Online Banking Electronic Funds Transfer Disclosure
This agreement with Cross County Savings Bank Online Banking ("Agreement") is entered into between the Bank and any customer who uses Cross County Savings Bank's Online Banking and Bill Pay services. This Agreement governs the terms and conditions for your use of Online Banking. Your Checking and Savings Accounts are governed by the "Bank's Deposit Account and Electronic Funds Transfer Agreement." Please refer to that Agreement for information regarding your Accounts.
Customer is defined as the individual utilizing the services of Online Banking.
Account is defined as the Checking Account the Customer designates as their Primary Account for Online Banking to pay bills and have service charges deducted. For business customers, only the Business Checking Account may be used as a Primary Account.
Bank is Cross County Savings Bank.
Business Day means every day, except Saturdays, Sundays and Federal and State holidays.
Initiated Date is the date upon which the Customer instructs the Bank to execute a transfer(s) or pay a bill(s).
Insufficient Funds means that the amount of funds in an Account is less than the amount of an item or transaction being presented for payment or execution.
In Transit payment is a bill payment, which has been initiated by the customer and payment may or may not have been received by the payee.
Online Banking is the proprietary software that provides access to Accounts via Online Banking and Bill Pay services.
Primary Account see definitions of Account above.
Service means Online Banking.
Unavailable Funds means that the amount of available funds in the Account is less than the amount of an item or transaction being presented for payment or execution.
We, us, our mean the Bank.
You, your mean each Customer of Online Banking.
This Agreement contains the terms and condition of Online Banking. If you use Online Banking, or permit another person to use Online Banking, each party agrees to the Terms and Conditions stated in this Agreement.
You authorize the Bank and appropriate third parties to debit, transfer and process instructions initiated at your PC.
Personal and Commercial Deposit Account Agreement. The terms and conditions of any Personal Deposit Account Agreements or Commercial Deposit Account Agreements you have with us, including your signature card, Personal Accounts Disclosures & Schedule of Fees booklet, the accompanying schedules, other Account disclosures and any change of terms of notices is part of this Agreement.
Electronic Fund Transfers Act. Some of the transactions permitted under this Agreement are governed by the Electronic Funds Transfer Act, and some of the terms and conditions of this Agreement are disclosed as required by the Act. Business Account holders are not entitled to those rights provided to Consumers by the Electronic Fund Transfer Act. Therefore, the Electronic Fund Transfer Disclosure is not applicable to Business Accounts.
3. Terms and Conditions
Cross County Savings Bank hereby publishes the following terms and conditions for the customer's use of the Internet to access Cross County Savings Bank via Online Banking. The Bank reserves the right to modify these terms and conditions at any time, effective upon publication. The Customer's use of the Online Banking service constitutes agreement to these terms and conditions and any modification thereof.
You agree that the following uses of Online Banking are strictly prohibited:
Use of Online Banking for wire transfer of funds;
Unauthorized communication of any charge or credit card information belonging to any other person or entity;
Unauthorized communication of any information concerning any password or other online access number, code, or identification or any other proprietary information belonging to any other person or entity.
Use of Online Banking to copy, distribute or transmit copies of copyrighted materials belonging to any other person or entity is permitted only to the extent that the owner has provided express permission to the Customer permitting such activity. Copying, distributing or transmitting copyrighted materials, other than with permission as specified above is expressly prohibited.
Communicating any obscene or defamatory information including but not limited to online bulletin boards or in conjunction with conferences or e-mail; or
Use of Online Banking in violation of any telecommunication, postal or other local laws or regulations of the Customer's country of origin or the United States, or in furtherance or commission of any crime or other unlawful or improper purpose.
You agree to indemnify, hold harmless, and defend Cross County Savings Bank from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable attorney, Accountant and expert witness fees and other associated costs) at Customer's sole expense, arising from Customers failure to abide by these restrictions on use of the Online Banking service.
Cross County Savings Bank and its suppliers make no warranties or representation of any kind with respect to Online Banking whether expressed or implied, including but not limited to merchantability or fitness for particular purpose. Neither Cross County Savings Bank nor its suppliers nor anyone else who has been involved in the creation, production or delivery of Online Banking assume any responsibilities with respect to Customer's use thereof. No oral or written information or advice given by Cross County Savings Bank or its suppliers or any of their employees shall create a warranty or in any way increase the scope of this warranty. The Customer may not rely on such information or advice.
Any cause of action concerning Online Banking under this Agreement must be commenced within one year after such cause of action has occurred.
