Terms & Conditions

Bankwell Bill Pay Service Terms and Conditions
Important
Please read carefully. This is your agreement with Bankwell. By using Bankwell?s Bill Pay
Service you agree to be bound to the terms and conditions herein.
Definitions
?Agreement? shall mean all terms and conditions defined herein.
?Financial Institution?, ?We?, or ?Us? shall refer to Bankwell.
?Service? shall mean the Bill Payment Service offered by the Financial Institution and associated third party providers.
?You?, ?Your?, or ?Subscriber? shall mean each person who agrees to accept these bill payment Service Terms and Conditions or is otherwise authorized to use the Service.
?Payee? or ?Biller? shall mean the individual, business, or other entity to which you intend to send a payment through the Service and for which you accurately provide and maintain the appropriate or required information such as name, bill remittance / payment delivery address, phone number, account number and account holder name; and to whom you authorize the Financial Institution to remit payments on your behalf through the Service.
?Payee List? shall mean your personal list of Payees that you maintain within the Service and from which list you may select to schedule Payments.
?Merchant? shall mean any Payee you establish within the Service for whom the Service provider has established a business relationship expressly for the purpose of remitting Payments from the Service.
?Funding Account? shall mean the checking or similar account for which you are an authorized signer, and from which the Financial Institution may debit or otherwise collect the funds necessary to remit the Scheduled Payment to the corresponding Payee, per your instructions.
?Business Day? shall mean every Monday through Friday, excluding Bank holidays.
?Scheduled Payment? shall mean the payment instructions you establish within the Service in order to properly direct funds from the Funding Account you designate to the Payee you designate.
?Expedited Payment? is a payment funded through the Funding Account and scheduled for expedited processing, with the intent of obtaining next day payment of the Payee.
?One-Time Payment? or ?Single Payment? shall mean a Scheduled Payment that results in a single payment delivered to the Payee per your instructions.
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?Recurring Payment? shall mean a Scheduled Payment that results in a series of payments delivered to the Payee at regular intervals per your instructions and shall continue to do so until you cancel it or until the maximum number of payments and/or final payment date that you specified is reached.
?Payment? shall mean the specific single instance of a One-Time Payment or a specific instance of a Recurring Payment, as the case may be.
?Payment Amount? shall mean the monetary figure you specify in a Scheduled Payment, including the regular amount and the final amount of a Recurring Payment series, that the Service shall remit to the Payee.
?Due Date?, ?Deliver by Date?, or ?Delivery Date? shall mean the Business Day on which you schedule the Payment to be delivered to your Payee, unless this date falls on a non-Business Day in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions. In any case, it is the date you determine to be most appropriate to deliver the payment to your Payee considering such factors as the Payee-specified date payment due, grace period, late payment policy or late fee, and/or your knowledge of actual time required for the Payee to receive and process the payment and to credit your account with the Payee, and/or the urgency/criticality of payment delivery, as the case may be.
?Cut-Off Time? shall mean the time of day that Payments to be processed that day shall be processed, and after which time the earliest possible Due Date or Deliver by Date shall be calculated from the next Business Day.
Bill Payment Service
You may use the Financial Institution?s Bill Payment Service, to direct the Financial Institution and/or Service provider to make payments from your Funding Account to the Payees you choose in accordance with this Agreement. The terms and conditions of this Agreement are in addition to the Account agreements, disclosures, and other documents in effect from time to time governing your Funding Account.
Service Guarantee
The Service provider will bear responsibility for any late payment related charges up to Fifty Dollars ($50.00) should a Payment post after the Scheduled Deliver by Date, provided that the Payment was scheduled, and the Payee information was maintained in accordance with the guidelines described within this Agreement. Notwithstanding the foregoing, the Service provider shall not be responsible for any such charges if the Service provider does not have responsibility or liability for a Payment transaction, late payments or late payment related charges under the other provisions of this Agreement, including, without limitation, those payments described under the Exception Payments section below.
Responsibility
The Service provider shall use commercially reasonable efforts to process the Scheduled Payments per your instructions. Neither the Service provider nor the Financial Institution shall be liable for any Payment transaction if: (i) you do not have enough money in your Funding
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Account to complete the transaction; (ii) a legal order prohibits withdrawals from your account; (iii) your Funding Account is closed or has been frozen, or is otherwise not authorized to debit the corresponding Payment Amount; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with the Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide complete and correct Funding Account, Payment
or Payee information; (viii) you did not properly follow the instructions or terms and conditions for use of the Service; (ix) you knew and/or had been advised that Service was not operating properly at the time you scheduled the Payment; (x) there is a postal delay; or (xi) circumstances beyond the Service provider?s control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder, or delay the transaction. With the exception of the foregoing, if the Service incorrectly debits your Funding Account and/or directs funds from your Funding Account to a Payee inconsistent with the instructions you specified in the Scheduled Payment, the Service shall, upon detecting the error or receiving notice from you, be responsible for returning the improperly transferred funds to your Funding Account and/or redirecting funds to the proper Payee and/or contacting the Payee to request appropriate adjustments on your account with the Payee except as otherwise provided under the Authorization section below.
