Personal Online Banking Agreement
‘Bank’, ‘we’, ‘us’, and ‘our’ mean CommunityOne Bank. ‘You’ and ‘your’ mean each depositor who contracts for the Online Banking service with us, or who uses or is authorized to use an Online Banking Identification Number and Online Banking Personal Identification Number (PIN), or other means of access which we establish or approve. The term ‘Online Banking’ refers to our service that allows you to obtain account information, review transaction activity, transfer funds, and perform other transactions over the Internet, including the optional Bill-Pay service, by use of a personal computer with a modem and appropriate browser software and/or other means which we now authorize or may allow from time to time.
This agreement states the terms and conditions that apply when you use our Online Banking service. These terms and conditions are in addition to those terms and conditions that apply to any accounts you have with us or any other services you obtain from us, including those set forth in any deposit agreement. You are also required to follow all of our instructions and procedures, including the material in our User Guides and Frequently Asked Questions (FAQs), that are applicable to the services covered by this agreement and that are incorporated herein by reference as a part of this agreement. This agreement shall be governed by and interpreted under North Carolina and applicable federal law. We reserve the right to amend or terminate the Online Banking service at any time. You further agree that all disclosures required to be given by the Bank under Federal Reserve Regulation E in writing for the Online Banking service may be provided by the Bank electronically through this agreement and the related disclosures.
You understand and agree that the security for the Online Banking service is controlled by the Online Banking Identification Number assigned by us, together with the Online Banking Personal Identification Number (‘PIN’) chosen, entered and maintained by you. You will be required to enter your PIN the first time you use the Online Banking service. You can then change your PIN at any time through the Account Management section of the Online Banking service. You are responsible for all transactions that you or any authorized user makes. If you have given someone your Online Banking Identification Number and PIN and want to terminate that person's authority, you must change your identification number and PIN or take additional steps to prevent further access by such person. You agree to use your best efforts to safeguard and protect the Online Banking Identification Number and PIN from unauthorized use.
Any information downloaded by you to your financial or other software becomes your property and responsibility.
You may use the Online Banking service to access your deposit accounts at the Bank which you own and from which you have an unrestricted right to withdraw funds. We reserve the right to limit the types of accounts that may be accessed and the types of transactions you may perform. You agree that if any account being accessed through the Online Banking service is jointly owned, then you will be bound by all transactions in the account authorized by any joint account owner.
You also understand that there is a maximum dollar limit on any payment or transfer that is equal to the available balance in your deposit account(s) plus the available credit balance in any overdraft line of credit attached to the deposit account(s).
Online Banking Fees
There is no fee for the use of CommunityOne's Online Banking Service. You acknowledge that transaction limitations, as described in the Truth in Savings Disclosure you received when you opened your deposit account(s) or subsequently thereafter, apply to transfers or withdrawals from savings or money market accounts. Federal regulations limit transfers or withdrawals to six per statement cycle when initiated by telephone, electronic, or other preauthorized means. You acknowledge that an ‘excess transaction’ fee as disclosed in the above-mentioned Truth in Savings Disclosure, will apply to transactions that exceed the transaction limitation. You also acknowledge that if you exceed the restrictions on more than an occasional basis, we may close the savings or money market account and transfer the funds to a checking account.
If you believe an error has occurred (other than an electronic fund transfer problem), please call 336-626-8301 or 800-873-1172 (toll-free) for assistance. If you have a question about your credit card, such as a transaction not conducted through the Online Banking service, or if you need a copy of your credit card statement, etc., please call 800-558-3424 for personal cards and 866-522-8855 for business cards. You can also look on the back of your monthly credit card statement regarding how to resolve the question or correct the error.
If you have a question involving general information about your deposit account(s), such as balance information, transactions other than those conducted through the Online Banking service, questions about interest earned, or to stop payment on personal checks, or if you believe an error (other than an electronic fund transfer problem) has occurred concerning a deposit account, please call 336-626-8301 or 800-873-1172 (toll-free). You can also refer to your monthly account statement for instructions regarding how to have us resolve your question.
Change in Terms
We will mail or deliver a written notice to you at least 30 days before the effective date of any change in terms or conditions disclosed in this agreement, if the change would result in increased fees or charges, increased liabilities for you, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amounts of transfers, unless prior notice is excused by law. We may send any such notice to you only by electronic mail and you will be deemed to have received it three days after it is sent.
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Bill-PayService Agreement (Optional)
You authorize us to deduct the amount of your payment transactions generated by the Bill-Pay service from your designated primary checking account. Funds must be available in the primary checking account on the scheduled payment date. After funds are withdrawn from your primary checking account to make a payment, the Bank may make the payment either by transferring funds electronically to the payee, or by mailing the payee a check drawn by the Bank on its payment account. If at any time you decide to discontinue this service, you must provide written notification to us. If you do not schedule or process a payment with your Bill-Pay service within a three (3) month period, we reserve the right to discontinue your Bill-Pay service. If we decide to discontinue or amend this Bill-Pay service, including any fees, we will notify you.
