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This is the agreement for your Highlands Independent Bank Online Banking account and it includes certain disclosures for electronic funds transfers. This agreement is in addition to other agreements between us that have been provided separately. If there is a conflict between the terms and
conditions of this agreement and one contained in the other agreements between us, this agreement will govern.
In
this agreement, the words "we", "us", "our", and "bank" mean Highlands Independent Bank. "Service Provider" refers to any third party acting on behalf of the bank to provide Online Banking and Bill Pay services. When we use
the words, "you" or "your" we mean each person who has an interest in an account or other relationship, which is accessible through Consumer Access, and any person authorized such access. "Consumer Access" refers to
the information, communication, and transactions provided to you by us through our
Highlands Independent Bank Website, www.highlandsindependentbank.com (Site), including, but not
limited to, account information, funds transfer and bill payments, or any products or online services offered by or through the bank.
When you use Online Banking or you permit any other person to use Online
Banking, you agree to the terms and conditions we have set out in this agreement and any instructional material, which we provide you regarding Consumer Access. Your use of Consumer Access may be made by use of
certain numbers, codes, marks, signs, public keys, or other means of
establishing your identity and acceptance of the electronic communications, which are acceptable to us. All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that those communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering.
1. Equipment and Software
A personal computer, modem (collectively, Equipment), Web Browser software, and an Internet access account (collectively, Software) are required to access Consumer Access.
The requirement for the browser is that it has the capability of 128-bit encryption (SSL) and has JavaScript enabled. We support the later versions of Internet Explorer and Netscape browsers as well as older versions that still enjoy a significant market share of at least 4% or greater. We will recommend browser upgrades to customers
requesting support who are using older versions no longer prevalent in the
market.
2. Account Access
Eligible accounts include the following Highlands Independent Bank
personal or non-personal account types: checking, savings, loan products, and time deposits.
Accessibility of eligible accounts may vary based on the service(s) you
use.
To have access to Consumer Access, you must have at least one eligible account
with us. If you have more than one personal or non-personal account
under the same primary Social Security Number or Tax ID Number, they can be
added to your Consumer Access access if you request it. Accounts grouped
in this way must have the same signers. Any signer, acting alone, must be
authorized to access any of the grouped accounts. Any accounts not included in the group will not be accessible through Consumer Access. A personal or non-personal account that requires two or more signatures to make withdrawals, transfers or transactions may not be designated as an Eligible account. If you close your primary personal or non-personal checking account, your Consumer Access access for that account will end and any unprocessed Bill Pay transactions will be cancelled.
3. Passwords
We offer you the ability to enroll automatically. You will choose your own user id and password. If you application is approved, you can begin on-line banking immediately. If
your application is not validated, we will have to do some further processing. If this occurs you should hear from us within two (2) business days via your email address.
4. Available Services
Depending upon the type of accounts grouped for Consumer Access, you may
be allowed access to the following Online Banking features after entering
your password:
a. Online Banking
(I) Account Information: You will be required to provide a user ID and password.
You may obtain an account summary, interim statements and
other certain information about your Eligible account(s) at the
Online Banking site.
(II) Funds Transfers
Internal Funds Transfer: You may use your computer to transfer funds to and from any of your eligible account(s). Transfers made after 6:00 PM Eastern Time on a business day will be processed on the next business day.
External Funds Transfer (IntraBank): You may use your computer to transfer monies to and from our bank to and from another institution. Transfer may take up to two (2) business days to process. You must complete an Intrabank Transfer agreement and provide us a cancelled check or deposit ticket to be eligible for this service. Click the following link to obtain the authorization form.(CLICK HERE)
(III) Bill Pay: You may use Bill Pay to make current and future payments from an eligible account.
(IV) Stop Payments: Stop Payment
requests through Consumer Access will not become effective until confirmation is received and verified by Bank. The bank must be provided with the exact dollar amount of your check, payee and check number. The bank must be notified if a duplicate check is issued. When a Stop Payment request is processed through Consumer Access the company and/or accountholder agrees to hold the Bank harmless from any legal liability or cost, which may be incurred by our refusing payment thereof. Company further agrees not to attempt to hold the bank liable should the item be paid through inadvertence, oversight, accident, mistake or error. It is further understood that the bank is under no legal duty to honor this stop payment request until the day following its receipt by the bank. Stop Payments are only in effect for six months from the date of the stop payment request. The item must be described in certainty and all information must be correctly entered on the Consumer Access Stop Payment Request screen.
b. Bill Pay Set-up: Online Banking customers can set up Bill Pay services through Consumer Access. A request to schedule Bill Pay transactions for a new payee must be received at least 10 business days in advance of the payment date. Using Bill Pay service, you may only pay established payees with United States Postal Service addresses. While payments to most payees can be made using the Bill Pay service; we reserve the right to refuse to make payments to certain payees, such as for alimony, child
support and other court or government directed payments, fines, or penalties. No tax payments to the Internal Revenue Service (IRS) will be permitted.
