Personal Banking and Bill Payment Service
This Agreement describes your rights and obligations as a user of NetTeller, First Brandon Bank’s Internet Banking Service and the optional Internet Banking Bill Payment Service. It also describes the rights and obligations of First Brandon Bank (“Bank”). Please read this Agreement carefully. By requesting and using one of these Services you agree to comply with the terms and conditions of the Agreement.
If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (expressed or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and Bank’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation, or expiration of this Agreement shall survive termination, cancellation, or expiration of this Agreement. This Agreement, in conjunction with the Enrollment Form (Application), Fee Schedule, Electronic Funds Transfer Disclosure, Customer Agreement for Depository Accounts, and any other supplemental Disclosures First Brandon Bank provides you from time to time, is a contract between you and the Bank and constitutes the entire agreement between you and the Bank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
First Brandon Bank’s Online Bill Payment Service is only accessible through the NetTeller system. You may use First Brandon Bank’s Online Bill Payment Service to direct First Brandon Bank to make payments from your designated account to the Payees you choose in accordance with this Agreement.
Definitions: The following definitions apply in this Agreement. "NetTeller®" is the Internet-based Service providing access to your Bank account(s), “Password” is the customer-generated code selected by you that establishes your connection to the Service. "Time of day" references are to Eastern Standard Time or Eastern Daylight Time, as applicable. “You” or “your” means each person who is authorized to use the service. “Payee” means anyone, including First Brandon Bank, you designate and the Bank accepts as payee. "We", "Us", “Financial Institution” or "Bank" refer to First Brandon Bank which offers the Services and which holds the accounts accessed by the Services. "Primary Checking Account" refers to the account at First Brandon Bank, from which all bill payments will be processed. “PC” is your Personal Computer.
1. Access to Services The Bank will provide instructions on how to use NetTeller and/or the Bill Payment Service. You will gain access to your accounts through the use of your Internet Service Provider, your User ID, and your Password. During your Internet Banking online session, you will be automatically disconnected following ten (10) minutes of inactivity. You may then sign on again, if you desire.
IMPORTANT NOTE: When leaving an Internet Banking session, it is highly recommended that you sign off completely before going to another web site. The system will not automatically log you out of your Internet Banking session until the ten minutes of inactivity expires. Therefore, someone using the same computer, within the ten minutes of your inactivity, would be able to “Back” into your session. However, this will be impossible, if you sign off when you are done with your session.
2. Password Security
You agree not to allow anyone to gain access to NetTeller or to let anyone know your password used with the Services. In order to protect yourself against fraud, you need to adhere to the following guidelines.
a. Do not give out your account information, password, or User ID.
b. Do not leave your PC unattended while you are in the Bank’s Internet banking site.
c. Your password should not be associated with any commonly known personal identification such as social security numbers, address, date of birth, and should be memorized rather than written down.
d. Never leave your account information within range of others.
e. Do not send privileged account information (account number, password, etc.) in any public or general e-mail system.
For your security, you are required to change your password upon your initial login to NetTeller Internet Banking. You determine the password you will use. The identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password. We may suspend or cancel your password even without receiving such notice from you if we suspect your password is being used in an unauthorized or fraudulent manner.
FOR SECURITY REASONS, YOU WILL BE REQUIRED TO CHANGE YOUR PASSWORD EVERY ONE HUNDRED EIGHTY (180) DAYS.
A few words of warning about your password: Certain Internet browsers will prompt you to “save password”. If you elect to save your password, it will be stored in your computer. This will allow anyone who obtains access to your computer to use your browser to sign on to Internet Banking in your name under your password, thereby accessing your account without your knowledge or permission. The Bank would not know that the instructions were not from you, and would follow them just as if they in fact came from you. The Bank STRONGLY URGES you not to save your password in your browser’s “memory”, even though it might save you time. The risk is not worth the savings in time.
Your access to NetTeller Internet banking will be locked in the event your log on User ID or password is entered incorrectly on three (3) access attempts. If this occurs, you can re-establish your authorization to use NetTeller through the “Password Self Reset” option or by contacting our Customer Service Center 800-310-6356. To enable the “Password Self Reset” option you must first establish a Personal Question and Answer through the “Account Management Options” function. You must also supply us with a valid email address.