The foregoing constitutes Cross County Savings Bank sole and exclusive liability to the Customer with respect to your use of Online Banking.
Customer further agrees:
Transmission of confidential business and sensitive personal information is at your sole risk.
Cross County Savings Bank reserves the right to monitor and review electronic transmissions online and in storage, and to remove or reject any material which Cross County Savings Bank, at its sole discretion, believes may be unlawful or objectionable, without prior notice to you.
Cross County Savings Bank hereby publishes the following terms and conditions for the Customer's use of bill payment services via personal computer or any other device as may be offered by Cross County Savings Bank. Cross County Savings Bank reserves the right to modify these terms and conditions at any time, effective upon publication. Customer's use of bill payment services constitutes agreement to these terms and conditions and any modification thereof.
You agree to accurately follow product use instructions contained within the Online Banking tutorial and help screens available on the Internet.
You agree to schedule bill payments (payment transaction date) at least five (5) business days before the due date, not including any grace period.
You agree to provide correct payee name, address, Account information and payment amount.
You agree to maintain sufficient available funds in the Checking Account on the payment initiated date.
You agree to notify Cross County Savings Bank or its authorized agent immediately after you receive the FIRST bank statement on which you believe a problem or error occurred.
Online Banking may not be used to transmit alimony, child support or other court-directed payments or tax payments.
If a payee is paid late and you have followed the terms of this agreement, the Bank will reimburse you for any late payment fees incurred and provide you with a letter acknowledging that the late payment occurred through no fault of yours.
4. Included Accounts
To use Online Banking, individual customers must have at least one Deposit Account; business customers must have at least one Business Account with Cross County Savings Bank. The Checking Account you designate at the time you enrolled in Online Banking will be the Checking Account from which all bills will be paid. Any other charges associated with the Service will also be deducted from the designated Account. Accounts with certain restrictions such as two signatures required should not be accessed through the Online Banking services and you agree not to do so. However, if you do, you agree that we may process any transactions without regard to the restriction. You understand that access to the linked accounts, including the ability to initiate Payments through our Bill Pay Service will occur without regard to any withdrawal restrictions otherwise applicable to the accounts. You agree that any arrangement with us to require one or more authorized signatures for transactions involving your accounts do not apply to transactions using the Online Banking Services or Electronic Banking Services.
You will also have access to updated balance and transaction information for all Cross County Savings Bank Deposit and Loan Accounts you choose to include in the Online Banking service.
5. Online Banking Functions
You may use Online Banking to (1) transfer funds between your Accounts, (2) obtain Account balances and transaction information for your included Deposit and Loan Accounts. These features of Online Banking are limited to the extent of, and are subject to the terms noted below:
You may transfer funds via Online Banking between your Checking and Savings or Money Market Accounts only. We reserve the right to limit the frequency and dollar amount of transactions between your Accounts for security reasons. Your ability to transfer funds between certain Accounts may be limited by applicable Federal and State Law.
Transfers from joint Accounts where the joint Account holder has not provided written authorization for access through Online Banking are not allowed. However, information on those Accounts may be viewed in Online Banking.
Transfers to pay loans through Online Banking shall be applied in the manner stated in the note for the loan.
Funds transfers initiated after 3:00 p.m. EST will be made on the following business day.
The Account information that you access via Online Banking will generally be current as of the previous Business Day. Information will be accessible for six months.
Electronic mail will not necessarily be received immediately. Therefore, do not rely on electronic mail if you need to communicate with us immediately. We will not take action on your e-mail request until we actually receive your message and have a reasonable opportunity to act.
6. Bill Pay Functions
You may use Bill Pay to make payments from your Checking Account. To pay bills using Bill Pay you must use your PC to authorize a payment to a particular payee. Your payment will be made, either by transferring funds electronically to the payee, or by sending the payee a paper check. The appropriate funds will be withdrawn from your Checking Account within two business days of the day you initiate payment.
Payments can only be made to payees with United States addresses. While most payees can be paid using Bill Pay, we reserve the right to refuse to pay certain payees.
You agree that your Online Banking Password is your signature authorization to make payments as requested through Online Banking. When you enter your password and transmit a payment instruction, you authorize us to reduce your Checking Account accordingly.
You may use Bill Pay to authorize recurring payments in order to pay recurring bills. These payments must be for the same amount each month and will be paid on the same calendar date of each month, or the following business day if the regular payment falls on a weekend or holiday.
