Internet Banking and Bill Pay Agreement
Effective Date: May 3, 2013
Internet Banking Customer Service Department:
8001 Northeast 23rd St.
Oklahoma City, OK 73141
(405) 419-1000
PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE ENROLLING IN THE SERVICE OR INITIATING ANY TRANSACTIONS.
Table of Contents
1. Scope of this Agreement
2. Accepting the Agreement
3. Definitions
4. Featured Basic Internet Banking Services
5. Fees
6. Requirements for Enrolling in the Service
7. Equipment Maintenance
8. Electronic Disclosures
9. Enrollment Process
10. Signature Requirements
11. Account Balances
12. Bill Payment and Transfer Limitations
13. Canceling or Changing Transfers
14. Other Features Available through the Basic Internet Banking Service
15. Bill Payment Terms and Conditions
16. Bill Payment Methods
17. Bill Payment Cancellation Requests
18. Bill Pay Stop Payment Requests
19. Prohibited Bill Payments
20. Exception Bill Payments
21. Biller Limitation
22. Returned Payments
23. Bill Delivery and Presentment
24. Information Authorization
25. Exclusions of Warranties
26. Reg E Disclosures
27. Failed or Returned Transactions
28. Privacy and Internet Security
29. Passcode and Security
30. Alterations and Amendments
31. Address, E-mail, or Bill Payment Account Changes
32. Service Termination, Cancellation, or Suspension
33. Assignment
34. No Waiver
35. Captions
36. Disputes
37. Additional Provisions Applicable Only to Business Customers
38. Ownership of Material
39. Governing Law and Relation to Other Agreements
________________________________________
1. Scope of this Agreement
This Agreement between you and Advantage Bank (the ?Bank?), 8001 Northeast 23rd St, Oklahoma City, OK 73141 governs your use of our Internet Banking and Bill Pay Services (the ?Service?). The Service permits our customers to perform a number of banking functions on accounts linked to the Service through the use of a personal computer and the Internet.
2. Accepting the Agreement
After you have carefully read this Agreement in its entirety and the linked Privacy Notice, you will be asked to consent to (accept) the terms and conditions of this Agreement.
You should print and/or save a copy of this Agreement for your records. You can use the print button below or your browser to print this document. You can also use your browser to save a copy of this document on your hard drive.
If you have any questions about this Agreement, please contact our Internet Banking Customer Service Department at the phone number or address mentioned below.
If you need help printing or saving this document, or would like to obtain a paper copy, please contact us at (405) 419-1000; 8001 Northeast 23rd St. Oklahoma City, OK 73141. There is no charge for a paper copy of this document.
WHEN YOU CLICK ON THE ?ACCEPT? BUTTON BELOW, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ACCEPTING BELOW, YOU ALSO CERTIFY THAT YOU ARE ABLE AND WILLING TO ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT AND YOU UNDERSTAND THAT YOU CAN PRINT A COPY AND/OR SAVE IT TO YOUR HARD DRIVE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND/OR DO NOT ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT, SELECT THE CANCEL BUTTON BELOW. YOU CAN STILL ENROLL FOR THE SERVICE AT A LATER TIME IN PERSON.
3. Definitions
Agreement - means these terms and conditions of the Internet Banking and Bill Payment Services.
Authorized user ? is any individual or agent whom you allow to use the Service or your passcode or other means to access your Eligible Account(s).
You or your ? Refers to the owner of the Eligible Account and person(s) subscribing to or using the Service.
We, us, or our - Refers to Advantage Bank and any agent, independent contractor, service provider, licensor, designee, or assignee Advantage Bank may involve in the provision of Internet Banking and/or Bill Pay Services.
Bill Payment Account - is the checking account from which bill payments will be debited.
Bill Pay Service - means the Bill Payment Service offered by Advantage Bank, through our Bill Pay Service Provider.
Bill Pay Service Provider ? refers to the contractor or provider of our Bill Pay services, currently CheckFree Services Corporation, which is a sub-contractor of our Internet Banking Service Provider.
Biller ? is the person or entity to which you wish a Bill Payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
Billing Account - is the checking account from which all Bill Pay Service and/or Internet Banking Service fees will be automatically debited.
Bill Pay Business Day - is every Monday through Friday, excluding Federal Reserve holidays.
Business Day ? is every Monday through Friday, excluding Federal Reserve holidays. Account transfers are processed on all Business Days that the Federal Reserve is open for business.
Business Customer - Refers to anyone other than a consumer who owns an Eligible Account with respect to which the Service is requested primarily for business purposes.
Business Day Cutoff - Refers to the cut-off time for posting purposes. The cut-off time for transfers is based on our Business Days and the Central Standard time zone. For posting purposes, we will process all transfers completed by 3:00 p.m. on that Business Day. Transactions completed after 3:00 p.m. will be processed on the following Business Day. The Bill Pay cut-off time is 12:00 pm (noon) Central Standard Time.
Consumer ? Refers to a natural person who owns an Eligible Account at Advantage Bank with respect to which the Service is used primarily for personal, family, or household purposes.
Due Date - is the date reflected on your Biller statement for which a bill payment is due. It is not the late date or grace period.
Electronic Funds Transfer (EFT) ? Refers to any transfer of funds initiated through the Service, such as a bill payment or account transfer. If we authorize your Eligible Account(s) for EFTs through the Service, you have certain rights and responsibilities under the EFT Act (Reg E) which are further detailed in Section 26 of this Agreement.
