Colonial Online Banking Terms and Conditions
I.
Introduction
This Terms and Conditions Agreement and Electronic
Funds Transfer Act Disclosure (the "Agreement")
governs your use of Online Banking. By subscribing
to Online Banking or using Online Banking, you agree
to the terms of this Agreement. Please read this
Agreement carefully and keep a copy for your
records.
As used in this Agreement, "Account" means a
designated account from which we initiate
transactions on your behalf pursuant to this
Agreement. In this Agreement, "you" or "your"
refers to the person(s) or business subscribing to
or using the services under this Agreement. "We,"
"us" or "our," "Colonial" or "Colonial Bank," refers
to Colonial Bank and any agent, independent
contractor, designee, or assignee who may, in the
Bank's sole discretion, be involved in the provision
of services under this Agreement.
II.
Online Banking
Colonial Online Banking service is an online banking
service designed to provide Colonial Bank customers
with a means for meeting their banking needs through
online banking. Specifically, you may use this
service to transfer funds between your designated
checking and savings accounts, inquire as to your
deposit account transactions and balances, make
payments on your loans by transferring funds from
your deposit accounts, make various other banking
service requests and communicate with customer
service representatives using secure electronic
messaging. If you elect to enroll in the bill
payment service, you can pay bills electronically
from your checking account. Bill Payment services
also are subject to a separate terms and conditions
agreement. You cannot enroll in the bill payment
service without enrolling in Online Banking.
III.
Equipment
The following equipment is required for using Online
Banking:
· A computer, a dial-up modem or broadband connectivity to the Internet (cable modem, DSL, etc.)
· Web browser that supports 128-bit encryption required. Minimum requirements include, Netscape 6.2 or Internet Explorer 5.1 versions or higher.
· E-mail address.
· Printer or ability to download the information for your records.
· Optional service using Personal Financial Management software Microsoft® Money, Quicken® and QuickBooks® can be used with this banking product. It is your responsibility to purchase the software needed. This product does not support the use of QuickBooks for Mac or Quicken for Mac.
IV. Enrollment
·
Individual Accounts
You must complete an enrollment form for your
individual account. Persons with individual
accounts also may access joint accounts for which
they are an owner through an individual enrollment
form.
·
Joint Accounts
Colonial provides an easy way to enroll for online
banking for joint accounts. Each account holder may
enroll separately and each will have his or her own
separate Agreement. Each such joint account holder
is subject to separate fees as applicable.
·
Corporate Accounts
Complete an enrollment form for each business
account you wish to enroll for online banking. To
access a business account, you must be a signer on
the account and we must have a corporate resolution
authorizing you to enroll in online banking. For
multiple users for a single account, a separate
enrollment form must be completed for each user and
each user must be listed on the corporate resolution
authorizing each to use online banking.
·
Accounts with Two or More Signatures
For deposit accounts that require two or more
signatures to authorize a withdrawal, an account
holder only will be granted inquiry-only access to
the account through online banking. No withdrawals,
transfers or payments will be permitted for this
type account.
V. Your Password/Access Authentication
You will be asked to choose a User ID and password that you will use to access Online Banking. If an attempt is made to access your accounts from a computer that we do not recognize, we will use additional security measures to authenticate your identification before allowing access to your accounts. These security measures include, but are not limited to, asking you to provide answers to one or more previously selected security questions. The additional security measures may also be used periodically before granting access to your accounts. You agree that the User ID, Password and additional security measures described above constitute a commercially reasonable method to authenticate your identity and verify the instructions that you provide to us through Online Banking. You should keep your Password and other access information confidential and maintain your system in a manner that protects your Online Banking accounts from theft or misuse.
VI.
Balance Inquiries and Transfers
You may use online banking to check the balance of
your accounts and to transfer funds among your
accounts. The balance shown may differ from your
records because it may not include deposits in
progress, outstanding checks, or other withdrawals,
payments, or charges.
