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INTERNET BANKING TERMS AND CONDITIONS AGREEMENT
This Agreement describes your rights and obligations as a user of the
On-line Banking Service ("Service" or "Services"). It also describes the
rights and obligations of Huntingdon Valley Bank. Please read this
Agreement carefully. As an authorized account holder you must abide by the
terms and conditions of this agreement, and those provided to you at
account opening, in order to use this Service.
It is hereby agreed by and between Huntingdon Valley Bank and you that
this agreement shall govern the terms and conditions of the use of the
Services and intending to be legally bound Huntingdon Valley Bank and you
agree as follows:
CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By selecting the "I Accept" button below, you are (1) acknowledging your
receipt of the information listed below, (2) agreeing that any contract
you enter into with Huntingdon Valley Bank for the provision of certain
On-line Banking Services, may be in electronic form, (3) agreeing that
certain information that may be delivered in connection with the Services
may also be in electronic form, and (4) your acceptance of this agreement
is in accordance with and subject to the Electronic Transaction Act (73
P.S. § 2260.101 et. seq.).
You are also acknowledging receipt of the following information and agree
that:
* We may provide you with this Agreement and any revisions and amendments
thereto in electronic form, and that, if you choose to accept the
Agreement, you are consenting to enter into and are entering into an
agreement electronically that will govern all future transaction you
conduct using the Service.
* We may provide you revisions and amendments to the Agreement and such
other information, including but not limited to information under
Regulation E and under other applicable banking or financial services laws
or regulations in connection with the Service, electronically as a part of
the Agreement or otherwise as a part of the Services. While you may print
and retain a copy of the Agreement or any information provided to you in
relation to the Service, we only provide these documents electronically.
* You have a right at any time to withdraw, without service charges, your
consent to receive information electronically. However, because the
Agreement and the Information are provided only in electronic format, your
withdrawal of consent will terminate all the Services.
* If you wish to withdraw consent to receive information electronically,
to terminate the Services, or to update your information such as a change
of address, or email address, you may call Huntingdon Valley Bank at
(215)-947-1300, or write a letter and send it to:
Huntingdon Valley Bank
Attention: Information Technology Department
2617 Huntingdon Pike
Huntingdon Valley, PA 19006
* You are able to access information Services via the Internet.
DEFINITIONS:
The following definitions apply in this Agreement.
1. “On-line Banking” is the Internet-based service providing access to
your account(s) under the terms set forth in this Internet Banking Terms
and Conditions Agreement
2. “On-line Account" is a Huntingdon Valley Bank account from which you
are granted access to and conduct transactions using the Service.
3. “Business Day" refers to Monday through Friday, excluding holidays as
determined by Huntingdon Valley Bank. All On-line transaction requests
received after 7:00 p.m. EST, or on a non-Business Day, will be processed
immediately, but will not appear in the online history until the following
Business Day.
4. "Passcode" is a series of numbers and/or letters that you select after
the initial sign-on, that authorizes your use of the Service. Huntingdon
Valley Bank will provide you with a code to access the initial sign-on
process.
5. “Service” is any and all applications supported by and available
through huntingdonvalleybank.com
6. "Time of day" references are to Eastern Standard Time.
7. "We," "us" "our" or "Huntingdon Valley Bank" refer to Huntingdon Valley
Bank, which offers the Services provided under this Agreement and holds
the accounts accessed by the Services.
ACCESS TO SERVICES
Huntingdon Valley Bank will provide on-line instructions describing how to
use the On-line Banking Service. To gain access to this Service you will
need your Access ID and your Passcode.
HOURS OF OPERATION
The Services are generally available 24 hours-a-day, 7 days a week, except
during special maintenance and upgrade periods, which routinely are
scheduled between 12:00 a.m. and 5:00 a.m. Monday mornings.
USE OF YOUR SECURITY PASSCODE
The safety of our customers' accounts and account information is of
paramount importance to Huntingdon Valley Bank. We go to great lengths to
protect confidentiality and the security of your account, and urge you to
do the same. You agree not to allow anyone to gain access to the Services
or to let anyone know your Passcode or ID used with the Services. You
agree to assume responsibility for all transactions initiated by you, by
anyone within your knowledge or by anyone to whom you provided your ID and
or passcode, up to the limits allowed by applicable law. While Huntingdon
Valley Bank continues to provide our customers with the level of on-line
security we believe necessary and appropriate, customers who share their
User-IDs and Passcodes are giving up the full benefit of our security
measures and legal protections to which they may be entitled. No
Huntingdon Valley Bank representative will ever call and ask for your UserAccess ID or User
Passcode.