3. User ID:
The Bank will provide a User ID. You may change the User ID to something that would be easier to remember, at any time and as many times as you like. This change is completed through the “Account Management Options” function. Please Note: The same precautions that apply to your password would apply to your User ID.
4. Intra-Banking Transactions through NetTeller Internet Banking
a. Account Access: You may access your First Brandon Bank personal accounts online through NetTeller.
b. Type of accounts that may be accessed: You may access the following types of accounts at First Brandon Bank: checking, statement savings, money market, certificates of deposit, or loan accounts. When you access your account, you may obtain an account balance and summary information, available funds information, clearing transactions, and ATM and debit card transactions for the current statement period beginning with the day your account becomes active online. Once you begin using NetTeller, the Bank will build your account history online for up to six (6) months.
In addition to viewing account information you may use NetTeller Banking to conduct a transfer of funds. You may make one-time transfers and schedule future or recurring transfers such as transfers to make loan payments. You may transfer funds among your First Brandon Bank checking, statement savings, and money market accounts. [Please note: If there are not sufficient funds in the account, we cannot complete a transfer. However, future recurring transfers will not be impacted.] NOTE: Because regulations require the Bank to limit preauthorized transfers and/or withdrawals (including NetTeller Internet Banking transfers) from statement savings and money market accounts, the following limitations apply: You can make no more than six transfers and/or withdrawals per statement period by preauthorized or automatic transfer or by telephone or NetTeller Internet Banking and no more than three of these may be by check, draft or debit card.
c. Posting of transfers scheduled on NetTeller: Transfers initiated through NetTeller before 10:45 p.m. (EST) on a business day are posted to your account the same day. Transfers completed after 10:45 p.m. (EST) on a business day, Saturday, Sunday, or banking holiday will be posted on the next business day.
d. Canceling One-Time or Recurring Intra-Bank Payments Scheduled on NetTeller: You may cancel or change a one-time or recurring payment or transfer to your First Brandon Bank checking, savings, money market or loan account that has been scheduled through NetTeller Internet Banking Service. The payment or transfer must be changed or canceled using NetTeller Service prior to 10:45 p.m. on the business day the transaction is scheduled to be initiated. If you cancel a recurring payment, it cancels the entire series of payments from the schedule.
e. New services may be introduced for NetTeller Internet Banking from time to time. The 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 new services.
5. Online Bill Payment Service (if applicable)
Upon approval, the optional Bill Payment Service is available through First Brandon Bank’s NetTeller Internet Banking Service. The Bill Payment Service permits you to use an Internet-enabled device such as your computer, to direct payments from your designated Bill Payment Account to third parties you wish to pay. Your Bill Payment account must be a primary checking account. Accounts that require two or more signatures to withdraw or transfer funds may not be used as a Bill Payment Account. Through the Bill Payment Service, you can pay bills from your Bill Payment Account to businesses or individuals (“payees”).
All payments you make will be deducted from the checking account that you designate as your Bill Payment Account for Bill Payment Service. You may pay almost any payee you wish. You can use this system to send payments to your son/daughter in college, pay your local dentist, credit cards, charitable donations, etc. There are several restrictions: 1) The payment must be payable in U.S. dollars to a payee located in the continental United States; 2) Payments may not be remitted to tax authorities or government and collection agencies; 3) Payments may not be remitted to make payments to settle securities purchases; and 4) Court directed payments are unauthorized (Alimony, child support, or other legal debts). Payments for these payees will be your sole responsibility if delayed or improperly processed or credited by the payee. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. If we do so, the Bank will notify you promptly. A “payee” is defined as anybody (company or individual) to whom you want to send money, subject to the restrictions listed above.
You agree to have available and collected funds on deposit in your Bill Payment Account in amounts sufficient to pay for all bill payments requested as well as any other payment obligations you have to First Brandon Bank. First Brandon Bank reserves the right, without liability, to reject or reverse a bill payment if you fail to comply with this requirement or any other terms of this agreement. If your Bill Payment Account does not have sufficient funds to make a payment as of the date the payment is debited from your account and the Bank has not exercised its right to reverse or reject a bill payment, you agree to pay for such payment obligations on demand. You further agree that the Bank, at its option, may charge any of your accounts with First Brandon Bank to cover such payment obligations. The Bank shall have no obligation or liability if it does not complete a payment because there are insufficient funds in your account to process a payment. In all cases, you are responsible for Service making alternate arrangements for the payment or rescheduling the payment through the NetTeller Internet Banking Service. In the case of recurring payments, only the payment currently scheduled will be impacted. Recurring payments scheduled for future dates will not be affected.
