AuburnBank Online Access Agreement
Effective July 19, 2021
AuburnBank Online Access Agreement for Consumer Accounts
This Online Access Agreement for Consumer Accounts (this "Agreement") governs the services described in this Agreement as well as any additional services described in any Addendum to this Agreement. In this Agreement, the terms "Bank", "we", "our" and "us" refer to AuburnBank. The terms "you" and "your" refer to the account holder authorized by AuburnBank to use the services under this Agreement and anyone else authorized by that account holder to exercise control over the account holder's funds through the services.
Please read this Agreement carefully and keep it for your records. This Agreement covers, among other things:
• The Bank's obligations to you;
• Your obligations as a user of the services;
• The ways in which the Bank may send you notices and disclosures;
• Limitations on the Bank's liability to you; and
• How we may make changes to this Agreement.
YOUR ATTENTION IS DRAWN TO THE ARBITRATION AND WAIVER OF JURY TRIAL PROVISIONS IN SECTION XI. IF A DISPUTE ARISES BETWEEN US, YOU OR WE MAY REQUIRE THAT IT BE RESOLVED THROUGH ARBITRATION, RATHER THAN THROUGH JURY TRIAL.
I. Electronic Records and 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 electronic mail.
The following information may be provided electronically:
1. The AuburnBank Online Access Agreement for Consumer Accounts and any Addenda thereto.
2. All notices to be provided under the Agreement, including, without limitation, notices of changes, suspension, restriction or termination of service.
3. Any disclosures required by law related to this Agreement.
* AuburnBank Online Banking and its related services are available only if you accept this Agreement, notices and disclosures electronically.
* You may, upon request, obtain a paper copy of any document delivered electronically by submitting your request in writing to AuburnBank, 100 N Gay St / PO Box 3110, Auburn, AL 36831. We reserve the right, subject to applicable law, to charge you a fee for providing a paper copy of any document previously delivered to you electronically.
* You may revoke your consent to receive future notices or disclosures electronically by sending us an electronic mail message to onlinebanking@auburnbank.com. Your electronic mail must state that you are withdrawing your consent for future electronic delivery of notices or disclosures and include your name and billing account number. Revoking your consent to receive notices or disclosures electronically will result in cancellation of your access to Online Banking and its services.
* This Agreement is posted on our AuburnBank web site as part of the enrollment process.
* You agree to notify us immediately of any change in your e-mail address by sending us an electronic mail message to onlinebanking@auburnbank.com.
To access and receive this Agreement and other information electronically, you will need, at a minimum:
•Computer with access to the Internet;
•Internet browser that supports 128-bit encryption and is on the following list of supported browsers:
http://info.netteller.com/go/Supported-Browsers
•Adobe Acrobat Reader 6.0 or higher
These are minimum requirements. You may have hardware or software that exceeds these minimums.
You must have (i) sufficient computer memory or disk space to download or (ii) the ability to print this Agreement and any other information delivered electronically, in order to keep copies for your records.
If you have questions about viewing notices or disclosures, or need technical or other assistance concerning these notices or disclosures, you may contact us by telephone at 334-821-9200 or by sending us an electronic mail message to onlinebanking@auburnbank.com.
By accepting this Agreement, you confirm that you consent to receive notices and disclosures electronically and that you are able to access the notices and disclosures described above in electronic form. You also agree that you have the ability to retain copies of the notices and disclosures for your records.
You may print this Agreement by selecting "Print" on your browser's tool bar.
II. Definitions
•"Account" or "Accounts" means those eligible consumer accounts established primarily for personal, family, or household purposes at AuburnBank that we permit you to use with Online Banking.
•"Business days" means Monday through Friday, excluding holidays.
•"Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, and transfers to and from your AuburnBank Accounts using Online Banking and its related services.
•"Online Banking" means the suite of services offered by AuburnBank which allow you to conduct financial transactions via your computer, phone, tablet or other access device including the services described in this Agreement as well as any other services which may be added to this Agreement by Addendum, including, for example, Bill Pay Service, Text Banking Service, Mobile Banking Service and Mobile Remote Deposit Capture Service.
III. Online Banking Services
Online Banking Services - You can use Online Banking 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.
Access to Online Banking - 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, 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 information and temporary Security Code. Online Banking can be used to access any of your AuburnBank Accounts. 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 Online Banking 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 Online Banking to determine that they are made on behalf of the Account holder.
Hours of Access - You can use Online Banking seven days a week, twenty-four hours a day, although some or all services may not be available occasionally due to emergency or scheduled maintenance.
Fees and Charges - You agree to pay the fees and charges for your use of the Online Banking 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 (your "Primary Checking Account"). If you close this checking Account, you must contact us immediately to designate another checking 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 the Online Banking Services.
Online Banking: FREE
Includes in Offering:
No Set-Up Fee.
Access to all your Bank Account information.
View actual checks and deposits.
Check deposits and loan balances.
Transfer funds between Accounts.
Posting of Transfers - Transfers initiated through Online Banking before 6:00 p.m. (Central Time) on a Business Day are posted to your Account the same day. Transfers completed on a Saturday, Sunday, or AuburnBank banking holiday, or made after 6:00 p.m. (Central Time) on a Business Day will be posted on the next Business Day and will not be visible in Online Banking until they are posted. Online Banking identifies transfers based upon the login ID of the user who made the electronic transfer.
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 Online Banking 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 Online Banking 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 Online Banking Transactions - The number of transfers from AuburnBank Accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable Account 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 Online Banking only for paper checks you have written (non-electronically) on your AuburnBank Accounts. You may stop payment of a check drawn on your checking Account (the "Check") by entering the required information in Online Banking 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. The Bank's stop-payment cutoff time is 5:00 p.m. (Central Time) on the Business Day on which Bank receives the check; or noon (Central Time) on a Business Day during which Bank closes prior to 5:00 p.m. (Central Time).
You and Bank agree to conduct the stop-payment service electronically and intend that stop payment orders transmitted by Online Banking be considered written stop payment orders. You may issue stop payment orders without using Online Banking, as provided in your applicable Account agreement.
A stop-payment order must precisely identify: (a) the checking Account number; (b) the number, date and exact amount of the Check; and (c) the payee of the Check. A stop payment order will remain in effect until the date designated in the order, which date may not be sooner than six months after the date of the initial order to stop payment. If no expiration date is designated in the order, the stop payment order will remain in effect for six (6) months after the date the order first became effective. You agree that any authorized user may issue a stop payment order, regardless of which authorized signer signed the Check or whether more than one authorized signer is required to draw on the checking Account. Any authorized signer may release a stop payment order in writing.
You agree to pay the fees Bank establishes from time to time for the stop payment service and authorize Bank to charge such fees to a checking Account. The per-order stop payment fee is charged at the time of each request. If the checking Account has insufficient funds to cover payment of the fees, Bank may deduct the fees from any other checking Account, savings Account, or other account maintained by you with Bank (in any order in Bank's sole discretion). If the fee is not paid when due, Bank may cancel or suspend the stop payment service.
You agree to defend and hold Bank harmless from and against any loss, damages, and expenses (including attorneys' fees) Bank may incur by reason of Bank's refusal to pay any Check subject to your stop payment order. The person who stops payment agrees to indemnify each depositor or authorized signer who signed or initiated the Check arising out of the stopping of payment. If Bank credits the checking Account after paying a Check over a stop payment order, you agree to assign to Bank in writing all of your rights against the payee or other holder of the item and to assist Bank in legal action against that person.
Periodic Statements - You will not receive a separate Online Banking statement. Transfers to and from your Accounts using Online Banking will appear on the respective periodic statements for your AuburnBank Accounts. You agree that you are responsible for reviewing promptly each periodic statement in order to detect any unauthorized transactions.
IV. Security Codes and Security
You will be provided an identification code for your initial use of Online Banking, during which use you will be required to select or create one or more alphanumeric codes, images, phrases, questions with a matching answer, or other types of security techniques, all of which are referred to together and separately as your "Security Codes". The Bank requires you to use the Security Codes to gain access to Online Banking, and you will not be allowed to access Online Banking without your Security Codes. From time to time, the Bank may require you to select or create different Security Codes and may change the types of security techniques used to access Online Banking. For certain Online Banking services, the Bank may require you to select or create additional Security Codes and/or use other security techniques that the Bank makes available to you. You agree that use of your Security Codes and any other required security techniques will authenticate your identity and verify the instructions you provide to us. You also agree that the Bank may send notices and other communications about its security techniques and your Security Codes, including designations and confirmations of specific Security Codes, to your current address and/or e-mail address shown on the Bank's records. Upon three unsuccessful attempts to use your Security Codes, your access to Online Banking may be locked, in which event, you must contact us to have it unlocked. Additionally, if you do not access Online Banking for ninety (90) days, your Online Banking access will go dormant, in which event, you must contact us to regain access.
You are responsible for protecting the confidentiality and security of your Security Codes. You should memorize your Security Codes rather than writing them down and, where possible, change your Security Codes regularly. In selecting your Security Codes, you should select items that are different from any other security code that you may have for other AuburnBank products or for other secure accounts you have with others. You agree to reveal the Security Codes only to individuals who are authorized signatories on each and every Account. You also agree to review promptly each periodic statement that you receive from the Bank on an Account in order to detect any unauthorized transactions. You understand that anyone who obtains your Security Codes can access your Accounts and may initiate transactions on those accounts. If you permit any other person to use the Online Banking Services, your Security Codes or other means to access your Accounts, you are responsible for all transactions the other person authorizes on any of these accounts and for all online agreements the other person signs or accepts while using the Online Banking Services. The term "person" refers to an individual or an entity. You agree to implement the necessary controls, balancing and reconciliation functions, and audit procedures to protect your Accounts from theft or misuse. Data transferred via Online Banking is encrypted, (with the exception of e-mail), in an effort to provide transmission security, and Online Banking utilizes identification technology to verify that the sender and receiver of Online Banking transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that Online Banking 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 Online Banking, or e-mail transmitted to and from us, will not be monitored or read by others.