IF YOUR PASSCODE OR USER ID HAS BEEN LOST OR STOLEN
If your Passcode or ID has been lost or stolen, call Huntingdon Valley
Bank immediately at (215)-947-1300 x229, 24 hours a day 7 days a week. If
you call us during non-business hours, please leave a message with a
telephone number where we can contact you the next business day we are
opened. Telephoning Huntingdon Valley Bank is the best way of minimizing
your losses. You may also restore the security of your Service by
immediately changing your Passcode. If you believe your Passcode or ID has
been lost or stolen and you notify us within two Business Days after you
learn of the loss or theft, you can lose no more than $50.00 if someone
uses your Passcode or ID to conduct unauthorized electronic funds
transfers without your permission. If you do NOT notify us within two
Business Days after you learn of the loss or theft of your Passcode, or ID
and we can prove we could have stopped someone from using your Passcode or
ID to conduct unauthorized electronic funds transfers without your
permission if you had told us, you could lose as much as $500.00.
BANKING TRANSACTIONS WITH ON-LINE BANKING
In addition to viewing account information, you may use On-line Banking to
conduct the following transactions:
* Transfer funds among your linked checking, savings, money market, loan
and line of credit accounts.
NOTE: Because regulations require Huntingdon Valley Bank to limit
pre-authorized transfers (including On-line Banking transfers), the
following limitations apply:
* Statement Savings Account-- You can make no more than six (6) transfers
per statement period by pre-authorized or automatic transfer, or by
telephone or On-line Banking.
* Passbook Savings Account-- You can make no more than six (6) transfers
per statement period by pre-authorized or automatic transfer, or by
telephone or On-line Banking.
* Money Market Savings Account-- You can make no more than six (6)
transfers per statement period by pre-authorized or automatic transfer or
by telephone or On-line Banking, and no more than three (3) of these may
be by check, draft or debit card.
New services may be introduced for On-line Banking from time to time.
Huntingdon Valley Bank will notify you of the existence of these new
services. By using these services when they become available, you agree to
be bound by the rules that will be made available to you concerning these
services.
STATEMENTS
For accounts that receive statements, you will continue to receive your
regular account statement either monthly or quarterly, depending on the
type of account. Passbooks will be updated upon presentment at any
Huntingdon Valley Bank office. We suggest you regularly update passbooks
accounts you use.
IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE
If your statement or passbook shows transfers that you did not make,
notify Huntingdon Valley Bank immediately at (215)-947-1300, or write a
letter and send it to:
Huntingdon Valley Bank
Attention: Savings Department
2617 Huntingdon Pike
Huntingdon Valley, PA 19006
If you do not notify Huntingdon Valley Bank within sixty (60) days after
the statement was mailed to you, you will not recover any money lost after
the sixty (60) days which we could have prevented if Huntingdon Valley
Bank had been timely notified.
ERRORS AND QUESTIONS
In case of errors or questions regarding an On-line Banking transaction,
you may call Huntingdon Valley Bank at (215)-947-1300 x229, or write a
letter and send it to:
Huntingdon Valley Bank
Attention: Information Technology Department
2617 Huntingdon Pike
Huntingdon Valley, PA 19006
We must hear from you at the specified telephone number or address no
later than sixty (60) calendar days after we sent you the first statement
on which the problem or error appeared. We will need:
* Your name and account number
* A description of the error or the transfer in question, and an
explanation concerning why you believe it is an error or need more
information.
* The dollar amount of the suspected error
* The date on which it occurred.
If the report is made orally, we may require that you send the complaint
or question in writing within ten (10) Business Days from your initial
contact. We will notify you with the results of the investigation within
ten (10) Business Days after you contact us and will correct any
legitimate error promptly. If more time is needed, however, we may, at our
sole discretion, take up to forty-five (45) calendar days to investigate a
complaint or question. If this occurs, we will credit your account within
ten (10) Business Days for the amount you think is in error. This will
allow you to use the money during the time it takes us to complete our
investigation. If your complaint or question is not received in writing
within ten (10) Business Days from your original contact, we may not
credit your account until the investigation is completed.
If your notice of error concerns a transaction that occurred during the
first 30 days after the first deposit to the account was made, the
applicable time periods are 20 Business Days in place of 10 Business Days
and 90 calendar days in place of 45 calendar days.
If we determined that no error occurred, we will send you a written notice
within three (3) Business Days. You may request copies of the documents
that were used in the investigation. If we re-credit your account with the
funds while we investigate an error, you must repay those funds to us if
we conclude no error has occurred.