Bill payments processed Monday through Friday (excluding bank holidays) up to 7:00 P.M. EST will be processed on the same business day. Payments processed after 7:00 P.M. EST or during a non-banking day will be processed on the next business day.
c. Authorization of Payment: When you have entered and transmitted a payment instruction, you authorize us, or our agent, to reduce the balance of your Eligible account accordingly. If there are insufficient funds in your Eligible account to make payments you have authorized, we may either refuse to pay the item or we may make the payment and thereby overdraw your eligible account. In either
event you are responsible for any non-sufficient funds (NSF) or overdraft charges the Bank may impose.
d. Balance Information You may experience inconsistent or delayed balance information as a result of transaction posting times.
5. Inactivity
If you do not log on to Consumer
Access for 60 days, you will be assessed a monthly inactivity fee. Please see the current fee schedule for pricing, following this document.
6. E-Mail
You can use e-mail to contact us about inquiries, maintenance and/or problem resolution issues. E-mail is not a secure method of communication over the Internet and we recommend you do not send confidential information by e-mail. Use our Secure Email for account sensitive information.
7.Online Banking Fee
Once you are an enrolled user of Online Banking, you may be charged the applicable monthly maintenance fee whether or not you use Consumer Access for non-personal accounts. You authorize us to automatically deduct all applicable charges and fees from your Eligible account. See Fee Schedule following this document.
8. Bill Pay Fee
Once you are an enrolled user of Bill Pay, you may be charged the
applicable Monthly Fee and/or Usage Fee whether or not you use Bill Pay. You authorize us to automatically deduct all applicable charges and fees from your Eligible account.
9. Reporting Unauthorized Transactions
If you believe that an unauthorized transaction has been or may have been deducted from one of your eligible accounts without your permission, call the Bookkeeping Department at: (863) 385-8700 or write to: P.O. Box 2027, Sebring, FL 33871-2027, or fax us at: (863) 385-1071.
10. Periodic Statement
You will be mailed periodic statements for your Eligible account(s) with the regularity provided in the depositor
agreements. In addition to reflecting your other account activity, your statements will include any transfers or
Bill Pay transactions you authorize using Consumer Access.
11. Business Days
Our business days are Monday through Friday except for federal bank holidays.
12. Hours of Operation
A bank employee will be available to assist you with any Consumer Access or Bill Pay issues Monday through Friday between the hours of 9:00 AM and 5:00 PM Eastern Time. The toll free support number provided with the Internet
service is available to you 24 hours a day � 7 days a week Although Bill Pay transactions can be
processed only on business days, you can access Consumer Access and Bill Pay Online 24
hours a day, except during scheduled maintenance periods. Bill Pay Online provides for toll-free support at 1-877-386-3339.
13. Your Responsibility
You are responsible for all transfers and Bill Pay transactions you authorize using Consumer Access or Bill Pay Online. If you permit other persons to use your Consumer Access account or your user ID/password, you are responsible for any transactions they authorize from your eligible accounts. If you believe your user ID/password has been lost or stolen, telephoning is the best way to keep your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days, you can lose no more than $50 if someone used your user ID/password without permission.
If you do not tell us within 2 business days after you learn of the loss or theft of your user ID/password, and we can prove that we could have stopped someone from using your user ID/password without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If
a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
14. Our Responsibility
We, or our Service Provider, are responsible for completing fund transfers and Bill Pay transactions from your eligible account(s) on time according to your properly entered and transmitted instructions. However, neither the Service Provider nor we will be liable:
If you do not have adequate money in a deposit account to complete a transaction from the account, or if that account has been closed;
If you have not properly followed Consumer Access or Bill Pay Online instructions on how to process a transfer or bill payment;
If you have not given complete, correct and current instructions so that a transfer or Bill Pay transaction can be processed;
If you do not authorize Bill Pay transactions soon enough for your payment to be processed and properly credited by the payee by the time it is due;
If a timely Bill Pay transaction is processed but the payee nevertheless does not credit your payment promptly after receipt;
If the withdrawals from any Eligible accounts have been prohibited by a court order such as a garnishment or other legal process;
If we or our Service Provider has reason to believe that a transaction may be unauthorized and based thereon the transaction is not completed;
If Equipment and Software were not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or Bill Pay transaction.
