GIBRALTAR BANK INTERNET BANKING AGREEMENT
Last updated: 12/8/2014
This update describes the Service following a conversion to a new Online Banking System on 12/8/2014. Navigation and functionality are different from the prior system.
Please read the entire Agreement carefully before completing Enrollment in the Service OR initiating any transactions.
SERVICE CONTACT INFORMATION
Internet Banking Department
1719 Route 10 East,
Parsippany, NJ 07054
Authorized User - is any individual or agent whom you allow to use the Service to access your Eligible Account(s).
Business Day - Refers to Monday through Saturday, excluding Bank holidays.
Business Customer - Refers to a person or entity (including Authorized Signors and Users) who owns an Eligible account primarily for business purposes.
Consumer - Refers to a natural person who owns an Eligible Account at Gibraltar Bank and who uses the Service primarily for personal, family, or household purposes.
you and your - As used within this Agreement, “you” and “your” refer to the person enrolling in the Service, owner of the eligible accounts, as well as any Authorized Users that such person allows, subject to the parameters of multiple user access as set forth within the Service.
we, us, or our -As used within this Agreement, refer to Gibraltar Bank and any agent, independent contractor, service provider, sub-contractor, licensor, designee, or assignee that Gibraltar Bank may involve in the provision of the Service.
This Agreement is between you and Gibraltar Bank, 1719 Route 10 East, Parsippany, New Jersey 07054 ("Gibraltar", "the Bank") whereby the Bank provides access to Bank Customer's account(s) from a computer via the Internet ("Online Banking Service", "the Service")
This Agreement describes the terms of the Service and your rights and obligations as a User of the Online Banking Service. Some functionality of the Service may require separate Agreement and will be deemed made part of this Agreement upon your acceptance of the Sub-Service Terms, collectively the Service. The Terms of the appended Sub-Service Agreement govern for the sub-service in the event of contradictory language with this Agreement.
Deposit account agreements and disclosures provided to you at account opening, including but not limited to, Truth in Savings, Electronic Funds Transfer (Regulation E), Depositor's General Terms and Conditions continue to apply and apply to the Service.
We reserve the right to terminate this Agreement and your use of the Service in whole or in part at any time without prior notice.
If you do not agree to these terms, do not complete your registration for the Service or use the Service.
ACCEPTING THE AGREEMENT
Read this Agreement in its entirety and Gibraltar Bank's Privacy Notice. To complete enrollment in the Service, you will be required to accept the terms and conditions of this Agreement. When you accept these terms and conditions, you represent and warrant that you have full authority over the Account over which you request Online Access ("Authorized User") and that you are duly authorized to execute this Agreement.
CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By selecting the "I Accept" , you are (1) acknowledging your receipt of the information herein, (2) agreeing that any contract you enter into with Gibraltar Bank for the Online Banking Service may be in electronic form, and (3) agreeing that information delivered in connection with the Service may also be in electronic form.
You also attest that, agree that, agree to, as any of these statements may apply:
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.
CHANGES TO THE SERVICE
We reserve the right to change the Service at any time, which may include discontinuing functionality of the Service or adding new services. A Current version of this Agreement and any Sub-service Agreement describing functionality current as of date of posting will be posted Online (collectively "the Agreement" or "the Service"). Change in the Service will be indicated by the date of last Update in the respective amended Agreement. We may also notify you via secure messaging, email, statement messaging or posting to our informational website, gibraltarbanknj.com. Your continued Use of the Service constitutes your agreement to any and all change(s) to the Service. Your Use of new services that we may introduce from time to time indicates your agreement to be bound by the terms stated in the updated Agreement, Online Documentation and Disclosure for the Service. A change in the Service may result in a change in Fee(s) related to the Service.
If you do not agree to an UPDATE TO THE terms of this Agreement that impacts the entire service, DISCONTINUE USE OF THE SERVICE AND NOTIFY US OF YOUR CANCELLATION OF THE SERVICE TO ENSURE TIMELY CESSATION OF RELATED FEES.
Fees related to the Service are disclosed in our Fee Schedule. By continued use of the Service, you agree to Service related Fee(s). Fees may also be disclosed at the time of a non-recurring Transaction initiated by you within the Service. By continuing with the Transaction, you agree to the Fee for that Transaction. Any monthly Fee for the Service and incidental Fees incurred in your use of the Service will be charged to the account used to enroll in the Service ("billing account"). If you close the billing account, we will designate another enrolled eligible account as the billing account. You remain responsible for Service related Fees if you do not contact us to cancel the service should you close all your enrolled eligible accounts without removing non-eligible accounts from the Service.