·
Transfers initiated using Online Banking
A request for immediate transfer between your
accounts using Online Banking before 10 p.m. CT will
be considered same day processing and will result in
an immediate transfer and funds availability. Any
immediate transfer you initiate after 10 p.m. CT on
a business day or on a non-business day will be
posted to your designated account the next business
day with funds available after posting. The
business day processing cut-off time for all other
transfers is 10 p.m. CT. A business day is every
Monday through Friday, excluding Federal Reserve
holidays and other legal public holidays on which
the bank is closed. You can request immediate
one-time transfers, recurring transfers
automatically made at regular intervals and one-time
future-dated transfers.
·
Transfers initiated using MS® Money,
Quicken®, and QuickBooks®
A request to transfer funds between accounts using
MS® Money, Quicken, and Quickbooks® will not result
in an immediate transfer or immediate funds
availability because of the time required to process
the files. Any transfer you initiate before 4 p.m.
CT on a business day will be posted to your
designated account during processing that night with
funds available the following morning. Schedules
initiated after 4 p.m. CT on a business day or on a
non-business day will be posted to your designated
account during nightly processing on the next
business day with funds available the following
morning. Future or recurring transfer functionality
is available only within the guidelines of the
software capability.
VII.
Stopping Transfers
Immediate transfers between your accounts cannot be
stopped once you submit the request for transfer.
However, recurring transfers and one-time
future-dated transfers may be stopped by calling
(877) 502-2265 during customer service hours or by
modifying the scheduled transfer in the online
banking system.
Even though we will make every effort to accommodate
your request to stop a scheduled transfer between
your accounts, we have no liability for failing to
do so should we not have a reasonable time to act
upon your request.
If there are insufficient funds in an account from
which you are requesting a funds transfer, including
through any available overdraft line of credit, the
transfer will not be initiated.
1. Automatic Alerts are sent to you following certain changes made online to your Online Banking account, such as a change in your User ID, password, or personal information, such as, e-mail address, home address or telephone number. You also will receive alerts when your account statement is ready to view, when a scheduled transfer is processed successfully and when a scheduled transfer is deleted or has failed to process. These alerts are active in our standard Online Banking service so no further activation is required.
2. Voluntary account alerts must be activated by you. The voluntary alerts available vary by deposit and loan account selected. As applicable, the alerts generally include conditions like high and low balances, high deposit, high withdrawal, maturity date approaching, direct deposit processed, payment due date approaching and clearing of a check number within a range. These types of alerts are subject to change at any time. Colonial will provide advanced notification of these changes to customers as they occur.
3. Automatic alerts will be sent to your primary e-mail address that you provided for your online banking account. The voluntary account alerts will be sent to the e-mail address that you provided when activating an alert which can be different from your primary online banking e-mail address. It is your responsibility to keep your primary e-mail address and voluntary alert e-mail address updated in online banking.
4. You understand and agree that your alerts may be delayed or prevented by a variety of factors. Although we intend to provide alerts in a timely manner with accurate information, we neither guarantee the delivery nor the accuracy of the contents of any alert. You agree that we shall not be liable for errors in the content of any alert, the action or inaction by you or a third party based on the reliance on an inaccurate alert, delays, failure to deliver, or misdirected delivery of any alert.
5. Because alerts going to your e-mail address are not encrypted, we will limit the amounts of personal information provided. However, your name and portions of your account number may be shown in the alerts as a matter of reference. Depending on which alert you activated, your balance information, due dates, maturity dates, deposit and withdrawal amounts and balance information may be included. Please be aware that anyone with access to your e-mail accounts or persons you have elected to receive the alerts, will be able to view all of its contents.
IX.
Statements
All of your payments and funds transfers made
through online banking will appear on your monthly
account statement(s). The biller’s name, payment
amount, and transaction date will be reflected for
most payments made through online banking. You
agree that you are responsible for reviewing
promptly each periodic statement on an online
banking account in order to detect any unauthorized
transactions.
X.
Online Statements and e-Statement Delivery
Access to your periodic depository account
statements is available through the online banking
service. You will continue to receive paper
statements in addition to being able to view your
statements online unless a feature of your deposit
account requires that statements only be delivered
to you online or you choose to enroll in our
e-Statement Delivery Service (“e-Statement
Service”).
