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Online Access Agreement
New Online Access Agreement (Effective August 1, 2012)
Read this notice carefully and keep a copy for your records.
The following information will be provided electronically:
To access and receive this Agreement and information electronically, you will need: Access to the Internet, an Internet e-mail account/address, a 128 bit browser listed on http://www.auburnbank.com/go/browser-requirements.
You must have access to a computer, to a printer, or the ability to download the Agreement and information, in order to keep copies for your records and satisfy these requirements.
AuburnBank Online and Bill Payment are only available if you accept these notices and disclosures electronically.
This Agreement is also subject to applicable federal laws and the laws of the State of Alabama. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and AuburnBank's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment Form, constitutes the entire agreement between you and AuburnBank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
Definitions - As used in this Agreement, the words we, our, and us, mean AuburnBank. You and yours refer to the account holder authorized by AuburnBank to use Netteller under this Agreement and anyone else authorized by that account holder to exercise control over the account holder’s funds through Netteller. Account or accounts means your accounts at AuburnBank. Electronic funds transfers means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your AuburnBank accounts using Netteller including bill payments. Netteller Services means the services provided pursuant to this Agreement, including the Netteller Bill Pay. Business days means Monday through Friday. Holidays are not included.
Access to use Netteller - You must have at least one eligible account at AuburnBank, access to Internet service, and an e-mail address. Once we have processed your Enrollment Form, and verified your account information, we will send you, either by e-mail or by postal mail, confirmation of our acceptance of your enrollment, along with your assigned log-in ID and temporary Personal Identification Number(PIN). Netteller can be used to access any of your AuburnBank checking, saving, certificate of deposit, loan accounts and safe deposit boxes. If you do not wish an account to be displayed or if an account is not shown that you want displayed, please contact AuburnBank. Access to your accounts through Netteller will be based upon the identification of users and authority levels specified by you in your Enrollment Form. We undertake no obligation to monitor transactions through Netteller to determine that they are made on behalf of the account holder.
Netteller Services - You can use Netteller to check the balance of your AuburnBank accounts, view AuburnBank account histories, transfer funds between your AuburnBank accounts, make stop payment requests, view checks, and download information about your accounts to financial money management software. You may also pay bills from your AuburnBank accounts in the amounts and on the dates you specify if you have requested the Netteller Bill Pay service on your Enrollment Form.
Hours of Access - You can use Netteller seven days a week, twenty-four hours a day, although some or all Netteller services may not be available occasionally due to emergency or scheduled Netteller maintenance. We agree to post notice of any extended periods of non-availability on the AuburnBank web site.
Your Personal Identification Number(PIN) - For security purposes, you are required to change your PIN upon your initial login to Netteller. You determine what PIN you will use and the identity of your PIN is not communicated to us. You agree that we are authorized to act on instructions received under your PIN. You accept responsibility for the confidentiality and security of your PIN and agree to change your PIN regularly. Upon three unsuccessful attempts to use your PIN, your Netteller account will be locked. You must contact us to have your account unlocked.
We recommend that you create a PIN that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your PIN should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.
Security - You understand the importance of your role in preventing misuse of your accounts through Netteller and you agree to promptly examine your paper statement for each of your AuburnBank accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your login ID and PIN are intended to provide security against unauthorized entry and access to your accounts. Data transferred via Netteller is encrypted, (with the exception of e-mail), in an effort to provide transmission security and Netteller utilizes identification technology to verify that the sender and receiver of Netteller transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that Netteller is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing AuburnBank Netteller, or e-mail transmitted to and from us, will not be monitored or read by others.
Fees and Charges - You agree to pay the fees and charges for your use of Netteller services as set forth in the current fee schedule listed below. You agree that all such fees and charges will be deducted from the AuburnBank checking account designated on your Enrollment Form. If you close this Checking Account, you must contact us immediately to designate another account as your Primary Checking Account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of Netteller.
