Online Banking Agreement
We are required to provide you with certain information in writing in connection with your request to bank online. Please carefully review the following information regarding the electronic delivery of Terms and Disclosures. By consenting to the electronic delivery of the Terms and Disclosures, you agree to the following:
Scope of Consent: Your consent to receive electronic disclosures applies only to this transaction and does not apply to any future transactions that may occur between us or to any other disclosures that we may be required to provide you.
Equipment and Software: To access Barnett Capital Bank's Online Banking you must have an active account with an Internet Service Provider (ISP), an Internet browser software program from software publisher(s) (Internet Explorer) with version number(s) 4.0 and above with a 128 bit encryption that we may specify from time to time. You are solely responsible for the equipment (including, in the case of Online Banking, your personal computer and software) you use to access Online Banking services. We are not responsible for errors or delays or your inability to access the services caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the services nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon. We do not warrant nor will we be responsible for any errors or failures from the malfunction or failure of your equipment.
Withdrawing Consent to Electronic Delivery: You may not withdraw your consent to the electronic delivery of Disclosures because we will provide such Disclosures to you as soon as we receive your consent. However, if after consenting to the electronic delivery of Terms and Disclosures and receiving such disclosures electronically, you decide that you would also like a paper copy, you may request such a copy as described in the Paper Copy of Terms and Disclosures section above.
Consent and Acknowledgement:We acknowledge and agree as follows:
We have the hardware and software necessary to access and retain the Terms and Disclosures delivered electronically and am able to download and print a copy of the Terms and Disclosures; and I have received, read and agree to the Notice and Consent Regarding Electronic Delivery of Terms and Disclosures.
General Terms and Electronic Funds Transfer Disclosures (Terms and Disclosures)
This agreement (the “Agreement”) made between you and us for accessing your Barnett Capital Bank accounts via Barnett Capital Bank's Online Banking includes certain disclosures for electronic funds transfer and terms and conditions governing the use of available services offered through Barnett Capital Bank's Online Banking. As used in this document, the words “we,” “our,” and “us” mean Barnett Capital Bank and the words “you” and “your” mean the account holders(s) and anyone else with authority to deposit, withdraw, or exercise control over the funds in the account. By using Online Banking, you agree to abide by the terms and conditions of this Agreement and acknowledge your receipt and understanding of the disclosures contained in this Agreement. Please read this Agreement carefully and keep a copy for your records.
This agreement is in addition to other agreements between you and us, including the applicable deposit account disclosure agreement(s) and terms and conditions, and our rules and regulations as well as your loan agreements with us. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of any other agreements between you and us, as it relates to Online Banking, this Agreement will control.
Your use of available Online Banking services may be made by use of certain numbers, codes, marks, signs, passwords, Personal Identification Numbers (PINs), public or private keys or other means which are acceptable to us to establish your identity and acceptance of the electronic communications. All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that those electronic 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 tampering or altered data.
We may, from time to time, introduce new Online Banking services and we will notify you of the existence of these new services. By using new available Online Banking services when they become available, you agree to be bound by the rules governing these new Online Banking services.
Business Days/Hours: The term “business day” shall mean every day except Saturdays, Sundays and federal banking holidays. Our business hours are 8:00 a.m. to 5:00 p.m. Central Time, Monday through Friday.
The Service
1. Eligible Accounts
To access your accounts through Barnett Capital Bank's Online Banking, you must have at least one eligible account with us. For purposes of this Agreement, the term “Eligible Account” includes the types of deposit and credit accounts that are identified below. If you have more than one Eligible Account, we will “link” the relationships together unless you request certain accounts not be linked. Accounts that are linked under the Online Banking services will have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account. Any non-linked account will not be accessible through Barnett Capital Bank's Online Banking. An account that requires two or more signatures to make withdrawals or with special withdrawal restrictions may not be designated as an Eligible Account.
The following are Eligible Accounts: Checking, Savings, Money Market Deposit, Certificates of Deposit, IRAs, Installment and Real Estate Loans and Investment Accounts.
2. Access to Services
To initially access Online Banking services you will use a temporary User Code and Password assigned by the bank. With your first access to Online Banking, you will be asked to designate your own Password that has certain specifications as well as other layers of security (instructions will explain them).
You agree to keep your Barnett Capital Bank Online Banking access information confidential to prevent unauthorized access and use of your accounts. For security purposes, we recommend that you memorize this information.
If you suspect your access information is lost or in the hands of an unauthorized user, tell us at once. Telephone Customer Service at +1-767-440-8358 We reserve the right to block your access to Online Banking services to maintain or restore security to our web site and systems, if we reasonably believe your access information has been or may be obtained or is being used or may be used by an unauthorized person(s).