Liability
? Business Accounts
You will be responsible for any Payment request you make that contains an error or is a duplicate of another Payment. The Financial Institution and/or Service provider is not responsible for a Payment that is not made if you did not properly follow the instructions for making a Payment. The Financial Institution and/or Service provider is not liable for any failure to make a Payment if you fail to promptly notify the Financial Institution after you learn that you have not received credit from a Payee for a Payment. The Financial Institution and/or Service provider is not responsible for your acts or omissions or those of any other person, including, without limitation, any Payee or transmission or communications facility, and no such party shall be deemed to be the Financial Institution?s and/or Service provider's agent. In any event, the Financial Institution and/or Service provider will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Financial Institution and/or Service provider has knowledge of the possibility of them. The Financial Institution and/or Service provider is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Financial Institution's and/or Service provider?s reasonable control.
?Consumer Account
ELECTRONIC FUND TRANSFER AGREEMENT AND DISCLOSURE
For purposes of this disclosure and agreement the terms "we", "us" and "our" refer to Bankwell Bank. The terms "you" and "your" refer to the recipient of this disclosure and agreement.
The Electronic Fund Transfer Act and Regulation E require institutions to provide certain information to customers regarding electronic fund transfers (EFTs). This disclosure applies to any EFT service you receive from us related to an account established primarily for personal,
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family or household purposes. Examples of EFT services include direct deposits to your account, automatic regular payments made from your account to a third party and one-time electronic payments from your account using information from your check to pay for purchases or to pay bills. This disclosure also applies to the use of your ATM CARD, Debit Card, Business Debit Card or Health Savings Debit Card at automated teller machines (ATMs) and any networks described below.
TERMS AND CONDITIONS. The following provisions govern the use of electronic fund transfer (EFT) services through accounts held by Bankwell Bank which are established primarily for personal, family or household purposes. If you use any EFT services provided, you agree to be bound by the applicable terms and conditions listed below. Please read this document carefully and retain it for future reference.
ELECTRONIC FUND TRANSFER SERVICES PROVIDED
SERVICES PROVIDED THROUGH USE OF ATM CARD, DEBIT CARD, BUSINESS DEBIT CARD OR HEALTH SAVINGS DEBIT CARD
If you have received an electronic fund transfer card ("ATM CARD," "Debit Card," "Business Debit Card" or "Health Savings Debit Card"- hereinafter referred to collectively as "ATM Card or Debit Card") from us you may use it for the type(s) of services noted below, and the following provisions are applicable:
USING YOUR CARD AND PERSONAL IDENTIFICATION NUMBER ("PIN"). In order to assist us in maintaining the security of your account and the terminals, the ATM Card or Debit Card remains our property and may be revoked or canceled at any time without giving you prior notice. You agree not to use your ATM Card or Debit Card for a transaction that would cause your account balance to go below zero, or to access an account that is no longer available or lacks sufficient funds to complete the transaction, including any available line of credit. We will not be required to complete any such transaction, but if we do, we may, at our sole discretion, charge or credit the transaction to another account; you agree to pay us the amount of the improper withdrawal or transfer upon request.
Your ATM Card may only be used with your PIN. Certain transactions involving your Debit Card require use of your PIN. Your PIN is used to identify you as an authorized user. Because the PIN is used for identification purposes, you agree to notify Bankwell Bank immediately if your ATM Card or Debit Card is lost or if the secrecy of your PIN is compromised. You also agree not to reveal your PIN to any person not authorized by you to use your ATM Card or Debit Card or to write your PIN on your ATM Card or Debit Card or on any other item kept with your
ATM Card or Debit Card. We have the right to refuse a transaction on your account when your ATM Card or Debit Card or PIN has been reported lost or stolen or when we reasonably believe there is unusual activity on your account.
The security of your account depends upon your maintaining possession of your ATM Card or Debit Card and the secrecy of your PIN. You may change your PIN if you feel that the secrecy of your PIN has been compromised. You may change your PIN by calling toll free 1-800-992-3808.
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ATM SERVICES ATM CARD SERVICES. The services available through use of your ATM CARD are described below:
You may withdraw cash from your checking account(s), and savings account(s).
You may make deposits into your checking account(s), and savings account(s).
You may transfer funds between your checking and savings accounts.
You may make balance inquiries on your checking account(s), and savings account(s).
DEBIT CARD SERVICES. The services available through use of your Debit Card, Business Debit Card and Health Savings Debit Card are described below.
DEBIT CARD SERVICES - The following services are available through use of your Debit Card:
You may withdraw cash from your checking account(s), and savings account(s).
You may make deposits into your checking account(s), and savings account(s).
You may transfer funds between your checking and savings accounts.
You may make balance inquiries on your checking account(s), and savings account(s).
BUSINESS DEBIT CARD SERVICES - The following services are available through use of your Business Debit Card:
You may withdraw cash from your checking account(s), and savings account(s).
You may make deposits into your checking account(s), and savings account(s).
You may transfer funds between your checking and savings accounts.
You may make balance inquiries on your checking account(s), and savings account(s).
OTHER ATM SERVICES. You may change your PIN at an ATM.
ATM FEES. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used, and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer.