Eligible Accounts ? You must have an existing account relationship with us to enable our Internet Banking Service. An Eligible Account means any one of your deposit account(s) to which we may allow access through the Service under this Agreement. Only a checking or money market deposit account may be eligible for Bill Pay Service privileges. We may make additional accounts available for the Bill Pay Service from time to time as allowed by law or our Bill Pay Service Provider.
You may request internet access to any account that you own. If you or your Authorized Users desire features of the Service that allow you to initiate Bill Payments or transfers, you must have the required withdrawal authority over the relevant Eligible Account.
When using the Service, you agree to maintain one or more Eligible Accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the Service.
Joint Accounts - If the accounts added to the Service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your Access Code and Passcode are authorized unless we have been notified to cancel the Service. In some cases, if your account(s) require two signatures for withdrawal, we may only grant view privileges to your Eligible Accounts through the Service. Joint account holders will be assigned individual access IDs. Transaction history is maintained for each Access Id.
Payment Instruction - is the information provided by you to the Bill Pay Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
Scheduled Payment - is a payment that has been scheduled through the Bill Pay Service but has not begun processing.
Scheduled Payment Date - is the day you want your Biller to receive your bill payment and is also the day your Bill Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Bill Pay Business Day in which case it will be considered to be the previous Bill Pay Business Day.
Service Hours - You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control. We are not responsible for any delays or difficulties you may have in accessing the Service or certain features.
Service Provider - includes any agent, licensor, independent contractor or subcontractor Advantage Bank may involve in the provision of Internet Banking or Bill Pay Services.
4. Featured Basic Internet Banking Services
The Basic Internet Banking Service currently offers the following features:
? Account Inquiries for balances, rates, etc;
? Up to 24 Months of Account History;
? Transfers between your accounts at Advantage Bank;
? Secure e-mails via the Service?s messaging system;
? Secure File Transfers;
? Payments to loans at Advantage Bank;
? Online check reorders;
? Stop payments on checks that you have written; and
? Transaction downloads into Quicken?, Microsoft? Money.
? Mobile Banking (RDA)
? Remote Deposit Capture (RDC)
? Text Messaging
Bill Pay is an optional service, which you can request in the enrollment process. You can add Bill Pay Services at a later time by contacting our Internet Banking Customer Service Department. Bill Pay customers also have access to:
? Electronic bill delivery.
We may add or remove certain features and/or functionality available from time to time.
5. Fees
Basic Internet Banking Service: (view balances and account transfers) ? No charge
Bill Pay: No Charge
Bill Payment privileges are subject to additional terms and conditions, which are detailed below in Section 17.
6. Requirements for Enrolling in the Service
In order to enroll in the Service you must:
? Have an Eligible Account with Advantage Bank;
? Your account with us must be in good standing;
? You must be 18 years of age or older; and
? You must be a resident of the United States or its possessions.
Prior to enrolling in the Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the Service and to retain a copy of this Agreement. You will need the following:
? Internet Access;
? A computer and Internet browser that can support SSL, 128-bit encryption;
? The most current browser versions are typically more secure and will support 128 bit encryption. Browser upgrades are accessible on the Service?s login page;
? Access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures; and
? An external e-mail address.
If we revise hardware and software requirements, and if there?s a material chance that the changes may impact your ability to access the Service, we will notify you of these changes 30 days in advance and provide you an opportunity to cancel the Service.
7. Equipment Maintenance
Virus Protection: You should routinely scan your computer and diskettes using a reliable virus detection product. Undetected or un-repaired viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.
Firewalls: You should also utilize a firewall, (hardware and/or software) especially if you have a broadband Internet connection such as DSL or cable modem.
Patches: You should periodically update your operating system and browser for critical security related patches.
YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER. ADVANTAGE BANK SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE, NOR WILL WE BE RESPONSIBLE FOR ANY COMPUTER VIRUS THAT AFFECTS YOUR COMPUTER OR SOFTWARE WHILE USING OUR SERVICE.
WITH YOUR ACCEPTANCE BELOW AND YOUR USE OF THE SERVICE, YOU AGREE THAT ADVANTAGE BANK AND ITS SERVICE PROVIDER, SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL COSTS, EXPENSES, OR ANY DAMAGES WHATSOEVER (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION, OR ATTORNEY?S FEES) RESULTING FROM ANY ERRORS OR FAILURES FROM ANY MALFUNCTION OF YOUR COMPUTER OR ANY VIRUS OR COMPUTER PROBLEMS THAT YOU MAY ENCOUNTER RELATED TO THE USE OF THE SERVICE.
8. Electronic Disclosures
In the future, we may deliver amendments to this Agreement and other disclosures to you in an electronic format. Other disclosures may include: monthly account statements, deposit account disclosures, notices regarding changes in account terms and fees, and privacy notices. The equipment necessary for accessing these types of disclosures electronically is described above in section 6.
WITH YOUR ACCEPTANCE BELOW, YOU AGREE TO ACCEPT INTERNET BANKING RELATED DISCLOSURES IN AN ELECTRONIC FORMAT. YOU ALSO AGREE THAT YOU HAVE THE NECESSARY EQUIPMENT FOR ACCESSING THE SERVICE AND FOR VIEWING ELECTRONIC DISCLOSURES.
If you need help printing or saving this document, or would like to obtain a paper copy, please contact us at (405) 419-1000; 8001 Northeast 23rd St. Oklahoma City, OK 73141. There is no charge for a paper copy of this document.