3. Description of Services
a) Account Information - You can specifically obtain the following information: Obtain certain account history for the current and previous statement cycles and export this information directly to your computer in a variety of file formats such as TEXT FORMAT AND MICROSOFT EXCEL. Obtain interest information on your interest bearing deposit accounts and loan accounts. Obtain account-related information such as current balances, loan payment amounts, payment due dates, and certificate of deposit maturity dates.
b) Funds Transfers: You may: Transfer funds from checking to checking, Transfer funds from checking to savings, Transfer funds from savings to savings, Transfer funds from savings to checking, Make payments from checking to loan accounts or lines of credit, Make payments from savings to loan accounts or lines of credit. All transfers between deposit accounts will occur at the earliest possible time. You may make arrangements for payments to loan accounts described above to occur at the earliest possible time, at a date in the future, or on a recurring basis. Transfers made after 5:00 p.m. Easter Time will normally not be credited until the next business day.
C. External Transfers
(i) To use the External Transfer Service, you must maintain at least one eligible deposit, line of credit, mortgage, installment loan or auto account with us and at least one External Account, between which you may transfer funds. Transfers to or from External Accounts may be made in amounts of up to $25,000.00 per transaction or a maximum of $75,000 per day in the aggregate from all your combined accounts, except as otherwise noted below. Your transfer must be a minimum of $5,000.00 If you are a, Barnett Capital Wealth Management, Private Banking, or Business Banking customer, the following transfer limits apply to you in lieu of the foregoing:
|
account type |
per transaction limit |
maximum daily limit (all account in the aggregate) |
|
capital wealth management |
$100,000 |
$100,000 |
|
Private banking |
$25,000 |
$100,000 |
|
business banking |
$100,000 |
$100,000 |
(ii) You authorize us to charge your designated From Account with us for all transfers of funds that you initiate through the Transfer Service and you agree to have sufficient funds or available credit in your From Account on the Send On date to cover each such transfer you schedule and any fees that might be associated with such transfer. We will not be obligated to make any transfer you may request unless there are sufficient available funds or credit (including any available overdraft protection account you may have) in your From Account to cover the transfer on the Send On date. If there are insufficient available funds or credit to cover a Current Day transfer, we will not retry the transaction and the transfer will be immediately rejected. In the case of Future Dated Transfers, if sufficient funds are not in your account on the Send On date, we will automatically try to debit your account up to two (2) more times on the two (2) succeeding Business Days. For these attempts, a status of "Funds Needed" will appear online. After the third and final attempt, the transfer request will be Cancelled. We will send you an e-mail advising you of each failed attempt to charge your From Account.
(iii) Transfers between deposit accounts held by us and an External Account that we receive by the Cutoff Time on any Business Day will begin processing on the same day. Transfers to an External Account will be deducted from your From Account held by us on the calendar date and will usually be reflected in your External Account on the Deliver By date. Transfers from External Accounts are subject to the processing times of the financial institution holding your External Account. Instructions for transfers from External Accounts that we receive by the Cutoff Time on a Business Day will be sent to the holder of your External Account on the same day for processing.
(iv) Transfer instructions relating to External Accounts and the transmission and issuance of data related to such instructions shall be received pursuant to the terms of this Agreement and other rules of the correspondent bank (collectively, the "Rules") and you and we agree to be bound by such Rules as in effect from time to time. In accordance with such Rules, any credit to your deposit account held by us or your External Account shall be provisional until such credit has been finally settled by us or the third party institution which holds your External Account, as the case may be. You acknowledge that you have received notice of this requirement and of the fact that if we do not receive final settlement for a transfer for any reason, we shall charge back the amount of such transfer to the Transfer To or From Account (as applicable) or any other of your accounts or claim a refund from you.
You will be provided a confirmation number with each Transfer. Please write down this number when you receive it. It helps us resolve any questions you may ave concerning your transactions.
Duplicate Transactions: It will be the customer's responsibility to detect duplicate transactions. Barnett Capital Bank will pay all transactions initiated online by the customer unless there are insufficient funds or uncollected funds.
Holds: If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
You agree that you will instruct us to make a transfer only when a sufficient balance is or will be available in the designated account at the time of the transfer.
You understand that we will not act on any transfer instructions from you if sufficient funds are not available in the account that you designated.
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 make every effort to remedy the situation; however, we cannot assume any responsibility:
1. If through no fault of ours, you do not have enough money in your account to make a transfer or if your account has been closed.
2. If you have an overdraft line and the transfer would go over the credit limit.
3. If the terminal or system was not working properly and you knew about the breakdown when you started the transfer
4. If circumstances beyond our control (such as fire or flood or systems failure) prevent the transfer, despite reasonable precautions that we have taken.