POINT OF SALE TRANSACTIONS
You may use your ATM CARD, Debit Card, Business Debit Card or Health Savings Debit Card (''POS Access Card'') to purchase goods and services from merchants that have arranged to accept your POS Access Card as a means of payment (these merchants are referred to as
"Participating Merchants"). Some Participating Merchants may permit you to receive cash back as part of your purchase. Purchases made with your POS Access Card, including any purchase where you receive cash, are referred to as "Point of Sale" transactions and will cause your
"Designated account" to be debited for the amount of the purchase. The designated account for ATM CARD transactions is your checking account. The designated account for Debit Card transactions is your checking account. The designated account for Business Debit Card
transactions is your checking account. The designated account for Health Savings Debit Card transactions is your checking account.
In addition, your Debit Card, Business Debit Card or Health Savings Debit Card may be used at any merchant that accepts Visa? debit cards for the purchase of goods and services. Your card
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may also be used to obtain cash from your designated account at participating financial institutions.
Each time you use your POS Access Card, the amount of the transaction will be debited from your designated account. We have the right to return any check or other item drawn against your account to ensure there are funds available to pay for the transactions. We may, but do not have to, allow transactions which exceed your available account balance or, if applicable, your available overdraft protection. If we do, you agree to pay the overdraft.
CURRENCY CONVERSION - Visa?. When you use your card with the Visa? logo at a merchant that settles in currency other than US dollars, the charge will be converted into the US dollar amount. The currency conversion rate used to determine the transaction amount in US dollars is a rate selected by Visa? from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa? itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by the issuer. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date.
IMPORTANT ADDITIONAL FEE NOTICE: Visa charges an International Service Assessment Fee on all international transactions. Therefore, you will be charged 1.000% of the dollar amount of the transaction for each international transaction completed with your Visa? card when the country of the merchant or machine is different than your country as cardholder.
SERVICES PROVIDED THROUGH USE OF VOICE REPONSE UNIT (VRU)
1-800-963-8919
You may perform the following functions through use of VRU.
You may initiate transfers of funds between your checking and savings accounts.
You may make balance inquiries on your checking account(s), and savings account(s).
You may change your PIN via the telephone.
PREAUTHORIZED TRANSFER SERVICES
You may arrange for the preauthorized automatic deposit of funds to your checking account(s), and savings account(s).
You may arrange for the preauthorized automatic payment of bills from your checking account(s).
SERVICES PROVIDED THROUGH USE OF INTERNET BANKING
Bankwell Bank offers its customers use of our Internet Banking service.
Transfer funds between eligible accounts.
Obtain balance information on eligible accounts.
Review transactions on eligible accounts.
Make loan payments.
Stop payment requests.
Online bill payment.
Obtain copy of statement.
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Order checks.
ELECTRONIC CHECK CONVERSION
You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or to pay bills.
LIMITATIONS ON TRANSACTIONS TRANSACTION LIMITATIONS - ATM CARD
CASH WITHDRAWAL LIMITATIONS - You may withdraw up to $500.00 through use of ATMs in any one day. You may make up to five (5) withdrawals of cash through use of ATMs in any one day.
POINT OF SALE LIMITATIONS - You may buy up to $1,000.00 worth of goods or services in any one day through use of our Point of Sale service. You can use our Point of Sale service for up to 15 transactions in any one day.
TRANSACTION LIMITATIONS - DEBIT CARD
CASH WITHDRAWAL LIMITATIONS - You may withdraw up to $800.00 through use of ATMs in any one day. You may make up to five (5) withdrawals of cash through use of ATMs in any one day.
POINT OF SALE LIMITATIONS - You may buy up to $2,000.00 worth of goods or services in any one day through use of our Point of Sale service. You can use our Point of Sale service for up to 15 transactions in any one day.
TRANSACTION LIMITATIONS - BUSINESS DEBIT CARD
CASH WITHDRAWAL LIMITATIONS - You may withdraw up to $800.00 through use of ATMs in any one day. You may make up to five (5) withdrawals of cash through use of ATMs in any one day.
POINT OF SALE LIMITATIONS - You may buy up to $2,000.00 worth of goods or services in any one day through use of our Point of Sale service. You can use our Point of Sale service for up to 15 transactions in any one day.
TRANSACTION LIMITATIONS - HEALTH SAVINGS DEBIT CARD
POINT OF SALE LIMITATIONS - You may buy up to $1,500.00 worth of goods or services in any one day through use of our Point of Sale service. You can use our Point of Sale service for up to 15 transactions in any one day.
OTHER LIMITATIONS
LIMITS ON TRANSFERS FROM CERTAIN ACCOUNTS. Federal regulation limits the number of checks, telephone transfers, online transfers and preauthorized electronic transfers to third parties (including Point of Sale transactions) from money market and savings type accounts. You are limited to six (6) such transactions from each money market and/or savings type account(s) you have each month for purposes of making a payment to a third party or by use of a telephone or computer.
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NOTICE OF RIGHTS AND RESPONSIBILITIES
The use of any electronic fund transfer services described in this document creates certain rights and responsibilities regarding these services as described below.