IF YOU DO NOT AGREE TO ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT, SELECT THE CANCEL BUTTON BELOW. YOU CAN STILL ENROLL FOR THER SERVICE IN PERSON AT A LATER DATE.
After your completion of the registration process, we will send you an e-mail and ask you to confirm your e-mail address and your acceptance of electronic disclosures.
9. Enrollment Process
You must complete the enrollment process to use the Service. You can enroll for the Service via the Internet or you can enroll in any of our offices.
The Internet enrollment process involves completing a secure online application that will identify your Advantage Bank location and all the information that the Bank will need to enable the Service. You will also choose your Access ID and Passcode during the enrollment process.
When you enroll for the Service, you agree to provide true and accurate enrollment information. Our Internet Banking Department will verify the information you submit for accuracy and proper authorizations. If you enroll in the lobby, you will receive a package in the mail with additional information regarding your account activation and our Service, in about one week. You may begin using the Service only after receipt of this information in the mail.
10. Signature Requirements
When any transfer, or other payment instruction is initiated through the Service for your benefit, generating items to be charged to your Eligible Account(s), you agree that we may debit the designated Eligible Accounts, or the Eligible Account on which the item is drawn, without requiring your signature on the item and without any notice to you.
11. Account Balances
Balances shown in your accounts may include deposits subject to verification by us. The balance may also differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. A transfer request must be made before the Business Day Cut-off time at 3:00 p.m. to be effective the same Business Day.
The balances within the Service are updated periodically and the system will display the most current "as of" date on the "accounts" summary page. There may be situations that cause a delay in an update of your balances. The Service will use the most current balance available at the time of a transaction to base our approval for account transfers.
12. Bill Payment and Transfer Limitations
You may use the Service to check the balance of your Eligible Account(s) and to transfer funds among your Eligible Account(s) at Advantage Bank. However, current federal regulations restrict the number of transactions that you can make from certain types of accounts, such as Money Market and Savings Accounts. For these types of accounts, you may not make more than six (6) pre-authorized EFTs, which include computer initiated transfers, telephone transfers, checks, and point-of-sale transactions during a given monthly statement period. Transfers and bill payments authorized by personal computer through the Service are counted toward the six permitted monthly transfers. Bill payments are considered third party transfers and are limited to three (3) transactions per monthly statement period.
13. Canceling or Changing Transfers
You cannot cancel a transfer after it has been entered into the system AND the information has been processed and/or transmitted to us via the Service; however, you can edit or change a transfer that is still ?pending?, meaning that it has not been processed.
In order to cancel or change a pending transfer that has not been submitted for processing, use the following procedures:
1. Log in and make edits to pending transfers.
2. Edits must be made before 3:00 p.m. for transfers to be processed the same Business Day.
3. You may edit a pre-scheduled (future dated/recurring) transfer anytime before 3:00 p.m. on the Business Day before the scheduled transfer date.
4. You can change the transfer amount to $0.00, or
5. If you accidentally transfer funds, you can schedule another transfer to move funds back to the original account.
For assistance, you can send us a secure e-mail through the Service or call our Internet Banking Customer Service Department.
If you need our assistance in making edits to Automatic/future dated payments/transfers, you can send us a secure email through the Service; however, we must receive your request three (3) Business Days or more before the transaction is scheduled for processing. If you call, we may also require you to put your request in writing and get it to us within 14 days after the call.
14. Other Features Available through the Basic Internet Banking Service
(A) Stop Payment Feature
The stop payment feature within the Service should NOT be used to cancel transfers and bill payments.
The stop payment feature within the Service is only for stopping payments on checks that you have written or for stopping pre-authorized electronic drafts that are deducted from your account. This feature is accessible in the ?User Services? menu of the Internet Banking Service and provides a means to securely forward your stop payment requests to us via e-mail for processing. In the future, we may provide this service in ?real time? rather than secure email.
Stop payment requests received through the secure e-mail feature will generally be processed within one to two Business Days. Therefore, if your request is urgent, we recommend that you contact our Internet Banking Customer Service Department directly via telephone or in person.
There is typically a stop payment fee associated with this feature. Please refer to our fee schedule for additional information on fees and service charges associated with stop payments. Additional terms of acceptance or disclosures may apply on the stop payment service and these disclosures will be made at the time you complete the request.
(B) Check Reorders, Address Change, Order Documents, Secure E-Mail & Secure File Delivery Services
Additional features within the Service include: check reorders, secure emails for address changes, document requests, and secure file delivery. The submission of requests, such as those for address changes, document requests, or check reorders, will generate a secure email to Advantage Bank. Generally, requests received through the secure mail feature of the Service will be processed within one (1) to two (2) Business Days. For urgent requests, we recommend that you contact our Internet Banking Customer Service Department.
We also offer a direct link for check reorders. This link will securely submit your reorder request directly to the Internet Banking Customer Service Department and will be forwarded to the check printing department.
The secure file transfer feature within the Service provides a means for you to forward files to Advantage Bank in a secure manner. There may be additional fees associated with some of these services, such as when you reorder checks through the Service. Fees will be disclosed in our fee schedule and/or at the time of your request.
15. Bill Payment Terms and Conditions
(A) Bill Payment Scheduling
Transactions begin processing four (4) Bill Pay Business Days prior to your Scheduled Payment Date. You should schedule payments by 11:59PM Central Standard Time at least four (4) Bill Pay Business Days prior to the Due Date.
The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the Service when you are scheduling the Bill Payment. Therefore, the Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller.