If circumstances beyond our, or our Service Provider's control prevent the processing of a transfer or Bill Pay transaction, despite reasonable precautions that we have taken. Such circumstances include but are not limited to computer failure, telecommunications outages, postal
strikes, and other labor unrest, delays caused by payees, fires, floods, and other natural disasters.
15.Disclosure of Account Information to Others
As described below, we may disclose information to third parties about your account if:
We have entered into an agreement to have another party
provide the Bill Pay service or receive your account information.
We will provide the third party with information about your grouped deposit
accounts and your online transactions in order to carry out your
instructions; It is necessary for completing transfers
and Bill Pay transactions;
It is necessary to verify the existence and condition
of a payment account for a payee or holder of a check issued by use
of Bill Pay;
In order to comply with laws, government agency rules
or orders, court orders, subpoenas, or other legal process or in
order to give information to any government agency or official having
legal authority to request such
information;
If you give us your written permission.
16.Credit Information
You acknowledge and agree that we, or a third party acting as our agent, may obtain and use information from credit bureaus and consumer
reporting agencies in connection with any account(s) or product(s) offered by us
to investigate or reinvestigate any information provided by you. We may
also verify your employment, salary, debts and references.
17.Important Note for Non-Personal
Account Holders
The loss, theft or unauthorized use of your user ID/password could cause you to lose all the money in your account, plus any amount available under your credit line. Your use of the Consumer Access under an eligible account is your agreement to assume all risks and losses associated with the disclosure of your user ID/password to your employees and other persons. You agree to limit disclosure of your user ID/password to those
employees and other persons you authorize to use Consumer Access.
18.Liability for Loss or Erroneous Data
Each party will bear the liability or the risk of any error or loss of
data, information, transactions or other losses, which may be due to the
failure of their respective computer system or third
party communications provider on which each party may rely. We shall have no liability to you for any
damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system.
19.Changes/Interruptions in Online Banking/Bill Pay
System maintenance may be performed on a regular basis that could result in interrupted service errors. We also may need to change the scope of our Consumer Access from time to time. We will attempt to provide prior
notice of such interruptions and changes, but cannot guarantee that such notice
will be provided
20.Harm to Computer Systems/Data
You agree that our liability for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer system by downloading
information, software, or other materials from our site shall be limited to replacing, or the reasonable cost of replacing the lost information, software or other material. We will not be responsible or liable for any indirect,
incidental or consequential damages which may result from such harmful components.
21.Security
In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes, marks, signs or other means of identification. We reserve the right to block access to Consumer Access
to maintain or restore security to our Site and systems, if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s). As a further security measure, the system will require you to change your password every 90 days.
22.Severability
If
any provision of this Agreement is void or unenforceable in any jurisdiction, such effectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other
provision in that or other jurisdiction.
23.Area of Service
Consumer Access and Bill Pay Online described in this Agreement are offered solely to citizens and Residents of the United States of America (USA)
and may not be accessed while outside of the USA.
24.Governing Law
This Agreement shall be governed by and interpreted under Florida and federal laws.
25.No Signature Required
When any payment or other online service generates items to be charged to your account, you agree that we may debit your designated Eligible account or the account on which the item is drawn without requiring your signature on
the item, and without prior notice to you.
26.Amendment of this Agreement
We
may amend this agreement (including changes in its fees and charges hereunder) by giving notice to you at least 30 days before the effective date of the amendment, unless such change or amendment is otherwise required by
law or applicable regulation. Your continued use of Consumer Access is your agreement to the amendment(s).
27.Waiver
We may waive any term or
provision of this agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the
term or provision in the future.
28.Termination
Either you or we may terminate this agreement and any service provided hereunder at any time upon giving at least ten (10) business days prior written
notice of termination to the other party. If you terminate the Bill Pay service, you authorize us to continue making fund transfers, bill payments or other transactions you have previously authorized until we have a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further transfers, payments or other transactions from your eligible account(s), including any funds
transfers or bill payments you have previously authorized. We reserve the right to terminate or discontinue support of any software or equipment
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