The Bank reserves the right to terminate or deny Bill Payment Service.
If the date you schedule a payment to be initiated falls on a non-business day (Saturday, Sunday, or holiday), funds must be available in your Bill Payment Account the following business day (e.g. Monday).
We will process your bill payment either by Electronic Funds Transfer (EFT) or by mailing your payee a check.
How to Set Up Payees/Payments through NetTeller Bill Pay:
You may choose to schedule payments to recur in the same amount at regular weekly, monthly, or semi-monthly intervals. IF YOU WANT TO ADD A NEW PAYEE, SELECT “BILL PAYMENT”, “PAYEES”, “ADD PAYEE” ON NETTELLER. You may add a new fixed payment to a Payee only if the Payee is on your authorized list of payees, by accessing the Bill Pay Service and entering the appropriate information. You should schedule a payment to a new payee at least ten business days before the payment due date to allow us time to set up the payee and verify certain information. For all subsequent payments, you agree to allow at least three to five business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period) if the payment is an Automatic Clearing House (ACH) electronic payment. However, if the company or person that you are paying cannot accept an electronic payment, the Bill Payment Service will send a check that may take eight (8) to ten (10) business days to reach the payee. If you do not follow these time frames, you will be fully responsible for all late fees, finance charges or other actions taken by the payee.
If you schedule your payment and follow all instructions, but the payee does not receive the payment in a timely manner, the Bill Payment Service will work with the payee on your behalf to attempt to have any late fees or charges reversed.
The Bank is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will not be liable in any way for damages you incur in the following instances:
a. If you do not have sufficient funds in your account to make the payment on the processing date.
b. For delays in mail delivery.
c. For changes to the payee’s address or account number unless you have given us sufficient notice.
d. For failure of any payee to correctly account for or to credit the payment in a timely manner, or for any other circumstances beyond the control of the Bank.
If the session during which you schedule a payment or transfer through the Bill Payment Service ends by 1:00 p.m. on a business day, the Bank will be considered to have received it on that day. Otherwise, it will be considered received on the following business day. For all entries made by using the Service, the time recorded by the NetTeller Banking Service will be considered the official time of the transaction.
The Bank is not responsible if a Bill Payment can not be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee or if you attempt to pay a Payee that is not on your Authorized Payee list.
6. The Bill Paying Process
Single Payments
A single payment will be processed on the business day (generally Monday through Friday, except holidays) that you designate as the payment’s process date, provided the payment is submitted prior to the Bill Pay daily 1:00 p.m. cut-off time on that date. A single payment submitted after the cut-off time on the designated process date will be processed on the following business day at the next Bill Pay cut-off time of 3:00 a.m. If you designate a non business date (generally weekends and holidays) as the payment’s process date, the payment will be processed on the first business day following the designated processing date.
Recurring Payments
When a recurring payment is processed, it is automatically rescheduled by the
system. Based upon your selected frequency settings for the payment, a process date
is calculated for the next occurrence of the payment. If the recurring payment or
transfer has been scheduled to take place on a date that is not a business day, the
transfer or bill payment will be deducted from your account the previous business day.
Notice of varying amounts – If these recurring payments vary in amount, the payee will send notification of payment amount to you (10) days before each payment is due. (You may get this notice only when payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.)
7. How to Cancel a Bill Payment
Electronic payments created using NetTeller Bill Payment should be terminated through NetTeller Bill Payment. To cancel or change a pending, single or recurring payment that you have scheduled through NetTeller Bill Payment, you must cancel the payment through NetTeller Bill Payment prior to 1:00 p.m. on the business day the transaction is scheduled to be initiated. This is provided that the payment is still in the Scheduled Payments list. If you cancel a recurring payment, it cancels the entire series of payments from the schedule.
Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment since it has been paid electronically.
