Agreement - This
Agreement, which includes the Fee Schedule and Enrollment
Form, is a contract which establishes the rules which
cover your electronic access to your accounts at Haven
Trust Bank ("BANK") through The Haven Trust
Connect ("SYSTEM"). By using SYSTEM, you accept
all the terms and conditions of this Agreement. Please
read it carefully.
The terms and conditions of the deposit agreements
and disclosures for each of your BANK accounts as well
as your other agreements with BANK such as loans, continue
to apply notwithstanding anything to the contrary in
this Agreement.
This Agreement is also subject to applicable federal
laws and the laws of the State of Georgia (except to
the extent this Agreement can and does vary such rules
or laws). If any provision of this Agreement is found
to be unenforceable according to its terms, all remaining
provisions will continue in full force and effect. The
headings in this Agreement are for convenience or reference
only and will not govern the interpretation of the provisions.
Any waiver (express or implied) by either party of any
default or breach of this Agreement must be in writing
and shall not constitute a waiver of any other or subsequent
default or breach. You may not assign this Agreement.
This Agreement is binding upon your heirs and BANK's
successors and assigns. Certain of the obligations of
the parties pursuant to this Agreement that by their
nature would continue beyond the termination, cancellation
or expiration of this Agreement shall survive termination,
cancellation or expiration of this Agreement. This Agreement,
together with the Enrollment Form and Fee Schedule,
constitutes the entire agreement between you and BANK
with respect to the subject matter hereof and there
are no understandings or agreements relative hereto
which are not fully expressed herein.
Definitions - As
used in this Agreement, the words "we", "our",
"us" and "BANK" mean Haven Trust
Bank. "You" and "your" refer to
the accountholder authorized by BANK to use SYSTEM under
this Agreement and anyone else authorized by that accountholder
to exercise control over the accountholder's funds through
SYSTEM. "Account" or "accounts"
means your accounts at BANK. "Electronic funds
transfers" means ATM withdrawals, preauthorized
transactions, point of sale transactions, transfers
to and from your BANK accounts using SYSTEM including
bill payments. "SYSTEM Services" means the
services provided pursuant to this Agreement. "Business
days" means Monday through Friday. Holidays are
not included.
Access - To use
SYSTEM, you must have at least one checking account
at BANK, access to Internet service, and an e-mail address.
Once we have received your signed Enrollment Form, and
verified your account information, we will send you,
either by e-mail or by postal mail, confirmation of
our acceptance of your enrollment, along with your assigned
log-in ID and temporary password. SYSTEM can be used
to access only the BANK accounts which you have designated
for access by SYSTEM in your Enrollment Form. You can
add or delete any of your BANK accounts from this Agreement
by completing a new Enrollment Form. Access to your
accounts through SYSTEM will be based upon the identification
of users and authority levels specified by you in your
Enrollment Form. We undertake no obligation to monitor
transactions through SYSTEM to determine that they are
made on behalf of the accountholder.
SYSTEM Services
- You can use SYSTEM to check the balance of your BANK
accounts, view BANK account histories, transfer funds
between your BANK accounts, order checks, make stop
payment requests, change your address, and pay bills
from your BANK accounts in the amounts and on the dates
you request if you have requested the Bill Payment Service
on your Enrollment Form.
Hours of Access
- You can use SYSTEM seven days a week, twenty-four
hours a day, although some or all SYSTEM services may
not be available occasionally due to emergency or scheduled
system maintenance. We agree to post notice of any extended
periods of non-availability on the SYSTEM website.
Your Password -
For security purposes, you are required to change your
password upon your initial login to SYSTEM. You determine
what password you will use and the identity of your
password is not communicated to us. You agree that we
are authorized to act on instructions received under
your password. You accept responsibility for the confidentiality
and security of your password and agree to change your
password regularly. Upon three unsuccessful attempts
to use your password, your access to SYSTEM will be
revoked. To re-establish your authorization to use SYSTEM,
you must contact us to have your password reset or to
obtain a new temporary password.
We recommend that you create a password that is not
associated with any commonly known personal identification,
such as social security numbers, address, date of birth,
names of children, and should be memorized rather than
written down.
Security - You understand
the importance of your role in preventing misuse of
your accounts through SYSTEM and you agree to promptly
examine your paper statement for each of your BANK accounts
as soon as you receive it. You agree to protect the
confidentiality of your account and account number,
and your personal identification information, such as
your driver's license number and social security number.
You understand that personal identification information
by itself, or together with information related to your
account, may allow unauthorized access to your account.
Your password and login ID are intended to provide security
against unauthorized entry and access to your accounts.
Data transferred via SYSTEM is encrypted in an effort
to provide transmission security and SYSTEM utilizes
identification technology to verify that the sender
and receiver of SYSTEM transmissions can be appropriately
identified by each other. Notwithstanding our efforts
to insure that the SYSTEM system is secure, you acknowledge
that the Internet is inherently insecure and that all
data transfers, including electronic mail, occur openly
on the Internet and potentially can be monitored and
read by others. We cannot and do not warrant that all
data transfers utilizing BANK SYSTEM, or e-mail transmitted
to and from us, will not be monitored or read by others.
