| 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.
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. |