Through separate enrollment including the selection
of a deposit account that requires the e-Statement
Service, you may choose to stop receiving selected
paper depository account statements by mail and only
receive account statements through online banking.
There is no cost for enrolling in the e-Statement
Service.
By enrolling in and/or using the e-Statement Service
which will discontinue your receiving paper
statements by mail, you agree to the following
conditions:
1. Your enrollment and/or use of the service confirms your acceptance of all the e-Statement Service terms and signifies your ability to receive the online statements and other important information relating to your deposit accounts.
2. You must have an online banking account with us. Should you terminate your online banking account, we will cancel your e-Statement Service automatically and you will begin to receive paper statements again.
3. In addition to the equipment requirements for online banking as described in Section III of this agreement, you must have the latest version of Adobe® Acrobat Reader software installed on your computer. This software is available free of charge by going to www.Adobe.com.
4. At enrollment you must provide your e-mail address to us and agree to keep us informed of any changes to the address. As your deposit account statements become available, we will send a reminder to the e-mail address that we have on file for you informing you that your statements are ready for viewing. To view your statements, log in to online banking and choose the “e-Statements” tab located in the left-hand menu.
5. Online statements will remain available through online banking for up to 14 previous statement cycles. You may print the statements or save them to your computer.
6. For a joint account, or an account with multiple signers, any signer can request the e-Statement Service. In so doing, the delivery method for that account will be set to “Online-Only” and an e-mail notification sent to the e-mail address provided by the signer requesting service. No paper statement will be mailed to any and all addresses on the account.
7. Multiple signers can request the e-Statement Service by logging in to online banking and providing their e-mail addresses at the time of enrollment. In so doing, each e-mail address will receive a reminder when statements are available for viewing.
8. For checking and money market accounts, the e-Statement Service will commence at the beginning of the first full statement cycle following your selection to stop paper delivery of eligible statements. You may receive one last paper statement after your enrollment is complete.
9. For savings accounts, the e-Statement Service will commence with the first statement following enrollment.
10. Only one deposit account will appear on a single online statement.
11. If you request a paper copy of a deposit account statement you will be charged a fee as set forth in the Miscellaneous Rates and Fees brochure applicable to the deposit account to which the statement relates at the time the request for a copy is made.
12. You understand that promotional information normally delivered to you with your paper statement will not be sent to you in the mail. However, at our discretion we may send some or all of the promotional information to your e-mail address or make the information available to you in online banking. These promotional e-mails will be sent separately from the reminder e-mails that you receive when your statements are ready. Should you wish to opt-out of receiving the promotional e-mails, you may do so by following the unsubscribe instructions in the e-mail.
13. Cancelled checks and other items presented as images with applicable online statements will be deemed received on the day the relevant statement is made available to you online. You agree that our deposit account statements provide sufficient information to determine the authenticity of all your transactions, including whether any are forged, altered or unauthorized. Your receipt of check and item images and deposit account statements electronically does not waive or alter your responsibility to examine your account statement and report any error or discrepancies in accordance with applicable law and the Rules and Regulations for Depository Accounts disclosure covering your account(s).
Delivery of Important Legal Information
By enrolling in and/or using the e-Statement Service
you also agree to receive Important Legal
Information (“Legal Information”) about your deposit
accounts electronically instead of with a paper
statement. The legal information includes, without
limitation, change in terms notices, service
notifications, and legally required notices under
one or more of the following: Uniform Commercial
Code, Electronic Fund Transfer Act and Regulation E,
Expedited Funds Availability Act and Regulation CC,
Truth-in-Savings Act and Regulation DD, Federal
Deposit Insurance Act, Internal Revenue Code,
Truth-in-Lending Act and Regulation Z (relating to
Overdraft Protection Lines of Credit for deposit
accounts.) We may from time to time offer other
legal notices through the e-Statement Service. Your
enrollment in and/or use of the E-Statement Service
is your acknowledgement that this section governs
the delivery of the legal information.