When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Bill Pay Business Day. If the actual Due Date falls on a non-Bill Pay Business Day, you must select a Scheduled Payment Date that is at least one (1) Bill Pay Business Day before the actual Due Date. Scheduled Payment Dates should be prior to any late date or grace period.
(B) The Bill Pay Service Guarantee
Due to circumstances beyond the control of the Bill Pay Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Bill Pay Service will bear the responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described above under ?Bill Payment Scheduling?.
(C) Payment Authorization and Payment Remittance
By providing the Bill Pay Service with names and account information of Billers to whom you wish to direct payments, you authorize the Bill Pay Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, our Bill Pay Service Provider may edit or alter payment data or data formats in accordance with Biller directives.
When the Bill Pay Service receives a Payment Instruction, you authorize our Bill Pay Service Provider to debit your Bill Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize our Bill Pay Service Provider to credit your Bill Payment Account for payments returned to the Bill Pay Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.
16. Bill Payment Methods
The Bill Pay Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment.
17. Bill Payment Cancellation Requests
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted, as described within this Agreement.
18. Bill Pay Stop Payment Requests
The Service?s ability to process a stop payment on a bill pay request will depend on the payment method and whether or not a check has cleared. We may not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any bill payment that has already been processed, you must contact our Internet Banking Customer Service Department.
Although we will make every effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your stop payment request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set forth in our applicable fee schedule.
19. Prohibited Bill Payments
Payments to Billers outside of the United States or its territories are prohibited through the Service.
20. Exception Bill Payments
Tax payments and court ordered payments may be scheduled through the Service; however, such payments are discouraged and must be scheduled at your own risk. In no event shall Advantage Bank or its Service Provider(s) be liable for any claims or damages resulting from your scheduling of these types of payments. The Bill Pay Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. We have no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected exception payments will be your sole responsibility.
21. Biller Limitation
We reserve the right to refuse to pay any Biller to whom you may direct a payment. The Bill Pay Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
22. Returned Payments
In using the Bill Pay Service, you understand that Billers and/or the United States Postal Service may return payments to our Bill Pay Service Provider for various reasons such as, but not limited to, Biller?s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. Our Bill Pay Service Provider will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Bill Payment Account. You may receive notification from the Bill Pay Service.
23. 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 Bill Pay Service?s electronic bill options, you also agree to the following:
(A) Information Provided to the Biller
We are 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 you, 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.
Our Service Provider may, at the request of the Biller, provide to the Biller your e-mail address, Service address, or other data specifically requested by the Biller at the time of activating the electronic bill for the Biller, for the purposes of the Biller informing you about Service and/or bill information.
(B) Activation
Upon activation of the electronic bill feature, our Bill Pay 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.
(C) Notification
Our Bill Pay Service Provider will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Bill Pay Service, our Bill Pay 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 Bill Pay 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.
(D) Cancellation of Electronic Bill Notification
The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may also cancel electronic bill delivery at any time. The timeframe for cancellation of your electronic bill presentment or bill delivery may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. Our Bill Pay 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. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
(E) Non-Delivery of Electronic Bill(s)
You agree to hold us 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.
(F) Accuracy and Dispute of Electronic Bill
Neither the Bill Pay Service Provider nor we are responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information our Bill Pay Service Provider receives 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.
24. Information Authorization
Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Bill Pay Service, you agree that our Bill Pay Service Provider reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that our Bill Pay Service Provider reserves the right to obtain financial information regarding your account from a Biller or from this Bank (for example, to resolve payment posting problems or for verification).
25. Exclusions of Warranties
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NOTWITHSTANDING OUR EFFORTS TO ENSURE THAT THE SERVICE IS SECURE, WE CANNOT AND DO NOT WARRANT THAT ALL DATA TRANSFERS VIA THE SERVICE WILL BE FREE FROM MONITORING OR ACCESS BY OTHERS.
YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER. ADVANTAGE BANK SHALL BE RESPONSIBLE FOR ANY ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE, NOR WILL WE BE RESPONSIBLE FOR ANY COMPUTER VIRUS THAT AFFECTS YOUR COMPUTER OR SOFTWARE WHILE USING OUR SERVICE.
WITH YOUR ACCEPTANCE BELOW AND YOUR USE OF THE SERVICE, YOU AGREE THAT ADVANTAGE BANK AND ITS SERVICE PROVIDER, SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL COSTS, EXPENSES, OR ANY DAMAGES WHATSOEVER (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION, OR ATTORNEY?S FEES) RESULTING FROM ANY ERRORS OR FAILURES FROM ANY MALFUNCTION OF YOUR COMPUTER OR ANY VIRUS OR COMPUTER PROBLEMS THAT YOU MAY ENCOUNTER RELATED TO THE USE OF THE SERVICE.
26. Reg E Disclosures
Please read the following EFT disclosures carefully. You should print a copy of this information for future reference.
(A) Your Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Access ID or Passcode has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft benefits).
If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00.
If your monthly Bank statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
(B) Errors and Questions
In case of errors or questions about your EFT transactions, you must notify us as soon as possible through one of the following methods:
? Telephone us at (405) 419-1000 during customer service hours;
? Write us at: 8001 Northeast 23rd St. Oklahoma City, OK 73141
? Send us a secure email through the Internet Banking Service; or
? For bill payments, initiate a payment inquiry in the Payments section of the Internet Banking Service.
If you think your statement is incorrect or you need more information about an electronic transfer or bill pay transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
1. Tell us your name, Service account number(s), and Access ID;
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and
3. Tell us the dollar amount of the suspected error. If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your account.
