Start Community Bank
ONLINE BANKING AGREEMENT AND DISCLOSURE
This Online Banking Agreement and Disclosure ("Agreement") describes your
rights and obligations as a user of the Online Banking service or the Bill
Payment service ("Services"). It also describes the rights and obligations
of Start Community Bank ("Bank"). Please read this Agreement carefully. By
requesting and using one of these Services, you agree to comply with the
terms and conditions of this Agreement.
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Definitions
The following definitions apply in this Agreement:
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"Authorized Representative" refers to a person with authority (with
respect to the account);
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"Bill Payment" is the online service that enables the scheduling of
bill payments using a personal computer;
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"ISP" refers to your Internet Service Provider;
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"Online Banking" is the internet-based service providing access to
your Bank account(s);
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"Online Account" means the Bank account from which you will be
conducting transactions using a Service;
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"Password" is the customer-generated code selected by you for use
during the initial sign-on, or the codes you select after the
initial sign-on, that establishes your connection to the Service;
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"PC" means your personal computer which enables you, with the
Internet browser and ISP, to access your Online Account;
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"Time of day" references are to Eastern Standard Time;
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"User ID" is the Bank-generated identification code assigned to you
for your connection to the Service;
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"We", "us", or "Bank" refer to Bank Name which offers the Services
and which holds the accounts accessed by the Services; and
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"You" or "your" refers to the owner of the account or the
authorized representative.
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Access to Services
The Bank will provide instructions on how to use the Online Banking and
Bill payment Services. You will gain access to your Online Accounts through
the use of your Internet-enabled device, your ISP, your Password and your
User ID. You may access your Online Accounts 24 hours a day, seven (7) days
a week. However, availability of the Services may be suspended for brief
periods of time for purposes of maintenance, updating and revising the
software.
For purposes of transactions, the Bank's business days are Monday through
Friday, excluding holidays and weekends. All Online Banking transaction
requests received after 3:00 p.m. on business days and all transactions
which are requested on Saturdays, Sundays, or holidays on which the Bank
chooses to remain closed, will be processed on the Bank's next business
day.
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Banking Transactions with Online Banking
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Account Access. Unless you apply for and the bank grants you the
right in its sole discretion, you may access up to five (5) Bank
accounts online. One of these accounts must be a primary checking
account. Once you have selected your primary account you may select
up to four (4) additional accounts including other checking,
savings, certificates of deposit or loan accounts.
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Transfer of Funds. In addition to viewing account information, you
may use Online Banking to conduct the transfer of funds. You may
make one-time transfers or schedule future or recurring transfers
such as transfers to make loan payments. You may transfer funds
among your checking accounts, savings accounts and money market
accounts.
NOTE: Because regulations require the Bank to limit preauthorized transfers
(including Online Banking transfers), the following limitations apply:
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Savings and Money Market Savings accounts
. You can make no more than [six (6)] transfers per statement period by
preauthorized or automatic transfer or by telephone or Online Banking.
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Money Market Checking account
. You can make no more than [six (6)] transfers per statement period by
preauthorized or automatic transfer or by telephone or Online Banking
and no more than [three (3)] of these may be by check, draft or debit
card. Please note: If there are not sufficient funds in the
account, we cannot complete this transfer. However, future recurring
transfers will not be impacted.
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Additional Services. New services may be introduced for Online Banking
from time to time. The Bank will notify you of the existence of these
new services. By using these services when they become available, you
agree to be bound by the rules that will be made available to you
concerning these services.
Schedule of Fees
The Bank offers the benefits and convenience of the Online Banking Service
to you free. The bank will provide notice of fee changes at least 30 days
in advance.
Statements
You will continue to receive your regular account statement.
Use of Your Security Password
You are responsible for keeping your password and Online Account
information confidential. In order to protect yourself against fraud, you
should adhere to the following guidelines:
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Do not give out your account information, Password, or User ID;
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Do not leave your PC unattended while you are in the Bank's Online
Banking Site;
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Never leave your account information within range of others; and
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Do not send privileged account information (account number,
Password, etc.) in any public or general e-mail system.
