Online Banking and eStatement User Agreement
This Bank of Travelers Rest Online Banking User Agreement (“User Agreement”) governs the use of Online Banking, an internet account access service, and eStatements, an internet account service providing electronic statements (collectively referred to as "Online Banking"), which are offered by and through Bank of Travelers Rest ("Bank", “Us, or “We”), to each customer whose request for Online Banking is approved. Each reference in this User Agreement to "you" or "your" means each customer who submits an Online Banking Enrollment form and refers to all such customers jointly and severally. By submitting the Enrollment, you acknowledge that you have read, understood and agree to the terms of this User Agreement. Please read this User Agreement carefully and keep a copy for your records.
USE OF ONLINE BANKING
Online Banking Service. You may use Online Banking to:
(i) View account balances and review account transaction history;
(ii) Transfer funds between your accounts that are checking, savings, money market, or loans;
(iii) Place stop payment request on checks;
(iv) Make payments to your loan accounts with the Bank;
(v) Pay bills to any merchant or individual within the United States, if you subscribe to the Bill Payment Service through a separate enrollment process;
(vi) Download transaction history for your accounts to be used by personal financial management software; and
(vii) Communicate directly with the Bank through Secure Mail or Chat.
Waiver of Requirement for Two Signatures. Principles recognize that any requirement of verifying two signatures on checks, if such a requirement exists, does not apply to electronic or telephone transfers, including online bill payments, and you release Bank from liability when making such transfers or payments. This means that any person who is authorized to act as a signer on your Account shall be authorized by you to individually make electronic or telephonic transfers, including online bill payments from your Account, even though that person's authority to transfer or withdraw funds from your Account by some other means (e.g., by check) must be exercised jointly with one or more other persons.ONLINE BANKING REQUIREMENTS AND AVAILABILITY
Access.To use Online Banking,you must have an Internet accessible device with service through an Internet service provider. Your PC operating system must be Microsoft Windows XP – 32 bit Professional Edition, Windows 7 – 32 bit all Editions, Microsoft Vista – 32 bit Business Edition, or MAC OS. Your browser must have encryption capabilities at a minimum 128-bit level. You are responsible for the cost, set-up, compatibility and maintenance of your computer or mobile device and agree that the Bank is not responsible for cost, such as set-up, compatibility or maintenance. The following browsers are compatible:
Availability of Service. Online Banking will be accessible 24 hours a day, seven days a week. Online Banking may be inaccessible for a reasonable period on a daily basis for system maintenance, whether planned or unplanned. If we know in advance of a substantial interruption in service, we will notify you on our website. However, we may not notify you of unanticipated or short routine interruptions in service. Online Banking may also be unavailable due to internet access interruptions, equipment problems or other disruptions to service. The Bank shall not be liable under this User Agreement for failure to provide access for any reason. Your access to Online Banking shall be determined at the sole discretion of the Bank. Subject to applicable law, the Bank reserves the right to modify, suspend, or terminate access to Online Banking at any time and for any reason without notice or refund of previously incurred fees, if any.
User ID and Password. Each authorized user of Online Banking service has a User ID and a Password. You should keep your User ID and Password confidential and in a secure location. Your Password should be complex in nature and contain a combination of letters (upper and lower case), numbers and special characters and should be a minimum of 8 characters in length. The Bank recommends, and reserves the right to require, that you change your Passwords from time to time for security reasons. The Bank may deny access to Online Banking without prior notice if we are unable to confirm (to our satisfaction) any person’s authority to access Online Banking or if we believe such action is necessary for security reasons. You agree to: (a) comply with all security procedures outlined in this agreement or otherwise provided to you in connection with Online Banking; (b) take reasonable steps to safeguard the confidentiality and security of the Password and any proprietary information we the Bank provides to you in connection with Online Banking; (c) change your Password immediately if someone who has had access to the Password is no longer authorized to use Online Banking on your behalf; (d) notify us immediately if you have any reason to believe the security or confidentiality required by this provision has been or may be breached.