V. 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 Online Banking. You agree and hereby authorize all of these transfers of information.
VI. 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 twenty-one (21) days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an Account or Online Banking. 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 an Account or Online Banking, we will notify you of the change in terms within thirty (30) days after the change becomes effective. Your continued use of any or all of the subject Online Banking 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 Account agreements and disclosures.
VII. Error Resolution In Case of Errors or Questions about Your Electronic Funds Transfers - Call us at 334-821-9200, or write to us at AuburnBank, 100 N Gay St / PO Box 3110, Auburn, AL 36831 as soon as you can, if you think your statement is wrong, or if you need more information about a transfer listed on your statement. We must hear from you no later than sixty (60) days after we sent the FIRST statement upon which the problem or error appeared. When you contact us:
(1)Tell us your name and Account number.
(2) Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.
(3) Tell us the dollar amount of the suspected error and date.
(4) If the suspected error relates to a bill payment made via the Bill Pay service (described in an Addendum to this Agreement), tell us the Account number used to pay the bill, payee name, the date the payment was sent, payment amount, confirmation number, and the payee account number for the payment in question. (This information appears on the Bill Payment screen.)
If you contact us by telephone, 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 ten (10) Business Days.
We will communicate to you the results of our investigation within ten (10) Business Days after you contact us and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days for point-of-sale or foreign-initiated transactions, or transactions within thirty (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 ten (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 three (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.
This Section VII only applies to consumer Accounts established primarily for personal, family, or household purposes at AuburnBank.
VIII. Liability 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.
(2) If a legal order directs us to prohibit withdrawals from the Account.
(3) If your Account is closed, or if it has been frozen.
(4) If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
(5) If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
(6) If any electronic terminal, telecommunication device, or any part of the AuburnBank electronic funds transfer system is not working properly and you knew about the problem when you started the transfer.
(7) If you did not enter complete and correct payment information, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
(8) If you have not properly followed the on-screen instructions for using AuburnBank Online Banking or any related service.
(9) If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
Your Liability for Unauthorized Transfers - CONTACT US AT ONCE if you believe your Security Code 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 your 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 two (2) Business Days after you learn of the loss, theft, compromise, or unauthorized use of your Security Code, you can lose no more than $50 if someone used your Security Code without your permission.
If you do NOT contact us within two (2) Business Days after you learn of the loss, theft, compromise, or unauthorized use of your Security Code, and we can prove we could have stopped someone from using your Security Code to access your Accounts without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, contact us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days 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.
If you believe your Security Code has been lost or stolen, call: 334-821-9200 or write: AuburnBank, 100 N Gay St / PO Box 3110, Auburn, AL 36831.
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 Online Banking or any related services provided to you under this Agreement or any Addendum hereto. We do not and cannot warrant that Online Banking will operate without errors, or that any or all Online Banking 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 Online Banking, 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 Online Banking.
This Section VIII only applies to consumer Accounts established primarily for personal, family, or household purposes at AuburnBank.
IX. Termination Your Right to Terminate - You may cancel Online Banking at any time by providing us with written notice by postal mail or fax. Your access to Online Banking will be suspended within three (3) Business Days of our receipt of your instructions to cancel the services. 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 Online Banking for any of the following reasons:
1.Without prior notice, if you have insufficient funds in any one of your AuburnBank Accounts. (Online Banking may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.)
2.Without prior notice, if we believe that your use of Online Banking compromises the security of the Online Banking system or if we believe that your Online Banking access is being used in an abusive or malicious manner.
3. Upon three (3) Business Days' notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account.
4. Upon reasonable notice, for any other reason in our sole discretion.
X. Contact
Communications between AuburnBank and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
E-mail - You can e-mail us by sending an electronic message to onlinebanking@auburnbank.com. (Please note that AuburnBank transactions through Online Banking are not made via e-mail Telephone - You can contact us by telephone at 334-821-9200 Facsimile - You can contact us by fax at 334-887-4650 Postal Mail - You can write to us at: AuburnBank 100 N Gay St / PO Box 3110 Auburn, AL 36831
XI. Dispute Resolution
ARBITRATION - THE PARTIES AGREE THAT ALL DISPUTES, CLAIMS OR CONTROVERSIES IN CONNECTION WITH ANY ASPECT OF THIS AGREEMENT OR ARISING OUT OF OR RELATING TO ANY AGREEMENT OR RELATIONSHIP WITH US OF ANY KIND (WHETHER EXISTING TODAY, PREVIOUSLY EXISTING OR LATER FORMED) SHALL BE SUBMITTED BY EITHER PARTY TO FINAL, BINDING ARBITRATION BY ONE (1) ARBITRATOR REASONABLY ACCEPTABLE TO BOTH PARTIES WITH EXPERTISE RELEVANT TO THE DISPUTE. YOU AND BANK AGREE, UPON WRITTEN DEMAND BY THE OTHER PARTY, TO SUBMIT TO BINDING ARBITRATION ALL DISPUTES, CLAIMS OR CONTROVERSIES, WHETHER BASED ON CONTRACT, FRAUD, TORT, INTENTIONAL TORT, STATUTE, REGULATION, COMMON LAW, EQUITY, OR ANY OTHER LEGAL BASIS OR THEORY, AND WHETHER PRE-EXISTING, PRESENT OR FUTURE, THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR ANY AGREEMENT OR RELATIONSHIP WITH US OF ANY KIND (WHETHER EXISTING TODAY, PREVIOUSLY EXISTING OR LATER FORMED). ANY SUCH ARBITRATION SHALL BE HELD IN THE STATE OF ALABAMA AND SHALL BE CONDUCTED IN ACCORDANCE WITH THE THEN-CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (SUPPLEMENTED BY THE THEN CURRENT CONSUMER-RELATED DISPUTES SUPPLEMENTARY PROCEDURES) AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. IF THE PARTIES CANNOT AGREE UPON AN ARBITRATOR, AN ARBITRATOR SHALL BE SELECTED IN ACCORDANCE WITH SUCH RULES. THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND THE FEDERAL ARBITRATION ACT SHALL APPLY TO THE CONSTRUCTION, INTERPRETATION, AND ENFORCEABILITY OF THIS AGREEEMNT NOTWITHSTANDING ANY OTHER CHOICE OF LAW PROVISION CONTAINED IN THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU AND WE AGREE THAT THERE WILL BE NO ARBITRATION FOR (1) ANY CLAIM FILED BY YOU OR BY US INDIVIDUALLY IN A SMALL CLAIMS COURT OR YOUR STATE'S EQUIVALENT COURT SO LONG AS THE CLAIM REMAINS IN SUCH COURT AND ADVANCES ONLY AS AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) CLAIM FOR RELIEF OR (2) ANY DISPUTE REGARDING THE PROHIBITIONS IN THE "NO CLASS ACTION OR JOINDER OF PARTIES" PARAGRAPH BELOW OR ABOUT THE ENFORCEABILITY OF THE ARBITRATION CLAUSE, EACH OF WHICH SHALL BE RESOLVED BY A COURT AND NOT BY THE ARBITRATOR(S). NOTHING IN THIS ARBITRATION PROVISION SHALL LIMIT YOUR OR OUR RIGHT, WHETHER BEFORE, DURING, OR AFTER THE PENDENCY OF ANY ARBITRATION PROCEEDING, TO EXERCISE ANY SELF-HELP REMEDIES, SUCH AS SET-OFF OR REPOSSESSION AND SALE OF COLLATERAL, OR TO OBTAIN PROVISIONAL REMEDIES (INCLUDING BUT NOT LIMITED TO, INJUNCTIVE RELEF OR INTERPLEADER RELIEF). YOU AND WE AGREE THAT THE TAKING OF THESE ACTIONS OR ANY OTHER PARTICIPATION IN LITIGATION BY YOU OR US DOES NOT WAIVE ANY RIGHT THAT EITHER YOU OR WE HAVE TO DEMAND ARBITRATION AT ANY TIME WITH RESPECT TO ANY SUBSEQUENT OR AMENDED CLAIM FILED AGAINST YOU OR US AFTER COMMENCEMENT OF LITIGATION BETWEEN YOU AND US. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT AND THE CLOSING OF YOUR ACCOUNT.
NO CLASS ACTION OR JOINDER OF PARTIES - YOU CANNOT JOIN TOGETHER IN A DISPUTE WITH ANYONE OTHER THAN PERSONS WHO USE YOUR ACCOUNT. EVEN IF OTHER PEOPLE HAVE DISPUTES SIMILAR TO A DISPUTE THAT YOU AND WE HAVE, THOSE PEOPLE AND THEIR DISPUTES CANNOT BE PART OF ANY ARBITRATION BETWEEN YOU AND US. A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS BETWEEN YOU AND US, AND A CLAIM MAY NOT BE ARBITRATED ON A CLASS ACTION OR OTHER REPRESENTATIVE BASIS.
COSTS - THE PARTY INITIATING THE ARBITRATION SHALL PAY THE INITIAL FILING FEE. IF YOU FILE THE ARBITRATION AND AN AWARD IS RENDERED IN YOUR FAVOR, WE WILL REIMBURSE YOU FOR YOUR FILING FEE. IF THERE IS A HEARING, WE WILL PAY THE ARBITRATION FEES AND COSTS FOR THE FIRST DAY OF THAT HEARING. ALL OTHER ARBITRATION FEES AND COSTS WILL BE ALLOCATED IN ACCORDANCE WITH THE RULES OF THE ARBITRATION FORUM. WE, HOWEVER, WILL ADVANCE OR REIMBURSE FILING AND OTHER ARBITRATION FEES IF THE ARBITRATOR RULES THAT YOU CANNOT AFFORD TO PAY THEM OR FINDS OTHER GOOD CAUSE FOR REQUIRING US TO DO SO, OR IF YOU ASK US AND WE DETERMINE THERE IS GOOD REASON FOR DOING SO. EACH PARTY SHALL BEAR THE EXPENSE OF THEIR RESPECTIVE ATTORNEYS, EXPERTS, AND WITNESSES AND OTHER EXPENSES, REGARDLESS OF WHO PREVAILS, BUT A PARTY MAY RECOVER ANY OR ALL EXPENSES FROM ANOTHER PARTY IF THE ARBITRATOR, APPLYING APPLICABLE LAW, SO DETERMINES.