5. If the money in your account is subject to legal process, adverse claims, or other encumbrances restricting transfer.
6. If you have not properly followed instructions on how to make a transfer.
7. If we have placed a hold on funds in your account in accordance with our reasonable business procedures.
8. If we have a reasonable basis for believing that unauthorized use of your access information has occurred or may be occurring, if you are in default under this agreement with us, if we or you terminate the Agreement, or if we have suspended your use of Barnett Capital Bank's Online Banking.
4. Hours of Operation
You can access Online Banking services through Barnett Capital Bank's Online Banking seven days a week, 24 hours a day. However, at certain times, some or all of the service may not be available due to system or Internet maintenance. If we need to change the scope of our Online Banking services, we will attempt to provide prior notices of such interruptions and changes, but cannot guarantee that such notice will be provided. A transfer between deposit accounts initiated through Online Banking before 6:00 p.m. Central Time on a business day will be posted to your accounts on the same day. We cannot ensure that a transfer between deposit accounts after 6:00 p.m. Central Time on a business day will be posted to your account on the same day. Transfers initiated on a Saturday, Sunday, or a federal holiday, will be posted on the next business day. Credits to loan accounts initiated through Barnett Capital Bank's Online Banking may take up to two business days to post.
5. Electronic Messaging
Sending electronic messages to us through Barnett Capital Bank's secure web site allows you to contact us with your questions and the bank to contact you with notices and disclosures protected by encryption. However, e-mail is not available after you log-on to Online Banking. Therefore, we ask that you not use e-mail to initiate banking transactions.
You agree that we may send you or make available to you notices, disclosures, and other information electronically including, but not limited to, notices, disclosures, and other information required under the Electronic Funds Transfer Act and Regulation E of the Federal Reserve Board. If you have given us an e-mail address or postal address, we are entitled to rely on that address and assume that messages sent to that address are received by you until you give us notice in writing that the address is no longer valid. If we send you a notice or disclosure electronically, and you wish to download or print it and are unable to do so, contact us at the mailing address or telephone number address in the Error Notice section of this Agreement and we will provide you with a copy on paper.
6. Notice of Your Rights and Liabilities
Except as otherwise provided in this Agreement or otherwise expressly provided by applicable law or regulation, you agree that neither we nor any party that provides Internet access or provides equipment used to access the Online Banking services or any agent, independent contractor, or subcontractor of any of the foregoing will be liable for any loss, injury, or damage including without limitation, direct, indirect, incidental, special, consequential, or punitive damages, whether under a contract, tort or any other theory of liability, arising in any way of the installation, use or maintenance of the Online Banking services or of the Internet service provider used to access the Online Banking services, or of the equipment used to access the Online Banking services including, without limitation, any loss, injury, or damage relating to any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line failure or unauthorized interception or access to your communications with us, even if we or the Service Providers are aware of the possibility of such event.
7. Limitation of Liability
Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by Barnett Capital Bank's Online Banking services or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC equipment.
8. Waivers
No waiver of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of Barnett Capital Bank.
9. Assignment
You may not transfer or assign your rights or duties under this Agreement.
10. Governing Law
The laws of the COMONWEALTH OF DOMINICA shall govern this Agreement and all transactions hereunder. Customer acknowledges that he/she has reviewed this Customer Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby.
11. Periodic Statements
You will receive a monthly account statement from us for your checking and money market deposit accounts. You will receive a monthly account statement from us for your savings accounts that have the same account number as your checking account or if there are transfers from the savings account in a particular month. In any case, you will receive a savings statement at least quarterly.
12. Preauthorized Payments and Stop Payment
If the preauthorized payments may vary in amount, Barnett Capital Bank 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 would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set. Right to stop payment and procedures for doing so: If you have told us in advance to make regular
payments out of your account, you can stop any of these payments. Here is how:
Call Customer Service at +1-767-440-8358 write us at Barnett Capital Bank, CORNER OF MARLBOROUGH and great george street, 3rd floor, roseau, dominica, in time for us to receive your request five (5) business days or more before the payment is scheduled to be made. If you call, we may require you to put your request in writing and get it to us within 14 days after you call. Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
13. Confidentiality of Account Information
We will disclose information to third parties about your account or the transfers you make:
Where it is necessary for completing transactions or resolving errors; or
In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
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; or
To our employees, service providers, auditors, collection agents, or attorneys in the course of their duties and to the extent allowed by law; or If you give us written permission.
Portfolio Information
The Online Service may permit you to view account data for your Barnett account and any other accounts linked to it. By accessing and using the Online Service, you represent on a continuing basis that you are authorized to have viewing access to any account that you access. All account data is provided as a convenience and for your information, but it is not the official record of your account or its activity. Your Barnett account statement shall remain the official record. The Online Service is generally updated regularly but is subject to adjustment and correction and therefore should not be relied upon as justification for taking any action or forbearing to take any action. All account information should be confirmed with Barnett OnLine Site Support before you take investment action.