When you have transmitted payment instruction, you authorize us to reduce the funds in your Checking Account accordingly. If there are insufficient or uncollected funds in the Account to make payments, we may either refuse to pay the item or we may make the payment. In either event you are responsible for any non-sufficient funds (NSF) or uncollected funds charges we may impose, as stated in the Deposit Agreement. We also reserve the right to refuse to honor payment requests that reasonably appear to us to be fraudulent or erroneous. By overdrawing the customer's Account the Bank shall not be obligated to honor any future overdrafts.
Your ability to make transfers and/or bill payments through the Online banking service may be blocked if you have had activity which has overdrawn your Account or where the Bank has executed a bill payment or funds transfer, which the bank has not received sufficient funds to cover those payments and/or transfers.
When using Bill Pay you should enter and transmit your bill payment instructions at least five (5) business days before a bill is due. It is your responsibility to initiate your payments in such a manner that your bills may be paid on time. You are responsible for any late payment or finance charges that may be imposed as a result of your failure to transmit payment instructions at least five (5) business days in advance.
If you wish to stop a payment your previously authorized, you must take the following steps:
Pending payments not yet processed (prior to the initiated date).
In the event you wish to stop a requested payment from being processed, you will need to do the following:
Click the pending icon. The payment list screen will be displayed.
Select the payment that you wish to stop and click on the Delete payment button. A confirmation message box will appear, allowing you to confirm that this is the payment on which you wish to put a stop.
Click OK. If the payment has not been transmitted to the bill payment service, the payment record is automatically deleted and will be removed from the payment list.
Online stop payment requests will be accepted up until the processing cutoff time of approximately 3:00 pm on the date initiated.
If you need to stop payment on a payment made via Online Banking and the payment is "In Transit" (after the initiated date) you must call the Help desk at 718-651-4600. Please have the following information available to facilitate the processing of your request:
- Subscriber name
- Requested bill payment date (the date the payment was set up to be initiated)
- Transmission date (the date the payment was entered and transmitted via PC)
- Payee name
- Payee's account number
- Dollar amount of the payment
- Reason for Stop Payment
Please note that if the payment was made electronically or the payee has received the payment we will not be able to place the stop payment regardless of whether or not the funds have been debited from your Account.
7. Security Password
For security reasons, you will be required to immediately change your initial password the first time you use Online Banking. You agree to keep this number confidential to prevent unauthorized access to your Accounts and to prevent unauthorized use of Online Banking.
To help safeguard your Accounts, you should change your password frequently. If you forget your password, you must call the Help Desk at 718-651-4600.
8. Charges for Online Banking
You agree to pay any and all fees associated with these services and for other services utilized through Online Banking as outlined in the Bank's Personal Accounts Disclosures & Schedule of Fees for both consumers and businesses.
Once you apply and are approved for Online Banking, you will be charged all fees whether or not you use the service.
You authorize us to deduct all applicable Online Banking fees from your Checking Account. We may change or add fees for Online Banking at any time with 30 days prior written notice. Until such notice, fees in the Personal Accounts Disclosures & Schedule of Fees provided to you will apply.
9. Reporting Unauthorized Transactions
If you believe that an unauthorized transaction has been made in your Account, telephone us immediately at 718-651-4600 or write to:
80-10 Eliot Avenue
Middle Village, NY 11379
The Electronic Funds Transfer Disclosure (Regulation E) contains instructions on the information you should provide when reporting an unauthorized transaction. That section also includes important information on how you may limit your liability for unauthorized transactions, please read it thoroughly.
10. Periodic Statements
We will mail or deliver to you periodic statements for your Accounts as provided in the Deposit Agreements. In addition to reflecting your other Account activity, your statements will include any transfer or bill payments you authorized using Online Banking. It is your responsibility to notify us immediately if you detect an error on your periodic statement.
11. Customer Responsibility
You are responsible for all transfers and bill payments you authorize using Online Banking. If you permit other persons to use your password to perform transactions you are responsible for any transaction they authorize from your Account.
You should notify us immediately if you believe any of your Accounts have been accessed or your password has been used without your permission. Contacting the Bank right away will help you reduce possible losses.