You agree that Huntingdon Valley Bank may respond to you by e-mail with
regard to any claim of unauthorized electronic fund transfer related to
the Service. Any such electronic mail sent to you by Huntingdon Valley
Bank shall be considered received within three (3) Business Days of the
date sent by Huntingdon Valley Bank, regardless of whether or not you sign
on to the Service within that time frame.
Note, if a transaction appears on any statement mailed to you, that
statement is considered notice to you of the transaction, regardless of
whether the statement account is the donor or the receiving account for
the transaction.
LIMIT OF Huntingdon Valley Bank's RESPONSIBILITY
Huntingdon Valley Bank agrees to make reasonable efforts to ensure full
performance of On-line Banking. Huntingdon Valley Bank will be responsible
for acting only on those instructions sent through On-line Banking which
are actually received, and cannot assume responsibility for circumstances
over which the bank has no direct control. This includes but not limited
to, the failure or malfunctions in communication facilities, which may
affect the accuracy or timeliness of messages you send. Huntingdon Valley
Bank is not responsible for any losses of any kind whatsoever should you
give incorrect instructions.
Any information you receive from Huntingdon Valley Bank is believed to be
reliable. However, it can only be provided on a best-efforts basis for
your convenience and is not guaranteed. Huntingdon Valley Bank is not
liable for any deficiencies in the accuracy, completeness, availability,
or timeliness of such information. or for decisions made using this
information.
Huntingdon Valley Bank is not responsible for any fees incurred for
Internet access, telephone line fees or for any computer virus or related
problems that may be attributable to services provided by any Internet
access service provider.
You are responsible for obtaining, installing, maintaining, and operating
all computer hardware and software necessary for performing On-line
Banking. Huntingdon Valley Bank will not be responsible for any errors or
failures from the malfunction or failure of your hardware or software.
The limit of Huntingdon Valley Bank's liability shall be as expressly set
forth herein. Under no circumstances will Huntingdon Valley Bank be liable
in contract, tort, or otherwise for any special, incidental, or
consequential damages, whether foreseeable or unforeseeable. By consenting
to use the Services, you agree to waive any and all right to any of the
aforesaid, and you acknowledge that the limit of your remedy is as
otherwise expressly set forth herein.
Huntingdon Valley Bank's RESPONSIBILITY
Huntingdon Valley Bank will be responsible for your actual losses, subject
to the limitations stated herein below, only if they were directly caused
by our failure to:
* Complete an Electronic Funds Transfer as properly requested
* Cancel an Electronic Funds Transfer as properly requested.
However, Huntingdon Valley Bank will not be responsible for your losses
if:
* Through no fault of Huntingdon Valley Bank, you do not have enough money
in your account to make the transfer
* Through no fault of Huntingdon Valley Bank, the transaction would have
caused you to exceed your available credit
* Circumstances beyond our control (e.g., fire, flood, power outage, mail
delivery delays, equipment or technical failure or breakdown) prevent the
transfer, despite reasonable precautions that we have taken
* There is a hold on your account, or if access to your account is blocked
in accordance with banking policy
* Your funds are subject to legal process or other encumbrance restricting
the transfer
* Your transfer authorization terminates by operation of law
* You believe someone has accessed your accounts without your permission
and you fail to notify Huntingdon Valley Bank immediately
* We have received incomplete or inaccurate information concerning your
account.
* We have a reasonable basis for believing that unauthorized use of your
Passcode or account has occurred or may be occurring, or if you default
under this Agreement, the Deposit Account Agreement, a credit agreement,
or any other agreement with us, or if we or you terminate this Agreement.
There may be other exceptions stated in this agreement and in other
agreements with you. 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.
ELECTRONIC MAIL (EMAIL)
If you send Huntingdon Valley Bank an electronic mail message through the
Service, Huntingdon Valley Bank will be deemed to have received it on 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
Huntingdon Valley Bank immediately (e.g., if you need to report an
unauthorized transaction from one of your accounts, or if you need to stop
a payment that is scheduled to occur).
You agree that Huntingdon Valley Bank may respond to you by electronic
mail with regard to any matter related to the Service, including
responding to any claim of unauthorized electronic funds transfer that you
make. Any such electronic mail sent to you by Huntingdon Valley Bank shall
be considered received within three (3) days of the date sent by
Huntingdon Valley Bank, regardless of whether or not you sign on to the
Service within that time frame.
E Mail by its nature is not secure. Therefore, you should never include
any personal or private information concerning yourself, any other account
holder, or your account information.