Legal Information will be delivered electronically
to you in one of two ways; We may send you an e-mail
that contains the legal information in the body of
the e-mail, as an attachment or as a link within the
e-mail. Alternatively, we may send you an e-mail
giving you notice that legal information is
available for review by accessing a designated area
of Online Banking. In the latter case, or if we
provide you a link, the legal information will be
made available to you for at least 90 days after the
original distribution date, if required by law, or
for a shorter time period that we will disclose in
our e-mail notification to you. You may obtain a
paper copy of any legal information that we send to
you electronically (other than legal information
printed directly on a statement) by calling Customer
Service at (877) 502-2265. You will not be charged
any fees for the paper copy of such notices.
How to enroll
To enroll in the e-Statement service, log in to Online Banking and click on the “Go Paperless” link. You will be asked to read and agree to the e-Statement terms and conditions. Your current primary e-mail address on file will be displayed with a link provided to change the address if necessary. To confirm that you can successfully receive e-mails from us regarding the availability of your statements, an activation code will be sent to your primary e-mail address. Once you receive the activation code you will need to return to Online Banking and enter the code in the appropriate box on the activation page. To complete the enrollment process, you will then select your accounts that you wish to enroll in the e-Statement service.
Termination of e-Statement Delivery
You or Colonial Bank may terminate the e-Statement
Service at any time upon written or verbal notice to
the other. To terminate service call us at (877)
502-2265, use the online banking system's secure
messaging feature, or write us at:
Colonial Bank
Online Banking Services
One Court Square – 1st Floor, Suite 103
Montgomery, AL 36104
Statements previously provided to you online will not be mailed to you upon termination.
XI. Fees
·
Personal Accounts:
Online banking and bill pay access to personal
accounts (including sole-proprietorships) is FREE!
o If you choose to use direct connect through Microsoft® Money and Quicken® you will receive six months free beginning the month after you are enrolled for the service(s). After that time a charge of $5.95 per month per service shall apply. The fee is assessed regardless of whether the service(s) are used in the month.
o If you choose to enroll to use direct connect service through QuickBooks® an additional fee of $14.95 per month will apply. This fee includes 25 connections and 15 bill payments. An additional charge of $.50 per connection over the 25 included and $.50 per payment over the 15 included.
·
Commercial Accounts:
The online banking product offered for commercial
accounts includes all online banking functionality
plus bill payment. Commercial customers activated
for online banking will be enrolled automatically
for the bill payment feature. A charge of $9.95
per month will be assessed. This fee includes
online banking access and up to 15 bill payments per
month. Additional bill payments will be charged at
$.50 per payment. In this case the "month"
refers to calendar days not statement cycle. This
fee of $9.95 will apply regardless of whether
bill payments are made for that month.
o If you choose to use direct connect through Microsoft® Money and Quicken® you will receive six months free beginning the month after you are enrolled for the service(s). After that time a charge of $5.95 per month per service shall apply. The fee is assessed regardless of whether the service(s) are used in the month.
o If you choose to enroll to use direct connect service through QuickBooks® an additional fee of $14.95 per month will apply. This fee includes 25 connections and 15 bill payments. An additional charge of $.50 per connection over the 25 included and $.50 per payment over the 15 included.
· If applicable, you authorize us to deduct the service fee automatically from your primary online banking checking account on, or about, the 4th business day of each month. If the funds in your primary account are insufficient to pay the monthly fee, you authorize us to deduct the fee from any other deposit account that is connected to your online banking service. We may revise our service fee schedule by following the procedure outlined in the Amendments section of this Agreement.
XII. Customer Service
· Call us at (877) 502-2265 during regular business hours
· Contact us by using the system's secure messaging feature;
· E-mail us at customer_support@colonialbank.com (non-confidential information only); or
· Write to us at:
Colonial Bank
Online Banking Services
One Court Square – 1st Floor, Suite 103
Montgomery, AL 36104
XIII.
Your Liability for Lost or Stolen Passwords
and Unauthorized Transactions
Immediately contact Customer Service if
you believe that your password has been lost or
stolen or that someone has transferred or may
transfer money from your account without your
permission. Otherwise, you could lose all the money
in your accounts accessed by the password plus your
maximum overdraft line of credit. Calling us is the
best way of keeping your losses down.
