StonehamBank Online Banking (OB) Agreement and Disclosure Terms and Conditions
StonehamBank – A Co-operative Bank (“we”, “our”, “us”, “StonehamBank” or “bank”) hereby publishes the following terms and conditions for User’s use of OB. The OB services include bill payment and limited banking transactions, which are provided by Metavante Corporation, on behalf of StonehamBank. The Bank reserves the right to modify these terms and conditions at any time, effective upon publication, and reserves the right to monitor and review transmissions on-line and in storage, and to remove or reject any material which the Bank, at its sole discretion believes may be unlawful or objectionable, without prior notice to User. User’s use of the OB services constitutes agreement to these terms and conditions and any modification thereof. User authorizes us to use FIS to provide the services to you on our behalf.
PLEASE RETAIN A COPY OF YOUR STONEHAMBANK ELECTRONIC FUNDS TRANSFER (EFT) FORM FOR YOUR RECORDS. THE FORM WILL CONSTITUTE YOUR AUTHORIZATION FOR US TO MAKE RECURRING PAYMENTS OR TRANSFERS VIA THE SERVICES ON YOUR BEHALF.
On your application form you may designate a StonehamBank checking account or account(s) that you wish to use for the bill payment. You may not choose a savings account or money market account for the bill payment services.
You may make payments to any merchant that agrees to accept payments through OB. It is your responsibility to schedule your payments sufficiently in advance of the due dates. The date the merchant credits the payment depends upon the merchant’s payment processing procedures, and StonehamBank will not be responsible for any delay in crediting the payment, which is the result of the merchant’s payment processing procedures or delays in delivery to the merchant caused by the U.S. Postal Service.
You may initiate a single or recurring transfer to or from your StonehamBank account(s). Transfers are posted at the time you make them. You may make unlimited payments to StonehamBank’s loan accounts. In accordance with federal regulations, transfers from a money market account to another account or to third parties by preauthorized, automatic, telephone, or computer transfer or by check or similar order to third parties are limited to six per statement cycle. For details, refer to your Important Account Information Disclosure.
User further agrees to the following
User agrees that the following uses of the OB services are strictly prohibited. User agrees to indemnify, hold harmless, and defend the Bank against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses) at User’s sole expense, arising from User’s failure to abide by these restrictions on use of the IB services or resulting from or arising out of any unlawful or unauthorized requests for funds transfer or in failing or refusing to make any requested transfers.
WE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED BY YOUR EQUIPMENT OR SOFTWARE.
Your user identification number and Password are confidential. These identifiers are for your personal use and should not be disclosed to any other person. We will not be liable if you voluntarily give your User I.D. and Password to a person who makes transactions via the Internet. The account owner(s) agree(s) to notify the Bank immediately if they become aware that an unauthorized individual has knowledge of the access code.
User further agrees that transmission of confidential business and sensitive personal information is at Customer’s sole risk.
User agrees to notify the Bank or its authorized agent no later than 60 days after User receives the FIRST statement on which User believes a problem or error occurred
In Case of Errors or Questions about Your Electronic Transfers
If you think your statement or receipt is wrong, or if you need more information about a transfer listed on the statement or receipt, call or write to us as soon as you can at (888) 402-2265, during normal business hours (excluding holidays) or write to:
StonehamBank – A Co-operative Bank
80 Montvale Ave.
Stoneham, MA 02180
We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (5 business days for Visa Cash & Check Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) 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 if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for Visa Cash & Check Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within 3 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.
This service is provided to you by StonehamBank – A Co-operative Bank (“StonehamBank”) and powered by a Third Party (the “Licensor”) mobile technology solution. Section A of these End User Terms is a legal agreement between you and StonehamBank. Section B of these End User Terms is a legal agreement between you and the Licensor.
Thank you for using StonehamBank Mobile Banking. In case of questions please contact customer service at email@example.com or call 1-888-402-2265.
Terms and Conditions
1. No Rights Against Third Parties. The services are provided by StonehamBank and not by any other third party. You and StonehamBank are solely responsible for the content transmitted through the text messages sent to and from StonehamBank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)
2. Use of Services. Mobile Banking will not work unless you use it properly. You accept responsibility for making sure that you understand how to use Mobile Banking before using, and that you always use Mobile Banking in accordance with any online instructions that may be delivered to you. You also accept responsibility for making sure that you know how to properly use your mobile device and the Mobile App. From time to time StonehamBank may change, upgrade, or add new features to Mobile Banking. In the event of such changes, you are responsible for making sure that you understand how to use the updated or changed version of the Mobile App. StonehamBank will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your mobile device.