Fee waivers are described within product disclosures and account disclosures. Contact your local Gibraltar Bank office to review your options.
Online Access Activation Fee of $5.00 will be charged within 60 days of activation when you enroll in the Service with an account that is not a checking account. If you re-enroll in the Service or your Online Banking Access is re-activated after being suspended for inactivity, this fee will not be automatically waived.
You will receive notice 30 days in advance of imposition of a new Fee or an increase in an existing Fee. Notice may be in the form of an account statement message, secure message from within the Service, and/or posting of an updated Fee Schedule. Let us know when you wish to cancel the Service or any Sub-Service to ensure timely cessation of related fees.
You are responsible for any and all mobile phone wireless communication charges, data and messaging; home/business internet broadband service fees; Online security service fees, that may be assessed by your telephone and/or Internet provider in your use of the Service.
REQUIREMENTS FOR ENROLLING IN THE SERVICE
In order to enroll in the Service,
Note: After you have enrolled in Online Banking, upon request, we may enable Non-Eligible accounts for Online view access (CD's and Retirement Accounts)
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.
Enroll in the Service over the internet from a non-public computer, your home computer. When you enroll in the Service, you agree to provide true and accurate enrollment information. Upon verification and validation of information entered during the enrollment process (first time login), you will choose your Access ID and Password to authenticate to the service.
You will also:
You must complete the enrollment process to use the Service.
Your enrollment in the Service provides you 24/7 access to your Eligible Accounts. An Eligible Account for Online Banking is an account over which you have transaction authority as an owner of the account or authorized signor. You may view account balances and transaction history for the previous 24 months. Your ability to perform other transactions via the Service will depend on the type of account being accessed (Standard Access). You must have withdrawal authority to initiate transfers or otherwise remove funds from the account. If multiple signatures are required for transactions on an account, Online Access to the account is restricted to transfers into the account only, however multiple signature support is on a best efforts basis and we will not be held liable nor accountable for allowing Standard Access to the account which results in withdrawals transacted via the Service under one Access ID (one signature).
If you wish to limit the accounts to be accessed Online under your Access ID or further limit the type of Online Access to your account under your Access ID, inform your local Gibraltar Bank office or the Internet Banking Department or send us a secure email message through the Service. We will comply with your request within 10 days of receiving your request if not made in person to a Gibraltar Bank office manager. However, we will not be held liable for failure to comply with your request and allowing Standard Access to the Eligible Accounts. Your choice of access is separate from other owners or authorized signors of Eligible Accounts and applies only to your Online Banking Access ID. If due to limitations of the Service, your election impacts the Online access to other account owners or authorized signors to the account, we will not be held liable or responsible for acting on their request to re-enable Standard Access.
INACTIVITY / TERMINATION
We may convert your Access ID to inactive status (suspend the Service) if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 180 day period. Contact us to have the Service re-activated. Your Online Access may also be suspended for account inactivity or if your account is dormant (See General Terms Disclosure).
You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using Online banking services. We can terminate your Online Banking privileges (including the Online Bill Payment Service) under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.
To cancel the Online Banking and/or Online Bill Payment Service, you must notify Gibraltar Bank in writing. Your notification should include your name, address and the effective date to stop the service(s). When Online Bill Payment is terminated, any pre-scheduled bill payments made through Online Banking will also be terminated. Your final charge for the Bill Payment Service will be assessed at the end of your statement cycle. These written requests should be mailed to:
HOURS OF OPERATION AND PERFORMANCE
Time of Day posted within the Service will include time zone information, as either ET - Eastern Time or CT - Central Time, Standard Time.
The Bank and majority of its customers reside in the State of New Jersey and when provided with a time zone of CT, will need to add an hour to determine the local time. For example: 5 PM CT is 6 PM ET (our time)
The Service is generally available 24 hours a day, 7 days a week except during scheduled maintenance and upgrade periods.
Scheduled outage is:
Thursday, 12:00 am - 6:00 am ET
Monday, 12:00 am - 6:00 am ET
Internet traffic or other factors beyond our control may slow down response time and you may experience a delay or sluggishness in the Service. We recommend logging back in at a different time.