Fees and Charges
- You agree to pay the fees and charges for your use
of SYSTEM Services as set forth in the current fee schedule.
You agree that all such fees and charges will be deducted
from the BANK checking account designated as the "Primary
Checking Account" on your Enrollment Form. If you
close your Primary Checking Account, you must contact
us immediately to designate another account as your
Primary Checking Account. You agree to pay any additional
reasonable charges for services you request which are
not covered by this Agreement. You are also responsible
for telephone and Internet service fees you incur in
connection with your use of SYSTEM.
Posting of Transfers
- Transfers initiated through SYSTEM are posted to your
account the same day. SYSTEM identifies transfers based
upon the login ID of the user who made the electronic
transfer. Accordingly, you understand and acknowledge
that the Transactions screens in the Transfer menu options
of SYSTEM will not reflect transfers made by multiple
users from the same account if different login ID's
are used. You agree to communicate with any other persons
with authorized transfer access to your accounts concerning
any transfers or bill payments from you accounts in
order to avoid overdrafts.
Overdrafts (Order of Payments, Transfers, and other
Withdrawals) - If your account has insufficient funds
to perform all electronic fund transfers you have requested
for a given business day, then:
a. Electronic funds transfers involving currency disbursements,
like ATM withdrawals, will have priority;
b. Electronic fund transfers initiated through SYSTEM
which would result in an overdraft of your account may,
at our discretion, be cancelled;
c. In the event the electronic fund transfers initiated
through SYSTEM which would result in an overdraft of
your account are not cancelled, overdraft charges may
be assessed pursuant to the terms of the deposit agreement
for that account.
Limits on Amounts and Frequency
of SYSTEM Transactions - The number of transfers
from BANK accounts and the amounts which may be transferred
are limited pursuant to the terms of the applicable
deposit agreement and disclosure for those accounts.
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.
Stop-Payment Requests
- You may initiate stop-payment requests online via
SYSTEM only for paper checks you have written (non-electronically)
on your BANK accounts (not SYSTEM bill payer paper drafts.)
Online stop-payment requests are processed at 9:00 a.m.
on the business day following the date the stop-payment
has been requested online. To be effective, this type
of stop-payment request must precisely identify the
name of the payee, the check number, the amount, and
the date of the check.
If you make your stop-payment request online or by
telephone, we may also require you to put your request
in the form of a paper writing and get it to us within
14 days after you call. You will incur stop-payment
charges as disclosed in the current fee schedule for
the applicable account. Stop-payment charges for SYSTEM
bill payment paper drafts will be assessed in addition
to the stop-payment charges for the applicable account.
Disclosure of Account Information
and Transfers - You understand information about
your accounts or the transfers you make may automatically
be disclosed to others. For example, tax laws require
disclosure to the government of the amount of interest
you earn, and some transactions, such as large currency
and foreign transactions, must be reported to the government.
We may also provide information about your accounts
to persons or companies we believe would use the information
for reasonable purposes, such as when a prospective
creditor seeks to verify information you may have given
in a credit application or a merchant calls to verify
a check you have written. In addition, we routinely
inform credit bureaus when accounts are closed because
they were not handled properly. We may also seek information
about you from others, such as the credit bureau, in
connection with the opening or maintaining of your account
or in connection with approving your access to SYSTEM.
You agree and hereby authorize all of these transfers
of information.
Periodic Statements
- You will not receive a separate SYSTEM statement.
Transfers to and from your accounts using SYSTEM will
appear on the respective periodic paper statements for
your BANK accounts.
Change in Terms
- We may change any term of this Agreement at any time.
If the change would result in increased fees for any
SYSTEM service, increased liability for you, fewer types
of available electronic fund transfers, or stricter
limitations on the frequency or dollar amount of transfers,
we agree to give you notice at least 21 days before
the effective date of any such change, unless an immediate
change is necessary to maintain the security of an account
or our electronic fund transfer system. We will post
any required notice of the change in terms on the BANK
SYSTEM website or forward it to you by e-mail or by
postal mail. If advance notice of the change is not
required, and disclosure does not jeopardize the security
of the account or our electronic fund transfer system,
we will notify you of the change in terms within 30
days after the change becomes effective. Your continued
use of any or all of the subject SYSTEM Services indicates
your acceptance of the change in terms. We reserve the
right to waive, reduce or reverse charges or fees in
individual situations. You acknowledge and agree that
changes to fees applicable to specific accounts are
governed by the applicable deposit agreements and disclosures.
In Case of Errors or Questions
about Your Electronic Transfers - Contact us
as soon as you can, if you think your paper statement
is wrong, or if you need more information about a transfer
listed on your paper statement. We must hear from you
no later than 60 days after we sent the FIRST paper
statement upon which the problem or error appeared.
When you contact us:
(1) Tell us your name and account number.
(2) Describe the error or 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.
(3) Tell us the dollar amount of the suspected error.
If you contact us by telephone or by e-mail, we may
require that you send us your complaint or question
in the form of a paper writing by postal mail or fax
within 10 business days.