You may be able to stop an Internet Banking bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. You will have to contact us by telephone to determine whether the paper draft has cleared or not. If the paper draft has not cleared, we will within a reasonable amount of time process your stop-payment request. To be effective, this type of stop-payment request must precisely identify the name of the payee; the payee assigned account number, the amount and scheduled date of the payment. If you make your stop-payment request online or by phone, we will also require you to put your request in the form of a paper writing and get it to us within 14 days after the stop-payment request has been made. If you ask us to cancel a payment after it is issued and we agree to do so, we may charge you a stop-payment fee. Stop-payment orders will be in effect for a period of six months. After six months, any stop-payment will terminate and must be renewed by you in order to continue in effect. The Bank may pay any item that is presented following the lapse of any stop-payment order. For assistance with placing stop payments please call Customer Service Center at 800-310-6356.
For more information on stop payments please refer to the Electronic Funds Transfer Disclosure as in effect from time to time.
8. Placing Stop-payment Requests for Paper Checks Written by You
NetTeller allows you to place a stop-payment order request on checks you have written on your First Brandon Bank accounts. Requests for a stop-payment must be placed prior to the item posting to your account. A stop-payment fee will be charged to your account. Stop-payment orders will be in effect for a period of six months. After six months, any stop-payment will terminate and must be renewed by you in order to continue in effect.
a. You agree to indemnify First Brandon Bank against any loss for the amount of said check and all expenses, costs and consequential damages, if any, incurred by First Brandon Bank because of refusing payment pursuant to your stop-payment order. You agree not to hold First Brandon Bank liable on account of payment contrary to your stop-payment order if same occurs through inadvertence, accident or oversight, or if by reason of such payment other items drawn by the undersigned are returned for insufficient funds. You agree that First Brandon Bank may rely upon any stop-payment placed on any check issued on your accounts designated on the Enrollment Form.
b. You may initiate stop-payment requests on line via NetTeller for paper checks you have written (non electro nically) on your First Brandon Bank accounts (not NetTeller Bill Pay electronic payments or NetTeller Bill Pay paper drafts). To be effective, this type of stop-payment request must precisely identify the account, name of the payee, the check number, the amount, the date of the check, and the reason for stop payment. First Brandon Bank shall have no responsibility to determine the accuracy of such information.
c. If you make your stop-payment request on line, we will also require you to put your request in writing and get it to us within 14 days after making your stop-payment request. You can complete the stop-payment request on line, print the request through the browser and sign the request, then mail the request to the bank. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. Stop–payment charges for NetTeller bill payment paper drafts will be assessed in addition to the stop-payment charges for the applicable account.
d. Stopping the payment of a check is different from the cancellation of a bill payment.
For more information on stop payments please refer to your deposit account
agreements as in effect from time to time.
9. Electronic Mail (e-mail)
If you send the Bank an e-mail message, the Bank will have a reasonable time to act on your e-mail. You should not rely on e-mail if you need to communicate with the Bank immediately. For example, 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, contact the Bank by telephone or in person. E-mail transmissions created outside the NetTeller Internet Banking site are not secure. Thus, we highly recommend that you do not send us, nor ask for, sensitive information such as account numbers, password, account information, etc., via any general or public e-mail system.
10. Fee Schedule
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Internet Banking
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Bill Payment
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Otter Rewards Customer
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FREE
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FREE
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Transaction Account with Direct Deposit and Check Safekeeping
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FREE
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FREE
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Transaction Account without Direct Deposit and Check Safekeeping
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FREE
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$7.99 per month
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Additional Bill Payment accounts
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$7.99 per month
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Additional Bill Payment Users
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$1.99 per month
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The Bank offers the benefits and convenience of the NetTeller Internet Banking Service to you with no monthly fee. Other Bank services requested through use of NetTeller that would normally incur a fee, such as a stop payment request, will still result in a fee, as outlined below. We reserve the right to change and/or impose fees upon notice to you.
Stop payment $23.90
Non-Sufficient Funds $23.90
Bill Payment Check copy $10.00
All Bill Payment fees will be deducted from your Bill Payment Account.