ONLINE BANKING SERVICE
We may add or remove certain features and/or functionality from time to time.
24/7 Account access through the Service includes:
Features available 2015
(A) ACCOUNT BALANCES
Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in the Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges.
Transfers between your Gibraltar accounts (Internal Transfers) scheduled for today are processed immediately provided these are submitted during system uptime and regular bank hours. If made after regular bank hours or on a non-business day, or during system down time, these will may not be posted to your account nor appear in Online History until the following Business Day.
Loan payments process Monday to Friday.
Transfers between your Gibraltar accounts and accounts held at other financial institution are processed as ACH items and governed by the Payment Agreement for this sub-service. These transfers may be referred to as External Transfers. These transfer requests may not result in immediate availability because of the time required to process the request.
A transfer scheduled for a future date can only be edited or changed if it is still "Pending".
Current federal regulations restrict the number of transactions that you can make from Money Market and Savings Accounts. For these types of accounts, you may not make more than six (6) pre-authorized electronic transfers, 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.
(C) BILL PAYMENT
Unlimited check writing. You must have sufficient funds in your account to cover the amount of your Payments.
Only checking accounts may be used for bill payment. Money Market and Savings accounts may not be enrolled for bill payment.
You can only edit or change a Payment that is still "Pending".
The Payment Agreement governs this sub-service.
(D) ACCOUNT ALERTS
Internet banking alerts allow you to set up automated notification based on your criteria. Alerts may be sent via SMS Text message to your mobile phone number, email or in an online message box within Online Banking.
Email alerts will be sent to the email address you designate in creating the Alert. This email could be different than the email address of record. If you change your email address you must update the email address in the Alerts Service.
To maintain the confidentiality and security of your records, Alerts may be in a generic format and not specify the amounts triggering the Alert nor include links to the Service.
(E) STOP PAYMENT
You may place stop payment orders on:
You may not place a stop payment order on External transfers and other Bill Payments. These limitations also apply to Stop Payment Orders placed with Bank personnel. However, you may through the Service change or cancel External Transfers and other Bill Payments that are still in "Pending" status. Refer to the Bill Payment Agreement and Service Help on Payments for more detail.
Before placing your stop payment order, verify the check(s) has (have) not cleared your account. Within Online Banking, perform a separate search for A) the check number and B) dollar amount. If the search yields no results, place the stop payment as soon as possible. Be aware that during the time an inquiry shows a check is outstanding and the stop placement is entered into the system, the check may be negotiated at a Teller station. We cannot reverse the Teller transaction.
Stop payment orders placed after 6 PM ET Monday - Friday are deemed received and effective the next business day. If the stop payment order is placed after 6 PM ET and the check is presented for payment that same night (checks you have issued are cleared against your account in nightly processing), the check will not be stopped. When placing a stop payment order after 6 PM ET Monday - Friday, you must also review your account the next business morning. If the check cleared against your account, notify your local Gibraltar Bank office by no later than 12 PM ET, so that we may manually process the Stop Payment order and return the check unpaid.
Your Stop Payment Order is subject to the following Terms:
(F) PROOF OF PAYMENT (Check copies)
You may obtain front and back copy of checks that have cleared your account for personally written, pre-authorized electronic drafts deducted from your account, and bill payments issued as a Draft against your account. If you require proof of payment after the images are no longer available through the Service, you may request these from your local Gibraltar Bank office. We recommend against downloading copies of your cleared checks to a computer used to surf the Web or gaming.
Proof of Payment for Bill Payments made other than Draft against your account can be obtained as per the Agreement on this sub-Service.
(G) eSTATEMENTS and eNOTICES
You will continue to receive your regular monthly account statements when you enroll in Online banking. You do have the option to receive electronic statements instead of mailed paper statements on any or all or your statement accounts. On those accounts you elect for this service, mailed delivery of your monthly statements and account notices will be discontinued and replaced with electronic versions for download as a PDF to your personal computer, as per the Agreement for this sub-Service. To protect the security of your information contained on checks, we may exclude check images with consumer eStatements. Refer to (B) Proof of Payment (Check copies) for your options.
Business Accounts will receive fully imaged eStatements.