Authorized Use of Service. You are responsible for keeping your User ID, Password, security devices and Account data confidential. You hereby authorize the Bank and our service providers to process any request it receives through Online Banking on the basis of your Password. You agree that the use of your Password will have the same effect as your signature authorizing the transaction or request for information. Any person having access to your User ID and Password will be able to access Online Banking and perform transactions, including reviewing Account information and making transfers to other Accounts and to third parties through Bill Pay. If you authorize other persons, including, without limitation, designated users for Business Accounts, to use any of your Passwords for any purpose or in any manner, your authorization shall be considered unlimited in scope, amount and manner and (to the extent permitted by applicable law) shall extend to such persons' designees, until you have notified us in writing that you have revoked the authorization and changed your Password, and you are responsible for any transactions made by such persons or their designees until you notify the Bank that transfers by that person are no longer authorized and we have a reasonable opportunity to act upon the change of your Password. Requests submitted through Online Banking will be deemed effective as if made by you, and you will be obligated to pay us the amount of such requests, even if they are subsequently determined to be unauthorized except to the extent identified within this Agreement.
Requests of Passwords. Neither Bank of Travelers Rest nor any of its service providers will ever initiate a request asking for your Password and you should never give it to anyone unless you know them and want them to have access to your Accounts.FUNDS TRANSFER AND ACCOUNT INFORMATION
Account Information. The Account balance shown will be current as of the most recent update. The Account balance may reflect deposits still subject to collection or verification by us (and subject to being reversed) and may not reflect deposits or loans in progress, outstanding checks or payments, or other withdrawals, payments, credits, or charges.
Authorization. You may transfer funds between your Accounts that are checking, savings or money market deposit Accounts in any amount. We may refuse to act on your fund transfer instruction or delay the transfer if sufficient funds, including funds available under any overdraft plan, are not available in your Account on the date of the transfer. We may elect, in our sole discretion, to create an overdraft by allowing the transfer. If we allow the transfer, we will charge your deposit Account the Discretionary Overdraft Privilege per item fee for each transfer as stated in the Account Agreements previously provided to you.
Cutoff Hours for Transfer Requests. When you request a fund transfer using Online Banking, you authorize us to follow the transfer instructions and transfer the funds from the designated originating Account to the designated recipient Account on the Processing Date. The "Processing Date" is the date that the fund transfer is actually made and is normally the day you request such transfer. Funds transferred to the designated recipient Account will be deemed deposited on the Processing Date and will be available thereafter in accordance with our funds transfer availability policy. Transfer Requests made after 9:00 pm EST on a Business Day may not be processed until the following Business Day. The Bank’s Business Days are Monday through Friday, excluding federal holidays.
Limits of Transfers from Accounts. Federal regulations limit the number of certain types of transfers from savings and money market Accounts. On money market and savings Accounts, you are limited to six pre-authorized electronic fund transfers and telephone transfers, checks and point-of-sale transactions, per month. Each fund transfer through Online Banking from your savings or money market Account is counted as one of the six transfers you are permitted each month. Your ability to transfer funds from certain Accounts is also subject to the Account Agreements. You should refer to these agreements for legal restrictions and service charges applicable for excessive withdrawals and transfers.
Line of Credit Advance Limitations. To the extent available, you may obtain advances from your line of credit Accounts, except for your credit card Accounts, through Online Banking. Such advances must be transferred into one or more of your Accounts. You may not obtain an advance under your line of credit Accounts and transfer the funds to us in order to make a monthly payment on any of your credit Accounts. All advances on your line of credit Accounts are subject to any minimum draw and other transaction requirements contained in the applicable Account Agreements. You may still use any other method to obtain advances on line of credit Accounts that is permitted in the Account Agreements for those Accounts.
Periodic Statements. All of your fund transfers made through Online Banking will appear on the periodic statement for each Account, as applicable. You agree that we will not furnish you any other notice of fund transfers you initiate.
Our Liability for Failing to Complete Your Transfer. If we do not complete an electronic fund transfer to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(i) If, through no fault of ours, you do not have enough money in your Account to make the electronic fund transfer.