11. Adding, Changing and Removing Accounts
You can add or delete any of your First Brandon Bank personal accounts to or from NetTeller, subject to verification and approval by us. If at any time you wish to add, change, or delete any of your accounts linked to First Brandon Bank NetTeller Internet Banking, you must provide us with advance written notice via an electronic message (email type) within your First Brandon Bank NetTeller Internet Banking session, postal mail, or in person. You must notify us at least three (3) business days prior to the date on which you wish to have your account(s) changed, added, or deleted from First Brandon Bank NetTeller Internet Banking. In most cases, requests to change, add, or delete an account(s) from NetTeller will be implemented as of the close of business of the following business day the request is received. Due to extenuating circumstances as determined by the Bank, we reserve the right, at any time, to take up to ten (10) business days to implement any of the aforementioned requested changes. When account(s) are closed, we reserve the right to delete access to those account(s) through NetTeller.
We undertake no obligation to monitor transactions through NetTeller.
12. If your statement shows a transfer that you did not make
If your statement shows transfers that you did not make, notify the Bank immediately by calling our Customer Service Center at 800-310-6356.
Please refer to the Electronic Funds Transfer Disclosure for more information.
13. Hours of Operation
NetTeller is available 24 hours a day, seven days a week, except during special maintenance periods. For purposes of transactions, the Bank’s business days are Monday through Friday, excluding holidays. All Intra –Banking NetTeller Internet banking transaction requests after 10:45 p.m. on business days and all transactions that are requested on Saturdays, Sundays, or holidays on which the Bank is closed, will be processed on the Bank’s next business day. The Bank’s business day begins at 9:00 a.m. (Refer to Bill Paying Process for cut-off times for bill payments).
14. Posting of Information
Information shown on NetTeller Internet Banking is generally current. The account balances may include deposits still subject to verification or other items memo posted to the account by us and may not include deposits or loans in progress, outstanding checks or payments, or other withdrawals, payments credits or charges such as those made at an ATM or by use of a debit card.
15. Your Responsibility:
You are responsible for all transfers that you authorize using our Online Banking services. If you permit other persons to use the Online Banking services or your password, you are responsible for any transactions they authorize from your accounts whether or not you intended that they perform these transactions. Transactions that you initiate, or someone acting with your permission, with fraudulent intent will also be authorized transactions.
You authorize the Bank to act on all transactions received under your User ID and password and to deduct any service charges directly from your account balance. You also agree to be liable for any account shortage resulting from charges or overdrafts. This includes liability for the Bank’s costs to collect the deficit including reasonable attorney’s fees.
Notify us AT ONCE if you believe your Online Banking password and/or User ID has been lost, stolen, compromised, or used without your permission, or if you believe someone has discovered your Online Banking password. The best way to minimize your losses is to telephone the Bank directly.
16. Error Resolution Notice
In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. When you contact us:
a. Tell us your name and account number (if any).
b. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
c. Tell us the dollar amount of the suspected error and date on which it occurred.
If you tell us orally, we may require that you send 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, a point-of-sale transaction, or a foreign-initiated transfer) 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 provisionally credit your account. If you are a new customer, your account is considered a new account for 30 days after the first deposit is made.
We will tell you the results within three business days after completing our investigation. If we determine that no error occurred, we will send you a written explanation and reverse the provisional credit to your account. You may request copies of the documents that were used in the investigation.
| For problem resolution call or write: |
First Brandon Bank
Attention: Customer Service
Park Street, P.O. Box 9
Brandon, VT 05733-0009
(802) 247-5771
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Our Business Days are Monday Through Friday 9:00 a.m. – 5:00 p.m (Eastern Time) – Holidays Not Included
For further information please refer to the Electronic Funds Transfer Disclosure.
17. Equipment Requirements
To use the NetTeller Internet Banking Service, your Internet browser must allow access to secure sites and support 128-bit encryption. The installation, maintenance, and operation of your equipment, including, but not limited to, the Internet access through your Internet access provider is your responsibility. We are not responsible for any errors or failures from any malfunction of your computer or your software, and we are not responsible for any computer virus or related problems that may be associated with the use of NetTeller. WE DISCLAIM ALL WARRANTIES REGARDING YOUR USE OF NETTELLER, YOUR EQUIPMENT AND YOUR SOFTWARE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
18. Other Agreements
In addition to this Agreement, you and the Bank agree to be bound by and comply with the requirements of the Agreements applicable to each of your accounts. Your use of the NetTeller Internet Banking Service and/or the Bill Payment Service is your acknowledgement that you have received these Agreements when you opened your accounts at the 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 in Section 10 of this Agreement. We will deduct any fees related to this Service from your Online Banking and/or Bill Payment Account each month.