OTHER AGREEMENTS
In addition to this Agreement, you and Huntingdon Valley Bank agree to be
bound by and comply with the requirements of all account agreements
provided to you at the time your account was opened which are specifically
applicable to your On-line Account usage and transactions. Your use of the
On-line Banking service is your acknowledgment that you have received
these agreements and intend to be bound by them. You should review other
disclosures received by you when you open your accounts at Huntingdon
Valley Bank, including the charges that may be imposed for electronic
funds transfers or the right to make transfers listed in the fee schedules
accompanying those disclosures and the fee schedule at the end of this
Agreement. We will automatically deduct any fees related to this Service
from your designated account each month. All terms and conditions of the
disclosures provided to you at account opening, including but not limited
to, the Truth in Savings, Regulation E Disclosure, Depositor's Agreement
and Terms and Conditions apply to this Service.
MODIFICATIONS TO THIS AGREEMENT
Huntingdon Valley Bank may modify the terms and conditions applicable to
either Service from time to time upon mailing or delivering a notice of
the modifications to you at the address shown on our account records, and
the revised terms and conditions shall be effective at the earliest date
allowed by applicable law. We may send any notice to you via electronic
mail and you will have been deemed to have received it three (3) days
after it is sent. We reserve the right to terminate this Agreement and
your use of the Services in whole or in part at any time without prior
notice.
DISCLOSURE OF INFORMATION TO THIRD PARTIES/ PRIVACY POLICY
A copy of Huntingdon Valley Bank's Consumer Privacy Statement is available
upon request at any of our branches, or can be mailed to you upon request
by calling Huntingdon Valley Bank at (215)-947-1300 x205, or writing a
letter and sending it to:
Huntingdon Valley Bank
Attention: Compliance Department
2617 Huntingdon Pike
Huntingdon Valley, PA 19006
You can also access our Policy online to view and or print by clicking on
the Privacy Policy icon on the Huntingdon Valley Bank Website.
INACTIVITY / TERMINATION
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 electronic banking services. We can terminate your On-line
Banking privileges 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.
If you are not paying a monthly service charge for the Service, we may
close your account if you do not sign on to the Service or have any
transaction scheduled through the Service during any consecutive 180 day
period. If your account is closed, you must contact us to reopen the
account and will be required to pay a fee before you will be able to
schedule any transaction through the Service.
If you are not paying a monthly service charge for the Service, we may
convert your account to inactive status if you do not sign on to the
Service or have any transaction scheduled through the Service during any
consecutive 180 day period. If your account is considered inactive, you
must contact us to have the Service reactivated before you will be able to
schedule any transaction through the Service.
To cancel the On-line Banking, you must notify Huntingdon Valley Bank.
Your notification should include your name, address and the effective date
to stop the service(s). You may notify Huntingdon Valley Bank by one of
the following methods:
* By initiating a customer inquiry through our Web site
* By calling (215)-947-1300 x229
* By writing a letter and either sending it to:
Huntingdon Valley Bank
Attention: Information Technology Department
2617 Huntingdon Pike
Huntingdon Valley, PA 19006
GOVERNING LAW
This Agreement is governed by the laws of the Commonwealth of Pennsylvania
and applicable federal law(s). Any dispute arising out of the terms and
conditions of this agreement shall be brought exclusively in The Court of
Common Pleas of Bucks County Pennsylvania, unless Huntingdon Valley Bank,
at its sole option, requires that the dispute be submitted to binding
arbitration. Should binding arbitration of the dispute be required by
Huntingdon Valley Bank you agree to submit an Application for Arbitration
to the office of the American Arbitration Association that is within the
closet proximity to the headquarters of Huntingdon Valley Bank.
If any action is brought by Huntingdon Valley Bank against you or you
against Huntingdon Valley Bank, whether through a civil action or
arbitration, arising out of the terms and conditions of this agreement,
the prevailing party shall be entitled recover, in addition to any other
relief granted, reasonable attorneys fees and expenses of litigation.
FEE SCHEDULE
Huntingdon Valley Bank offers the benefits and convenience of the On-line
Banking service to you at no monthly charge. Account research and stop
payment charges will be assessed at the rates published in Huntingdon
Valley Bank's Miscellaneous Schedule Fees Brochure and deducted from your
account.
These fees are subject to change. Huntingdon Valley Bank will notify you
in writing regarding any fee changes at least thirty (30) days in advance
of the effective date of these changes.
SEVERABILITY
If any provision of this agreement shall be unlawful, void, or for any
reason unenforceable, than that provision shall be deemed severable from
this agreement and shall not affect the validity and enforceability of any
remaining provisions.
Last Revised: 11/22/06
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