RIGHT TO RECEIVE DOCUMENTATION OF YOUR TRANSFERS
TRANSACTION RECEIPTS. Depending on the location of an ATM, you may not be given the option to receive a receipt if your transaction is$15.00 or less. Upon completing a transaction of more than $15.00, you will receive a printed receipt documenting the transaction (unless you choose not to get a paper receipt). These receipts (or the transaction number given in place of the paper receipt) should be retained to verify that a transaction was performed. A receipt will be provided for any transaction of more than $15.00 made with your ATM Card or Debit Card at a Participating Merchant. If the transaction is $15.00 or less, the Participating Merchant is not required to provide a receipt.
PERIODIC STATEMENTS. If your account is subject to receiving a monthly statement, all EFT transactions will be reported on it. If your account is subject to receiving a statement less frequently than monthly, then you will continue to receive your statement on that cycle, unless there are EFT transactions, in which case you will receive a monthly statement. In any case you will receive your statement at least quarterly.
PREAUTHORIZED DEPOSITS. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company: you can call us at 203-652-2940 to find out whether or not the deposit has been made.
RIGHTS REGARDING PREAUTHORIZED TRANSFERSRIGHTS AND PROCEDURES TO STOP PAYMENTS. If you have instructed us to make regular preauthorized transfers out of your account, you may stop any of the payments. To stop a payment, call us at:
203-652-2940 (9 am to 5 pm)
or write to:
Bankwell
258 Elm Street
New Canaan, CT 06840
We must receive your call or written request at least three (3) business days prior to the scheduled payment. If you call, please have the following information ready: your account number, the date the transfer is to take place, to whom the transfer is being made and the amount of the scheduled transfer. If you call, we will require you to put your request in writing and deliver it to us within fourteen (14) days after you call.
NOTICE OF VARYING AMOUNTS. If you have arranged for automatic periodic payments to be deducted from your checking or savings account and these payments vary in amount, you will be notified by the person or company you are going to pay ten days prior to the payment date of the amount to be deducted. 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.
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OUR LIABILITY FOR FAILURE TO STOP PREAUTHORIZED TRANSFER PAYMENTS. If you order us to stop one of the payments and have provided us with the information we need at least three (3) business days prior to the scheduled transfer, and we do not stop the transfer, we will be liable for your losses or damages.
YOUR RESPONSIBILITY TO NOTIFY US OF LOSS OR THEFT
If you believe your ATM Card or Debit Card or PIN or internet banking access code has been lost or stolen, call us at:
203-652-2940 (9 am to 5 pm)
or write to:
Bankwell Bank
258 Elm Street
New Canaan, CT 06840
For after-hours Lost/Stolen Visa Check Card Support, call (800) 472-3272.
You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.
CONSUMER LIABILITY
Tell us at once if you believe your ATM Card or Debit Card or PIN or internet banking access code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. If you tell us within two (2) business days after you learn of the loss or theft of your ATM Card or Debit Card or PIN, you can lose no more than fifty dollars ($50) if someone used your ATM Card or Debit Card or PIN without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your ATM Card or Debit Card or PIN and we can prove we could have stopped someone from using your ATM Card or Debit Card or PIN without your permission if you had given us notice, you can lose as much as five hundred dollars ($500).
Also, if your statement shows transfers you did not make, including those made by card, code, or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was transmitted to you, you may not receive back any money you lost after the sixty (60) days, and therefore, you could lose all the money in your account (plus your maximum overdraft line of credit, if applicable), if we can prove that we could have stopped someone from taking the money had you given us notice in time. If a good reason (such as a long trip or hospital stay) keeps you from giving the notice, we will extend the time periods.
CONSUMER LIABILITY FOR UNAUTHORIZED TRANSACTIONS INVOLVING DEBIT CARD, BUSINESS DEBIT CARD OR HEALTH
SAVINGS DEBIT CARD
The limitations on your liability for unauthorized transactions described above generally apply to all electronic fund transfers. However, different limitations apply to certain transactions involving your card with the Visa? logo. These limits apply to unauthorized transactions processed on the Visa? Network.
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If you notify us about an unauthorized transaction involving your Debit Card, Business Debit Card or Health Savings Debit Card, and the unauthorized transaction took place on the Visa? Network, zero liability will be imposed on you for the unauthorized transaction. We may increase the limit of your liability for such unauthorized transactions if we reasonably determine, based on substantial evidence, that you were grossly negligent or fraudulent in the handling of your account or your Debit Card, Business Debit Card or Health Savings Debit Card. The zero liability provisions do not apply to PIN-based transactions not processed by the Visa? Network, including ATM transactions. Your liability for unauthorized transactions with your Debit Card, Business Debit Card or Health Savings Debit Card that involve PIN-based debit transactions not processed by the Visa? Network, including ATM transactions, are described under "Consumer Liability" above.
ILLEGAL USE OF DEBIT CARD. You agree not to use your Debit Card for any illegal transactions, including internet gambling and similar activities.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS
In case of errors or questions about your electronic fund transfers, call us at:
203-652-2940 (9 am to 5 pm)
or write to:
Bankwell
258 Elm Street
New Canaan, CT 06840
or use the current information on your most recent account statement. Notification should be made as soon as possible if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact Bankwell Bank no later than 60 days after it sent you the first statement on which the problem or error appears.
You must be prepared to provide the following information:
- Your name and account number.
- A description of the error or transaction you are unsure about along with an explanation as to why you believe it is an error or why you need more information.