If you believe your password has been lost or stolen, or if you suspect any
fraudulent activity on your account, call the Bank immediately at
1-877-687-1133 between the hours of 9:00 a.m. to 5:00 p.m., Monday through
Friday. Telephoning the Bank is the best way of minimizing your losses and
liability. (See; Section XII)
If you believe your Password has been lost or stolen, please use the
Password change feature within the Online Banking section of the Web site
to change your Password.
Electronic Mail (E-mail)
If you send the Bank an e-mail message, the Bank will be deemed to have
received it on the following business day. You should not rely on e-mail if
you need to report an unauthorized transaction from one of your accounts or
if you need to stop a payment that is scheduled to occur.
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NOTE: E-mail transmissions outside of the Online Banking site are
not secure. We advise you not to send us or ask for sensitive
information such as account numbers, Password, account information,
etc. via any general or public e-mail system. If you wish to
contact us electronically, please use the Guest Book provided in
our Online Banking site. Use this secure form to e-mail the Bank
regarding inquiries about an electronic funds transfer error
resolution, reporting unauthorized transactions, or contacting the
Bank regarding other concerns of a confidential nature.
Bill Payment Services
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Description of Service. The Bill Payment Service permits you to use
your Internet-enabled device to direct payments from your designated
online Bill Payment Account to third parties you wish to pay. Your Bill
Payment Account must be a primary checking account. Through the Bill
Payment Service, you can pay bills from your Bill Payment Account to
businesses or individuals.
All payments you make will be deducted from the checking account that you
designate as your Bill Payment Account for the Bill Payment Service. Any
payments you wish to make through this Service must be payable in U.S.
dollars to a payee located in the continental United States. We reserve the
right to restrict types of payees to whom payments may be made using the
Service from time to time. You should not use the Bill Payment Service to
make payments to settle securities purchases, payments to interest bearing
accounts, tax payments, or court ordered payments. Payments for these
payees will be your sole responsibility if delayed or improperly processed
or credited.
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Scheduling Payments. Funds must be available in your Bill Payment
Account on the scheduled payment date. If the date you schedule a
payment to be initiated falls on a non-business day (Saturday, Sunday,
or holiday), funds must be available in your Bill Payment Account the
following business day (e.g. Monday). After funds are withdrawn from
your Bill Payment Account to make a payment, we may make the payment
either by transferring funds electronically to the payee or by mailing
the payee a check.
You may choose to schedule payments to recur in the same amount at regular
weekly, monthly, or semi-monthly intervals. When you create a new payee in
the Bill Payment Service, it takes two (2) business days to set up the
payee to receive payments. You should schedule a payment to a new payee at
least ten (10) business days before any payment due date, to allow us time
to set up the payee and verify information about your account with the
payee.
For all subsequent payments, you agree to allow at least four (4) to ten
(10) business days between the date you schedule a payment to be initiated
and the payment due date (that is, the due date shown on your invoice or
provided in your agreement with the payee, not taking into account any
applicable grace period). If the payment is an Automatic Clearing House
(ACH) electronic payment, it will take up to four (4) business days to
reach the payee. However, if the company or person that you are paying
cannot accept an electronic payment, the Bill Payment Service will send a
check that may take up to ten (10) business days. If you do not follow
these time frames, you will be fully responsible for all late fees, finance
charges or other actions taken by the payee. If you schedule your payment
and follow all instructions provided, but the payment is not received by
the payee in a timely manner, the Bank will work with the payee on your
behalf to reverse any late fees or charges.