For Bill Pay and other EFT errors involving new accounts, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error.
If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
(C) Other Problems
If you believe an error, other than an EFT (Electronic Bill Pay or Transfer) has occurred, you can call us at:
(405) 419-1000 or
Send us a secure email through the Internet Banking Service.
(D) Disclosure of Account Information to Third Parties
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
? Where it is necessary for completing transactions;
? Where it is necessary for activating additional services;
? In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
? To a consumer reporting agency for research and product improvement purposes only;
? In order to comply with a governmental agency or court orders; or
? If you give us your written permission.
Please refer to our privacy notice for additional detail on disclosure of account information.
(E) Our Liability for Failure to Complete Transactions
If we do not complete a transaction to or from your account on time or in the correct amount according to your instructions or our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
1. If, through no fault of ours, your Eligible Account or Bill Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
2. Your Eligible Account or Bill Payment Account(s) is closed;
3. The Service is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
4. You have not provided the Service with the correct Bill Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
5. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
6. If your computer, software, telecommunication lines were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted the transfer or bill payment.
7. It can be shown that the Biller received the bill payment within the normal delivery timeframe and failed to process the payment through no fault of ours.
8. We have reason to believe that a transaction request may not be authorized by you or any third party whose authorization we believe is necessary.
9. The payment request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal.
Any Bill Pay Service Guarantee shall be void if the Service is unable to complete any transaction initiated by you because of the existence of any one or more of the foregoing exceptions.
Provided none of the foregoing exceptions are applicable, if the Bill Pay Service causes an incorrect amount of funds to be removed from your Bill Payment Account or causes funds from your Bill Payment Account to be directed to a Biller, which does not comply with your Payment Instructions, the Bill Pay Service shall be responsible for returning the improperly transferred funds to your Bill Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
(F) Documentation and Verification of Payments and Transfers
Information regarding Internet Banking and Bill Pay transactions will be reflected in the account detail and account history sections of the Service and in your regular monthly account statement(s).
(G) Services provided through use of Advantage Bank Online
? Mobile Banking with Mobile App (RDA) ? using mobile phone w/Internet Brower
? Remote Deposit Capture (RDC)
? Transfer funds between accounts
? Pay bills from your online banking with Bill Pay
? Check the balance of your accounts
? Make stop payments
27. Failed or Returned Transactions
In using the Bill Pay Service, you are requesting us to make payments for you from your Bill Payment Account. If we are unable to complete the transaction for any reason associated with your Bill Payment Account (for example, there are insufficient funds in your Bill Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Bill Pay Service. In such case, you agree that:
1. You will reimburse our Bill Pay Service Provider immediately upon demand the transaction amount that has been returned;
2. For any amount not reimbursed to the Bill Pay Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
3. You will reimburse the Bill Pay Service Provider for any fees, if any, imposed by Advantage Bank as a result of the return;
4. You will reimburse our Bill Pay Service Provider for any fees it incurs in attempting to collect the amount of the return from you; and,
5. Our Bill Pay Service Provider is authorized to report the facts concerning the return to any credit reporting agency.
28. Privacy and Internet Security
(a) Privacy
We understand how important privacy is to our customers. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our privacy notice before completing the enrollment process for the Service.
(b) Internet Security
The Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. Prior to activating your access to the Service, our Internet Banking Customer Service Department will verify your identity and authorization against information associated with the Eligible Account(s) that you request to be tied to the Service.
Access ID and Passcode - One of the main security features protecting the Service is the unique combination of your Access Identification Code (Access ID) and Passcode. During the enrollment process, you will be asked to select a unique Access ID, and then choose a Passcode that will be used to gain access to the Service. You determine your own Passcode, which is encrypted in our database. Neither this Bank nor its Service Providers have access to this information.
Our Service also uses a Passcode analyzer that will help you select a good Passcode. Because your Passcode is used to access your accounts, you should treat it as you would any other sensitive personal data. You should carefully select a Passcode that is hard to guess. The Passcode analyzer will encourage you to stay away from words based on your name, address or other personal information. Special characters may be used to increase security. Do NOT use dictionary words. The ?Help? link within the Service will offer tips on choosing a secure Passcode that you can remember.
Keep your Passcode safe. Memorize your Passcode and do NOT write it down. You should also change your Passcode occasionally, such as every 90 days. A Passcode should be changed immediately if you suspect that your Passcode has been compromised. This can be done at any time from the ?User Services? menu after you log on to the Service.
We will not contact you via telephone or via email requesting your Access ID or Passcode. If you are contacted by anyone requesting this information, please contact us immediately.
If you disclose your Passcode to anyone, and/or if you allow someone to use your Passcode to access your accounts, you are authorizing them to act on your behalf and you will be responsible for any use of the system by them (e.g. such as when you provide this information to a joint account holder, spouse, AND/or an aggregation service provider).
Log-On Security - For your protection, you should sign-off after every Internet Banking session. However, in order to help prevent unauthorized access to your account(s) your online session will end automatically if we detect no activity for 10 minutes. This is to protect you in case you accidentally leave your computer unattended after you logged on. When you return to your computer, you will be prompted to re-enter your Passcode, and your session will continue where you left off. In addition, we will deactivate your account after three unsuccessful login attempts within a 24-hour time frame.
Encryption ? The Service uses the Secure Socket Layer (SSL) encryption technology for everything you do while using Internet Banking. Your browser automatically activates this technology when it attempts to connect to our Service. Our Service requires a browser that supports 128-bit encryption. The Service will warn you if your browser does not meet this requirement.
Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from ?open? to ?locked?. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.
Certificate Authority - The servers hosting our Service have been certified by a "Certificate Authority" to assure you that you are actually talking to our Service instead of someone pretending to be us. If you are using an older browser, such as anything prior to versions 4.0 on Netscape Navigator or Internet Explorer, you will see that the "Certificate Authorities" key may have expired; you will need to update it on your browser. Instructions for upgrading your browser are located on the Browser SSL Update link, which is located on the Service login page.
Cookies - During your use of the Service, our Internet Banking Service Provider will pass an encrypted cookie to your computer in order to identify your computer during the session. This cookie enables us to process multiple transactions during the session without having to provide an Access ID and Passcode for each individual transaction. Users must accept this cookie to use our Internet Banking product. This cookie does not contain any personal information; it simply provides another level of security for our Internet Banking product. The cookie is stored on your computer?s hard-drive, identifying your computer while you are logged on. When you log off, close your browser, or turn off your machine, the cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your account.
Use of Public Computers ? The security of public computers (e.g. in a Library, or Internet Caf?) cannot be assured; therefore we strongly recommend that our customers refrain from accessing online accounts on a public computer.
In addition to the security features described above, there may be other security related notices posted on our website or Service from time to time. It is your responsibility to read all security notices.
NOTWITHSTANDING OUR EFFORTS TO ENSURE THAT THE SERVICE IS SECURE, WE CANNOT AND DO NOT WARRANT THAT ALL DATA TRANSFERS VIA THE SERVICE WILL BE FREE FROM MONITORING OR ACCESS BY OTHERS.
29. Passcode and Security
When you accept the terms and conditions of this Agreement below, you agree not to give or make available your Passcode or other means to access your account to any unauthorized individuals. You are responsible for all transfers and bill payments you authorize using the Service. If you permit other persons to use the Service or your Passcode or other means to access your account, you are responsible for any transactions they authorize.
If you believe that your Passcode 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 us at once by calling (405) 419-1000 during customer service hours.
You can also contact us by sending a secure message through the Internet Banking Service.
By accepting the terms of this Agreement you acknowledge your responsibility for protecting the confidentiality and security of your Access ID and Passcode and you agree to change it periodically and/or if you believe it has been compromised.
30. Alterations and Amendments
This Agreement, applicable fees and service charges may be altered or amended from time to time. In such event, we will provide notice to you. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.
31. Address, E-mail, or Bill Payment Account Changes
When you enroll in the Service, we may send you a ?Welcome? e-mail. We will also send you e-mails and/or secure messages through the Service regarding important Internet Banking and Bill Pay Service matters and/or changes to this Agreement. You must maintain your current e-mail address with us in order for us to deliver this information to you.
It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers, and e-mail addresses. Changes can be made either within the system through the User Services menu in the Internet Banking Service or by contacting our Internet Banking Customer Service Department at (405) 419-1000.
Any changes in your Bill Payment Account should also be made in accordance with the procedures outlined above.
We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Bill Payment Account or contact information.
32. Service Termination, Cancellation, or Suspension
In the event you wish to cancel the Service, you may contact Customer Service via one of the following methods:
1. Telephone us at 405-419-1000 during customer service hours; and/or
2. Write us at:
Advantage Bank
8001 Northeast 23rd St.
Oklahoma City, OK 73141
3. Send us a Secure email through the Internet Banking Service.
Any Bill Payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. You will remain responsible for any fees associated with the Service prior to the effective cancellation date.
We may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Access to our Service may be canceled in whole or part without prior notice due to insufficient funds in one of your Accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if there has not been any Internet Banking or Bill Payment Service activity for a period of 12 consecutive months, Internet Banking accessibility will automatically terminate.
After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of the Service, you must call our Internet Banking Customer Service Department.
33. Assignment
You may not assign this Agreement to any other party. We may assign this Agreement to any future, directly or indirectly, affiliated or unaffiliated company. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
34. No Waiver
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
35. Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
36. Disputes
In the event of a dispute regarding the Service, you 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 us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what our employees, our Service Providers, or our Customer Service Department(s) say and the terms of this Agreement, the terms of this Agreement will prevail.
37. Additional provisions Applicable Only to Business Customers
(A) Protecting Your Account
The Service will allow Business customers to establish individual Access IDs, passcodes, privileges for each Authorized User. Transaction history is maintained for each Access ID. Additional fees may be assessed for each Access ID.
BUSINESS CUSTOMER(S) WILL BE SOLELY RESPONSIBLE FOR DESIGNATING ITS AUTHORIZED USERS, ASSIGNING PRIVILEGES, AND DISCLOSING THE IDENTITY OF SAID USERS TO Advantage Bank AND ALL CHANGES THEREOF IN WRITING. BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT ITS AUTHORIZED USERS HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSFERS AND BILL PAYMENTS THROUGH THE SERVICE.
BUSINESS CUSTOMER AUTHORIZES Advantage Bank AND ITS SERVICE PROVIDERS TO ACT UPON, AND YOU AGREE TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH YOUR ACCESS ID AND PASSCODE AND/OR THE ACCESS ID AND PASSCODE OF AN AUTHORIZED USER. FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. Advantage Bank AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER.
BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE SERVICE OR COMPANY ACCOUNTS BY ITS AUTHORIZED USERS. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS Advantage Bank AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OUR ACTING UPON ANY DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF AN AUTHORIZED USER.