For any consumer account, if you tell us within two
business days after you discover that your password
has been lost or stolen, you cannot lose more than
$50 if someone used your password without
your permission. If you do not tell us within two
business days after you learn of the loss or theft
of your password and we can prove we could have
stopped someone from using your password without
your permission if you had told us, you could lose
as much as $500. If your consumer account statement
shows transfers that you did not make or authorize,
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 an extended trip or hospital
stay) prevented you from telling us, we will extend
the time period.
XIV.
Error Resolution
In case of errors or questions about your electronic
transfers or payments, you should contact Customer
Service as soon as possible. Provide us the
following information:
· Your name and account number.
· A detailed description of the transaction, question or problem including the dollar amount so that we may resolve your issue as quickly as possible. For any consumer account, we will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account provisionally within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and do not receive it within 10 business days, we may not credit your account. If we decide there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of documents used in our investigation.
XV.
Your Liability and Colonial Bank's Limitation
of Liability for Commercial Accounts
Unless you notify us that your password is subject
to unauthorized use or that you suspect unauthorized
transactions on your account, you acknowledge that
the Bank is entitled to rely on and deem the use of
your password to gain access to online banking and
bill payment service as your authorization for every
transaction involving your accounts that are
commercial accounts. Authorization of transfer
requests and payment requests through online banking
by means of your password shall be considered the
same as your signed authorization and instruction
for us to perform any and all actions relating to
the transaction(s) requested. You agree to be bound
by any transaction on any of your commercial
accounts using online banking that is initiated by
means of your password and accepted by us in
accordance with the security procedure outlined in
this Agreement, regardless of whether or not you
actually authorized the transaction.
Not withstanding any other provision in this
Agreement or in any account Agreement, we are not
liable for, and you release and waive any and all
claims against us relating to, any loss, damages or
costs incurred by you, or by any other person or
entity, whether or not acting as your agent or
employee, by reason of anything we have done or
failed to do in connection with any account that is
a commercial account, including, but not limited to,
improper calculation or processing; transfer of
funds or failure to transfer; dishonor or failure to
dishonor; payment, stop payment, or failure to pay
or stop payment; processing of electronic transfer
entries; or loss or delay of electronic transfer
entries, items, instruments, input data and
materials during transfer to or from us, unless you
prove that such loss, damages or costs resulted
solely from our intentional misconduct, gross
negligence, or breach of this Agreement or
applicable account Agreement. Except as otherwise
provided by applicable law, the Bank shall not be
liable under any circumstances for any
consequential, special, punitive, incidental or
similar damages arising from the performance or
non-performance of services in connection with
commercial accounts included within an online
banking or bill payment agreement. Except as
otherwise provided by applicable law, for such
commercial accounts, we shall incur no liability for
delays, errors, failures or damages occurring by
reason of circumstances beyond our control
including, without limitation, conflicts with
federal or state law or regulation, acts of civil or
military authority, national emergencies,
insurrection, war, riots, labor difficulties,
natural disasters, acts of God, weather conditions,
flaws in the software or server or your computer,
equipment failure or malfunction, material shortage,
or failure of power, communication or
transportation.
We are not responsible for any loss, damage or
injury resulting from:
i. An interruption in your electrical power or telephone service;
ii. The disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality; or
iii. Any defect or malfunction of your personal computer ("PC"), modem or telephone line.
We are not responsible for any services relating to your PC other than those specified in this Agreement. We are not responsible for any errors or failures arising from any malfunction of your PC or associated software. You are solely responsible for scanning computer hardware and software for computer viruses.
XVI.