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No Duty to Monitor Payments. The Bank is only responsible for
exercising ordinary care in processing and sending payments upon your
authorization in accordance with this Agreement. The Bank will not be
liable in any way for damages you incur for any of the following
reasons:
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insufficient funds in your Bill Payment Account to make the payment on
the processing date;
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delays in mail delivery;
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changes to the payee's address or account number unless we've been
advised of the change in advance
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the failure of any payee to correctly account for or credit the payment
in a timely manner, or
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any other circumstances beyond the control of the Bank.
If the session during which you schedule a payment or transfer ends by 3:00
p.m., the Bank will be considered to have received it on that day.
Otherwise, it will be considered received on the following business day.
For all entries made using the Services, the time recorded by the Online
Banking Service will be considered the official time of the transaction.
If your Bill Payment Account does not have sufficient funds to make a
payment as of the date the payment is debited to your account, the Bill
Payment Service will automatically block future Bill Payment Service until
the account has sufficient funds to make the payment. The Bank will attempt
to notify you by e-mail , but the Bank shall have no obligation or
liability if it does not complete a payment because there are insufficient
funds in your account to process a payment. In all cases, you are
responsible for either contacting the Service at 1-877-687-1133 to either
make alternate arrangements for the payment or reschedule the payment
through the Service. In the case of fixed payments, only the payment
currently scheduled will be impacted. Fixed payments scheduled for future
dates will not be affected.
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Cancel or Change Payment Instructions. Payments must be changed or
canceled using the Service prior to 3:00 p.m. on the business day the
transaction is scheduled to be initiated. If you ask us to cancel a
payment after it is issued and we agree to do so, we may charge you a
stop payment fee. Stop payment orders whether oral, written, or
electronic, will be in effect for a period of six (6) months. If
requested by the Bank, you will confirm any stop payment order in
writing. After six (6) months, any stop payment will terminate and must
be renewed in order to continue in effect. The Bank may pay any item
that is presented following the lapse of any stop payment order.
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No Signature Required. When any payment or other online Service
generates items to be charged to your account, you agree that we may
debit your Bill Payment account without requiring your signature on the
item, and without prior notice to you.
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Multiple Person Bill Payment Accounts. If more than one person has
access to a Bill Payment account, each person may individually enroll
in the Bill Pay service. Each enrolled person needs a unique password
but may choose to use the same payee list. Each individual may
terminate her/his enrollment in the Bill Payment service without
affecting the Service for any other person enrolled in that Bill
Payment account. However, any enrolled person may terminate the Bill
Payment service that will terminate the service for all enrolled
persons on that Bill Payment account.
Linked Accounts
All accounts with the Bank that you enroll in a service will be linked by
the tax identification numbers of the persons authorized to access the
account. The linked accounts will appear together without regard to the
ownership of the accounts. For example, if an authorized user of a linked
account accesses the Service, that authorized user will be able to view and
access at a single time the following accounts:
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the accounts of the business for which that person is an authorized
user;
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the accounts of any other business for which that person is an
authorized user; and
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any consumer accounts for which the person is a co-owner or
authorized signer.
Business Accounts
If you are a business, any authorized user of your business is authorized
on such terms, conditions, and agreements as we may require to:
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enter into this Agreement, as amended from time to time;
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access each account of yours in any manner and for any purpose
available through the Service, whether now available or available
at some time in the future; and
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use any Online banking service in any manner and for any purpose
available through the Service, whether now available or available
at some time in the future.
Term and Termination
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Term. This Agreement will become effective on the Effective Date and
shall remain in full force and effect until termination in accordance
with the following provisions.
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Termination for Cause. We may immediately terminate your electronic
banking privileges (including the Bill Payment Service) without notice
to you under the following circumstances:
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you do not pay any fee required by this Agreement when due or
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you do not comply with the agreement governing your deposit or loan
accounts or your accounts are not maintained in good standing.
We will promptly notify you if we terminate this Agreement or your use of
the Services for any other reason.
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Termination for Convenience. To terminate this Agreement, you must
notify the Bank and provide your name, address, the Service(s) you are
discontinuing, and the termination date of the Service(s). When Bill
Payment is terminated, any prescheduled bill payments made through
Online Banking will also be terminated. Your final charge for the Bill
Payment service will be assessed at the end of your statement cycle.