(ii) If our processing system was not working properly and you knew about the breakdown when you started the electronic fund transfer.
(iii) If circumstances beyond our control prevent the electronic fund transfer, despite reasonable precautions we have taken.
(iv) If this Agreement is terminated.
(v) If the authorization for your electronic fund transfer is revoked by law or court order.
(vi) You have not provided us with the correct transfer information.
(vii) Our failure to complete the transaction resulted from something we did to protect the security of your Account.
(viii) We do not receive proper and timely instructions regarding the transaction.
(ix) If there are other exceptions stated in our Agreements with you.
The following terms and conditions apply, as appropriate, to your use of Online Banking.
Bank Fees for Service. You agree to pay fees and charges assessed by the Bank for use of Online Banking as established from time to time according to the Bank's current Personal banking and Business banking brochures. See our current Personal banking and Business banking brochures that are available at any branch. You authorize us to debit your Checking or Savings Account each month to obtain payment of applicable fees. You agree that such fees will be fully earned and non-refundable at the time payment is obtained. If sufficient funds are not available in your Account to pay all such fees, you agree to immediately deposit funds to cover such fees or otherwise reimburse us upon request.
Termination. Your enrollment in Online Banking will remain in effect until terminated by you or us. You may terminate your use of Online Banking service at any time by visiting a branch or using the Contact Information below. We may terminate your use of Online Banking, in whole or in part, at any time without prior notice. We will try to notify you in advance, but we are not obligated to do so. Termination will not affect your liability or obligations under this User Agreement for transactions that have been processed on your behalf. Termination will apply only to Online Banking and does not terminate your other relationships with us.
Disclaimer of Warranties and Limitation of Liability. The Bank makes no warranties of any kind, express or implied, including any implied warranties of fitness for a particular purpose or merchantability or non-infringement of third party rights, in connection with Online Banking. We cannot and therefore do not warrant that Online Banking will operate without errors, or that any or all of Online Banking will be operational and available at all times. You agree that we are not responsible for any error, damage or other loss you may suffer due to the malfunction or misapplication of any software or system you use, including, without limitation, any web browser, any Internet service provider, or any equipment you may use, including, without limitation, telecommunications facilities, computer hardware and modem. You agree, to the extent allowed by law and except as provided elsewhere in this User Agreement, that our officers, directors, employees, agents or contractors shall not be liable for any indirect, incidental, special or consequential damages as a result of use of any services or products provided under this User Agreement or by reason of your use of or accessing Online Banking, including loss of profits, revenue, data or use by you or any third party, whether in any action at law based on contract, tort or warranty. In no event shall the liability of the Bank and its affiliates exceed the amounts paid by you for Online Banking.
Disclosure of Account Information. We will disclose information about your Accounts or the transfers you make:
(i) If we have entered into an agreement with another party to provide any Service. In this case, we will provide that party with information about your Account, your transfers and your communications with Us in order to carry out your instructions;
(ii) If it is necessary for completing transfers or otherwise carrying out your instructions;
(iii) In order to verify the existence and conditions of an Account for a third party, such as a credit bureau, or any holder of a check issued by you or on your behalf;
(iv) 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;
(v) If you otherwise give Us your permission; or
Amendments. You agree to be bound by any amendments or modifications to this User Agreement after notice has been sent to you at your last known address contained in our records, or upon our posting of such notice in the lobby of our branch offices or on our website. Where prior notice of a change in terms is required by applicable law, we will send the notice to you the required number of days in advance of the effective date of the change. If you do not agree to the change or amendment, you must notify us prior to the effective date of the change or amendment and cancel your access to Online Banking. Failure to cancel Online Banking by the effective date or use of Online Banking after the effective date shall conclusively constitute your acceptance of the change.