You may choose to schedule payments to recur in the same amount at regular intervals (‘fixed payments’). If a fixed payment is chosen, the bill will be paid automatically each payment period. Fixed payments scheduled for the 28th or 29th of February, or the 31st of any month having only 30 days, will be made on the last business day of the month, regardless of the number of days in the month. Fixed payments are preauthorized transfers that you will direct the Bank to make by signing onto the Bill-Pay service using your Bill-Pay PIN, then completing all information required by the Bill-Pay screens for each payee. Upon your request, the Bank will send you a paper copy of your authorization. If your payment is not a fixed payment, it will be a ‘single payment’ and will not be made until you enter the payee and amount thereof.
You understand that payments may take up to 10 business days to reach the payee. You acknowledge that we will only be responsible for exercising ordinary care in processing and sending payments you authorize in accordance with this agreement. We are not liable for any service fees, late charges, or other damages incurred by you if you do not provide timely, complete and accurate information, if you do not properly follow our instructions, if you do not have sufficient funds in your account, or resulting from delays in mail delivery, changes in payee addresses that we have not been advised of, failure of the payee to correctly credit the payment, or any other cause beyond the Bank’s control. You also understand that you are responsible for any loss or penalty incurred due to insufficient funds or other conditions that may prevent the posting of payments from your account.
Optional Bill-Pay Service Fees
There is no monthly fee for this service, however you understand that you are responsible for insufficient funds fees, continuous overdraft fees and stop payment order fees as described in the Common Features section of the Truth in Savings Disclosure you received when you opened your deposit account(s) or subsequently thereafter.
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Electronic Funds Transfer—Rights and Responsibilities
Electronic Funds Transfer that we are capable of handling are indicated below, any of which may not apply to your account. Please read this disclosure carefully as it concerns your rights and obligations for these transactions. You should print this notice and keep it for future reference.
You may make arrangements for certain direct deposits (such as direct payroll deposits, social security and pension payments) to be accepted into your checking, savings or money market accounts(s).
You may make arrangements to pay bills from your checking, savings or money market account(s).
CommunityOne Information Line
You may use the CommunityOne Information Line to transfer money between accounts and to make loan payments (excluding credit card payments), as well as perform various inquiries concerning your accounts.
CommunityOne Online Banking
You may access your personal account(s) by using your Online Banking Identification Number and Personal Identification Number (PIN) to initiate transactions using a personal computer or other Internet capable device, a modem and appropriate Internet browser software. You may use the Online Banking service to:
- Check account balances (including checking, savings, CDs and IRAs, loans and lines of credit)
- Transfer funds between your deposit accounts
- Make loan payments (other than your credit card)
- View account history
- Print an account statement
- Download transactions into your financial management software
- Pay bills (with optional Bill Payment service)
Our Online Banking service is generally available 24 hours a day, 7 days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday, excluding holidays. If your Online Banking funds transfer is completed before 7:00 p.m., it is credited the same business day. If the transfer occurs after 7:00 p.m., the deposit will be credited to your account on the next business day. Transfers made on weekends or holidays will be credited the next business day.
We may assess service charges or fees for certain Electronic Fund Transfer services, which may be found in the Truth in Savings Disclosure you received at the time you opened your deposit account(s), or subsequently thereafter. Fees for Online Banking services (including the optional Bill-Pay feature) are listed in the Online Banking Application and Agreement. Current charges for other Electronic Fund Transfer services are found in the Truth in Savings Disclosure you received at the time you opened your deposit account(s), or subsequently thereafter.
There is no limitation on the number of inquiries you may make through the Online Banking service. In addition to those limitations on transfers described in this agreement, the following limitations apply:
Transfers from a savings or money market account to another account or to third parties by pre-authorized, automatic, or telephone transfer (except to pay loans at the Bank) are limited to six per month. There is a maximum dollar limit on any payment or transfer equal to the available balance in your account(s), plus the available credit balance in any overdraft line of credit attached to the account(s).
Electronic Funds Transfer—Documentation
If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 336-626-8301 or 800-873-1172 (toll-free) to find out whether or not the deposit has been made.
Online Banking transfers will appear on the monthly account statement for your checking or money market accounts. Online Banking transfers will appear on the monthly account statement from us for your savings account, unless there are no transfers in a particular month. In any case, you will get a savings account statement at least quarterly.
Electronic Funds Transfer—Preauthorized Payments
Stop Payment Procedures
If you have told us in advance to make regular payments out of your account, you can stop these payments simply by calling or writing us at the telephone number or address found below. We must receive your request at least three (3) business days before the payment is scheduled to be made, including the exact amount of the payment. Should you call, we may also require that you send us your request in writing within 14 days of the call. The charge for such stop payment orders is set forth in the Bank’s Personal Schedule of Fees, as amended from time to time.
Notice of Varying Amounts
If these regular payments can vary in amount, the person you are going to pay will tell you 10 days before each payment when it will be made and how much it will be. You may choose instead to get this notice only when the payment will differ by more than a certain amount from the previous payment, or when the amount will fall outside certain limits that you set.