When any transfer, ACH, or other Payment Instruction is initiated through the Service for your benefit, you agree that we may debit the designated Eligible Account(s) without requiring your signature on the item and without any notice to you. Transfers (internal and EFT/ACH) initiated via the Internet banking service including Bill Payment do not support multiple signature-required authorization. If your account with us has multiple signature requirements and you subscribe to multiple signature support, Authorized Users will only be able to make deposits into the restricted account. Multiple Signature Support Service is provided on a best efforts basis, and as such, should an Authorized User of a multiple signature account obtain the Bill Payment Service, the Bank will not be held liable for transactions authorized by the User. Any Authorized User is deemed authorized individually to make electronic transfers (internal and EFT/ACH) and online Bill Payments.
CHANGING YOUR EMAIL ADDRESS
Your email address and mobile phone number are key security features in Online Banking. Provide an email address that is not accessed by others, a personal email address. When your primary email address on record with Gibraltar is changed by you via the Service or by us when you complete a Contact Information Update Form, the system automatically sends a notice to both your old email address and new email address informing you of the change so that you may take action if you did not make or authorize the change.
Online features may also use your email such as Alerts and Payments.
To fully update your email in our system: you must change it:
SECURE MESSAGING / SECURE EMAIL
If you send Gibraltar Bank a secure electronic mail message through the Service, Gibraltar Bank will deem to have received it by the end of the following Business Day . Emails will be answered within a reasonable timeframe.
You should not rely on electronic mail if you need to communicate with us immediately (for example, if you need to report an unauthorized transaction on one of your accounts, or need to place a stop a payment on an item).
You agree that Gibraltar Bank may respond to you by secure message with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such secure messaging sent to you by Gibraltar Bank shall be considered received within three (3) days of the date sent by Gibraltar Bank, regardless of whether or not you sign on to the Service within that time frame.
SECURITY - OUR RESPONSIBILITY
We implement safeguards for the protection of your accounts and the confidentiality of your information. We use the following methods:
Encryption - Retail Internet Banking servers protect customer communications via their browser using 128-bit SSL/TLS encryption. Your browser automatically activates this technology when it attempts to connect to our Service. The Service requires a browser that supports 128-bit encryption.
Certificate Authority - Positive identification of Internet Banking websites to assure you that you are at our site and not at a site pretending to be us. Each server has been issued a digital certificate by an industry leading trust vendor.
Cookies - During your use of the Service we will pass a 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 Password for each individual transaction. Users must accept this cookie to use the Service. 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 Online account.
Layered Security - One example of layered security is when you change your email address, the system automatically sends a notice to both your old email address and new email address informing you of the change so that you may take action if you did not make or authorize the change. Another example is the use of multiple security questions which you must answer when you log on to the Service from a PC that is not registered with the Service.
Inactivity log outs - Your online session will automatically end after ten (10) minutes of inactivity. This protects you in case you accidentally leave your computer unattended after you log-in.
Password lockouts - The Service will automatically disable your Access ID after three unsuccessful login attempts within a 24-hour time frame. You will need to Contact us during regular Bank hours to re-activate your Access ID. To avoid an extended lock out (during the weekend or holiday), do not make a third attempt after two unsuccessful password entries, instead use the "Forgot Password" feature to obtain a temporary password before being locked out.
To improve functionality and security of the Service, we may revise browser and hardware requirements. These required changes may impact your ability to access the Service. You remain responsible for ensuring you access the service from devices that can support the Service in a secure manner and that you are able to receive important notices and disclosures electronically.
SECURITY - YOUR RESPONSIBILITY
The safeguarding of your account and information requires active participation on your part. As a condition of your Use of the Service, you agree to meet the requirements communicated to you for enrollment in the Service and continued Use of the Service.
Manage the devices from which you will be accessing the service
Manage your use of the service.
Manage your authentication credentials
Access IDs and Passwords - One of the main security features protecting the Service is the unique combination of your Access Identification Code (Access ID) and Password used to access your account(s). During enrollment, you choose your own unique Access ID and Password. The password is stored encrypted in our database. We do not have access to your password.
Monitor your account via the Service
Review your Statements
In case of errors or questions about your electronic transactions on your Statement, you should notify us as soon as possible through one of the following methods:
If you think your statement is incorrect or you need more information about an electronic transfer or Bill Payment 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:
- Tell us your name and deposit account number.
- 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.
- Tell us the dollar amount of the suspected error.