3 Disclosure of Account Information to Third Parties
We may disclose information to third parties about your account or the bill payments and transfers you make
1. as necessary to complete transactions.
2. in connection with the investigation of any claim you initiate.
3. In order to comply with laws, government agency rules or orders, court orders, subpoenas, correspondent bank request for information or other legal process, or in order to give information to any government agency or official having legal authority to request such information; or To our employees, service providers, auditors, collection agents, or attorneys in the course of their duties and to the extent allowed by law; or in accordance with your written permission.
4. as otherwise permitted by the terms of our privacy policy. Our privacy policy, which includes details about our information sharing practices and your right to opt-out of certain information sharing, was provided to you when you opened your account. It can be viewed by clicking on the "Privacy" link on any of our website pages.
We will disclose information to third parties about your account or the transfers you make: Where it is necessary for completing transactions or resolving errors; or In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or If you give us written permission.
14. Authorization to Obtain Information
You agree that we may obtain and review your credit report from a credit bureau or similar entity.
15. Unauthorized Access
Tell us AT ONCE if you believe your access information has been compromised, lost or stolen. Prompt notification is the best way of keeping your possible losses down. You could lose all the money in your account . if your statement shows transfers that you did not make, tell us AT ONCE. If you do not tell us within 20 days after the statement cycle, If you believe your access information has been compromised, lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call Customer Service +1-767-440-8358 during normal business hours listed in this Agreement.
16. Error and Questions
In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below 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. Tell us your name and account number (if any). 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. Tell us the dollar amount of the suspected error. If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days following the date you notified us. We will tell you the results of our investigation within 10 business days (15 business days if the transfer involved a point of sale transaction or a foreign-initiated transfer) after hearing 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 point of sale transaction or 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 point of sale transaction or a foreign-initiated transfer) for the amount you think is in error, so that you will have the use of your 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 credit your account. If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents we used in our investigation.
Barnett Capital Bank
Address: corner of marlborough and great george street, 3rd floor, roseau, dominica
Phone: +1-767-440-8358
17. Termination
This agreement continues in full force and effect until terminated. You may terminate this Agreement and your use of Online Banking services at any time by calling Customer Service at +1-767-440-8358 or by sending a written termination notice to Barnett Capital Bank, corner of marlborough and great george street, 3rd floor, roseau, dominica. Your termination notice will be confirmed by mail. You authorize us to complete fund transfers until we have had a reasonable opportunity to act upon your termination notice.
We may terminate this Agreement and your use of the Online Banking services at any time without cause or prior notice. This Agreement and your use of the Online Banking services will be terminated automatically if your Eligible Account(s) are closed or access to your Eligible Account(s) is restricted for any reasons. This Agreement and your use of the Online Banking services may be terminated at any time without prior notice due to insufficient funds in one of your Eligible Accounts. After termination on such basis, you may again enroll once sufficient funds are available in your Eligible Accounts to cover any fees and other pending transfers or debits. We reserve the right to temporarily suspend Online Banking services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your access information as an indication of attempted security breach. Termination of the services does not affect your obligations under this Agreement with respect to occurrences before termination.
18. Changes to Charges, Fees or Other Terms
We reserve the right to change the charges, fees or other terms described in this Online Banking Agreement. When changes are made to any fees, charges, or other material terms, we will electronically update this Online Banking Agreement or send an e-message notice to you at the address shown on our records at least thirty (30) days in advance of the effective date of any additional fees for online transactions, or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days before the change. As always, you may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations. The applicable Account Disclosure Statement governs changes to fees applicable to those specific accounts.
19. Security Procedures
By accessing Online Banking, you hereby acknowledge that you will be entering a protected web site owned by Barnett Capital Bank, which may be used only for authorized purposes. The Bank may monitor and audit usage of the System and all persons are hereby notified that use of the Services constitutes consent to such monitoring and auditing. Unauthorized attempts to upload information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986.
20. Fees. Fee Schedule
There is no charge for the Online Banking service, which includes access to all Eligible Accounts. Subject to change.
21. Special Provisions for Business Customers
Any User ID or Password we provide to you is provided to you in your capacity as a representative of the business entity registered with the Online Service only, and may not be retained by you after any termination of your relationship with such business entity. You agree to inform us immediately if a person with access to a Password leaves the employ of the entity to which that Password has been assigned.
22. Indemnification
Customer, in consideration of being allowed access to Bank's Service, agrees to indemnify and hold the Barnett Capital Bank harmless for any losses or damages to the Bank resulting from the use of the Service, to the extent allowed by applicable law.
I/We understand that I/we are the only individual(s) authorized to use Online Banking and that such use signifies agreement to the terms and conditions set forth in this Online Banking Agreement.