- The dollar amount of the suspected error.
If you provide oral notice, you will be required to send in your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) after we hear from you 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 new accounts and foreign initiated or Point of Sale transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days for new accounts) for the amount which you think is in error, so that you will have the use of the money during the time it takes to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. The extended time periods for new accounts apply to all electronic fund transfers that occur within the first thirty (30) days after the first deposit to the account is made, including those for foreign initiated or
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Point of Sale transactions. Visa's? cardholder protection policy requires that we provide provisional credit for losses from unauthorized Visa? Check Card use within five (5) business days of notification of the loss. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
LIABILITY FOR FAILURE TO COMPLETE TRANSACTION
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages as provided by law. However, there are some exceptions.
We will NOT be liable, for instance:
- If through no fault of ours, you do not have enough money in your account to make the transfer.
- If the transfer would result in you exceeding the credit limit on your line of credit, if you have one.
- If the electronic terminal was not working properly and you knew about the breakdown before you started the transfer.
- If circumstances beyond our control (such as fire or flood, computer or machine breakdown, or failure or interruption of communications facilities) prevent the transfer, despite reasonable precautions we have taken.
- If we have terminated our Agreement with you.
- When your ATM Card or Debit Card has been reported lost or stolen or we have reason to believe that something is wrong with a transaction.
- If we receive inaccurate or incomplete information needed to complete a transaction.
- In the case of preauthorized transfers, we will not be liable where there is a breakdown of the system which would normally handle the transfer.
- If the funds in the account are subject to legal action preventing a transfer to or from your account.
- If the electronic terminal does not have enough cash to complete the transaction.
- There may be other exceptions provided by applicable law.
CHARGES FOR TRANSFERS OR THE RIGHT TO MAKE TRANSFERS
We reserve the right to impose a fee and to change fees upon notice to you.
DISCLOSURE OF ACCOUNT INFORMATION
You agree that merchant authorization messages transmitted in connection with Point of Sale transactions are permissible disclosures of account information, and you further agree to release Bankwell Bank and hold it harmless from any liability arising out of the transmission of these messages.
We will disclose information to third parties about your account or electronic fund transfers made to your account:
1. Where necessary to complete a transfer or to investigate and resolve errors involving the transfer(s); or
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2. In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant; or
3. In order to comply with government agency or court orders; or
4. With your consent.
DEFINITION OF BUSINESS DAY
Business days are Monday through Friday, excluding Bank holidays.
AMENDING OR TERMINATING THE AGREEMENT
We may change this agreement from time to time. You will be notified at least 30 days before a change will take effect if it will cause you an increase in costs or liability or it will limit your ability to make electronic fund transfers. No notice will be given if the change is necessary for security reasons. We also have the right to terminate this agreement at any time.
NOTICE OF ATM SAFETY PRECAUTIONS
SAFETY PRECAUTIONS FOR ATM TERMINAL USAGE. Please keep in mind the following basic safety tips whenever you use an ATM:
- Have your ATM Card or Debit Card ready to use when you reach the ATM. Have all of your forms ready before you get to the machine. Keep some extra forms (envelopes) at home for this purpose.
- If you are new to ATM usage, use machines close to or inside a financial institution until you become comfortable and can conduct your usage quickly.
- If using an ATM in an isolated area, take someone else with you if possible. Have them watch from the car as you conduct your transaction.
- Do not use ATMs at night unless the area and machine are well-lighted. If the lights are out, go to a different location.
- If someone else is using the machine you want to use, stand back or stay in your car until the machine is free. Watch out for suspicious people lurking around ATMs, especially during the times that few people are around.
- When using the machine, stand so you block anyone else's view from behind.
- If anything suspicious occurs when you are using a machine, cancel what you are doing and leave immediately. If going to your car, lock your doors.
- Do not stand at the ATM counting cash. Check that you received the right amount later in a secure place, and reconcile it to your receipt then.
- Keep your receipts and verify transactions on your account statement. Report errors immediately. Do not leave receipts at an ATM location.
ADDITIONAL PROVISIONS
Your account is also governed by the terms and conditions of other applicable agreements between you and Bankwell Bank.
You agree not to reveal your PIN to any person not authorized by you to access your account.
Setting Up and Maintaining Payees
To register for this Service, you will need to complete your bill paying enrollment form. When you complete this form, you will be asked to select a User I.D. and a Personal Identification
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Number (?PIN?). We will make every effort to accommodate your requests, but if there are customers who have previously selected the same User I.D., you may be asked to choose a different User I.D. Each time you access the Service, you will be asked to enter your User I.D. and PIN. Three (3) incorrect log-in attempts will cause the account to be locked out and you will need to call Customer Service to reset your information.
To begin using the Service you will first need to establish at least one Payee in your Payee List. You may add, modify, or delete Payees, as necessary. It is your responsibility to manage your Payee List and maintain accurate Payee information, such as but not limited to the address to which the Payee specifies Payments are to be delivered, your account number with the Payee, the name on your account with the Payee, etc., except where the Service expressly indicates that it shall manage such Payee information, such as a Merchant?s remittance address. Payees must reside or exist within the United States of America or its territories or commonwealths. The Service provider and/or the Financial Institution reserve the right to refuse or remove a Payee for any reason. We are not responsible for payments that cannot be made due to incomplete, incorrect, or outdated information.