19. No Signature Required
When any payment, ACH draft, or other NetTeller Internet Banking Service generates items to be charged to your account, you agree that we may debit your Bill Payment account without requiring your signature on the item and without prior notice to you.
20. Modification of Agreement
The Bank may modify the terms, fees, and conditions applicable to either Service from time to time upon mailing or delivering electronically a notice of the modifications to you at the address shown on our account records. The revised terms, fees, and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via e-mail and you will have been deemed to receive it three business 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.
21. Inactivity, Termination
If you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 180-day period, your account may be converted to an “inactive” status. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.
We can terminate your electronic banking privileges (including the Bill Payment Service) under this Agreement without notice to you if:
a. You do not pay any fee required by this Agreement when due or
b. You do not comply with the Agreement governing your deposit or loan accounts or your accounts are not maintained in good standing.
c. Your online banking service remains “inactive” for 180 days
d. Upon three (3) business days notice, if you do not contact us to designate a new Primary Bill Payment Checking Account immediately after you close an existing Primary Bill Payment Checking Account
e. You violate any term or condition of this Agreement
f. You no longer maintain deposit or loan accounts with First Brandon Bank.
g. Upon reasonable notice, not to exceed 30 days, for any other reason in our sole discretion.
We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.
To cancel NetTeller Internet Banking and/or Bill Payment Service, you must notify the Bank in writing and provide your name, address, whether you are discontinuing NetTeller Internet Banking, Bill Payment, or both, and the effective date to stop the Service. When these Services are terminated, any prescheduled transfers and/or bill payments made through NetTeller Internet banking will also be terminated. Your final charge for the Bill Payment services will be accessed at the end of our statement cycle. You may notify the Bank by one of the following methods:
a. By calling Customer Service at 800-310-6356 (except holidays)
b. By writing a letter and either sending it to the following address: First Brandon Bank,
Attn: Customer Service, P.O. Box 9, Brandon, VT 05733, or giving it to a Personal Banker/Financial Sales & Service Representative at any of the Bank’s branch locations.
22. Our Responsibility
If we do not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result, except for the reasons as described as follows:
a. If through no fault of the Bank, you do not have enough money in your account to make the transfer or payment on the processing date.
b. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken.
c. If your account is blocked in accordance with banking policy or if it is frozen or closed.
d. If a legal order directs us to prohibit withdrawals from the account.
e. If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
f. If you have not properly followed the instructions on how to use NetTeller.
g. If you have not provided us with complete and correct payment information for the Internet Banking, bill payment including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee of a bill payment.
h. If we have a reasonable basis for believing that unauthorized use of your Password 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.
i. If the transfer would exceed the credit limit of your overdraft line.
j. If any electronic terminal, telecommunication device, or any part of the Internet Banking electronic funds transfer system is not working properly and you knew about the problem when you initiated the transfer.
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 failure to complete a transfer, and we will not be liable for any incidental or consequential damages.
If any of the circumstances listed in subparagraph (b) or (g) 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. For additional information, please refer to the Electronic Funds Transfer Disclosure.
23. Disclaimer of Warranty and Limitation of Liability
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the NetTeller Internet Banking service provided to you under this Agreement. We do not and can not warrant that NetTeller Internet Banking will operate without errors, or that any or all services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contactors are not liable for any indirect, incidental, special or consequential damages under or by reason of any service provided under this Agreement or by reason of your use or access to NetTeller Internet Banking.
The above disclaimer of warranty and limitation of liability does not reflect your rights under Regulation E. Please consult your electronic funds transfer disclosure for information regarding your notification requirements and potential liabilities concerning unauthorized transfers through Internet Banking.
Information:
Questions about this Agreement and Disclosure statement should be directed to Customer Service at 800-310-6356.
By using First Brandon Bank’s NetTeller® Internet Banking Service, you assert that you have read and agree to all the terms and conditions set forth in the above NetTeller Internet Banking Agreement and Disclosure.