WAIVER OF JURY TRIAL - THIS PROVISION LIMITS YOUR RIGHTS TO A JURY TRIAL. YOU SHOULD REVIEW THIS SECTION CAREFULLY. IF (1) NEITHER YOU NOR WE SEEK TO COMPEL ARBITRATION OF ANY DISPUTE WE HAVE RELATED TO THIS AGREEMENT, ANY OTHER AGREEMENT OR RELATIONSHIP YOU HAVE WITH US OF ANY KIND (WHETHER EXISTING TODAY, PREVIOUSLY EXISTING OR LATER FORMED), YOUR ACCOUNT, OR ANY TRANSACTIONS INVOLVING YOUR ACCOUNT, OR (2) SOME OR ALL OF THE ARBITRATION CLAUSE IS UNENFORCEABLE AND WE ARE IN A DISPUTE IN A COURT OF LAW, THEN EACH OF US AGREES TO WAIVE ANY RIGHT WE MAY HAVE TO A JURY TRIAL TO THE EXTENT ALLOWABLE UNDER THE LAWS OF THE STATE THAT GOVERN THIS AGREEMENT.
XII. Miscellaneous
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 its Addendums and 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.
Mobile Banking Service Addendum to AuburnBank Online Access Agreement for Consumer Accounts
This Mobile Banking Service Addendum (this "Addendum") contains the terms and conditions for the use of AuburnBank's mobile banking service (the "Mobile Banking Service"). This Addendum shall be considered as part of the AuburnBank Online Access Agreement for Consumer Accounts (the "Agreement") and applies specifically to the Mobile Banking Service available to you under this Addendum. Terms defined in the Agreement shall have the same meaning in this Addendum, unless otherwise stated below.
Unless otherwise noted, if there is any direct conflict between the Agreement and this Addendum, this Addendum will govern the use of the Mobile Banking Service.
Your use of the Mobile Banking Service is also subject to any applicable Account agreement you have with us.
Your use of the Mobile Banking Service constitutes your acceptance of this Addendum. This Addendum is subject to change from time to time. We will notify you of any material change as provided in the Agreement. We reserve the right, in our sole discretion, to add services, eliminate services, or otherwise modify the terms or features of any service. Any change will begin to apply upon the effective date of the change, and will apply only to your future use of the Mobile Banking Service. Your continued use of the Mobile Banking Service will indicate your acceptance of any such changes to the Mobile Banking Service.
1. DESCRIPTION OF SERVICE. Subject to the terms and conditions of this Addendum, the Mobile Banking Service allows you to use a compatible and supported mobile phone and/or other compatible and supported wireless device (a "Wireless Device") to access available Account information, to make payments to eligible payees, and to perform such other transactions as described in the Mobile Banking section of the Online Banking Service. In order to use the Mobile Banking Service, you must first enroll for, and maintain enrollment in, the Online Banking Service, and you must follow our instructions for enrolling and activating your Wireless Device. You also may be required to accept or acknowledge other terms, provisions, or conditions in order to use certain features or functionality of the Mobile Banking Service. Such terms, provisions, and conditions constitute a part of the Mobile Banking Service terms and this Addendum. Cancellation of your enrollment in the Online Banking Service may result in the cancellation of the Mobile Banking Service.
2. USE OF THE MOBILE BANKING SERVICE. When you enroll in the Mobile Banking Service, designated available Accounts and eligible payees and funds transferees linked to you through the use of other services will be accessible through the Mobile Banking Service. The Mobile Banking Service will not work unless you use it properly. You accept responsibility for making sure that you understand how to use the Mobile Banking Service before you actually do so, and then that you always use the Mobile Banking Service in accordance with the instructions we provide. You also accept responsibility for making sure that you know how to properly use your Wireless Device and the Mobile Banking Service software. We may change or upgrade the Mobile Banking Service from time to time. In the event of such changes or upgrades, you are responsible for making sure you that you understand how to use the Mobile Banking Service as changed or upgraded. We will not be liable to you for any losses caused by your failure to properly use the Mobile Banking Service or your Wireless Device. We reserve the right to modify the scope of the Mobile Banking Service at any time. We reserve the right to refuse to execute any transaction you request through the Mobile Banking Service. You agree and understand that the Mobile Banking Service may not be accessible or may have limited utility over some mobile networks, such as while roaming.
3. RELATIONSHIP TO OTHER AGREEMENTS. You agree that when you use the Mobile Banking Service you remain bound by the terms and conditions of all your existing agreements with us (including, but not limited to, the terms and provisions applicable to each service that may be accessible through the Mobile Banking Service) and that the terms of the Mobile Banking Service do not amend or supersede any of those agreements, except as otherwise expressly provided by the terms of the Mobile Banking Service. Any agreement you may have with our affiliates and/or any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider, also remains in full force and effect. You understand that other agreements you may have with us, our affiliates, and/or any unaffiliated service providers may provide for fees, limitations, and restrictions which might impact your use of the Mobile Banking Service (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with the Mobile Banking Service, including while downloading the Mobile Banking Service software, receiving or sending Mobile Banking Service text messages, or other use of your Wireless Device when using the Mobile Banking Service software or other products and services provided through the Mobile Banking Service), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that your mobile service carrier or provider is solely responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or provider directly with such carrier or provider without involving us. You also agree that if you have any problems with the Mobile Banking Service, you will contact us directly.
4. SOFTWARE LICENSE AGREEMENT. Subject to your compliance with the terms of the Mobile Banking Service and the terms of this Addendum, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sublicensable and non-assignable license to download, install and use the Mobile Banking Service software on a Wireless Device within the United States and its territories (the "License"). In the event that you obtain a new or different Wireless Device, you will be required to download and install the Mobile Banking Service software to that new or different Wireless Device. The License shall be deemed revoked immediately upon (i) termination of the Mobile Banking Service, (ii) termination of the Online Banking Service, (iii) your deletion of the Mobile Banking Service software from your Wireless Device, or (iv) notice to you at any time, with or without cause. In the event the License is revoked for any of the foregoing reasons, you agree to promptly delete the Mobile Banking Service software from your Wireless Device. In the event of revocation of the License, your obligations which are accrued and owing or which expressly or by implication survive such revocation, shall survive.
5. ADDITIONAL USAGE OBLIGATIONS. When you use the Mobile Banking Service to access your available Accounts, you agree to the following terms (which terms shall survive any revocation of the License):
a. Account Ownership/Accurate Information. You represent that you are the legal owner of the Accounts and other financial information which may be accessed through the Mobile Banking Service. You represent and agree that all information you provide to us in connection with the Mobile Banking Service is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating the Mobile Banking Service. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
b. Proprietary Rights. You are permitted to use content delivered to you through the Mobile Banking Service only in connection with your proper use of the Mobile Banking Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Mobile Banking Service technology, including, but not limited to, any Mobile Banking Service software or other mobile phone applications associated with the Mobile Banking Service.
c. User Conduct. You agree not to use the Mobile Banking Service or the content or information delivered through the Mobile Banking Service in any way that would (i) infringe any third party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the Mobile Banking Service software, (ii) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Service to impersonate another person or entity, (iii) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), (iv) be false, misleading or inaccurate, (v) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers, (vi) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, (vii) potentially be perceived as illegal, offensive or objectionable, (viii) interfere with or disrupt computer networks connected to the Mobile Banking Service, (ix) interfere with or disrupt the use of the Mobile Banking Service by any other user, or (x) result in unauthorized entry or access to the computer systems of others.
d. No Commercial Use or Re-Sale. You agree that the Mobile Banking Service is for personal use only. You agree not to resell or make commercial use of the Mobile Banking Service.
e. Exercise of Caution. You agree to exercise caution when utilizing the Mobile Banking Service application on your Wireless Device and to use good judgment and discretion when obtaining or transmitting information.
f. Indemnification. Without limiting any of your other obligations to us under this Addendum or the Agreement, and to the extent permitted by law, you agree to protect and fully compensate us and our affiliates and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from your use of the Mobile Banking Service, your violation of any of the terms of the Mobile Banking Service or your infringement, or infringement by any other user of any of your Accounts, of any intellectual property or other right of anyone.
6. MOBILE BANKING SERVICE LIMITATIONS.
a. Loss of Data. Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to the Mobile Banking Service. These difficulties may result in loss of data, personalization settings or other Mobile Banking Service interruptions. Neither we nor any of our service providers assumes responsibility for the timeliness, deletion, misdelivery or failure to store any user data, communications or personalization settings in connection with your use of the Mobile Banking Service.
b. Operational Availability. Neither we nor any of our service providers assumes responsibility for the operation, security, functionality or availability of any Wireless Device or mobile network which you utilize to access the Mobile Banking Service.
c. Errors and Delays. Financial information obtained through the Mobile Banking Service (including, without limitation, any text message alerts) reflects the most recent account information available through the Mobile Banking Service and may not be accurate or current. You agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. Certain features, functions, and services available through other services or at our Online Banking Service website may not be available using the Mobile Banking Service.
d. Nonsupported Carriers and Devices. The Mobile Banking Service may not be available through all mobile service providers and carriers, and some mobile phones and other wireless devices may not be supported as Wireless Devices in connection with the Mobile Banking Service. You are responsible for periodically referring to our website to determine currently supported mobile service providers, carriers, and Wireless Devices and for ensuring that you satisfy all technical requirements for using the Mobile Banking Service.
7. FEES.
AuburnBank does not charge any fees for use of the Mobile Banking Service itself, but you are responsible for any data and text message fees imposed by your mobile service provider that may result from your use of the Mobile Banking Service.