12. Bank's Responsibility
We are responsible for processing your instructions and requests. However, we will not be liable:
- if you do not have adequate money in an Account to complete a transaction from that Account or if that Account has been closed;
- if you have not properly followed the instructions on how to make a transfer or bill payment;
- if you have not given us complete, correct and current instructions so that we can make a transfer or bill payment;
- if you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due;
- if we make a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt;
- if withdrawals from any of your Accounts have been prohibited by a court order such as a garnishment or other legal process;
- if your computer or software is not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or bill payment;
- if losses or delays in transmission of instructions arising from the use of any Access Service Provider or caused by any browser software;
- if the U.S. Postal service causes a delay; or
- if circumstances beyond our control prevent making a transfer of payment, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, telecommunications outage, postal strikes, delays caused by payees, fires and floods.
This is not all-inclusive. You should refer to your Deposit Account Agreement and Disclosures for other exceptions to our liability.
13. No Signature Required
When using Online Banking to pay bills, payment may be in the form of a paper draft. You agree that we may debit your Checking Account to pay paper drafts that you have not signed. Use of your Online Banking password is your signature authorization.
14. Changes to this Agreement
We may change this Agreement at any time.
Changes to this Agreement will be effective immediately after we make them, unless applicable law requires us to give you advance notification. Those changes will be effective immediately after advance notice has been issued or upon the date stated in such notice, as required by applicable law.
You may obtain a copy of any current agreement by calling us at 718-651-4600 or by writing to:
80-10 Eliot Avenue
Middle Village, NY 11379
We can assign our rights and delegate our duties under this Agreement to a company affiliated with us or to any other party. You may not assign your rights or duties to anyone else.
Either you or we may terminate this Agreement and your Online Banking enrollment at any time upon giving written notice of the termination to the other party. If you terminate Online Banking, you authorize us to continue making transfers and bill payments you have previously authorized until such time as we have had a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further transfers of payments from your Accounts, including any transfers or payments you have previously authorized. However, you must cancel any automatic recurring payments on line prior to termination, otherwise we will continue to make such payments. If we terminate your use of Online Banking, we reserve the right to make no further transfers or payments from your Account, including any transactions you have previously authorized.
If you discontinue using Online Banking for 6 consecutive months, we reserve the right to delete your Online Banking user name and password from the system. The termination of your Online Banking access will not affect your Deposit or Loan Accounts.
In the event any one or more of the provisions of this Agreement shall for any reason be deemed to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.
19. Governing Law
This Agreement shall be governed by the laws of the State of New York and, where applicable, by Federal Law.
Types of available transfers and limits on transfers you may use Online Banking to:
Transfer available funds between the following types of Accounts:
- Personal Checking Account
- Money Market Deposit Account
- Statement Savings Account
- Holiday Club Account
- Business Savings Accounts
- Business Checking Account
Request the balance in your account.
Pay bills to third parties using the Bill Pay service.
Transfer money from your Checking Account to make loan payments for loans you have with Cross County Savings Bank.
Funds transfers are limited to $9,999.99 per single transaction per business day. Accounts with current stop payments outstanding may not be able to transfer funds using Online Banking. Transfers between Deposit Accounts with Cross County Savings Bank from Money Market Accounts are limited to six per statement cycle.
There may be certain charges which apply to the use of the Online Banking service. A list of these charges is contained in the Bank's Personal Accounts Disclosure & Schedule of Fees.
Your Account(s) remain subject to the Bank's standard monthly fees as well as fees for miscellaneous services. Refer to Personal Accounts Disclosure & Schedule of Fees.
You will receive a monthly Account statement of your Checking Account and Statement Savings Account. If no transfers occurred in your Statement Savings Account in a particular month you will receive a statement at least quarterly.
You may stop scheduled payments from your Account at any time. To do so, follow Section 6 of the Online Banking Agreement or contact the help desk at the number and address noted in Section 9. To limit your liability for these transactions you must initiate your stop payment request 3 or more business days before the payment is scheduled to be made. If you call we may require you to put your request in writing and get it to us within 14 days. There is no charge for the stop payments if you use the Online Banking software to stop the payment. If you call us to stop the payment we may charge you our normal stop payment fee for each stop payment order. Refer to the Bank's schedule of fees for the current amount.
If you follow the instructions in Section 6 of the Online Banking Agreement in order to stop one of your bill payments and the Bank fails to stop the payment of that item, we will be liable for your losses or damages.
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 liable for your losses or damages. However, there are some exceptions. We will not be liable:
- If through no fault of ours you do not have enough available money in your Account to make the transfer.
- If the terminal or system was 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.
There may be other exceptions stated in our agreement with you.
I have read the EFT Disclosure displayed and agree to the terms and conditions.