You MUST read through this agreement and accept it by clicking at the end before you can access Monument Bank’s Online Banking.
1. The Service.
In consideration of the use of the Internet Banking Service (“Service”) to be provided to Customer by Monument Bank (“BANK”), as described herein and as amended from time to time in information distributed by BANK to its customers, Customer agrees to the terms of this Agreement. In this Agreement, “Customer” or “you” refers to the person(s) subscribing to or using the Services. You may use a Personal Computer (“PC”) through an Internet connection to obtain account balances and transaction information. You may also use your PC to obtain statements on your accounts and to transfer money between your accounts. However, transfers from your savings and Money Market accounts are considered pre-authorized transfers, and are subject to transaction restrictions as described in the account agreement. In addition, you may use your PC to electronically direct us to make Bill Payments (“Bill Payments”) from your account to third parties (“Payees”) that you have selected to receive payment through the Service.The “Account” means your designated Bill Payment account at BANK from which we make Bill Payments or transfers on your behalf pursuant to this Agreement.
2. Your USERNAME And PASSWORD.
Each individual who has access to Online Banking, including each individual named on joint accounts, must designate a Personal Identification Number (“PASSWORD”). Your USERNAME will be assigned to you along with your temporary PASSWORD. While your USERNAME will remain unchanged, you will be required to change your PASSWORD regularly for security purposes.
3. Scheduling Payments.
You may choose to add Bill Payment and use your PC to electronically schedule payments with the Service. Payments are posted against your balance available for withdrawal, as defined in the Bank’s Funds Availability Policy, plus the available limit on your overdraft protection, if any, or other line of credit.
4. Your Payee List.
You may include all utility companies, merchants, financial institutions, insurance companies, individuals, etc. whom you wish to pay through the Bill Payment service. You must include a complete mailing address and telephone number for each payee and your account number with each Payee. We reserve the right to decline to make payments to any person and entity.
5. Delivery Of Your Payments And Transfers.
You may schedule payments to be initiated on the current business day, on a future date, or on the same date of each month, subject to the restrictions in the Agreement. Although you can enter payment information through the Service twenty-four (24) hours a day, seven (7) days a week, payments can be initiated only on business days. Funds will be deducted from your Account on the business day on which a payment is to be “initiated.” This date is referred to in this Agreement as the “Transaction Date.” If you direct the initiation of a payment to occur on a day other than a business day, it will be initiated on the previous business day. After funds are withdrawn from your Account, we may remit your payments by mailing your Payee a check, by electronic funds transfer, including ACH (Automated Clearing House) or by other means. Because of the time it takes to send your payment to them, your Payees generally will not receive payment on the Transaction Date. This applies regardless of whether the payment is a next-day payment, a future payment, or a recurring payment, as described below. Therefore, in order to provide sufficient time for payments to be received by your Payees, the Transaction Date should be at least five (5) days prior to the date your payment is due, excluding any applicable grace periods (the “Due Date”). It is helpful if you allow additional time for a payment to be completed the first time you send a payment to a Payee through the Service. This allows the Payee to adjust to the new form of payment. Payments must be scheduled by 4 p.m. (CST) on any business day in order for the payment to be initiated for that business day. Transfers between your accounts must be scheduled by 4 p.m. (CST) on any business day in order for the transaction to be completed on that business day.
6. Recurring Payments.
Recurring payments are those made for the same amount and are made on a weekly, bi-monthly, monthly, or other regularly scheduled basis. Once started, recurring payments will be made automatically until you tell us to cancel the payment as provided in Paragraph 8.
7. Our Liability For Failure To Complete Transactions.
If we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we may be liable for some of your losses or damages. However, we will not be liable:
- if, through no fault of ours, you do not have enough money in your Account to make the transfer;
- if the money in your Account is subject to a dispute, legal process or other encumbrance restricting transfer;
- if the transfer would go over the limit on your overdraft protection (if any);
- if the system was not working properly when you started the transfer;
- if circumstances beyond our control (such as fire, flood, systems failure or an Act of God) prevent the transfer, despite reasonable precautions that we have taken, or
- if the Payee mishandles or delays handling payments sent by us.
8. Canceling Transfers & Payments.
You may cancel a transfer between your accounts or a payment to a Payee up to 1 p.m. (CST) on the Transaction Date by calling customer service at 215-340-1020. A payment that has been sent may be recalled subject to a Bill Pay recall fee as set out in your account agreement, but the BANK will not guarantee the ability to recall an item. If you are canceling a recurring payment using the Bill Payment service, all future receiving payments to that Payee will cease unless you specifically instruct the BANK to continue future recurring payments.