- Tell us the date on which it occurred
For errors regarding electronic transactions on new consumer accounts, we may take up to 90 days to investigate your complaint or question. We may take up to 20 Business Days to credit a new 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. We will reverse any provisional credit provided to you if we find an error did not occur. You may ask for copies of documents used in our investigation.
We shall have no liability to you for any unauthorized payment or transfer made using your password 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.
LIMIT OF OUR RESPONSIBILITY
We agree to make reasonable efforts to ensure full performance of the Service. We will be responsible for acting only on those instructions sent through Online Banking which are actually received, and cannot assume responsibility for circumstances over which we have no direct control. This includes but is not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send. We are not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.
Any information you receive from us is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. We are not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.
We are not responsible for any computer virus or related problems that may be attributable to services provided by your Internet access service provider.
You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking and Bill Pay. We will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
The limit of our liability shall be as expressly set forth herein. Under no circumstances will we be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable. By consenting to use the Service, you agree to waive any and all rights to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.
GIBRALTAR BANK'S RESPONSIBILITY
Gibraltar Bank will be responsible for your losses, as allowed by law, if they were directly caused by our failure to:
However, we will NOT be responsible for your losses if:
In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.
If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
EXCLUSIONS OF WARRANTIES AND LIMITATION OF DAMAGES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", "AS AVAILABLE" 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. NEITHER GIBRALTAR BANK NOR ITS WE SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE.
THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEY FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE.
You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
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.
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.
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 or Agents say and the terms of this Agreement, the terms of this Agreement will prevail.
WAIVER OF TRIAL BY JURY
The parties hereby knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation brought based upon this Agreement, or arising out of, under, or in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the parties. This provision is a material inducement for the parties entering this Agreement.
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 us unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
GOVERNING LAW AND RELATION TO OTHER AGREEMENTS
This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s).
This Agreement shall be governed by and construed in accordance with federal laws and the laws of the State of New Jersey, without regard to its conflicts of laws provisions; provided, however, any dispute related to Bill Payment are solely between you and our Bill Payment Provider and shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions.
RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS
Print by clicking on "Print Disclosure" at the top or bottom right of this document or by using the print function of your browser. Save an electronic copy to your computer by selecting "File" and then "Save As" from your browser.
If you have any questions about this Agreement, need help with printing or saving this document, or to obtain a paper copy of this Agreement, contact your local branch office or our Internet Banking Department (see Service Contact Information).
ADDITIONAL PROVISIONS APPLICABLE ONLY TO BUSINESS CUSTOMERS. THESE PROVISIONS SUPERSEDE ANY PROVISIONS COMMUNICATED ELSEWHERE IN THIS AGREEMENT THAT MAY APPLY TO BOTH CONSUMER AND BUSINESS CUSTOMERS.
(A) PROTECTING YOUR ACCOUNT
THE SERVICE WILL ALLOW BUSINESS CUSTOMERS TO ESTABLISH INDIVIDUAL ACCESS IDS AND PRIVILEGES FOR EACH AUTHORIZED USER. ADDITIONAL FEES MAY BE ASSESSED FOR EACH ACCESS ID.
BUSINESS CUSTOMER AUTHORIZES US TO ACT UPON, AND YOU AGREE TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH YOUR ACCESS ID AND/OR THE ACCESS ID 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. WE 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 US HARMLESS 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 WE 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
WE MAY DISABLE AUTHORIZED USERS EVEN WITHOUT RECEIVING SUCH NOTICE FROM YOU, IF WE SUSPECT ACCESS IDS 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.
WE 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 SERVICE 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 PASSWORD AND THE SAME FOR YOUR AUTHORIZED USERS. YOU AGREE TO NOTIFY GIBRALTAR BANK 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 GIBRALTAR 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.
(E) LIMITATION OF INSTITUTION LIABILITY
WE 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. WE WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE:
IF WE 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 OF NEW YORK 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 GIBRALTAR BANK AND ITS WE UNDER THIS AGREEMENT. THE TERMS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT.
BUSINESS CUSTOMER AND ITS AUTHORIZED USERS WILL DEFEND, INDEMNIFY AND HOLD HARMLESS GIBRALTAR BANK AND ITS WE 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 GIBRALTAR 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.
PROCEED WITH ENROLLMENT FOR THE SERVICE
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