Our Liability for Failure to Complete
Transactions
We will process and complete all transfers properly
initiated through online banking in accordance with
the terms of this Agreement. Subject to certain
limitations, if we do not complete a transfer to or
from your account on time or in the correct amount
under the terms of this Agreement, we will be liable
for your actual monetary losses. We will not be
liable for not completing a transfer under certain
circumstances, including:
· You request a funds transfer that would cause your transaction limit number for a money market or savings account to exceed Federal Regulatory Requirements;
· If, through no fault of ours, you do not have adequate funds in your banking account to complete a transaction from that account;
· If the amount of the transfer would exceed the amount of available credit under any Overdraft Line of Credit;
· If you have not properly followed the instructional material provided with the software or server or online banking instructions on how to make a transfer or if your computer or software fails or malfunctions;
· If we have not received complete, correct and current instructions so that we can make the requested transfer;
· If withdrawals from any of your accounts have been prohibited by a court order such as a garnishment or other legal process;
· If online banking was not working properly and you knew about this problem when you attempted to authorize a transfer;
· If circumstances beyond our control prevent making a transfer, despite reasonable precautions that we have taken. Such circumstances include, without limitation, conflicts with federal or state law or regulation, acts of civil or military authority, national emergencies, insurrection, war, riots, labor difficulties, natural disasters, acts of God, weather conditions, flaws in the software or server or your Computer, equipment failure or malfunction, material shortage, or failure or malfunction of power, communication or transportation;
· If we have reason to believe that a transaction has not been properly authenticated or is fraudulent;
· If our failure was not intentional and resulted from a bona fide error, notwithstanding procedures in place to avoid such error, except for actual damages, which shall not include indirect, incidental, consequential, special, exemplary or punitive damages.
XVII.
Disclosure of Account Information to Third
Parties
We may disclose information to third parties about
your accounts or the transactions you make in
certain situations. Please refer to Colonial
Bank's
Privacy Notice
for more information.
XVIII.
Authorization to Obtain Information
Your enrollment in online banking may not be
approved if we are unable to verify your identity or
other necessary information.
XIX.
Termination
You may terminate your use of online banking at any
time by contacting customer service or in writing
to:
Colonial Bank
Online Banking Services
One Court Square, 1st Floor, Suite 103
Montgomery, AL 36104
By terminating your online banking services, you authorize us to continue making reoccurring, future-dated, and in-process transfers that you previously authorized until we have had a reasonable opportunity to act upon your termination request. Once we have processed your termination request, we will make no further transfers from your accounts, including those previously authorized by you. We may terminate your use of online banking, in whole or in part, at any time without prior notice. Your access to online banking will be terminated automatically if your accounts are closed, or access to your accounts is restricted for any reason. Termination will not affect your liability or obligations under this Agreement for transactions we have processed on your behalf.
XX.
Entire Agreement
This 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 checking account or other
accounts. In the event of a conflict between this
Agreement and any other agreement or disclosure
related to your checking account or other accounts
or any statement by our employees or agents, this
Agreement shall control.
XXI.
Waivers
No delay or omission by us in exercising any rights
or remedies there under shall impair such right or
remedy or be construed as a waiver of any such right
or remedy. Any single or partial exercise of a right
or remedy shall not preclude further exercise
therefore or the exercise of any other right or
remedy. No waiver shall be valid unless in writing
signed by us.
XXIII.
Governing Law
This Agreement shall be governed by and construed in
accordance with applicable federal law and the laws
of the state in which your deposit accounts are
opened, without regard to that state's conflict of
laws provisions; provided, however, that any dispute
solely between you and our bill payment service
provider shall be governed by and construed in
accordance with the laws of the state of Georgia,
without regard to its conflicts of laws provisions.
XXIV.
Amendments
We may unilaterally amend or change any of the terms
and conditions of this Agreement at any time. In
instances where changes could adversely affect you
or substantially change the service provided
hereunder, written or electronic notice will be sent
to you at least 21 days prior to the effective date
of the change or amendment. 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. Electronic
notification may be delivered by sending you an
e-mail to your personal e-mail address or by
notifying you after online banking login. Your
continued use of online banking after the effective
date of any change signifies your acceptance of the
change.
XXV.
