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On completion of the Treasury Services Implementation Form (TSI) Form indicating Business eBanking System (“System”), this Addendum and any associated Forms, Exhibits or Schedules as may be required from time to time, and the acceptance of same by Bank, Customer will be provided access to Bank’s System. Bank may use a Service Provider to complete certain of Bank’s duties under this Addendum. Any Service Provider used by Bank is subject to the same standards of performance, including the safeguarding of Confidential Information, as Bank itself. Customer acknowledges that Bank may, from time to time, change the terms under which this System is offered by notifying Customer. Continued use of this System after such notification constitutes acceptance by Customer of such changes to the Agreement and/or this Addendum and associated Forms, Exhibits or Schedules.
1. General Description. Bank will make available balance information and/or itemized debit and credit information for Accounts on a daily basis via the System and will provide access instructions, including Credentials, to Customer. The System is for Customer’s internal use to enable Customer to obtain balance and other Account information and to direct payments from Account(s) to third-parties (collectively, “Payees”, and each individually, a “Payee” when using the bill payment module; collectively “Beneficiaries”, and each individually a “Beneficiary” when accessing Wire Transfers; and collectively “Receivers”, and each individually a “Receiver” when using the ACH network). The System may be used to:
a. Transfer funds between Customer’s Accounts;
b. Obtain balance and transaction information on Accounts;
c. View front and back images of checks and deposits posted to Accounts;
d. Order bill payments from Customer’s checking Account to Payees;
e. Order Bank to stop payment of checks drawn on Customer’s checking Account(s);
f. Request eStatements, as described below, for electronic delivery and access of monthly statements for eligible Accounts; and
g. Obtain other online services as may be made available by Bank from time to time
a. Internal Funds Transfer Service. The internal funds transfer service may be used to transfer funds on a same-day basis between Customer’s Accounts with Bank. With this service, Customer may:
•Transfer funds between Customer’s Accounts on a specified date in the future or on a recurring basis (e.g., weekly, bi-weekly, monthly, etc.); and
•Transfer funds on a same day basis from Customer’s Account(s) to make a payment on a loan or line of credit Customer has with Bank. Transactions posted to Customer’s account as of a certain Business Day may not be reflected in account balances provided by the System until the next Business Day based on the timing of the transactions and applicable processing schedules.
b. Bill Payment Service. The bill payment service may be used to schedule the payment of funds from Customer’s checking and money market Accounts to Payees that have been selected to receive payment using the service. The service allows bill payments in several ways:
• An immediate payment is a single transfer of funds to a Payee to be initiated as soon as possible after the transfer request is submitted.
• A recurring payment is one of a series of transfers of a fixed amount of funds to a Payee on a regular, periodic basis.
• A future-dated payment is a single transfer of funds to a Payee to be made on a date Customer specifies • A payment that is made following the receipt of an electronic bill (“e-bill”).
Bill payments made through the System require sufficient time for the Payee to credit Customer’s account properly. To avoid the assessment of late charges by the Payee, Customer should make the payment at least five (5) Business Days before the due date of the payment. Payment requests submitted on a Business Day before 7:30 p.m. (Eastern Time) Monday through Thursday and 10:30 p.m. (Eastern Time) on Friday are initiated on that Business Day, provided a sufficient Available Balance. Transactions conducted after those times on a Business Day or at any time on a non-Business Day are initiated on the next Business Day, subject to a sufficient Available Balance in the Account from which the payment is being made.
Bank cannot guarantee prompt receipt and processing of payments by Payees and will not be responsible for any charges imposed or other action taken by a Payee because of a late payment, including but not limited to finance charges and late fees. BANK MAY TERMINATE ACCESS TO THE BILL PAY SERVICE AFTER SIX (6) CONSECUTIVE MONTHS OF INACTIVITY.
c. eStatements. Bank will provide Customer with the option to utilize the eStatements service, which allows Customer to access Account statements through the System. Upon acceptance of the applicable terms and disclosures, the eStatements feature may be used to receive electronic delivery of Account statements through the System. The ability to sign up for and retrieve eStatements is assigned by the Administrator. Enrollment in eStatements will terminate paper delivery of statements from Bank to Customer or any third-party designations. In order to receive paper statements after electing to utilize the eStatements service, Customer must notify Bank at the applicable address or phone number set forth in Part I, Section 1.19(c)
d. Other Services. Enrollment in the System is necessary for using the Positive Pay and ACH Positive Pay Services and offers additional options for the Wire Transfer Service and ACH Service, each of which is addressed in separate Addenda. The System may also be accessed via a mobile device upon completion and acceptance of the BeB Mobile System Addendum.
3. Mobile Access Option. Customer may request that certain System capabilities be made available via an approved mobile device such as a tablet or smartphone. To utilize Mobile Access, Customer will need a compatible and supported mobile device with a connection to the Internet. Customer also must have Bank’s mobile banking application (“Mobile Banking App”), which Bank may change from time to time. Customer is responsible for the selection, installation, maintenance, and operation of Customer’s Mobile Device, software, and other equipment required for Mobile Access. Bank is not responsible for advising Customer of the existence or potential effect of malicious code that may exist on Customer’s Mobile Device, and Customer’s use of Mobile Access is at Customer’s own risk. Bank does not guarantee the functionality or availability of the Mobile Banking App on all Mobile Devices. Bank assumes no responsibility for the defects or incompatibility of any devices, computers or software that Customer uses for Mobile Access, even if such devices, computers or software were previously approved for use.
(a) Customer is solely responsible for the mobile device and any associated fees and charges related to data.
(b) Bank reserves the right to charge an additional fee for Mobile Access, the amount and the basis of which (per device, per user, etc.) may change at Bank’s sole discretion.
(c) Not all features of the System will be available via Mobile Access.
4. Service Availability. The ability of Bank to provide access to the System via internet or Mobile Access is conditioned upon the continued operation and availability of the computers which house the System and of the telecommunications network connecting Customer’s Mobile Device to the System. Bank does not and cannot control the flow of data to or from Bank’s network and other portions of the Internet. Accordingly, Bank disclaims any and all liability resulting from or related to delays or interruptions in data delivery and in no event will Bank be liable for any damages (whether in contract, tort, by operation of Law, or otherwise) that are attributable to the public Internet infrastructure, Customer’s ability to connect to the Internet, or Bank’s ability to connect to the Internet. In the event access to the computer or network is suspended or terminated for any reason, Customer agrees that Bank will not be responsible for Customer’s lack of access.
5. Other Terms. All other terms and conditions associated with the System are contained in the Agreement.