You may notify the Bank by one of the following methods:
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By sending an e-mail to CUSTOMERSERVICE@STARTBANK.COM.
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By calling 1-877-687-1133
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By writing a letter and either sending it to the following address:
Start Community Bank, P.O. Box 3110 New Haven, CT 06515 or giving it to
a Customer Service Representative at any of the Bank's locations.
If you do not access your account, we may convert your account to inactive
status if you do not sign on to the Service or have any transaction
scheduled through the Service during any consecutive 90-day period. If your
account is considered inactive, you must contact us to have the Service
activated before you will be able to schedule any transaction through the
Service.
Electronic Fund Transfer Provisions For Consumers
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Applicability. These provisions are only applicable to online
electronic fund transfers that credit or debit a consumer's checking,
savings or other asset account and are subject to the Federal Reserve
Board's Regulation E (an "EFT"). When applicable, the Bank may rely on
any exceptions to these provisions that are contained in Regulation E.
All terms that are not defined in this Agreement but which are defined
in Regulation E shall have the same meaning when used in this section.
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Your Liability. The following determines your liability for any
unauthorized EFT or any series of related unauthorized EFTs:
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If you notify the Bank within two (2) business days after your
password was lost or stolen, your liability will not exceed $50.00
or the amount of the unauthorized EFTs that occur before
notification, whichever is less
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If you fail to notify the Bank within two (2) business days after
your password was lost or stolen, your liability will not exceed
the lesser of $500.00 or the total of:
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$50.00 or the amount of unauthorized EFTs that occur within the two (2)
business days; and
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the total of authorized EFTs which occur during the two (2) days before
notification to the Bank, provided the Bank establishes that these EFTs
would not have occurred had the Bank been notified within that two-day
period.
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You must report an unauthorized EFT that appears on your periodic
statement, no later than 30 days of transmittal of the statement to
avoid liability for subsequent transfers. Your liability will not
exceed the amount of the unauthorized EFTs that occurred with the
30-day period. You may also be liable for the amounts as described
in sections 1 and 2 above.
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If the report is made orally, we will require that you send the
complaint or question in writing within 20 business days. We will
notify you with the results of the investigation within 10 business
days and will correct any error promptly. If more time is needed,
however, we may take up to 45 days to investigate a complaint or
question. If this occurs, we will credit your account within 10
business days for the amount you think is in error. This will allow
you to use the money during the time it takes us to complete our
investigation. If your complaint or question is not received in
writing within 10 business days, we may not credit your account
until the investigation is completed. If an alleged error involves
an electronic fund transfer outside a state or territory or
possession of the United States, the applicable time periods for
action by us are 20 business days (instead of 10) and 90 calendar
days (instead of 45). If we determine that no error occurred, we
will send you a written explanation within three business days
after the investigation is complete. You may request copies of the
documents that were used in the investigation.
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You may notify the Bank by telephone, writing, or by email using
the Guest Book provided in our Online Banking site. Notification by
general e-mail to report an unauthorized transaction is not secure
and therefore not advised.
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Telephone Numbers and Addresses. In case of errors or questions
regarding an Online Banking or Bill Payment transaction, call (877)
687-1133 or email us at www.customer service@startbank.com or write us
at: Start Community Bank, P.O. Box 3110 New Haven, CT 06515
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We must hear from you at the telephone number or address, listed above,
no later than 30 days after we sent you the FIRST statement on which
the problem or error appeared. We will need:
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Your name and account number
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A description of the error or the transfer in question and an
explanation concerning why you believe it is an error or need more
information
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The dollar amount of the suspected error and date on which it
occurred.