Delivery of Electronic Disclosures and
Notices
Your use of online banking signifies your agreement
to electronically receive all notices, disclosures,
amendments, or other communications regarding this
Agreement or online banking and bill payment
services. You agree that all electronic
communications delivered to you will be binding and
enforceable to the same extent as if it were
delivered to you in writing, in person or by mail.
Electronic communications will be delivered either
to your personal e-mail address or after online
banking login. Because some Internet transmissions
to personal e-mail addresses are not secured, we
agree to not transmit confidential and non-public
personal information to your personal e-mail
address. If at any time you wish to decline the
option of receiving information from us
electronically, you may contact customer service.
Revoking your consent to receive information,
notices and disclosures electronically will result
in cancellation of your online banking services.
XXVI.
E-mail Address
As described in the two preceding sections of this
Agreement, we may send you important information
about online banking, notices, and non-confidential
disclosures to your personal e-mail address. As a
result, you agree to keep your e-mail address
current at all times within the online banking
system. You agree that our delivery of electronic
communications to your personal e-mail address
obtained from our records constitutes final
delivery. We are not obligated to research any
returned e-mail resulting from inaccurate addresses.
You can change your e-mail address on the online
banking records by editing your personal profile.
XXVII.
Copyright Information
All logos, service marks, trade names and trademarks
contained within Colonial Bank's Web site and
associated links are the sole property of Colonial
Bank. Use of such information without express
written permission of Colonial Bank is prohibited.
Use of any third-party logos, trademarks, etc. that
appear is also prohibited without the consent of the
owner of any such items.
If you enroll in or use the bill payment service, the following additional terms and conditions apply:
Bill Payment Terms and Conditions Agreement
XXVIII. Service Definitions
· "Service" means the bill payment service offered by Colonial Bank through CheckFree Services Corporation.
· "Agreement" means Terms and Conditions of the bill payment service.
· "Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
· "Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the “Biller” (such as, but not limited to, biller name, biller account number, and scheduled payment date).
· "Payment Account" is the checking account from which bill payments will be debited.
· "Billing Account" is the checking account from which all service fees will be debited automatically.
· "Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
· "Scheduled Payment Date" is the day you want your biller to receive your bill payment and is also the day your payment account will be debited, unless the scheduled payment date falls on a non-business day in which case it will be considered to be the previous business day.
· "Due Date" is the date reflected on your biller statement for which the payment is due. It is not the late date or grace period.
· "Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
· "We," "us," or "our" refers to Colonial Bank and any agent, independent contractor, designee or assignee who may, in Colonial Bank's sole discretion, be involved in the provision of the Service under this Agreement.
· "You," or "your" refers to the person(s) or business subscribing to or using the Service.
XXIX.
Bill Payment Scheduling
The earliest possible scheduled payment date for
each biller (typically four or fewer business days
from the current date) will be designated within the
application when you are scheduling the payment.
Therefore, the application will not permit you to
select a scheduled payment date less than the
earliest possible scheduled payment date designed
for each biller. To make sure that the bill is paid
on time, when scheduling payments you must select a
scheduled payment date that is no later than the
actual due date reflected on your biller statement
unless the due date falls on a non-business day. If
the actual due date falls on a non-business day, you
must select a scheduled payment date that is at
least one business day before the actual due date.
Scheduled payment dates must be prior to any late
date or grace period. Payments may not be less than
$0.01 or greater than $999,999.99. We will not be
responsible for any late payment that is the result
of your failure to timely schedule the payment.
XXX.
The Service Guarantee
Due to circumstances beyond the control of the
Service, particularly delays in handling and posting
payments by billers or financial institutions, some
transactions may take longer to be credited to your
account. The Service will bear responsibility for
any late payment related charges up to $50 should a
payment post after its due date as long as the
payment was scheduled in accordance with the
guidelines described under "Bill Payment Scheduling"
in this Agreement.
XXXI.
Payment Authorization and Payment Remittance
By providing the Service with names and account
information of billers to whom you wish to direct
payments, you authorize the Service to follow the
payment instructions that it receives through the
payment system. In order to process payments more
efficiently and effectively, the Service may edit or
alter payment data or data formats in accordance
with biller directives.