YOU AGREE THAT WE MAY SEND NOTICES AND OTHER COMMUNICATIONS, INCLUDING EMAILS, TO THE CURRENT ADDRESS SHOWN IN OUR RECORDS, WHETHER OR NOT THAT ADDRESS INCLUDES A DESIGNATION FOR DELIVERY TO THE ATTENTION OF ANY PARTICULAR INDIVIDUAL. YOU FURTHER AGREE THAT Advantage Bank AND/OR ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY IF INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, EITHER IN TRANSIT OR AT YOUR PLACE OF BUSINESS.
IN ADDITION, YOU AGREE TO:
? REQUIRE ALL AUTHORIZED USERS TO KEEP PASSCODES SECURE AND STRICTLY CONFIDENTIAL;
? IMMEDIATELY NOTIFY US AND SELECT A NEW PASSWORD IF YOU OR YOUR AUTHORIZED USERS BELIEVE YOUR PASSCODES MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON.
WE MAY DISABLE PASSCODES OF AUTHORIZED USERS EVEN WITHOUT RECEIVING SUCH NOTICE FROM YOU, IF WE SUSPECT PASSCODES ARE BEING USED IN AN UNAUTHORIZED OR FRAUDULENT MANNER.
BUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR THE DEVELOPMENT AND IMPLEMENTATION OF ALL COMMERCIALLY REASONABLE PROCEDURES TO CONTROL ACCESS TO THEIR COMPUTER SYSTEMS AND TO PROTECT ANY DATA FILES STORED THEREON. BUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR ALL APPROPRIATE AND COMMERCIALLY REASONABLE, PHYSICAL, LOGICAL, AND NETWORK SECURITY SYSTEMS AND DEVICES TO PROTECT THE SECURITY OF DATA FILES MAINTAINED ON COMPUTER(S) USED TO ACCESS THE SERVICE AS WELL AS THE PROTECTION AGAINST UNAUTHORIZED ACCESS TO BUSINESS COMPUTERS, AND/OR NETWORKS USED TO ACCESS THE SERVICE. BUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM ANY AUTHORIZED OR UNAUTHORIZED ACCESS TO THE SERVICE.
Advantage Bank AND ITS SERVICE PROVIDERS SHALL HAVE NO OBLIGATION, LIABILITY OR CONTROL, EITHER DIRECTLY OR INDIRECTLY CONCERNING THE BUSINESS CUSTOMERS? SELECTION OF SECURITY SYSTEMS OR DEVICES FOR THE PROTECTION OF ANY DATA FILES OR COMPUTERS USED TO ACCESS THE SERVICES OR OVER BUSINESS CUSTOMERS DEVELOPMENT OR IMPLEMENTATION OF SECURITY PROCEDURES OR THE FAILURE OF BUSINESS CUSTOMER TO MAINTAIN SAID PROCEDURES.
(B) Commercially Reasonable Security Procedures of the Service
WHEN YOU ACCEPT THIS AGREEMENT AND USE THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE INCLUDES SECURITY MEASURES WHICH ARE COMMERCIALLY REASONABLE. YOU AGREE TO BE BOUND BY OUR SECURITY PROCEDURES AND INSTRUCTIONS, WHICH MAY BE PERIODICALLY UPDATED. YOU AGREE TO REVIEW AND IMPLEMENT ALL SECURITY PROCEDURES AVAILABLE IN CONNECTION WITH THE SERVICE, INCLUDING PROCEDURES TO PROTECT THE CONFIDENTIALITY OF YOUR ACCESS ID AND PASSCODE AND THE SAME FOR YOUR AUTHORIZED USERS. YOU AGREE TO NOTIFY THIS FINANCIAL INSTITUTION IN THE EVENT THAT YOUR USE OF THE SERVICE WOULD NECESSITATE OR BE BETTER SERVED BY A LEVEL OF SECURITY THAT EXCEEDS THAT OFFERED BY THE SERVICE. IF YOU FAIL TO NOTIFY Advantage Bank, YOU ACKNOWLEDGE AND AGREE THAT THE SECURITY ASPECTS OF THE SERVICE ARE APPROPRIATE FOR YOUR NEEDS AND WILL PROVIDE YOU WITH A COMMERCIALLY REASONABLE DEGREE OF SECURITY AGAINST UNAUTHORIZED USE.
(C) Errors and Questions
Incase of errors or questions about your transactions, you should as soon as possible notify us through one of the following methods:
? Telephone us at (405) 419-1000 during customer service hours;
? Write us at: 8001 Northeast 23rd St. Oklahoma City, OK 73141
? Send us a secure email through the Internet Banking Service; or
? For bill payments, initiate a payment inquiry in the Payments section of the Internet Banking Service.
(D) Your Liability for Unauthorized Transfers
You must notify us of errors, discrepancies, or possible unauthorized payments as soon as possible upon learning of the discrepancy. If you fail to notify us within sixty (60) days after you have received notice of an unauthorized or erroneous transfer or Bill Payment, Advantage Bank bill not owe you any interest on the amount in question, even if we are otherwise liable to you in connection with the transaction.
Advantage Bank and its Service providers shall have no liability to you for any unauthorized payment or transfer made using your passcode that occurs before you have notified us of any possible unauthorized use and we have had a reasonable opportunity to act upon that notice.
If you fail to notify us of any discrepancy within one (1) year, you shall be precluded from asserting any such discrepancy against us.
