Business Banking Terms

BUSINESS ONLINE AND MOBILE BANKING SERVICES
TERMS & CONDITIONS

By using this Service, you agree to the FOLLOWING Terms and Conditions.

Entire Agreement. These Terms and Conditions, together with the Business Online Banking Master Agreement, fee schedules and any exhibits and attachments thereto, is the complete and exclusive statement of the agreement between the parties with respect to the Services. Unless expressly or clearly provided herein, this Agreement in no way affects any other agreement between the parties. Business Online and Mobile Terms and Conditions are part of an entire agreement including the Business Online Banking Services Master Agreement. In the event that the two agreements are in conflict, the Business Online Banking Services Master Agreement will preside.

Limitation of Liability. You agree that we are not responsible for any losses, damages, costs or expenses which you may directly or indirectly suffer or incur as a result of the unavailability of the Services, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We also are not responsible for any losses, damages, costs or expenses which you may suffer or incur as a result of your inability to access the Services caused directly or indirectly, in whole or in part, by your PC, mobile device, the browser software or any other software installed on your PC or mobile device, your inability to establish a connection to the Internet, your ISP, cellular service provider, or capacity or other limitations or constraints of the Internet.

Availability of the Services. You understand and agree that, although we will endeavor to make the Services available to you at all times, the Services may be unavailable, and you will be unable to access the Services, from time to time due to the performance of maintenance functions, servicing, upgrading and testing the software, equipment and telecommunications devices we use in connection with the operation of the Service, malfunctions or failures of software, equipment or telecommunications devices, unusual transaction volume on or similar reasons. We will endeavor to minimize the periods of time during which the Services are unavailable.

New Services. We may from time to time introduce new services or enhance the existing Services. By using these new services when they become available, you agree to be bound by the Terms and Conditions relating to these services, notice of which will be sent to you if required by applicable law, prior to their release.

Changes in Service/Service Unavailability. We may add, modify or discontinue any Service at any time, including placing or changing restrictions/limits on the types or amounts of transfers or payments, or changing the Terms and Conditions governing the Service. We will provide notice to you of any change or termination of the Service. We may also temporarily suspend your use of the Service at any time for security reasons or any other reason in our discretion. We have no responsibility or liability for Service unavailability, interruptions or delays due to any cause.

We reserve the right to change, suspend, or discontinue this Service in whole or in part, or your use of this Service in whole or part, immediately and at any time without prior notice to you.

Liability for Unauthorized Transactions. You agree to notify us immediately if you believe any Access Information has been lost or stolen, or you believe any transactions affecting your accounts were not authorized by you. Your statement will indicate the amount and calendar date of each of the transactions and corresponding accounts affected by the transactions, and this statement and any documentation provided to you regarding your accounts and account activity shall be admissible as evidence and shall constitute prima facie proof that such transaction was made. You agree that you are liable for the full amount of any transactions, whether or not in fact authorized by you, that were initiated through the use of the Services by any person or persons who supplied valid Access Information to access the Services.

Hardware, Software and Internet Connection. To obtain the Services, you must be able to access the Services through the Internet, or via a mobile device. You are responsible for providing the PC or mobile device, the browser software and the connection to the Internet or cellular service and for paying all costs, expenses and fees related to the use of those items. We will not be responsible for any errors or failures from the malfunction or failure of your service providers or equipment. For a complete list of required hardware, software, and service requirements, see the Technical Information Sheet.

Users and Administrators - Security Procedures and Limitations. The Administrator(s) can initiate instructions to affect any and all Services, without limitation, except as set forth in the Setup Form(s). You understand that when any person transmits or causes to be transmitted to the Server a valid User ID and Password or a valid Administrator ID and Password, and when such person satisfies the additional security procedures we have in place, we are not able, and have no responsibility, to further verify or determine that such person has been authorized by you to access the Services or initiate transactions.

Notwithstanding the security procedures described in the Business Online Banking Master Agreement, you agree that the requirement of a combination of User ID and User Password or Administrator ID and Administrator Password, and the further security procedures we have in place, constitute commercially reasonable security procedures for limiting access to the Services to those persons authorized by you to have such access, and for permitting us to verify that any access, transaction, payment order or communication originated from and was properly authorized by you.

You understand and agree that these security procedures are not designed to detect errors in the content of any transaction, payment order or communication originated through the use of the Services. You acknowledge and agree that you have had the opportunity to investigate these security procedures and have determined that they are reasonable based upon your consideration of the size, type and frequency of transactions, payment orders and communications you intend to originate through the use of the Services and alternative security procedures available.

We reserve the right to alter our security procedures and/or impose additional security procedures at any time. You acknowledge and agree that your continued use of the Services will be subject to your compliance with such modified and/or additional security procedures and that you will advise us and terminate your use of the Services if you ever become dissatisfied with the security procedures we have in place. The failure to use such measures, or the loss, theft, disclosure or unauthorized or fraudulent use of any Access Information could cause you to incur monetary or other losses or damages. Unless otherwise expressly provided in the Business Online Banking Master Agreement, you assume all risks for such potential losses or damages, directly related to the failures to use the security measures.

Restrictions on Use. You agree not to use the Services in or for any illegal, fraudulent, unauthorized, inappropriate or improper manner or purpose, and only to use the Services in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations.

Mobile Banking Information Availability. Information available via Mobile Banking, including balance, transfer and payment information may differ from the information that is available directly through the Online Banking site. Information available directly through Online Banking may not be available via Mobile Banking, may be described using different terminology (including capitalized terms used in the Agreement or on our Online Banking site), or may be more current than the information available via Mobile Banking, including but not limited to account balance information. The method of entering instructions via Mobile Banking may also differ from the method of entering instructions directly through the Online Banking Service. Processing of payment and transfer instructions may take longer through Mobile Banking. We are not responsible for such differences including but not limited to delays.

Processing Cut-Off Times, Limits and Hardware and Software Requirements can be found on the Technical Information Sheet.