Mobile Remote Deposit Capture Service Addendum to AuburnBank Online Access Agreement for Consumer Accounts
This Mobile Remote Deposit Capture Service Addendum (this "Addendum") contains the terms and conditions for the use of AuburnBank's mobile remote deposit capture service (the "Mobile RDC Service"). This Addendum shall be considered as part of the AuburnBank Online Access Agreement for Consumer Accounts (the "Agreement") and applies specifically to the Mobile RDC Service available to you under this Addendum. Terms defined in the Agreement shall have the same meaning in this Addendum, unless otherwise stated below.
Unless otherwise noted, if there is any direct conflict between the Agreement and this Addendum, this Addendum will govern the use of the Mobile RDC Service.
Your use of the Mobile RDC Service is also subject to any applicable Account agreement you have with us.
Your use of the Mobile RDC Service constitutes your acceptance of this Addendum. This Addendum is subject to change from time to time. We will notify you of any material change as provided in the Agreement. We reserve the right, in our sole discretion, to add services, eliminate services, or otherwise modify the terms or features of any service. Any change will begin to apply upon the effective date of the change, and will apply only to your future use of the Mobile RDC Service. Your continued use of the Mobile RDC Service will indicate your acceptance of any such changes to the Mobile RDC Service.
1. DESCRIPTION OF SERVICE. The Mobile RDC Service allows you to make deposits to a deposit account at AuburnBank that may be used in connection with the Mobile RDC Service (a "Mobile RDC Account") using a compatible and supported mobile phone and/or other compatible and supported wireless device (a "Wireless Device") and the functions within our Mobile Banking application to scan checks and to transmit the images of the checks and associated data to us. In order to use the Mobile RDC Service, you must be enrolled in the AuburnBank Online Banking service and our Mobile Banking service and our Mobile Banking application must be installed on your Wireless Device. You acknowledge and agree that no transaction made through or using the Mobile RDC Service is an "electronic fund transfer" as defined by the federal Electronic Fund Transfer Act and/or Regulation E of the Consumer Financial Protection Bureau.
2. LIMITATIONS OF SERVICE. When using the Mobile RDC Service, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. This Mobile RDC Service has qualification requirements, and we reserve the right to change the qualifications at any time without notice. We reserve the right to change, suspend or discontinue the Mobile RDC Service, in whole or in part, or to terminate your use of the Mobile RDC Service, in whole or in part, immediately and at any time without notice to you.
3. CHECKS. You agree that you will use the Mobile RDC Service only to scan and transmit images of "checks", as that term is defined in Regulation CC of the Board of Governors of the Federal Reserve System ("Reg CC"), for a deposit to your Mobile RDC Account. You agree that the image of any check that is transmitted via the Mobile RDC Service shall be deemed an "item" within the meaning of Article 4 of the Uniform Commercial Code (1990 Official Text). You further agree that you will not use the Mobile RDC Service to scan or transmit any check that: (a) is payable to any person or entity other than you, (b) is drawn or otherwise issued by you on any account you own or have an interest in, or on which you are an authorized signer, (c) is prohibited by our then current procedures pertaining to the Mobile RDC Service or is in violation of any law, rule or regulation, (d) bears any alteration or that you know or suspect, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the check is drawn, (e) is either a "substitute check" (as defined in Reg CC or other applicable federal law or regulation) or an "image replacement document" that purports to be a substitute check, (f) is drawn on a financial institution that is located outside of the United States, (g) is a "remotely created check" as that term is defined in Reg CC, (h) is not payable in United States currency, (i) is dated more than six (6) months prior to the date of scanning and transmission, (j) is payable jointly, unless the check is being deposited to a Mobile RDC Account in the name of all payees on the check, (k) is payable on sight or is a payable through draft, as defined in Reg CC, (l) has any endorsement on the back other than the endorsement specified in this Addendum, (m) has previously been submitted through the Mobile RDC Service or through any remote deposit capture service offered by any other financial institution, (n) is drawn or otherwise issued by the United States Treasury Department, (o) when the Mobile RDC Service is being used to make a deposit to a Mobile RDC Account, is not acceptable to us for deposit into a deposit account as provided in the deposit agreement that governs your Mobile RDC Account, or (p) is money order, cashier's check, or traveler's check (any of the foregoing being hereinafter referred to as a "Prohibited Check").
4. ENDORSEMENTS. When you use the Mobile RDC Service to transmit a check image to us, you agree to supply the following information on the back of each check in the space provided for endorsements: (i) the following restrictive verbiage: "For AuburnBank Mobile RDC Service Only", (ii) your Mobile RDC Account number, and (iii) your legally-binding signature to endorse the check. You agree that you will apply no restrictive, qualified, or conditional endorsement to any check in connection with your use of the Mobile RDC Service except as we may direct, and you further agree that we may handle and process any check image you transmit to us through the Mobile RDC Service in accordance with the terms of this Addendum notwithstanding any restrictive, qualified, or conditional endorsement you may apply to the check without our approval or direction. You agree to furnish such other information on checks as we may require from time to time.
5. IMAGE QUALITY. Images of checks transmitted to us through the Mobile RDC Service must meet, in our sole and absolute judgment, the standards and requirements of legibility that we establish from time to time. The images also must comply with the applicable standards and requirements of American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board, and/or any other regulatory agency, clearinghouse or association.
6. TRANSMISSION AND RECEIPT OF IMAGES. You agree to follow any and all procedures, instructions, and guides for use of the Mobile RDC Service as we may require or provide from time to time. We may require you to use a user identification code, a personal identification number, and/or passwords and other security procedures (collectively, "Access Procedures") to access the Mobile RDC Service. You agree at all times to comply with the Access Procedures, to safeguard the confidentiality of the Access Procedures, and to notify us immediately if you have any reason to believe the security or confidentiality of the Access Procedures has been compromised or breached. We have no obligation to accept any check or image you transmit through the Mobile RDC Service, and we may reject any check or image that you transmit in our sole and absolute discretion without liability to you. You agree that we are not responsible or liable to you for images that are dropped during transmission that we do not receive, or that are intercepted or altered by, or misdirected to, any unauthorized third party. You assume the risk that any check image or information from a check image may be intercepted or misdirected during transmission. An image shall be deemed received by us when you receive an electronic confirmation from us that we have received the image. Such confirmation confirms only the receipt of the image and does not confirm that the transmission was complete or error free, or that the amount of the check will be finally collected from the drawee institutions and/or credited to your Mobile RDC Account. If, after we confirm the receipt of a check image, we determine that the check is a Prohibited Check or the check is subsequently returned to us, you agree that we may charge the amount of the check back to your Mobile RDC Account. You agree that we will not liable to you for any loss, costs, or fees result of the exercise of our chargeback rights.
7. ERRORS. You are responsible for checking the AuburnBank Online Banking system to ensure that funds are deposited. You agree to notify us of any suspected errors regarding items deposited through the Mobile RDC Service right away, and in no event later than ten (10) days after the applicable account statement is sent. Unless you notify us within ten (10) days, such statement regarding all deposits made through the Mobile RDC Service shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.
8. CONTINGENCY PLAN. Because the Mobile RDC Service could be unavailable from time to time for various reasons, you should not rely on the Mobile RDC Service as the sole means of depositing checks to your Mobile RDC Account. In the event you wish to deposit any check to your Mobile RDC Account and you are unable to transmit the image of the check to us through the Mobile RDC Service or are unable to use the Mobile RDC Service in compliance with the terms of this Addendum for any reason (including, without limitation, reasons related to communications, equipment or software outages, interruptions or failures), you acknowledge and agree that you are solely responsible for using alternative available means of depositing the check to your Mobile RDC Account. Such alternative means will be governed by the terms of the agreement governing your Mobile RDC Account and not by the terms of the Mobile RDC Service. You assume the risk that we may not accept a check image that you attempt to transmit through the Mobile RDC Service. We shall have no liability to you in the event we do not accept the transmission of a check image for any reason and you subsequently have difficulty negotiating or are unable to negotiate the check due to any endorsements you may have applied to the check in your attempt to use the Mobile RDC Service.
9. YOUR REPRESENTATIONS AND WARRANTIES TO US; INDEMNIFICATION. Each time you use the Mobile RDC Service to transmit any check image to us, you represent and warrant to us that: (a) the check is not a Prohibited Check, (b) you are entitled to enforce the check, (c) all signatures on the check are authentic and authorized, (d) the check is not a counterfeit item, (e) the check has not been altered, (f) the check is not subject to a defense or claim in recoupment of any party that can be asserted against you, (g) you have no knowledge of any insolvency proceeding commenced with respect to you or the drawer of the check, (h) the check, in the event of any dishonor or nonpayment by the drawee, is enforceable against both you and the drawer of the check, (i) the check image transmitted by you to us contains an accurate representation of the front and the back of the check and otherwise complies with the requirements of the Mobile RDC Service (including, but not limited to, any endorsement requirements), (j) you will neither create nor transmit through the Mobile RDC Service any duplicate image of the check, nor will you deposit or otherwise negotiate the original check, (k) no person or entity will be asked to make payment on the check more than once, (l) neither we nor any subsequent transferees of the check or its image will sustain a loss as the result of the fact that an image of the check, instead of the original check, was accepted by us through the Mobile RDC Service, presented for payment, or returned, (m) the image of the check contains no computer viruses or other harmful, intrusive, or invasive codes, (n) all information you have provided to us in connection with the Mobile RDC Service and the transaction is true, accurate, and current, and (o) the transaction otherwise complies in all respects with your duties, obligations, and agreements under this Addendum. YOU AGREE TO INDEMNIFY US AND TO HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, COSTS, SUITS, DAMAGES, CLAIMS, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) ARISING FROM OR RELATED IN ANY WAY TO YOUR BREACH OF THE FOREGOING REPRESENTATIONS AND WARRANTIES, YOUR USE OF THE MOBILE RDC SERVICE, AND/OR OUR PROVISION OF THE MOBILE RDC SERVICE TO YOU. YOUR AGREEMENT TO INDEMNIFY US AND HOLD US HARMLESS WILL SURVIVE THE TERMINATION OF THIS ADDENDUM FOR ANY REASON.