Overdrafts - (Order of Payments, Transfers, and other Withdrawals) If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:
a. Electronic funds transfers involving currency disbursements, like ATM withdrawals and Point of Sale payments, will have priority;
b. Electronic fund transfers initiated through Netteller which would result in an overdraft of your account may, at our discretion, be cancelled;
c. In the event the electronic fund transfers initiated through Netteller which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
Limits on Amounts and Frequency of Netteller Transactions - The number of transfers from AuburnBank accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
Stop-Payment Requests - You may initiate stop-payment requests online via Netteller only for paper checks you have written (non-electronically) on your AuburnBank accounts (not Netteller Bill Pay paper drafts.) Customer may use the stop payment service to stop payment of checks drawn on its checking accounts with Bank (the “Checking Accounts”), as provided in this Agreement. You may stop payment of a check drawn on a Checking Account (the “Check”) by entering the required information on AuburnBank Online in time for Bank to have a reasonable opportunity to act on the order before the earlier of the time the check has been paid by Bank or Bank’s stop-payment cutoff time. Bank’s stop-payment cutoff time is 5:00 p.m. Central Time on the Banking Day on which Bank receives the check; or noon Central Time on a Banking Day during which Bank closes prior to 5:00 p.m. You and Bank agree to conduct this Service electronically and intend that stop payment orders transmitted by AuburnBank Online be considered written stop payment orders. You may issue stop payment orders without using AuburnBank Online, as provided in the Account Agreement.
Disclosure of Account Information and Transfers - You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we may inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to Netteller. You agree and hereby authorize all of these transfers of information.
Bill Payment Service.
(i) Bank’s Responsibility in the Event of Failure to Make a Scheduled Payment. If Bank does not properly complete a bill payment on time or in the correct amount, Bank will pay any late fees or finance charges (up to $50.00) as long as the payee account was in good standing with the merchant or payee prior to this incident. Bank shall not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that Customer has not scheduled properly or the payee has not posted properly, including any applicable finance charges and late fees. In addition, we will not be liable if any third party through whom any bill payment is made fails to properly transmit the payment to the intended payee. Bank will also not be liable if there are insufficient funds or credit availability in the Payment Account and/or overdraft protection plan; if a legal order directs Bank to prohibit withdrawals from the payment account; if the payment account is closed or frozen; or if any part of the electronic funds transfer system is not working properly. Bank will not be liable for indirect, special, or consequential damages arising out of the use of the bill payment service.
Change in Terms - We may change any term of this Agreement at any time. If the change would result in increased fees for any AuburnBank service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or Netteller. We will post any required notice of the change in terms on the AuburnBank web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or Netteller, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject Netteller services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments - Contact us as soon as you can, if you think your paper statement is wrong, or if you need more information about a transfer listed on your paper statement. We must hear from you no later than 60 days after we sent the FIRST paper statement upon which the problem or error appeared. When you contact us:
(1) Tell us your name and account number.
If you contact us by telephone or by e-mail, we will require that you send us your complaint or question in the form of a paper writing, including the enumerated information above, by postal mail or fax within 10 business days.
We will communicate to you the results of our investigation within 10 business days after you contact us and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for point-of-sale or foreign-initiated transactions, or transactions within 30 days after the first deposit to the account) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) business days for the amount you think is in error or within twenty (20) business days in place of ten (10) business days if a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made. 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 if WE DO NOT receive it in the form of a paper writing within 10 business days, we will not provisionally credit your account.
If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation and within the error resolution time frame. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your account.
Our Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
(1) If, through no fault of ours, you do not have enough money in your account to make a transfer.
Your Liability for Unauthorized Transfers - CONTACT US AT ONCE if you believe your PIN has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your PIN, you can lose no more than $50 if someone used your PIN without your permission.
If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your PIN, and we can prove we could have stopped someone from using your PIN to access your accounts without your permission if you had told us, you could lose as much as $500.
Also, if your paper statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the time periods.
Disclaimer of Warranty and Limitation of Liability - We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Netteller services provided to you under this Agreement. We do not and cannot warrant that Netteller will operate without errors, or that any or all Netteller services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to Netteller, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of AuburnBank and its affiliates exceed the amounts paid by you for the services provided to you through Netteller.
Your Right to Terminate - You may cancel your Netteller service at any time by providing us with written notice by postal mail or fax. Your access to Netteller will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate - You agree that we can terminate or limit your access to Netteller services for any of the following reasons:
1. Without prior notice, if you have insufficient funds in any one of your AuburnBank accounts. Netteller service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
E-mail – firstname.lastname@example.org
Consent to Electronic Delivery of Notices - You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the AuburnBank web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.
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