When the Service receives a payment instruction, you
authorize the Service to debit your payment account
and remit funds on your behalf so that the funds
arrive as close as reasonably possible to the
scheduled payment date designated by you. You also
authorize the Service to credit your payment account
for payments returned to the Service by the United
States Postal Service, biller, or payments remitted
to you on behalf of another authorized user of the
Service.
The Service will use its best efforts to make all
your payments properly. However, the Service shall
incur no liability and any service guarantee shall
be void if the Service is unable to complete any
payments initiated by you because of the existence
of any one or more of the following circumstances:
1. You request a payment that would cause your transaction limit number for a money market or savings account to exceed Federal Regulatory requirements;
2. If through no fault of the Service, you do not have adequate funds in your Payment Account to complete a transaction from that account;
3. If the amount of the transfer would exceed the amount of available credit under any Overdraft Line of Credit;
4. If you have not properly followed the instructional material provided with the Service on how to make a bill payment or if your computer or software fails or malfunctions;
5. If you have not provided the Service with the correct payment account information, or the correct name, address, phone number, or account information for the biller;
6. If you do not authorize a bill payment soon enough for your payment to be received by the biller by the due date, or the biller mishandles or delays the processing of your payment;
7. If withdrawals from any of your accounts have been prohibited by a court order such as a garnishment or other legal process;
8. If the payment processing center was not working properly and you knew or had been advised by the Service about this malfunction before you execute the transaction;
9. If circumstances beyond control of the Service prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid these circumstances. Such circumstances include, without limitation, conflicts with federal or state law or regulation, acts of civil or military authority, national emergencies, insurrection, war, riots, labor difficulties, natural disasters, acts of God, weather conditions, flaws in the Service or your computer, equipment failure or malfunction, material shortage, or failure or malfunction of power, communication or transportation;
10. If we have reason to believe that a transaction has not been properly authenticated or is fraudulent;
11. If our failure was not intentional and resulted from a bona fide error, notwithstanding procedures in place to avoid such error, except for actual damages, which shall not include indirect, incidental, consequential, special, exemplary or punitive damages.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your payment account or causes funds from your payment account to be directed to a Biller which does not comply with your payment instructions, the Service shall be responsible for returning the improperly transferred funds to your payment account, and for directing to the proper biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
XXXII.
Payment Methods
The Service reserves the right to select the method
in which to remit funds on your behalf to your
biller. These payment methods may include, but may
not be limited to, an electronic payment, an
electronic to check payment, or a laser draft
payment (funds remitted to the biller are deducted
from your payment account when the laser draft is
presented to Colonial Bank for payment).
XXXIII.
Payment Cancellation Requests
You may cancel or edit any scheduled payment
(including recurring payments) by following the
directions within the application. There is no
charge for canceling or editing a scheduled payment.
Once the Service has begun processing a payment it
cannot be cancelled or edited, therefore a stop
payment request must be submitted.
XXXIV.
Stop Payment Requests
The Service's ability to process a stop payment
request will depend on the payment method and
whether or not a check has cleared. The Service
also may not have a reasonable opportunity to act on
any stop payment request after a payment has been
processed. If you desire to stop any payment that
has been processed already, you must contact
Customer Service. Although the Service will make
every effort to accommodate your request, the
Service will have no liability for failing to do so.
The Service also may require you to present your
request in writing within 14 days. The charge for
each stop payment request will be the current charge
for such service as set out in the applicable fee
schedule.
XXXV.
Prohibited Payments
Payments to billers outside of the United States or
its territories are prohibited through the Service.
XXXVI.
Exception Payments
Tax payments and court ordered payments may be
scheduled through the Service; however, such
payments are discouraged and must be scheduled at
your own risk. In no event shall the Service be
liable for any claims or damages resulting from your
scheduling of these types of payments. The Service
guarantee as it applies to any late payment related
charges is void when these types of payments are
scheduled and/or processed by the Service. The
Service has no obligation to research or resolve any
claim resulting from an exception payment. All
research and resolution for any incorrectly applied,
posted or directed payments will be the sole
responsibility of you and not of the Service.