10. FUNDS AVAILABILITY. You agree that check images transmitted using the Mobile RDC Service and the funds represented by the checks are not subject to the funds availability requirements of Reg CC. In general, if an image of an item you transmit through the Mobile RDC Service is received and accepted by us before 6:00 p.m. Central Time (or such other cutoff time as may be displayed in the application) on a Business Day, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next Business Day. Funds deposited using the Mobile RDC Service will generally be made available on the first Business Day following the day of deposit. We may make funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as we, in our sole discretion, deem relevant. You acknowledge and agree that this Section 10 does not constitute a promise or guarantee that check funds will finally be collected from the drawee institution and/or finally paid to you. In any event, we reserve a right of chargeback to your Mobile RDC Account in the event of any dishonor or nonpayment by the drawee institution, and we reserve the right to charge all applicable fees in the event of such dishonor or nonpayment and/or any resulting chargeback (including, but not limited to, returned deposit item fees and overdraft fees).
11. TRANSACTION AUTHORIZATION. By following our procedures for the transmission of check images through the Mobile RDC Service and otherwise furnishing information necessary to execute Mobile RDC Service transactions, you authorize us to credit deposits to your Mobile RDC Account as provided in the terms of this Addendum. Each time we accept a check image from you and credit a deposit to your Mobile RDC Account you assign to us all of your right, title, and interest in and to the original check, with all available recourse against you (including, but not limited to, our right of chargeback to your Mobile RDC Account in the event of dishonor or nonpayment by the drawee), notwithstanding any restrictive, qualified, or conditional endorsement (including, but not limited to, a "without recourse" endorsement) you may apply to the check without direction or approval from us. Until such time as you dispose of the original check following the expiration of the Check Retention Period (as hereinafter defined) in accordance with the terms of this Addendum, you acknowledge and agree that you will retain custody of the original check in trust for us.
12. DISPOSAL OF TRANSMITTED CHECKS. After you transmit any check image to us and receive confirmation from us that we have received the image, you agree to securely store the original check for a period of thirty (30) days ("Check Retention Period"). During the Check Retention Period, you agree to take appropriate measures to ensure that (a) only authorized persons will have access to the check, (b) the information contained on the check will not be improperly disclosed, and (c) the check will not be duplicated, further scanned and transmitted through any remote deposit capture service, and/or deposited or negotiated in any form. Promptly after the expiration of the Check Retention Period, you agree destroy the original check, mark it "VOID", or otherwise render it incapable of further transmission, deposit, negotiation or presentment. During any time the original check or a copy or image thereof is available to you or in your possession, you agree to furnish it to us upon request.
13. PRESENTMENT. You agree that we have the right to determine in our sole discretion the manner in which checks and images transmitted through the Mobile RDC Service are cleared, presented for payment and collected.
14. LIMITS. We may from time to time impose or change limits on your use of the Mobile RDC Service, including (but not limited to) limits on the dollar amount and/or the number of checks you may transmit using the Mobile RDC Service. In the event a transaction exceeds any of the limits imposed on your use of the Mobile RDC Service, a message will be displayed in the application at the time you attempt such Mobile RDC Service transaction rejecting the transaction and informing you that the transaction exceeds the set limits. We may accept or reject any transaction you attempt in excess of these limits in our discretion.
15. FEES. AuburnBank does not charge any fees for use of the Mobile RDC Service itself, but you are responsible for any data and text message fees imposed by your mobile service provider that may result from your use of the Mobile RDC Service.
16. COOPERATION WITH INVESTIGATIONS. You agree to cooperate with us in the investigation of unusual transactions or poor quality transmissions, and in the resolution of claims related to items transmitted through the Mobile RDC Service, including by providing, upon request and without further cost, any originals or copies of items deposited through the Mobile RDC Service in your possession and your records relating to such items and transmissions.
17. ENFORCEABILITY. We may waive enforcement of any provision of this Addendum. No waiver of a breach of this Addendum shall constitute a waiver of any prior or subsequent breach of the Addendum. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Addendum. In the event that any provision of this Addendum shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Addendum shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
18. OWNERSHIP. You agree that AuburnBank retains all ownership and proprietary rights that it has in the Mobile RDC Service, associated content, technology, and website(s). Your use of the Mobile RDC Service is subject to and conditioned upon your complete compliance with this Addendum. Without limiting the effect of the foregoing, your breach of this Addendum immediately terminates your right to use the Mobile RDC Service. Without limiting the restriction of the foregoing, you may not use the Mobile RDC Service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to AuburnBank's business interest, or (iii) to AuburnBank's actual or potential economic disadvantage in any aspect. You may use the Mobile RDC Service only for non-business, personal use in accordance with this Addendum. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Mobile RDC Service.
19. SOFTWARE LICENSE AGREEMENT. Subject to your compliance with the terms of this Addendum, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sublicensable and non-assignable license ("License") to download, install and use the Mobile RDC Service software on your Wireless Device within the United States and its territories. In the event that you obtain a new or different Wireless Device, you will be required to download and install the Mobile RDC Service software to that new or different Wireless Device. This License shall be deemed revoked immediately upon (i) termination of the Mobile RDC Service, (ii) termination of AuburnBank Online Banking, (iii) your deletion of the Mobile RDC Service software from your Wireless Device, or (iv) notice to you at any time, with or without cause. In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Mobile RDC Service software from your Wireless Device. In the event of the revocation of the License, your obligations which are accrued and owing or which expressly or by implication survive such revocation, shall survive.
20. USE OF THE MOBILE RDC SERVICE. The Mobile RDC Service will not work unless you use it properly. You accept responsibility for making sure that you understand how to use the Mobile RDC Service before you actually do so, and then that you always use the Mobile RDC Service in accordance with the instructions provided to you. You also accept responsibility for making sure that you know how to properly use your Wireless Device. We may change or upgrade the Mobile RDC Service from time to time. In the event of such changes or upgrades, you are responsible for making sure you that you understand how to use the Mobile RDC Service as changed or upgraded. We will not be liable to you for any losses caused by your failure to properly use the Mobile RDC Service or your Wireless Device. We reserve the right to modify the scope of the Mobile RDC Service at any time. We reserve the right to refuse to make any transaction you request through the Mobile RDC Service. You agree and understand that the Mobile RDC Service may not be accessible or may have limited utility over some mobile networks, such as while roaming.
21. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE MOBILE RDC SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE MOBILE RDC SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE MOBILE RDC SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE MOBILE RDC SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
22. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE MOBILE RDC SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE MOBILE RDC SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF AUBURNBANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
23. CHANGES OR CANCELLATION. We reserve the right to change or cancel the Mobile RDC Service at any time without notice. We may also suspend your access to the Mobile RDC Service at any time without notice and for any reason, including but not limited to, your non-use of the Mobile RDC Service. Termination of the Online Banking service will result in the termination of the Mobile RDC Service. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Mobile RDC Service.
Bill Pay Service Addendum to AuburnBank Online Access Agreement for Consumer Accounts
This Payment Services Addendum (this "Addendum") contains the terms and conditions for the use of AuburnBank's bill pay service (the "Bill Pay Service") and AuburnBank's person to person payment service (the "P2P Service") (collectively, the "Payment Services"). This Addendum shall be considered as part of the AuburnBank Online Access Agreement for Consumer Accounts (the "Agreement") and applies specifically to the Payment Services available to you under this Addendum. Terms defined in the Agreement shall have the same meaning in this Addendum, unless otherwise stated below.
Unless otherwise noted, if there is any direct conflict between the Agreement and this Addendum, the Addendum will govern the use of the Payment Services.
Your use of the Payment Services is also subject to any applicable Account agreement you have with us. Your use of the Payment Services constitutes your acceptance of this Addendum. This Addendum is subject to change from time to time. We will notify you of any material change as provided in the Agreement. We reserve the right, in our sole discretion, to add services, eliminate services, or otherwise modify the terms or features of any service. Any change will begin to apply upon the effective date of the change, and will apply only to your future use of the Payment Services. Your continued use of the Payment Services will indicate your acceptance of any such changes to the Payment Services.
A. GENERAL
1. USE OF PAYMENT SERVICES. In order to use the Payment Services, you must be enrolled in the AuburnBank Online Banking Service. Termination of Online Banking will result in the termination of the Payment Services. 2. FEES AND CHARGES. You agree to pay the fees and charges for your use of the Payment Services as set forth in the current fee schedule listed below. You agree that all such fees and charges will be deducted from your Primary Checking Account. If you close this checking Account, you must contact us immediately to designate another checking Account as your Primary Checking Account. You agree to pay any additional reasonable charges for services you request which are not covered by this Addendum. You are also responsible for telephone and Internet service fees you incur in connection with your use of the Payment Services.
Payment Services
Includes both the:
• Bill Pay Service; and
• P2P Service.
Features
• Pay bills you'd normally pay by check
• Save time and save money on postage and checks
• Set up recurring payments
Fees and Charges for accounts opened prior to May 20, 2019
• $4.00/month (make up to 10 payments electronically each month)
• $.40 charge for each bill payment or P2P payment in excess of 10.
3. SERVICE PROVIDERS. You acknowledge and agree that from time to time, and at any time, with or without notice to you, we may make the Payment Services available through or using one or more unaffiliated third party service providers. You agree that we have the right to delegate to such service providers all of the rights and performance obligations that we have under this Addendum, and that such service providers will be third party beneficiaries of this Addendum and will be entitled to all the rights and protections that this Addendum provides to us.
4. OUR RIGHT TO REFUSE CERTAIN PAYMENT REQUESTS. We may refuse to honor any payment requests that reasonably appear to us to be fraudulent, unauthorized, erroneous, illegal or prohibited under this Addendum, or as otherwise permitted by law, and we shall have no liability for our refusal to honor these payment requests.