We will communicate to you the results of our investigation
within 10 business days after you contact us 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 provisionally
credit your account 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 WE DO NOT receive
it in the form of a paper writing within 10 business
days, we may not provisionally 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 that we used in our investigation.
If we have made a provisional credit, a corresponding
debit will be made from your account.
Our Liability for Failure
to Make a Transfer - If we do not complete a
transfer to or from your account, including a bill payment,
on time or in the correct amount, according to our agreement
with you when you have properly instructed us to do
so, we will be liable to you for your losses or damages
caused as a result. However, there are some exceptions.
We will NOT be liable, for instance:
(1) If, through no fault of ours, you do not have enough
money in your account to make a transfer.
(2) If a legal order directs us to prohibit withdrawals
from the account.
(3) If your account is closed, or if it has been frozen.
(4) If the transfer would cause your balance to go
over the credit limit of an established line of credit
or the credit limit for any credit arrangement set up
to cover overdrafts.
(5) If you, or anyone authorized by you, commits any
fraud or violates any law or regulation.
(6) If any electronic terminal, telecommunication device,
or any part of the SYSTEM electronic fund transfer system
is not working properly and you knew about the problem
when you started the transfer.
(7) If you have not properly followed the on-screen
instructions for using SYSTEM.
(8) If circumstances beyond our control (such as fire,
flood, interruption in telephone service or other communication
lines) prevent the transfer, despite reasonable precautions
that we have taken.
Your Liability for Unauthorized
Transfers - CONTACT US AT ONCE if you believe
your password has been lost, stolen, used without your
authorization, or otherwise compromised, or if someone
has transferred or may transfer money from your accounts
without your permission. An immediate telephone call
to us is the best way to reduce any possible losses.
You could lose all the money in your accounts (plus
your maximum overdraft line of credit, if any). If you
contact us within 2 business days after you learn of
the loss, theft, compromise, or unauthorized use of
you password, you can lose no more than $50 if someone
used your password without your permission.
If you do NOT contact us within 2 business days after
you learn of the loss, theft, compromise, or unauthorized
use of your password, and we can prove we could have
stopped someone from using your password to access your
accounts without your permission if you had told us,
you could lose as much as $500.
Also, if your paper statement shows transfers that
you did not make, contact us at once. If you do not
tell us within 60 days after the paper statement was
mailed to you, you may not get back any money you lost
through transactions made after the 60 day time period
if we can prove that we could have stopped someone from
taking the money if you had told us in time. If a good
reason (such as a long trip or hospital stay) kept you
from contacting us, we will extend the time periods.
Disclaimer of Warranty
and Limitation of Liability - We make no warranty
of any kind, express or implied, including any implied
warranty of merchantability or fitness for a particular
purpose, in connection with the SYSTEM Services provided
to you under this Agreement. We do not and cannot warrant
that SYSTEM will operate without errors, or that any
or all SYSTEM Services will be available and operational
at all times. Except as specifically provided in this
Agreement, or otherwise required by law, you agree that
our officers, directors, employees, agents or contractors
are not liable for any indirect, incidental, special
or consequential damages under or by reason of any services
or products provided under this Agreement or by reason
of your use of or access to SYSTEM, including loss of
profits, revenue, data or use by you or any third party,
whether in an action in contract or tort or based on
a warranty. Further, in no event shall the liability
of BANK and its affiliates exceed the amounts paid by
you for the services provided to you through SYSTEM.
Your Right to Terminate
- You may cancel your SYSTEM service at any time by
providing us with written notice by postal mail or fax.
Your access to SYSTEM will be suspended within 3 business
days of our receipt of your instructions to cancel the
service. You will remain responsible for all outstanding
fees and charges incurred prior to the date of cancellation.
Our Right to Terminate
- You agree that we can terminate or limit your access
to SYSTEM Services for any of the following reasons:
1. Without prior notice, if you have insufficient funds
in any one of your BANK accounts. SYSTEM service may
be reinstated, in our sole discretion, once sufficient
funds are available to cover any fees, pending transfers,
and debits.
2. Upon 3 business days notice, if you do not contact
us to designate a new Primary Checking Account immediately
after you close your Primary Checking Account.
3. Upon reasonable notice, for any other reason in
our sole discretion.
Communications between
BANK and You - Unless this Agreement provides
otherwise, you can communicate with us in any one of
the following ways: E-mail -You can contact us by e-mail
at customerservice@HavenTrustbank.com (Please note that
banking transactions through SYSTEM are not made via
e-mail.)
Telephone - You can contact us by telephone at (678)
957-5500
Postal Mail - You can write to us at:
Haven Trust Bank
6340 Sugarloaf Parkway, Ste. 100
Duluth GA 30097
Consent to Electronic Delivery
of Notices - You agree that any notice or other
type of communication provided to you pursuant to the
terms of this Agreement, and any future disclosures
required by law, including electronic fund transfer
disclosures, may be made electronically by posting the
notice on the BANK SYSTEM website or by e-mail. You
agree to notify us immediately of any change in your
e-mail address. |