Liability
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Our Liability. This section explains our liability to you only to the
extent that any other agreements, notices or disclosures have not
separately disclosed our liability. In no event shall we be liable to
you for failure to provide access to your Online Banking or Bill
Payment services accounts. Unless otherwise required by applicable law,
we are only responsible for performing the Online Banking and Bill
Payment services as delineated in this Agreement. We will be liable for
the amount of any material losses or damages incurred by you and
resulting directly from our gross negligence.
We will not be liable to you in the following instances:
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If through no fault of the Bank, you do not have enough money in
your account to make the transfer.
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If circumstances beyond our control (such as fire, flood, power
outage, equipment or technical failure or breakdown) prevents the
transfer despite reasonable precautions that we have taken.
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If there is a hold on your account, or if access to your account is
blocked, in accordance with banking policy.
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If your funds are subject to a legal proceeding or other
encumbrance restricting the transfer.
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If your transfer authorization terminates by operation of law.
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If you believe someone has accessed your accounts without your
permission and you fail to notify the Bank immediately.
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If you have not properly followed the instructions on how to make a
transfer included in this Agreement.
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If we have received incomplete or inaccurate information from you
or a third party involving the account or transfer.
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If we have a reasonable basis for believing that unauthorized use
of your Password or account has occurred or may be occurring or if
you default under this Agreement, the deposit account agreement, a
credit agreement or any other agreement with us, or if we or you
terminate this Agreement.
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF
THIS AGREEMENT.
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Indemnification. You agree to indemnify, defend and hold us, our
affiliate companies, directors, officers, employees and agents harmless
against any third party claim, demand, suit, action or other proceeding
and any expenses related to an Online Banking or Bill Payment account.
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Third Parties. We are not liable for any loss or liability resulting
from any failure of your equipment or software, or that of an internet
browser provider such as Netscape (Netscape Navigator browser) or
Microsoft (Microsoft Explorer browser), by an internet access provider,
or by an online service provider, nor will we be liable for any direct,
indirect, special or consequential damages resulting from your access
to or failure to access an Online Banking or Bill Payment account.
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Virus Protection. The Bank is not responsible for any electronic virus
or viruses that you may encounter. We suggest that you routinely scan
your PC using a virus protection product. An undetected virus may
corrupt and destroy your programs, files, and your hardware.
General Terms and Conditions
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Bank Agreements. In addition to this Agreement, you and the Bank agree
to be bound by and comply with the requirements of the agreements
applicable to each of your Online Accounts. Your use of the Online
Banking Service or the Bill Payment Service is your acknowledgment that
you have received these agreements and intend to be bound by them. You
should review other disclosures including the charges that may be
imposed for electronic funds transfers or the right to make transfers
listed in the fee schedules accompanying those disclosures and the fee
schedule contained in this Agreement. We will automatically deduct the
fees related to this Service from your Bill Payment Account each month.
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Changes and Modifications. The Bank may modify the terms and conditions
applicable to the Services from time to time. We may send any notice to
you via e-mail and you will have to be deemed to have received it three
days after it is sent. The revised terms and conditions shall be
effective at the earliest date allowed by applicable law. We reserve
the right to terminate this Agreement and your use of the Services in
whole or in part at any time without prior notice.
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Assignment. We may assign this Agreement to an affiliate of the Bank or
any successor in interest in the event of a merger, reorganization,
change of control, acquisition or sale of all or substantially all
assets of the business to which this Agreement is related without the
other party's prior written consent.
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Notices. Unless otherwise required by applicable law, any notice or
written communication given pursuant to this Agreement may be sent to
you electronically.
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Disclosure of Information. We will only disclose information to third
parties about your account or transfers you make under the following
circumstances:
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where it is necessary for the provision of Online Banking and for
completing transfers;
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in order to verify the existence and condition of your account for a
third party, such as a credit bureau or merchant;
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in order to comply with government or court orders, or other reporting
requirements;
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if you give us your permission;
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to the Bank affiliated companies.
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Governing Law. This Agreement is governed by the laws of the State of
Connecticut and applicable federal law.