5. INSUFFICIENT FUNDS; FAILED PAYMENTS. If there are insufficient funds in your applicable Account to complete a payment transaction you have initiated, we may either refuse to process the transaction or complete the transaction, with or without overdrawing the Account, in our sole and absolute discretion. Subject to the requirements of applicable law, you are responsible for the amount of any payment transaction we complete on your behalf, as well as applicable fees and charges, whether or not your Account becomes overdrawn. Our election to execute any payment transaction if or when you have insufficient funds in your Account to cover such transaction in no way obligates us to execute any other payment transaction if or when you have insufficient funds. You further agree that:
i. Upon demand, you will reimburse us immediately in the amount of any payment transaction that we have executed on your behalf;
ii. We may make repeated attempts in our discretion to debit your Account for the amount of any payment transaction that we execute on your behalf, including, but not limited to, debit by ACH transaction;
iii. If we complete a payment transaction on your behalf and you do not have sufficient funds in your Account to cover such transaction, (x) we may assess our standard paid overdraft item/returned item fee, as in effect and disclosed in our pricing schedules at such time, against your Account, whether or not we overdraw your Account, and/or (z) we may cancel, suspend, or limit of your use of the Payment Services and/or your Account without notice, and/or exercise any other rights or remedies available to us;
iv. You will reimburse us for any fees or costs we incur in attempting to collect the amount of any executed payment transaction from you to the fullest extent allowed by law; and
v. We are authorized to report the facts concerning the collection or recovery of any payment transaction to any credit or consumer reporting agency.
6. MOBILE DEVICES. You may from time to time receive SMS/text messages or otherwise use your mobile or wireless devices in connection with Payment Service transactions. Any usage of your mobile phone or wireless device in connection with the Payment Services is subject to the terms and conditions of the service agreement between you and your telecommunications provider. This Addendum does not amend, replace, or supersede the service agreement between you and your telecommunications provider. Your telecommunications provider may assess data and messaging charges, and you are solely responsible for any such charges. We are not responsible for providing your telecommunications services, and you agree to resolve any problems with such services directly with your telecommunications provider without involving us. If you use any mobile or wireless device in connection with the Payment Services, and the device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You acknowledge that there are risks associated with using a mobile or wireless device, and that in the event of theft or loss of such a device, your confidential information could be compromised. You assume these risks.
B. BILL PAY SERVICE
1. BILL PAYMENTS. The Bill Pay Service allows you to schedule bill payments through Online Banking. You can arrange for the payment of current, future and recurring bills from a specified AuburnBank checking Account that has unlimited check-writing privileges. There is no limit to the number of payments that may be authorized. The minimum dollar amount of each bill payment is $1.00; the maximum amount of each bill payment is $10,000. You may pay any merchant or individual located in the United States and approved by Bank for payment through the Bill Pay Service, excluding child support or alimony payments and payments to federal, state, or local government agencies. Bank reserves the right to refuse to pay any payee designated by you and will notify you in that event.
2. HOW TO SCHEDULE A PAYMENT. You must designate: (a) the AuburnBank checking Account from which the payment is to be made (the "Payment Account"); (b) the complete name of the payee, the payee account number, and the payee's remittance address, all exactly as shown on the payee billing statement or invoice; (c) the amount of the payment; and (d) the date the payment should be debited from the Payment Account. The payment must be entered by 2:00 p.m. (Central Time) on a Business Day to be sent that day. You agree that you will schedule payments as described in section 3 below.
3. HOW FAR IN ADVANCE TO SCHEDULE A PAYMENT. If the payee is to be paid by paper check (as indicated on the Bill Payer list), paper checks are mailed to the payee and the payee may not receive the payment until five (5) to eight (8) Business Days after the date the payment is debited from Payment Account. If the payee is to be paid electronically (as indicated on the Bill Payer list), the payee may not receive the payment until three (3) Business Days after the date the payment is debited from the Payment Account. Any scheduled payments made on a non-Business Day will be processed on the preceding Business Day. Holiday processing occurs the Business Day preceding the holiday. You understand and agree that AuburnBank is not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party, such as the failure of the payee to properly post a payment to the payee account.
4. RECURRING PAYMENTS. You may schedule payments for a fixed amount on the same date each month, to be automatically initiated (a "Recurring Payment"). The date on which a payment is scheduled to be made is referred to below as the "Recurring Payment Date." If a Recurring Payment Date is a day which does not exist in a certain month, then the payment will be initiated on the last Business Day of that month. For example, if you schedule a payment for the 30th of each month, your payment for the month of February will be initiated on or before the last Business Day of February. If the Recurring Payment Date falls on a day other than a Business Day in any month, your payment will be initiated on the preceding Business Day (i.e. if a Recurring Payment Date falls on a Saturday or Sunday, the actual check will be issued on Friday). Thus, your actual transaction date for any month may not be the Recurring Payment Date. You can stop any Recurring Payment before the cutoff time on the date the payment will be made, by calling us at 334-821-9200, or writing to us at AuburnBank, 100 N Gay St / PO Box 3110, Auburn, AL 36831, in time for us to receive your request three (3) Business Days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. If a Recurring Payment varies in amount, you will be notified by the individual or entity you are trying to pay, ten (10) days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.) If you order us to stop one of these payments three (3) Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
5. AUTHORIZATION TO DEBIT PAYMENT ACCOUNT. You authorize and direct Bank to act on all payment orders made using your user ID and Security Code and to charge the Payment Account by electronic transfer, "no signature required draft", or by debiting and remitting funds on your behalf.
6. INCONSISTENCY OF PAYEE NAME AND PAYEE ACCOUNT NUMBERS. You acknowledge that if a payment order describes the payee inconsistently by name and number, payment of the bill payment may be made on the basis of the payee account number, even if the number identifies a person different from the named payee.
7. CANCELING SCHEDULED PAYMENTS. Bill payments may be cancelled online (by following the onscreen instructions) before 2:00 p.m. (Central Time) on the date of the scheduled payment date.
8. STOPPING A BILL PAYMENT THAT HAS BEEN DEBITED. Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from the Payment Account, you cannot cancel or stop a bill payment that has been paid electronically. You may be able to stop a bill payment paid by paper draft by contacting Bill Pay Customer Service at 334-821-9200 or 888-988-2162 (outside of Auburn and Opelika) before the paper draft has cleared. If the paper draft has not cleared, Bank will process your stop-payment request. Bank will notify you if the paper draft has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, and the amount and scheduled date of the payment. Bank may charge an additional fee for stopping payment of a bill payment made through the Bill Pay Service in addition to Bank's normal stop payment charges for the Payment Account. This section does not apply to payments not made through the Bill Pay Service.
9. BANK'S RESPONSIBILITY IN THE EVENT OF FAILURE TO MAKE A SCHEDULED PAYMENT. We shall not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have 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. We 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 us 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. We will not be liable for indirect, special, or consequential damages arising out of the use of the Bill Pay Service.
10. EXPEDITED PAYMENTS. Special rules and fees apply to expedited payments. These terms and conditions will be displayed before you submit an expedited payment.
11. ELECTRONIC BILL PRESENTMENT. This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your billers ("Billers") directly if you do not receive your statements. If you elect to receive bills electronically, you also agree to the following: You authorize us to contact Billers on your behalf and to receive your billing statements and billing data, including the right to periodically access third party biller web sites designated by you ("Biller Sites"), on your behalf, to retrieve your electronic billing data ("eBill"). You agree that we are your agent for these limited purposes. You represent and warrant to us that you have the authority to appoint us as your agent to receive your billing statements, to view and download your eBills, and to use your name, passwords, usernames and any other information you provide to us for purposes of providing the services for you. You agree that we may use and store this information on our servers. You are responsible for all charges associated with our use of any Biller Site on your behalf and you agree to comply with the terms of use for the Biller Site. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of the Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. The electronic Biller has the right to cancel the presentment of its electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of the Biller. If you decide to no longer receive your bills electronically using our service, it is your sole responsibility to make arrangements for an alternative form of bill delivery. The electronic bill presentment service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
C. PERSON TO PERSON (P2P) PAYMENT SERVICE
1. TERMS AND DEFINITIONS. The following terms and definitions apply with respect to the P2P Service: • "Receiver" means any person or entity to which a payment is sent through the P2P Service. • "Sender" means any person or entity which sends a payment through the P2P Service.
2. PERSON TO PERSON PAYMENTS. The P2P Service is an electronic person-to-person payments service through which you may send payments to, or receive payments from, any person who maintains an eligible account with a financial institution.
3. SENDING PAYMENTS TO RECEIVERS. By providing us with names, telephone numbers, email addresses and/or bank account information of Receivers to whom you wish to direct payments, you authorize us to follow the payment instructions that we receive from you through the P2P Service. When we initiate the processing of a payment based on a payment instruction from you, you authorize us to immediately debit your applicable Account for the amount of any such payment instruction plus any related fees in effect at the time you initiate the payment instruction, and to remit funds on your behalf according to the terms of the P2P Service. You acknowledge and agree that any applicable fees will be charged, and will be deemed fully earned, when we receive and act on a payment instruction from you, regardless of when or whether the payment is completed. You may use the P2P Service to initiate (i) an immediate one-time payment to a Receiver, (ii) a one-time payment to a Receiver scheduled for a future date, and/or (iii) a recurring series of future payments to a Receiver. Further details about each of these options, including how far in advance a future or recurring payment may be scheduled, can be found within the P2P Service site. Payments initiated to Receivers are processed in two ways: (i) you can provide all the required information about the Receiver, including his/her bank account information, necessary to complete a transfer of funds, or (ii) you can provide contact information about the Receiver (including an email address and/or mobile telephone number) and the Receiver will be contacted and requested to provide validation and bank account information necessary to complete the transfer of funds (a "Two-Step Transfer"). You understand and agree that when you initiate an immediate one-time payment to a Receiver, the processing of the payment will begin immediately and the debiting of your Account will occur as early as the day of such initiation. However, the payment funds will be transferred into the Receiver's account no earlier than the next Business Day after you initiated the payment. If you request a one-time payment to be initiated on a specified future date or a recurring series of payments to be initiated on specified future dates, then the processing of these payments will begin on the specified date and the debiting of your Account will occur as early as such specified future date(s). However, the payment funds will be transferred into the Receiver's account no earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver's account (even if such funds previously have been debited or withdrawn from your Account) may be delayed if the Receiver has not provided validation and/or bank account information necessary to complete the payment transaction. The P2P Service site may contain additional information regarding the delivery of a payment. You acknowledge and agree that we will begin to complete the transfer of funds to the Receiver only when the Receiver has provided all information required to complete such transfer, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided all required information or ten (10) days. In any event, you acknowledge and agree that we will not be liable to you or the Receiver for any compensation or interest on funds held by use pending the completion or cancellation of a payment transaction. You further acknowledge and agree that our obligation to complete the transfer of funds that we have debited from your Account shall not begin until such time as the Receiver provides all required information necessary to complete the transfer. You authorize us to credit your applicable Account for payments you initiate that we cannot complete for any reason and/or for payments you initiate that may be returned to us by Receivers.