All payments, transfers, and/or fees made with the Service will appear on your monthly Account statement. The Payee name, payment amount, and date of the payment will be shown for each payment made through the Service during that statement cycle.
Fees for the Service shall be payable in accordance with a schedule of charges as established and amended by BANK from time to time. Charges shall be automatically deducted from Customer’s Account, and BANK shall provide to Customer monthly notice of such debit(s) on your statement.
You are solely responsible for the equipment you use to access the Service (including, your personal computer and any software you may need to access the Internet). We are not responsible for errors or delays or your inability to access the Service caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the Service, nor are we responsible, under any circumstances, for any damage to your equipment or the data residing thereon.
12. Business Days/Hours Of Operation.
Our business days are, Monday through Friday, except bank holidays. Although payments and transfers can be completed only on business days, the Service is available 24 hours a day, seven days a week, except during maintenance periods, for the scheduling of payment orders and transfers.
13. Notice Of Your Rights And Liabilities.
Security of your transactions is important to us. Use of the Service requires a PASSWORD. If you lose or forget your PASSWORD, please call 215-340-1020 during normal business hours listed above. We may accept as authentic any instructions given to us through the use of your PASSWORD.You agree to keep your PASSWORD secret and to notify us immediately if your PASSWORD is lost or stolen or if you believe someone else has discovered your PASSWORD. You agree that if you give your PASSWORD or allow it to be given to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use the Service. The Online Banking Service enables you to change your PASSWORD and we require that you do so regularly. We may be liable for certain security breaches to the extent required by applicable law and regulation. We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities. We reserve the right to (1) monitor and/or record all communications and activity related to the Service, and (2) require verification of all requested transfers in the manner we deem appropriate before making the transfer (which may include written verification by you). You agree that our records will be final and conclusive as to all questions concerning whether or not your PASSWORD was used in connection with a particular transaction. If any unauthorized use of your PASSWORD occurs you agree to (1) cooperate fully with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator, and (2) provide any assistance requested by us in recovering any unauthorized transfer of funds.
Notifying us AT ONCE, if you believe your PASSWORD has been lost or stolen, is the best way of reducing your potential liability. You could lose all the money in your account (plus your overdraft limit). If you tell us within four (4) business days, you can lose no more than $50. If you do NOT tell us within four (4) business days after you learn of the loss or theft of your PASSWORD and we can demonstrate that we could have prevented the unauthorized use of your PASSWORD if you had told us, you could lose as much as $300. Also, if your statement shows transfers that you did not make you must, tell us immediately. If you do not tell us within sixty (60) days after we make available to you the first statement containing the problem or error, you may not get back any money you lost after the sixty (60) days if we can demonstrate that we could have prevented the unauthorized transaction if you had told us in a timely fashion. If you believe your PASSWORD has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call 215-340-1020 during normal business hours listed above. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL.
14. Error And Questions.
In case of errors or questions about your electronic transactions, telephone us at 215-340-1020, 8:30 a.m.–5:00 p.m. (EST), Monday through Friday, or write us at:
Attention: Online Banking
465 N Main Street
Doylestown PA 18901
You must contact the BANK if you believe your statement is wrong, or if you need more information about a transaction listed on your statement. You will need to:
- tell us your name and Account number (if any);
- describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
- tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account) to investigate your complaint or questions. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before the account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
15. Disclosure Of Account Information To Third Parties.
We may disclose information to third parties about your Account or the transactions you make:
- where it is necessary for completing transactions;
- in order to verify the existence and condition of your Account for a third party, such as a credit bureau or a merchant;
- in order to comply with government agency or court orders;
16. Authorization To Obtain Information.
You agree that we may obtain and review your credit report from a credit bureau or similar entity. You also agree that we may obtain information regarding your account with any Payee in order to facilitate proper handling and crediting of your payments.
If you want to terminate your access to the Service, call us at 215-340-1020. After receipt of your call, we will send a written termination authorization for your signature and return to us. Upon receipt by the BANK of the authorization to terminate the Service signed by you, we will terminate the Service.RECURRING TRANSFERS BETWEEN ACCOUNTS WILL NOT NECESSARILY BE DISCONTINUED BECAUSE YOU TERMINATE ACCESS TO THE SERVICE. IF YOU WANT TO TERMINATE RECURRING TRANSFERS BETWEEN ACCOUNTS YOU MUST SPECIFICALLY STATE ON THE TERMINATION AUTHORIZATION THAT YOU WANT ALL RECURRING TRANSFERS TO CEASE.