The Service is not intended for use to make payments for alimony, child support, any type of insurance, taxes or other government fees or court-directed payments. You acknowledge that if you do submit a payment to one of these restricted vendors through the Service, We will not assume any liability for penalties, cancellation of coverage or any other expense, claim or damage related to nonpayment upon the processing or completion of such a payment. Any such payments are done at your own risk. While you are still able to submit such payments through the Service, they will not be covered under the Service Guarantee in this Agreement.
Setting Up Payments
To schedule Payments, you must choose a Payee from your Payee List. You may schedule One-Time Payments, Single Payments and Recurring Payments to any of your Payees. It is your responsibility to cancel, skip, reschedule or revise a Scheduled Payment in accordance with the Payee?s instructions to you, or as needed to ensure sufficient available funds in the corresponding Funding Account, or under circumstances where the Payee may return the Payment to the Service provider due to any reason outside the Service provider?s or the Financial Institution?s control. The Service provider and/or the Financial Institution reserve the right to refuse or cancel a Payment for any reason. The earliest possible Due Date/Deliver by Date for each Payee will be determined and presented by the Service when you schedule a Payment. The Service will not permit a Due Date/Deliver by Date earlier than the earliest possible dates presented. The Service determines this earliest possible Due Date/Deliver by Date based on the number of Business Days required to deliver a Payment to the Payee, which is primarily affected by whether or not the Payee has agreed to accept remittance of Payments electronically (typically one or two (1 or 2) Business Days) or requires Payments be delivered by check (typically four or five (4 or 5) Business Days). A Payee?s location or policies for posting and crediting payments may require additional Business Days. Payments scheduled after the Service?s Cut-Off Time shall be processed no earlier than the following Business Day. Currently, the Cut-Off Time is 4:00 p.m. Eastern Standard Time, but the Service provider and/or the Financial Institution may change the Cut-Off Time without prior notice. If you designate a non-business date (generally weekends and certain holidays) as the payment?s processing date, the payment will be processed
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the day immediately preceding or the business day following as indicated in the scheduled payment instructions. You should carefully consider factors such as the Payee?s date payment due, grace period, whether the Payee?s date payment due falls on a non-Business Day, etc., when scheduling a Payment to avoid late payments and late fees. You must allow the necessary number of Business Days prior to the Payee?s date payment due for each Payment, including each Payment of a Recurring Payment series. Some businesses take longer to post payments than others. You should consider allowing additional time for the initial Payment to a Payee through the Service in order to gauge the appropriate Pay Due Date/Deliver by Date in each case and determine whether to allow an additional one (1) or two (2) business days to avoid incurring any late fee charged by the Merchant. It is your responsibility to schedule Payments appropriately and in accordance with the Payee?s requirements. Neither the Service provider nor the Financial Institution shall be responsible for late payments, nor reimburse you for late fees, for any Payment delivered in accordance with your instructions, or as a result of a Payee?s payment processing policies, or any other circumstance outside the Service provider?s control. When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a processing date is calculated for the next occurrence of the payment. If the calculated processing date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules:
? If the recurring payment?s ?Pay Before? option is selected, the processing date for the new occurrence of the payment is adjusted to the first business date prior to the calculated processing date.
? If the recurring payment?s ?Pay After? option is selected, the processing date for the new occurrence of the payment is adjusted to the first business date after the calculated processing date. If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated processing date, then the last calendar day of that month is used as the calculated processing date. Payments to Payees, businesses, or individuals, outside the United States of America or its territories or commonwealths, are prohibited.
Expedited Payments
The Service will allow you to make Expedited Payments using the funds in your Funding Account for a fee. An Expedited Payment may be delivered to the Payee via electronic fund transfer (ACH Debit) or paper check mailed through an overnight service depending on the Payees capabilities. Scheduled Payments are processed as batch transactions at the end of the Business Day. Expedited Payments, depending on the time the transaction was scheduled, may be processed with the Scheduled Payments, or immediately. Next day delivery of overnight checks may depend on the time of day that the transaction is scheduled and is not guaranteed. There is a fee for processing Expedited Payment. These fees are disclosed in the Expedited Payment Terms and Conditions presented at the time of setting up an Expedited Payment.
Editing or Canceling Payments
Any Payment can be modified or canceled, provided you access the Service prior to the Cut-Off Time on the Business Day that the Payment is going to be processed. Once a check payment is in-process, it cannot be canceled through the Service. Instead, you must contact Customer Service at 877-761-3265 to request a stop payment. An electronic payment cannot be canceled or stopped if it is no longer in a scheduled status. A Recurring Payment may be edited or canceled
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after processing for the current Payment instance is complete. Expedited payments by check that are processed immediately due to timing may not be able to be stopped or cancelled.
Stop Payment
You may request to stop payment after a payment has been processed by contacting Bankwell Customer Support. The Service?s ability to successfully stop payment depends on how the funds were remitted to the Payee and the elapsed time since the Payment was processed. The Service provider and the Financial Institution will make commercially reasonable efforts to stop payment per your request but shall have no liability if unsuccessful. You may be charged a stop payment fee for each request.