Secure Messaging.Secure messaging is accessible after you sign in with your Password to a session of Online Banking. To ensure the security of your Account information, we recommend that you use secure messaging when asking specific questions about your Account(s) on Online Banking. You cannot use secure messaging to initiate, modify or cancel your Online Banking online access or other transactions. Since we may not receive or review it immediately, you should not rely on secure messaging if you need to communicate with us right away. If you need to contact us immediately, you should contact us in person at one of our branches or by telephone. We shall have a reasonable opportunity to act upon any secure messaging request, and reserve the right to reject any transaction or request received by secure messaging.
Electronic Communications. You agree that we may send all notices, disclosures, amendments and other communications regarding this User Agreement or Online Banking to you by electronic mail. You further agree that procedures and requirements of Online Banking may be incorporated as part of our website and communicated to you through Online Banking. To the extent permitted by Applicable Law (as defined below), you agree that each such communication will be binding and enforceable to the same extent as if it were delivered to you in writing by mail or in person.
Entire Agreement; No Waiver. This User Agreement is the complete and exclusive agreement between you and Us related to Online Banking and supplements any other agreement or disclosure related to your Accounts, and there are no other understandings or agreements relative hereto which are not fully expressed herein. In the event of a conflict between this User Agreement and any other agreement or disclosure related to your Accounts, or any statement by our employees or agents, or any service provider, this User Agreement shall control with respect to Online Banking . No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. No waiver shall be valid unless in writing signed by us. If a provision of this Agreement is invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision of this Agreement that can be given effect. The provisions of this Agreement are severable.
Assignment. You may not assign this User Agreement to any other party. We may assign this User Agreement or delegate any or all of our rights and responsibilities under this User Agreement to any third parties.
Governing Law; Compliance. This User Agreement shall be governed by and construed in accordance with the laws of the United States, and to the extent not inconsistent therewith, the laws of the state of South Carolina, without regard to that state's rules regarding conflict of laws (collectively, "Applicable Law"). You agree that you will use Online Banking only in accordance with applicable law.
Ownership of Website. The content, including, without limitation, all information, text, graphics, and design, of our website is the property of and copyrighted by Bank of Travelers Rest, and any unauthorized use, reproduction, linking or distribution of any part of the website is strictly prohibited.
USE OF ESTATEMENT SERVICE
Account and System Requirements. In order to subscribe to Bank of Travelers Rest’s Online Banking with electronic statements (“eStatements”), you must have previously enrolled as an Online Banking user and separately enroll for eStatement service. You must have a Bank of Travelers Rest checking, savings or money market Account to receive eStatements. By enrolling in eStatements you agree to the following terms and conditions. In addition to the browser and system requirements noted above for Online Banking, you must have Adobe Reader version 7.0 or higher in order to receive eStatements.
Scope of Communications to be provided in Electronic Form. When you enroll in the Bank’s eStatement service, you agree that we may provide you with any communications relating to your Account in electronic format, that we may discontinue sending paper communications to you; unless or until you withdraw your consent as described below.
Communication Method. All communication that we provide to you in electronic form will be provided either via email at the email address you provided to us, by access to Online Banking, or to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose.
Termination. You may withdraw your consent to receive communication in electronic form for any of your Accounts by visiting a branch or using the contact information below. You must notify us at least ten (10) business days prior to the date to which you wish to withdraw your consent to receive electronic communication. We may require that your request be in writing. We may terminate your access to electronic communication at any time, in whole or in part, for any reason without prior notice. Your access to electronic communication will be terminated automatically if your Account is closed.
Records Management. It is your responsibility to provide us with true, accurate and complete email address, contact and other information related to this Disclosure and your Account(s), and to maintain and update us promptly of any changes in information. You may update such information by visiting a branch or using the contact information below.
Requesting Paper Copies. When you enroll in the Bank’s eStatement service, we will not send you a paper copy of any communication from us, unless you request it or we otherwise deem it appropriate to do so. You may request a paper copy of any communication by requesting it from us by visiting a branch or using the contact information below.Contact Information
Telephone (864) 834-9031 or toll free (888) 557-2265
Mail Bank of Travelers Rest
Attn: Electronic Banking
P.O. Box 1067
Travelers Rest, SC 29690