TO THE SECURITY OF YOUR INTERNET CONNECTION OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO YOUR COMPUTER(S). The Bank is not liable or responsible for any loss or other damage, whether direct or indirect, that you suffer as a result of your telephone service, cable service, or electric service being disconnected, interrupted, or otherwise unavailable; for deficiencies in the quality or speed of your connection; for any defect in the modem, computer or other device you use to connect to the Internet; for any problems with the service quality provided by the service provider you use to connect to the Internet; or, for any problems with Internet capacity. The Bank is not responsible for any damage to the equipment you use to connect to the Internet, or for any other property damage resulting from the use of the online banking service.

Authentication of Internet Transactions:
All registrations, agreements and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. If a further confirmation, such as your signature, is required for any transaction, we will so indicate at the time of the transaction, or we will tell you once we have received the transaction instructions from you.

Severability:
If any part or parts of this agreement are found to be invalid by a change in any applicable law or through any legal proceeding, it will not alter or affect the validity of any of the remaining parts of the agreement, which will remain in full force and effect.

No Unilateral Alterations to This Agreement or Any Enrollment Form by You
:  Neither this Agreement nor any enrollment form may in any way be altered by you without our expressed written agreement. Any attempt by you to alter either this Agreement or any enrollment form without our express written agreement shall be void and shall have no legal effect. You hereby agree to indemnify and hold us harmless from and against all claims, losses, liabilities, penalties’, expenses and punitive and other damages (including without limitation reasonable attorneys’ fees) directly or indirectly resulting from, relating to or arising relating to any successful or unsuccessful attempt by you to alter either this Agreement or any enrollment form without our express written agreement.

New Services:
We may introduce new services from time to time that are available through the Financial Software. By using these new services after they become available, you agree to be bound by all terms and conditions applicable thereto.
Waivers:
No delay or omission by us in exercising any rights or remedies under this Agreement or applicable law shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise of that right or remedy or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Fees and Charges:

You authorize the Bank to assess and deduct fees from your designated account for Services provided under the Agreement as specified in writing by the Bank by means of a periodic statement, account analysis statement or fee letter; or as otherwise agreed by you and the Bank. We may change the Service fees, at any time without notice.  You may be notified of any such change as required by applicable law, either by mail or by an electronic message. We may charge your account for any fees, charges, taxes or pass-through charges charged or incurred by the Bank in respect of the provision of any Service to or on behalf of you.  You agree to reimburse the Bank upon demand if such charges and fees are not paid when due.   Without limiting the generality of the foregoing, you agree that we may impose a fee for research requested by you. You authorize us to deduct all fees from your Primary Account or, to the extent your Primary Account lacks sufficient funds, from any of your other accounts maintained with us. You also acknowledge that these fees are in addition to any costs you incur for the telephone service or Internet service provider you use to access the Service.

Notices:
Your use of the Bank’s Online Banking Service constitutes your agreement to the Consent for Electronic Communications. You agree that we may provide to you required notices, disclosures, agreements and other information concerning your account and the online banking service electronically (collectively, "Notices"). You agree that we can send you Notices (1) to the email address that you provided to us during registration or (2) by posting the Notice on the Web site home page of the applicable service. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you receive the delivery. In order to receive Notices electronically from us, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband) and either a Windows-based operating system with an Internet browser, or a Macintosh-based operating system with an Internet browser for Macintosh (see Software Requirements). You will need a printer attached to your personal computer to print any Notices.

If you would like a paper copy of any periodic statement or other notice, please contact Customer Support at 540-955-2510. You understand and agree that we may charge a fee for each copy you request. You may elect to withdraw consent to receive notices electronically by contacting 540-955-2510. However, if you elect to withdraw consent, we reserve the right to discontinue your access to the online banking services and to convert your account to another type of account with similar features.

Termination:
Use of this website, other than as permitted by this agreement or any other terms and conditions, will result in the immediate termination of your access to online banking services. We reserve the right to terminate your access to or use of this service, or any portion thereof, without notice and without limitation, for any reason, including a violation of the conditions and restrictions in this agreement or any other applicable agreement. We shall have no liability to you for such termination.

You may terminate use of online banking services at any time by calling us at 540-955-2510 or writing to us at:

Bank of Clarke County
PO Box 391
Berryville VA 22611

From time to time, the Bank will terminate and purge those online banking customers who have not accessed or utilized the service for 180 days. Should your access be terminated due to lack of use, you will be permitted to re-enroll.

Termination of your service does not affect your obligations under this agreement for any transactions you have conducted or instructions you have submitted, nor does it affect the terms and conditions of any other products or services you continue to maintain with the Bank.