Exception Payments
Tax payments and court ordered payments should not be scheduled through the Service. In no event shall the Financial Institution or Service provider be liable for any claims or damages resulting from you scheduling these types of payments. The Service provider shall have no obligation to research or resolve any claim resulting from any such payment. All research and resolution for any misapplied, misposted, or misdirected payments will be your sole responsibility.
Bill Payment Process
The Service will process Payments in accordance with the Payment instructions you provide. The Service will not process Payments on weekends or bank holidays. The Service will debit your Funding Account or issue a draft against your Funding Account and deliver those funds to the designated Payee on your behalf such that the funds arrive as close to the scheduled Due Date / Deliver by Date as is reasonably practicable. Numerous business and technical requirements determine if a Payee can accept Payments electronically, but in all cases, Payments can be remitted by check. The Service provider shall have sole discretion to determine the appropriate remittance method. In order to process Payments efficiently and effectively, or otherwise comply with Merchants? remittance requirements, the Service reserves the right to change or update Payee data or alter the method of Payment remittance. Neither the Service provider nor the Financial Institution shall be responsible for late payments, nor reimburse you for late fees, due to: a) U.S. postal delivery issues; b) electronic remittance network issues; c) your Payee?s payment processing procedures; d) instances where the financial risk associated with the Payment requires check remittance instead of electronic remittance or additional Business Days to ensure sufficient funds in the Funding Account are available; or d) other circumstances beyond its control.
Authorization
When you schedule a Payment, you expressly authorize the Service provider and/or the Financial
Institution to withdraw from your Funding Account the Payment Amount and to remit those funds to the designated Payee on your behalf, and additionally to debit your Funding Account for any applicable Service-related fees. You further authorize the Financial Institution to credit your Funding Account for any payment returned from or undeliverable to the Payee. In addition, you certify that the Funding Account is an account from which you are authorized to make payments and incur debits. You agree to have available and collected funds on deposit in the designated Funding Account in amounts sufficient to process each Payment as requested by you, as well as
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any other payment obligations you have to the Financial Institution. The Financial Institution reserves the right, without liability, to reject or reverse a Payment if you fail to comply with this requirement or any other terms of this Agreement. If you do not have sufficient funds in the Funding Account and the Financial Institution has not exercised its right to reverse or reject a Payment, you agree to pay for such Payment obligations on demand. You further agree the Financial Institution, at its option, may charge any of your accounts at the Financial Institution to cover such Payment obligations.
You authorize the Service provider and the Financial Institution to contact your Payees to request
appropriate adjustments consistent with your Payment instructions and/or as pertaining to the Service Guarantee and Responsibility, and/or to stop payment on any draft issued against your Funding Account in connection with the Service in the unlikely event that the Service remits funds incorrectly to any of your Payees, and/or to withdraw funds from your Funding Account in such event if you otherwise receive the benefit of the amount of such incorrectly remitted funds.
Returned Payments
In using the Service, you understand that Payments may be returned by or to the Service provider for various reasons including but not limited to: the account or account number at the Payee is not valid, the Payee address is not valid, the Payee returns or rejects the remittance item, the account at the Payee has been paid in full or has been turned over to another company or individual. The Service shall use commercially reasonable efforts to research and correct the returned payment or void the payment and credit your Funding Account. You may receive notification from the Service.
Service Fees and Additional Charges
Once enrolled in the Bankwell Bill Pay Service any applicable monthly fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services, such as but not limited to Expedited Payments, Gift Checks, Charitable Contributions or Stop Pays. You agree to pay such charges and authorize the Service to deduct the calculated amount from your Funding Account for these amounts and any additional charges that may be incurred by you. Any fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
Bill Delivery and Presentment
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service provider's electronic bill options, you also agree to the following:
Information provided to the Biller - The Service provider is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Service may, at the request of the Biller, provide to the Biller
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your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
Activation - Upon activation of the electronic bill feature the Service provider may notify the Biller of your request to receive electronic billing information. 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 each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your username and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
Notification - The Service provider will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service provider may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of 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 each Biller. The Service provider will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service provider will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
Non-Delivery of electronic bill(s) - You agree to hold the Service provider harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
Accuracy and dispute of electronic bill - The Service provider is not responsible for the accuracy of your electronic bill(s). The Service provider is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly. This Agreement does not alter your liability or obligations that currently exist between you and your
Billers.
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Account Security
You are solely responsible for controlling the safekeeping of and access to your User I.D., password, or other means to access your account. You agree not to give out or make available your User I.D., password, access code, authenticating image or other means to access your account to any unauthorized individuals. You are responsible for all Payment transactions authorized by you or by anyone to whom you provide access to your Funding account. You are liable for all Payment transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Financial Institution at once by calling Customer Support at 877-761-3265. The Customer Support Center is open Monday ? Friday, 8 am to 5 pm on normal business days. You may also write to us at:
Bankwell Customer Support
Bankwell Digital Banking
258 Elm Street
New Canaan CT 06840
Electronic Mail (E-Mail)
Sending E-mail is a very good way to communicate with Financial Institution and/or Service provider regarding your accounts or the Services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail communication. You cannot use e-mail to initiate bill payment transactions. All such transactions must be initiated using the appropriate functions within the Service. Neither the Service provider nor the Financial Institution shall be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
Disclosure of Information
It is our policy to treat your Bill Pay Service account information as confidential. However, Service provider and/or the Financial Institution may disclose certain information about you, your accounts and/or Payments to third parties in situations such as: when necessary to complete a Payment transaction per your instructions; when necessary to activate additional services per your request; in order to determine credit worthiness; in order to comply with government agency or court orders, financial services regulations or law; or if you give Financial Institution or Service provider written permission. Information submitted to the Service provider or its suppliers is the property of those parties, and they are free to use and disclose that information, or any ideas, concepts, know-how or techniques contained in that information to any third party for any purpose whatsoever, except as specifically agreed by the Financial Institution or prohibited by law.