4. RECEIVING PAYMENTS FROM SENDERS. At any time while you are using the Payment Services, we may, in our discretion, automatically register you as a payment Receiver in the P2P Service and enable you to receive payments through the P2P Service. Otherwise, Receivers of payments who are not already registered will be invited to register by SMS/text message or e-mail. If you are invited to register after a Sender attempts to send a payment to you, and you do not do so, then funds will not be transferred to you from the Sender, and the payment transaction will be cancelled. Once registered, you as a Receiver authorize us to credit your applicable Account for payments remitted to you by a Sender without further approval from you. You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you. If you are the Receiver of a payment, you understand and agree that there may be a delay between the time you are notified of the pending payment and the deposit of the payment funds into your Account, and you may be required to take additional steps to facilitate the deposit of the payment funds into your Account. You authorize the Sender, the financial institution which holds the Sender's account and us to send emails to you and text messages to your mobile phone in connection with the Sender's initiation of a payment to you. You acknowledge and agree that in the event that funds are transferred into your Account as a result of a payment and it is determined that such transfer was improper because it was not authorized by the Sender, because there were not sufficient funds in the Sender's account, or for any other reason, then you hereby authorize us to withdraw from your Account an amount equal to the amount of funds improperly transferred to you. If you are notified that you have received or will receive a payment from a Sender and such payment is not completed through the P2P Service due to insufficient funds in the Sender's account or other action on the part of such Sender (such as payment cancellation or failure to provide accurate or complete information), you acknowledge and agree that we will in no way be liable to you with respect to the failure of such payment, and you agree to look solely to the Sender for the resolution of such payment failure.
5. INSTRUCTIONAL MATERIAL; ACCURACY OF INFORMATION. You agree to comply with and to be bound by any terms or instructions set forth in any on-screen help or instructional material we provide in connection with the P2P Service. It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they provide in order to make or receive payments through the P2P Service (including, but not limited to, the name, telephone number, email address, and/or account number of the Receiver), and for informing us as soon as possible if they become aware that this information is inaccurate. In the event any payment instruction identifies an account by name and account number, the payment may be executed by reference to the account number only, even if such account number does not correspond to the account name. You acknowledge and agree that discrepancies between account names and account numbers may not be investigated and that we have no responsibility or obligation to any party to investigate such discrepancies. We do not warrant or guarantee the identity of any user of the P2P Service (including, but not limited to, Receivers to whom you send payments). You bear sole responsibility for confirming the identities of the parties to your P2P Service transactions, for correctly entering any information into the P2P Service site that is necessary to ensure a successful transaction, and for any errors in connection therewith. To the fullest extent permitted by law, we reserve the right to refuse to process or complete any transaction made through the P2P Service. We will attempt to notify you in the event we decide not to process a transaction initiated by you as a Sender; however, we may not notify you if you attempt to initiate a transaction prohibited under this Addendum.
6. PAYMENT METHODS AND AMOUNTS. An Inbound Transfer moves funds into your AuburnBank account from a Non-AuburnBank account. An Outbound Transfer moves funds from your AuburnBank account to a Non-AuburnBank Account. We may, at our sole discretion, impose or change the limits on the amount of money you can send or receive through the P2P Service. Such limits may be displayed on the P2P Service site. The minimum dollar amount of each transfer is $1.00. The maximum amount of Inbound Transfers per day is $5,000 and the maximum amount of Inbound Transfers per processing month is $10,000. The maximum amount of Outbound Transfers per item and per day is $1,500. If your transfer request is submitted prior to the cut-off time, funds will be debited the Business Day after you submit the Outbound Transfer request and will be credited on the third Business Day after you submit the Inbound Transfer request. We also reserve the right to select the method in which to remit funds on your behalf, and the method to return funds to you in the event that your applicable Account is closed or otherwise unavailable to us. These payment methods may include, but may not be limited to, an electronic payment or paper check payment.
7. CANCELLATION OF PAYMENTS. You may request us to change or cancel any payment you have initiated as a Sender any time until the payment begins processing at 2:00 PM CT on each Business Day by following the instructions we provide on the P2P Service site. You should refer to other sections of this Addendum for additional terms regarding the cancellation or stopping of payments. Otherwise, we shall have no obligation to cancel, change, or stop payment on any payment that you have initiated as a Sender through the P2P Service, except as required by applicable law. If you elect to cancel your enrollment in the P2P Service, any payment transactions pending at the time of cancellation may be completed or cancelled by us, in our discretion.
8. REFUSED PAYMENTS. Any payment not claimed by the Receiver will be automatically cancelled ten (10) days after the processing of the payment begins. When a Sender sends money, the Receiver is not required to accept it. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver's decision to accept or not to accept a payment made through the P2P Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your applicable Account. If our attempts are unsuccessful (for example, your applicable Account has been closed) we will make reasonable attempts to mail you a paper check. If after sixty (60) days that check has not been presented for payment, we may stop payment on it and transfer the funds to an "unclaimed funds" account, and will subsequently handle the unclaimed funds as required or otherwise permitted by applicable law.
9. ADDRESS OR BANKING CHANGES. You agree to ensure that the contact information in your P2P Service user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the P2P Service site or by contacting us at (334) 821-9200. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Account or contact information.
10. TEXT MESSAGES, CALLS AND/OR EMAILS TO YOU. By providing us with a telephone number (including a mobile telephone) and/or email address in connection with the P2P Service, you consent to receiving calls and/or text messages from us at that number and/or emails from us for our everyday business purposes (including identity verification) and for other non-marketing purposes.
11. PRIVACY OF OTHERS. If you receive information about another person through the P2P Service, you agree to keep the information confidential and to use it only in connection with the P2P Service.
12. THIRD PARTY DISPUTE. If you have a dispute with any other user of the P2P Service, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such dispute.
13. PROHIBITED PAYMENTS. The following types of payments are prohibited through the P2P Service, and we have the right, but not the obligation, to monitor for, block, cancel, and/or reverse such payments in our discretion:
i. payments to or from persons located in prohibited territories;
ii. payments that violate any law, statute, ordinance or regulation;
iii. payments that violate any term or condition of this Addendum, or any agreement governing your applicable Account; and/or
iv. tax payments and court ordered payments.
In no event shall we be liable for any claims or damages resulting from your initiation of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment, except as required by applicable law. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will solely be the responsibility of the Sender and we will have no responsibility therefor whatsoever.
14. ACCEPTABLE USE. You agree not to use or attempt to use the P2P Service to engage in any transaction that is not specifically authorized and permitted or in any way that is in breach of the terms and conditions this Addendum. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the P2P Service, regardless of the purpose of the use, and for all communications you send in connection with the P2P Service. We have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the P2P Service for communications or activities that: (i) violate any law, statute, ordinance or regulation, (ii) promote hate, violence, racial intolerance, or the financial exploitation of a crime, (iii) defame, abuse, harass or threaten others, (iv) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous, (v) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (vi) impose an unreasonable or disproportionately large load on our infrastructure, (vii) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, (viii) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the P2P Service or the P2P Service site without our prior written permission, (ix) constitute use of any device, software or routine to bypass technology protecting the P2P Service site, or interfere or attempt to interfere, with the P2P Service site, or (x) may cause us to lose any of the services from our internet service providers, payment processors, or other vendors.
Text Banking Service Addendum to AuburnBank Online Access Agreement for Consumer Accounts
This Text Banking Service Addendum (this "Addendum") contains the terms and conditions for the use of AuburnBank's text banking service (the "Text Banking Service"). This Addendum shall be considered as part of the AuburnBank Online Access Agreement for Consumer Accounts (the "Agreement") and applies specifically to the Text Banking Service available to you under this Addendum. Terms defined in the Agreement shall have the same meaning in this Addendum, unless otherwise stated below. Unless otherwise noted, if there is any direct conflict between the Agreement and this Addendum, this Addendum will govern the use of the Text Banking Service.
Your use of the Text Banking Service is also subject to any applicable Account agreement you have with us. Your use of the Text Banking Service constitutes your acceptance of this Addendum. This Addendum is subject to change from time to time. We will notify you of any material change as provided in the Agreement. We reserve the right, in our sole discretion, to add services, eliminate services, or otherwise modify the terms or features of any service. Any change will begin to apply upon the effective date of the change, and will apply only to your future use of the Text Banking Service. Your continued use of the Text Banking Service will indicate your acceptance of any such changes to the Text Banking Service.
1. DESCRIPTION OF SERVICE. Subject to the terms and conditions of this Addendum, the Text Banking Service allows you to use a compatible and supported mobile phone and/or other compatible and supported wireless device (a "Wireless Device") to quickly request and receive Account information or transfer funds between your Accounts via text message. To apply for the Text Banking Service, you must be the sole or joint owner of the Account(s) for which the Text Banking Services apply and you must have full signing authority on the Accounts. If there is any change of ownership of any such Account(s), notification must be immediately provided to AuburnBank. In order to use the Text Banking Service, you must first enroll for, and maintain enrollment in, the Online Banking Service, and you must follow our instructions for enrolling and activating your Wireless Device. You also may be required to accept or acknowledge other terms, provisions, or conditions in order to use certain features or functionality of the Text Banking Service. Such terms, provisions, and conditions constitute a part of the Text Banking Service terms and this Addendum. Cancellation of your enrollment in the Online Banking Service may result in the cancellation of the Text Banking Service.