We reserve the right to terminate the Service, in whole or in part, at any time with or without cause and without prior written notice. In the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend the Service in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter you PASSWORD as an indication of an attempted security breach. Termination of the Service does not affect your obligations under this Agreement with respect to occurrences before termination.
18. Limitation Of Liability.
Except as otherwise provided in this Agreement or by law, we are not liable for any loss, injury, or damage, whether direct, indirect, special, incidental or consequential, caused by the Service or the use thereof or arising in any way out of the use of the Service, including but not limited to any damage to your equipment.
No waiver of the terms of this Agreement will be effective unless in writing and signed by an authorized officer of the BANK.
You may not transfer or assign your rights or duties under this Agreement.
We can change a term or condition of this Agreement by mailing or delivering to you a written notice at least thirty (30) days before the effective date of any such change. We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain or restore the security of our system or an account. However, even in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you if practicable, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you in the Account records, or the e-mail address which you authorized to receive such notices and/or disclosures.
Customer, in consideration of being allowed access to the Service, agrees to indemnify and hold the BANK harmless for any losses or damages to the BANK resulting from the Customer’s use of the Services, to the fullest extent allowed by applicable law.
23. Security Procedures.
By accessing the Service, you hereby acknowledge that you will be entering a protected web site owned by the BANK, which may be used only for authorized purposes. The BANK may monitor and audit usage of the Service, and all persons are hereby notified that use of the Service constitutes consent to such monitoring and auditing. Unauthorized attempts to up-load information and/or change information on these web sites are strictly prohibited and are subject to prosecution under state and federal law.
ONLINE BANKING AND BILL PAY AGREEMENT AND DISCLOSURES
IMPORTANT INFORMATION ABOUT THIS AGREEMENT:
YOU ARE PREPARING TO RECEIVE REQUIRED CONSUMER DISCLOSURES IN AN ELECTRONIC FORM. THEREFORE, THIS AGREEMENT SERVES THE FOLLOWING TWO PURPOSES:
- OBTAIN YOUR AFFIRMATIVE CONSENT TO RECEIVE THE REQUIRED CONSUMER DISCLOSURES IN ELECTRONIC FORM AND PROVIDE YOU WITH A CLEAR AND CONSPICUOUS STATEMENT ABOUT YOUR RIGHTS IN REGARD TO RECEIVING ELECTRONIC CONSUMER DISCLOSURES AS OUTLINED IN THE ELECTRONIC RECORDS AND SIGNATURES IN COMMERCE (E-SIGN) ACT, AND;
- PRESENT YOU WITH THE REQUIRED CONSUMER DISCLOSURES FOR THE ONLINE BANKING SERVICE.
CONSENT TO RECEIVE ELECTRONIC DISCLOSURE
BY CLICKING THE “I AGREE” BUTTON BELOW YOU ARE AFFIRMATIVELY CONSENTING TO RECEIVE THE REQUIRED DISCLOSURE IN ELECTRONIC FORM.
The Online Banking Service is an electronic internet based service. Therefore, you understand that this Agreement will be entered into electronically.
- You have the right to have this disclosure provided or made available on paper or in non-electronic form;
- You have the right to withdraw the consent to have the disclosure provided or made available in an electronic form, but this will result in the termination of your Online Banking Service;
- The consent to receive electronic consumer disclosures applies to all future required consumer disclosures in connection with the Online Banking Service;
- You can update your electronic contact information by using the User Maintenance function within the service or calling the Customer Service number noted in this document;
- After clicking the “I Agree” button, you may request a paper copy of this consumer disclosure by contacting us at 215-340-1020;
- You understand that to access and retain this disclosure and to use the Online Banking Service, you must have the following: a PC with an Internet browser that has “cookies” enabled and supports 128 bit encryption, an Internet connection for the PC, an e-mail address, and either a printer or sufficient electronic space to store this disclosure.
Electronic Contact Information
In order to keep you informed of changes to this disclosure, we will distribute the new disclosure to you when changes are made. We will distribute the new disclosure to the electronic mail address you register in the Online Banking Service. If an email is returned as “undeliverable”, we will deliver to a secondary electronic mail address, if we have one on file, or we will send a hard copy of any changes to your physical mailing address that is on record with us. In order to ensure timely notification of any changes, please notify us on a timely basis of a change in your electronic mail address or physical mailing address.
The first time you access your accounts through the Online Banking Service you agree to be bound by the terms and conditions of this Online Banking and Bill Payment Agreement (“Agreement”) and acknowledge its receipt and your understanding of its terms.
PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.