Account and Contact Information
It is your sole responsibility to maintain accurate and complete contact information and Funding Account information in your user profile. This includes, but is not limited to, name, address, phone numbers and email addresses, and verifying account numbers. Changes can be made
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within the Service or by contacting Customer Support. Changes you make are typically effective immediately. Neither the Service provider nor the Financial Institution shall be responsible for any payment processing errors or fees incurred if you do not provide accurate Funding Account or contact information.
Links to Other Sites
Information that the Service provider or the Financial Institution publishes on the World Wide Web may contain links to other sites and third parties may establish links to Service?s site. Neither the Service provider nor the Financial Institution makes any representations or warranties about any other web site that you may access to, from or through the Service?s site. Unless expressly stated in writing, neither the Service provider nor the Financial Institution endorse the products or services offered by any company or person linked to this site nor is the Service provider or the Financial Institution responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.
Virus Protection
Neither the Service provider nor the Financial Institution is responsible for any electronic virus that you may encounter using the Service. You are encouraged to routinely scan your computer and files using reliable virus protection products to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files, and hardware.
Damages and Warranties
In addition to the terms previously disclosed, The Financial Institution and/or Service provider are not responsible for any losses, errors, injuries, expenses, claims, attorney?s fees, interest or other damages whether direct, indirect, special, punitive, incidental or consequential, (collectively, ?Losses?) caused by the use of the Bill Payment Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Financial Institution or one of its suppliers. In addition, Financial Institution and/or Service provider disclaim any responsibility for any electronic virus(es) Subscriber may encounter after installation of such software or use of Bill
Payment Services. Without limiting the foregoing, neither Financial Institution and/or Service provider nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networks. Financial Institution and/or Service provider and its suppliers provide Bill Payment Services from their own sites and they make no representation or warranty that any information, material, or functions included in Bill Payment
Services are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution nor Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment Services or contained in any third-party sites linked to or from Financial Institution and/or Service provider?s web sites.
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FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
Indemnification
Subscriber shall indemnify, defend, and hold harmless the Financial Institution and Service provider and their affiliates, officers, employees, directors, suppliers, and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Subscriber?s negligence; (ii) Subscriber?s failure to comply with applicable law; or (iii) Subscriber?s failure to comply with the terms of this Agreement.
Additional Remedies
Due to the likelihood of irreparable injury, the Financial Institution and Service provider shall be entitled to an injunction prohibiting any breach of this Agreement by Subscriber.
Amendment and Termination
The Financial Institution and Service provider reserve the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, you will be notified by: 1) electronic mail; 2) physical mail at the address shown in our records; 3) update of our web site; and/or 4) as otherwise permitted by law. Your continued use of the Service after being notified of changes to this Agreement shall constitute your agreement to such changes. You may terminate this Agreement by written notice to the Financial Institution. Neither the Financial Institution nor Service provider is responsible for terminating any scheduled One-Time Payment nor Recurring Payment processed prior to a reasonable opportunity to act on your termination notice. Once your Service is terminated, all of your scheduled One-Time Payments and Recurring Payments shall be terminated as well. You remain obligated for all Payments made by the Service on your behalf under this Agreement.
Applicable Rules, Laws, And Regulations
This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Any cause of action for a breach or enforcement of, or a declaratory judgment respecting, this Agreement shall be commenced and maintained only in the United States District Court for the District of Connecticut, or the applicable state trial court sitting in New Haven, Connecticut and having subject matter jurisdiction.
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Assignment
The Financial Institution and Service provider may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party. Subscriber may not assign this Agreement to any other party.
Integration
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and the Financial Institution.
Severability
If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Institution, this Agreement will control.
Disputes
In the event of a dispute regarding the Service, you and the Financial Institution and Service provider agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what is said by a Service provider and/or Financial Institution employee or Customer Support Department and the terms of this Agreement, the terms of this Agreement shall prevail.
Waiver
The Financial Institution and Service provider shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Financial Institution and/or Service provider of a breach of this Agreement shall constitute a waiver by such party of any prior or subsequent breach of this Agreement.
Force Majeure
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party?s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.
Construction
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any
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present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.
Headings and Captions
The headings and captions of the various subdivisions of this Agreement are for convenience of reference only and shall in no way modify or affect the meaning or construction of any of the terms or provisions hereof.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS. I WILL KEEP A COPY OF THIS AGREEMENT FOR MY FILES.
TO BE SIGNED BY E-SIGN