Liability for Failure to Stop Payment of Preauthorized Transfer
If you request a stop payment at least three (3) business days before a transfer is scheduled, and we do not do so, we will be liable for any damages proximately caused by our failure to honor your request.
Electronic Funds Transfer—Financial Institution’s Liability
Liability for Failure to Make Transfers
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 will be liable for any losses or damages proximately caused. There are, however, some exceptions. We will not be liable, for instance:
- If, through no fault of our own, you do not have enough money in your account to make the transfer, or the account has been closed.
- If the transfer would exceed the credit limit on your overdraft line of credit.
- You have not properly followed the instructions on how to make a transfer that are contained in this agreement or in the User’s Guide.
- Your computer or phone lines, or our computer systems were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you started the transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite our reasonable precautions.
- If we have placed a hold on funds in your account in accordance with your knowledge or reasonable business procedures.
- If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
- If a court order (such as a garnishment or other legal process) prevents us from making a transfer.
- If we have a reasonable basis for believing that unauthorized use of your PIN or designated account has occurred or may be occurring, or if you default under this agreement with us, or if we or you terminate this agreement.
Electronic Funds Transfer—Confidentiality
We will disclose information to third parties about your account or the transfers you make:
- Where it is necessary for verifying or completing payments or transfers, or resolving a problem related to a payment or transfer; or
- In order to verify the existence and condition of your account for a third party, such as credit bureau or merchant; or
- In order to comply with government agency or court orders;
If you give us written permission; or
- As otherwise permitted in our deposit agreement, by law, or as required by government regulations.
Electronic Funds Transfer—Unauthorized Transfers
Tell us AT ONCE if you believe your PIN has become known to an unauthorized person, or if an unauthorized transaction has occurred or may occur involving your accounts. Calling us is the best way to limit your possible losses. If you report that an unauthorized transfer or payment may have occurred, we may require you to sign an affidavit. If you tell us within two (2) business days that your PIN has become known by an unauthorized person, or that an unauthorized transaction has occurred, you can lose no more than $50. If you do NOT notify us within two (2) business days, and we can prove that we could have prevented the unauthorized use or transaction had you done so, you could lose as much as $500.
Also, if your periodic statement shows transfers that you did not make, tell us at once. We may require that you provide your report in the form of an affidavit. If you do NOT notify us within 60 days of receiving the statement, and we can prove that we could have prevented further losses had you done so, you may not get back any money you lost after the 60 days. If a good reason (such as a long trip or hospital stay) kept you from notifying us, we will extend the time periods.
Address and Telephone Number for Notification of Unauthorized Use
If you believe that your PIN has become known by an unauthorized person, or that someone has transferred money or made payments without your permission, contact us at:
Telephone: 336-626-8301 or 800-873-1172 (toll free)
CommunityOne Bank, N.A.
Attn: Security Officer
101 Sunset Avenue
P. O. Box 1328
Asheboro, NC 27204-1328
Electronic Funds Transfer—Error Resolution Notice
In Case of Errors or Questions About Your Electronic Transfers
If you think your statement or receipt is wrong, or if you need more information about a transfer listed on your statement or receipt, call or write to us at the telephone number or address listed above. We must hear from you no later than 60 days from when we send the FIRST statement on which the problem or error appears.
- Provide your name, address, account number, and daytime telephone number.
- If you’re calling about an unauthorized transfer, provide any information you have that may help in preventing a loss or further losses.
- If you’re calling about an error, provide a description and dollar amount of the error or the transfer you are unsure about. Explain as clearly as you can why you believe it is an error or why you need more information.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will tell you the results of our investigation within 10 business days (20 business days if the transfer involved a new account) from the time 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 or a foreign-initiated transfer) to investigate your complaint or question. 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. This will enable you to access the funds in question during our investigation. If we ask you to put your complaint or question in writing and 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 this account is opened.
We will tell you the results within three (3) business days after completing our investigation. If we decide 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.
You agree that the Bank may respond to you by electronic mail with regard to any claim of unauthorized electronic fund transfer related to the Online Banking service. Any such electronic mail sent to you by the Bank shall be considered as if it were received within three days of the date sent by the Bank, regardless of whether or not you sign-on to the service within that time frame.
Non-Visa® Debit PIN-less Transactions
Visa® USA has amended its operating rules to provide additional payment choices to merchants permitting non-Visa PIN-less debit transactions outside the online bill payment space.
The following networks support PIN-less payment options as part of their standard transaction support:
CommunityOne is a participant in networks which allow these transactions and as such has enabled non-Visa debit transaction processing. These transactions are not required to be authenticated by a PIN and are not processed using the Visa network. Therefore, these transactions are not covered under Visa’s Zero Liability Program.
Examples of PIN-less transactions that are supported by the PIN Debit Networks are:
- Bill Payments
- Recurring Bill Payments
- Account Authentication Debits
- Account Funding Transactions
- Account-to-Account Transfers
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