(E) Limitation of Institution Liability
Advantage Bank AND ITS SERVICE PROVIDERS WILL BE DEEMED TO HAVE EXERCISED ALL DUE CARE AND TO HAVE ACTED REASONABLY IF WE ACT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND WILL BE LIABLE FOR LOSS SUSTAINED BY YOU ONLY TO THE EXTENT SUCH LOSS IS CAUSED BY OUR MISCONDUCT. Advantage Bank AND ITS SERVICE PROVIDERS WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE:
? RELATED TO THE DISHONESTY OF THE BUSINESS CUSTOMER?S EMPLOYEES, OFFICERS, AGENTS OR AUTHORIZED USERS;
? RESULTING FROM ANY RECEIVING FINANCIAL INSTITUTION?S FAILURE TO ACCEPT ANY PAYMENT OR FUNDS TRANSFER REQUEST;
? RESULTING FROM ANY DELAY IN THE PERFORMANCE OF THIS AGREEMENT; WHICH IS CAUSED BY AN ACT OF GOD; FIRE OR OTHER CASUALTY, ELECTRICAL OR COMPUTER FAILURE, DELAYS OR FAILURE TO ACT BY ANY CARRIER, MEDIUM OR AGENT OPERATING BETWEEN Advantage Bank AND THIRD PARITIES, OR ANY OTHER CONDITION OUTSIDE OF OUR CONTROL.
IF Advantage Bank AND/OR ITS SERVICE PROVIDERS FAIL OR DELAY IN MAKING A TRANSFER OR BILL PAYMENT PURSUANT TO YOUR INSTRUCTION, OR IF WE MAKE A TRANSFER OR PAYMENT IN AN ERRONEOUS AMOUNT WHICH IS LESS THAN THE AMOUNT PER YOUR INSTRUCTION, UNLESS OTHERWISE REQUIRED BY LAW OUR LIABILITY SHALL BE LIMITED TO INTEREST ON THE AMOUNT WHICH WE FAILED TO TIMELY PAY, CALCULATED FROM THE DATE ON WHICH THE PAYMENT WAS TO BE MADE UNTIL THE DATE IT WAS ACTUALLY MADE OR YOU CANCELED THE INSTRUCTION.
WE MAY PAY SUCH INTEREST EITHER TO YOU OR THE INTENDED RECIPIENT OF THE PAYMENT, BUT IN NO EVENT WILL WE BE LIABLE TO BOTH PARTIES, AND OUR PAYMENT TO EITHER PARTY WILL FULLY DISCHARGE ANY OBLIGATION TO THE OTHER. IF WE MAKE A PAYMENT IN AN ERRONEOUS AMOUNT WHICH EXCEEDS THE AMOUNT PER YOUR PAYMENT INSTRUCTION, OR IF WE PERMIT AN UNAUTHORIZED PAYMENT AFTER WE HAVE HAD A REASONABLE TIME TO ACT ON A NOTICE FROM YOU OF POSSIBLE UNAUTHORIZED USE AS DESCRIBED ABOVE, UNLESS OTHERWISE REQUIRED BY LAW, OUR LIABILITY WILL BE LIMITED TO A REFUND OF THE AMOUNT ERRONEOUSLY PAID, PLUS INTEREST THEREON FROM THE DATE OF THE PAYMENT TO THE DATE OF THE REFUND, BUT IN NO EVENT TO EXCEED SIXTY (60) DAYS INTEREST.
IF WE BECOME LIABLE TO YOU FOR INTEREST COMPENSATION UNDER THIS AGREEMENT OR APPLICABLE LAW, SUCH INTEREST SHALL BE CALCULATED BASED ON THE AVERAGE FEDERAL FUNDS RATE AT THE FEDERAL RESERVE BANK IN THE DISTRICT NEAREST TO Advantage Bank FOR EACH DAY INTEREST IS DUE, COMPUTED ON THE BASIS OF A THREE HUNDRED SIXTY (360) DAY YEAR.
NO THIRD PARTY WILL HAVE RIGHTS OR CLAIMS AGAINST Advantage Bank AND ITS SERVICE PROVIDERS UNDER THIS AGREEMENT. THE TERMS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT.
(F) Indemnification
Business Customer(s) and its Authorized Users will defend, indemnify and hold harmless Advantage Bank and its Service Providers against and in respect to any and all loss, liability, expense and damage, including consequential, special and punitive damages, directly or indirectly resulting from: (i) the processing of any request received by Advantage Bank through the Service (ii) any breach of the provisions of this Agreement (iii) any request for stop payment; (iv) any dispute between you and any third party in connection with the use of the Service; and (v) any and all actions, suits, proceeding, claims, demands, judgments, costs and expenses (including attorney?s fees) incident to the foregoing. The terms of this section will survive termination of this Agreement.
38. Ownership of Material
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Advantage Bank and/or its Service Providers unless otherwise indicated. All registered and unregistered trademarks in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
39. Governing Law and Relation to Other Agreements
Accounts and services provided by Advantage Bank may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately.
This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflicts of laws provisions; provided, however, that any dispute solely between you and our Bill Pay Service Provider shall be governed by and construed in accordance with the laws of the State, without regard to its conflicts of laws provisions.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
________________________________________
Proceed with Enrollment for the Service.
By clicking on the "I agree" button below you are acknowledging that you have read and agree to the terms and conditions of this Agreement and would like to proceed with online registration.
(If you do not agree, choose cancel below.)
If you click ?cancel? you can still enroll in our Internet Banking and bill payment services at a later time by completing an application in one of our offices. You will still be asked to accept the Terms and Conditions of this Agreement.