3. Relationship to Other Agreements. You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with the Bank. You also agree that you will continue to be subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider (e.g., AT&T, Verizon, Sprint, T-Mobile, etc.), and that these terms and conditions do not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Mobile Banking, including while downloading the Mobile App, receiving or sending Mobile Banking text messages, or other use of your mobile device when using the Mobile App or other products and services provided with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service carrier or provider is responsible for its products and services, and that your mobile service carrier is not the provider of Mobile Banking. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving the Bank. You also agree that if you have any problems with Mobile Banking, you will contact the Bank directly.
4. Mobile Remote Deposit Capture and Online Check Deposit (collectively Mobile Remote Deposit Capture).
(a) Description. The mobile remote deposit capture services are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning checks using your mobile phone, tablet, flatbed scanner, or other device and delivering the images and associated deposit information to StonehamBank or its designated processor.
(b) Limitations of Mobile Remote Deposit Capture. When using mobile remote deposit capture, you may experience technical or other difficulties. StonehamBank cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. StonehamBank reserves the right to change the qualifications at any time without prior notice. StonehamBank reserves the right to change, suspend or discontinue mobile remote deposit capture, in whole or in part, or your use of mobile remote deposit capture, in whole or in part, immediately and at any time without prior notice to you. StonehamBank reserves the right to impose limits on the amount(s) and/or number of deposits that you transmit using mobile remote deposit capture and to modify such limits from time to time.
(c) Eligible items. You agree to scan and deposit only checks as that term is defined in Regulation CC promulgated by the Board of Governors of the Federal Reserve System (“Reg CC”). You agree that the image of the check transmitted to StonehamBank shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Massachusetts. You agree that you will not use mobile remote deposit capture to scan and deposit any checks or other items as shown below:
· Checks or items payable to any person or entity other than you;
· Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder;
· Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
· Checks or items previously converted to a substitute check, as defined in Reg CC;
· Checks or items drawn on a financial institution located outside the United States;
· Checks or items that are remotely created checks, as defined in Reg CC;
· Checks or items not payable in United States currency;
· Checks or items dated more than 6 months prior to the date of deposit; or
· Checks or items prohibited by StonehamBank’s current procedures relating to mobile remote deposit capture or which are otherwise not acceptable under the terms of your Account Agreement.
(d) Image Quality. The image of an item transmitted to StonehamBank using mobile remote deposit capture must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve System, or any other regulatory agency, clearing house or association.
(e) Endorsements and Procedures. You agree to restrictively endorse any item transmitted through mobile remote deposit capture as “For deposit only, StonehamBank” or as StonehamBank may otherwise instruct you. You agree to follow any and all other procedures and instructions for use of mobile remote deposit capture as StonehamBank may establish from time to time.
(f) Receipt of Items. StonehamBank reserves the right to reject any item transmitted through mobile remote deposit capture, at StonehamBank discretion. StonehamBank is not responsible for items StonehamBank does not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from StonehamBank that StonehamBank have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
(g) Disposal of Transmitted Items. Upon your receipt of a confirmation from StonehamBank that StonehamBank has received the image of an item, you agree to prominently mark the item as “Electronically Presented” to ensure that it is not represented for payment. You will need to properly shred and dispose of the item after a period of 30 days and, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to StonehamBank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for StonehamBank audit purposes.
(h) Returned Deposits. If an Eligible Item deposited through Mobile Deposit is dishonored, rejected or otherwise returned unpaid for any reason including insufficient funds, then you will receive an image, reproduction or substitute of the Eligible Item and the Bank may set off the amount of the returned Eligible Item by debiting the account into which you deposited the returned Eligible Item or by transferring funds from another account held by you with the Bank. Notifications of delayed availability or return of the deposit may not be available to you through Mobile Deposit or the Application, and may be mailed or sent through other means deemed acceptable by the Bank. You will be responsible for reimbursing the Bank for all loss, cost, damage or expense related to the processing of the returned Eligible Item. You are prohibited from attempting to deposit or otherwise negotiate an Eligible Item through Mobile Deposit if it has been charged back to you. You are solely responsible for verifying the validity of an item returned as forged or counterfeit, and if you suspect that an item is forged or counterfeit then you must not deposit that item using Mobile Deposit. The Bank is not responsible for detecting forged or counterfeit items that you deposit.
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
To be Agreed to by End User Prior to Use of the Downloadable App
1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").
2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.