2. USE OF THE TEXT BANKING SERVICE. It is your sole responsibility to ensure your Wireless Device(s) are compatible with and capable of operating in a manner that allows you to utilize the Text Banking Service securely, including, but not limited to, installing current software, manufacturer provided patches and current anti-virus/anti-spyware software. You understand and agree that any Text Banking Service transaction request which results in a negative Account balance may be refused by AuburnBank. You understand that balances provided may not include recent or pending transactions that have not yet posted to your Account and that other restrictions may apply. We may send any Text Banking Service message through your communication service provider in order to deliver them to you. You agree that your communication services provider is acting as your agent in this capacity. You agree to provide a valid phone number for this service so that we may send you certain information about your applicable Account. We will determine in our sole discretion what information we make available through the Text Banking Service. Receipt of Account information through the Text Banking Service may be delayed or impacted by factor(s) pertaining to your phone carrier or other parties. The Text Banking Service is provided for your convenience and does not replace your monthly Account statement(s), which are the official record of your Accounts.
3. INDEMNIFICATION. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising from your provision of a phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this Section shall survive termination of the Addendum.
4. ADDITIONAL USAGE OBLIGATIONS. The Text Banking Service may not be encrypted and may include personal or confidential information about you, such as your account activity or status. You agree to protect your Wireless Device that receives information through the Text Banking Service and not to let any unauthorized person have access to the information we provide to you through the Text Banking Service. You have the sole responsibility for maintaining the safety, security and integrity of the Wireless Device you will use to send and receive SMS messages. You shall bear the entire risk for any use thereof, whether or not you have authorized such use and whether or not you are negligent. If you permit other persons to use the Wireless Device, you will be held responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use the Text Banking Service or the content or information delivered through the Text Banking Service in any way that would be considered illegal.
5. MISCELLANEOUS. We will not be liable for losses or damages caused in whole or in part by your actions or omissions that result in any disclosure of Account information to third parties. Also, nothing about the Text Banking Service creates any new or different liability for us beyond what is already applicable under your existing Account agreements. There is no separate service fee for the Text Banking Service but you are responsible for any and all charges, including, but not limited to, fees otherwise applicable to your Account(s) and fees associated with SMS messaging imposed by your communications service provider. Message and data rates may apply. Message frequency depends on user preferences. To cancel the Text Banking Service, send STOP to 39257 at any time or call (334) 821-9200 . For help with or information on the Text Banking Service, call (334) 821-9200 . You will never receive a message from the Text Banking Service that asks you to send us any sensitive personal or financial information. If you ever receive such a request for sensitive personal or financial information - such as your Social Security Number, account number, password, PIN number, or any other personal data - do not respond to the message and call us at (334) 821-9200 to report the incident.
Remote Access Service Addendum to AuburnBank Online Access Agreement for Consumer Accounts
This Remote Access Service Addendum (this "Addendum") contains the terms and conditions for the use of AuburnBank's remote access service (the "Remote Access Service"). This Addendum shall be considered as part of the AuburnBank Online Access Agreement for Consumer Accounts (the "Agreement") and applies specifically to the Remote Access Service available to you under this Addendum. Terms defined in the Agreement shall have the same meaning in this Addendum, unless otherwise stated below. Unless otherwise noted, if there is any direct conflict between the Agreement and this Addendum, this Addendum will govern the use of the Remote Access Service. Your use of the Remote Access Service constitutes your acceptance of this Addendum. This Addendum is subject to change from time to time. We will notify you of any material change as provided in the Agreement. We reserve the right, in our sole discretion, to add services, eliminate services, or otherwise modify the terms or features of any service. Any change will begin to apply upon the effective date of the change, and will apply only to your future use of the Remote Access Service. Your continued use of the Remote Access Service will indicate your acceptance of any such changes to the Remote Access Service.
IMPORTANT - READ CAREFULLY: YOUR USE OF THE AUBURNBANK REMOTE ACCESS SERVICE IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS OF USE. TERMS OF USE: BY USING THE REMOTE ACCESS SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMER OF WARRANTIES AND RELEASE OF LIABILITY SET FORTH BELOW. YOU MAY NOT ACCESS THE REMOTE ACCESS SERVICE UNTIL YOU HAVE READ AND ACCEPTED THE TERMS OF THIS ADDENDUM. IF YOU CANNOT OR DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS ADDENDUM, DO NOT ACCESS THE REMOTE ACCESS SERVICE.
If the computer used to access the Remote Access Service belongs to a business or another person, that business (or individual) as well as you warrant that you have the authority to accept the terms and conditions of this Addendum.
1. REMOTE ACCESS SERVICE. AuburnBank will provide the Remote Access Service in accordance with the terms of this Addendum to assist you in the repair/servicing of Online Banking and its related services. The Remote Access Service may be accessed either by clicking a link that we provide, where you will be sent to a website hosted by one of our suppliers ("Suppliers"), which will allow us remote access to your computer; or by typing in the address of a specific Supplier URL that we provide, along with a unique PIN. Notwithstanding the foregoing, we may, in our sole discretion, modify the features of the Remote Access Service from time to time without prior notice. You understand and agree that prior to permitting us to access your computer, it is your responsibility to back up the data, software, information or other files stored on your computer disk and or drives to prevent loss or corruption of information or data. In order to use the Remote Access Service, you must be enrolled in the AuburnBank Online Banking Service. Termination of Online Banking will result in the termination of the Remote Access Service. As part of the registration process allowing you access to the Remote Access Service, you may be required to use your email address or other personally identifiable information as your user name (collectively, "Password Information"). You agree to carefully safeguard all of your Password Information, and you are responsible for any and all activity that occurs under your registration. You agree to immediately notify us of any unauthorized use of your Password Information or any other breach of security known to you, including if you believe that your Password Information has been stolen or otherwise compromised.
2. SECURITY. You acknowledge that some parts of the Remote Access Service are being provided through Internet access. We implement and maintain reasonable technical safeguards to protect the security of your data in connection with the Remote Access Service being provided, but we do not warrant that the Remote Access Service is provided risk-free. We do not warrant the security of your data against unlawful interception or access and will not be responsible for any theft, illegal activity or other unauthorized acts resulting in damage to you and your computer, data or other property as a result of your use of the Remote Access Service.
3. DISCLAIMER OF WARRANTIES; RELEASE OF LIABILITY. YOU ACKNOWLEDGE THAT AUBURNBANK'S ABILITY TO ACCESS YOUR COMPUTER REMOTELY IS MADE POSSIBLE VIA THE INTERNET AND THROUGH THE USE OF A SUPPLIER. YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE REMOTE ACCESS SERVICE IS PROVIDED ON AN "AS IS" BASIS AND THAT USE OF THE REMOTE ACCESS SERVICE IS AT YOUR SOLE RISK. NEITHER AUBURNBANK, OR AUBURNBANK'S PARENT, SUBSIDIARIES OR AFFILIATES (COLLECTIVELY, "AFFILIATES"), NOR THEIR RESPECTIVE SUPPLIERS PROVIDING THE REMOTE ACCESS SERVICE OR RELATED TECHNOLOGY HEREUNDER MAKE ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR INFRINGEMENT RELATING TO THE USE OR PERFORMANCE OF THE REMOTE ACCESS SERVICE OR RELATED TECHNOLOGY. NEITHER AUBURNBANK, ITS AFFILIATES NOR THEIR RESPECTIVE SUPPLIERS SHALL BE LIABLE FOR ANY INJURY OR DAMAGE TO YOU OR ANY PERSONS USING THE REMOTE ACCESS SERVICE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR PROPERTY DAMAGE, LOSS OF PROFIT, LOSS OF DATA OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR PERFORMANCE OF THE REMOTE ACCESS SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AUBURNBANK, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE USE OF THE REMOTE ACCESS SERVICE AND RELATED TECHNOLOGY.
4. PRIVACY. In connection with your use of the Remote Access Service, you may disclose certain personally identifiable information to us, such as your Password Information. We may share this information with non-financial institution companies to the extent necessary to provide the Remote Access Service hereunder (such as our Suppliers).
5. INDEMNIFICATION. You are responsible for all activities occurring in connection with your use of the Remote Access Service. You hereby agree to defend, indemnify and hold AuburnBank and our Suppliers harmless from and against any and all liabilities, claims and costs (including attorney's fees) incurred by AuburnBank and our Suppliers occurring in connection with any demand, claims, action, suit or loss arising as a result of any breach by you of these terms of use or claims arising from your use of the Remote Access Service.
6. PROPRIETARY RIGHTS. AuburnBank and/or its Suppliers, as applicable, retain ownership of, and/or license, all proprietary rights in the Remote Access Service and in all trade names, trademarks, logos and service marks associated or displayed with the Remote Access Service. You will not remove, deface or obscure any of AuburnBank's or its Suppliers' copyright or trademark notices and/or legends or other proprietary notices associated or displayed with the Remote Access Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Remote Access Service. Except as expressly provided herein, no license or right, express or implied, is hereby conveyed or granted to you by AuburnBank or its Suppliers with respect to any intellectual property right of AuburnBank, its affiliates or Suppliers.
7. YOUR RESPONSIBILITY. During each support session, we require that you remain at your computer at all times while we are accessing your computer. If you leave your computer at any time during the support session, you must notify us and terminate the support session. In addition, you understand that by requesting Remote Access Service, you (i) will be providing us with access to and control of your computer and (ii) may be providing us with access to files that reside on your computer. As a result, prior to commencing any Remote Access Service session, you agree to close any unnecessary windows to avoid the disclosure of any confidential or personal files. As a condition of entering into this Addendum, you acknowledge that you have installed all necessary virus protection software on your computer to avoid any loss/corruption of data, computer files and hard drives as a result of spyware or any computer viruses that may result in the deletion/corruption of data. Your use of any software or program provided by a Supplier in connection with the Remote Access Service may be subject to additional terms and conditions, including an end user license agreement, the terms of which will be set forth on such Supplier's website. As a condition of using the Remote Access Service, you agree to comply in all respects with such terms and conditions, including the end user license agreement, as well as any and all laws, rules and regulations applicable thereto.
