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Manasquan Savings Bank
Online Banking Customer Agreement And Disclosure Statement
In this agreement, "you," "your,"
and "yours" refer to each of you that will
be using the Online Banking services described in this
agreement. "We," "us," "ours,"
and "Bank" refer to Manasquan Savings Bank.
"Account" refers to your qualified deposit
and loan accounts for Manasquan Savings Bank Online
Banking services. This agreement contains the terms
and conditions governing the Manasquan Savings Bank
Online Banking services for which you have applied.
The Manasquan Savings Bank Online Banking Service is
an electronic banking and information service, which
permits you through the use of your personal computer,
and your Internet Service Provider to access designated
deposit Accounts, and if applicable, your overdraft
line of credit Account through the Internet using an
Internet browser.
1.Use
of Online Banking. To become eligible to use Online
Banking, you must open or maintain a deposit account
at Manasquan Savings Bank and you must complete an application.
If your application is accepted, before you use Online
Banking, you should read this Agreement and the Tutorial
that is available through Online Banking. Your use of
any of the online banking services available through
Manasquan Savings Bank means that you agree to the terms
and conditions stated in this Agreement.
2.Deposit,
Overdraft Line of Credit and Home Equity Line of Credit
Agreements: The terms and conditions in this Agreement
are in addition to any deposit account, overdraft line
of credit or other agreement you have with us relating
to your Accounts, including any disclosures made pursuant
to such agreements. You must maintain your Account in
good standing with Manasquan Savings Bank in order to
perform transactions through those Accounts using Online
Banking.
3.Equipment
Requirements. a) Use of Computer and Software. The
installation, maintenance and operation of your equipment,
including but not limited to, your computer, modem,
software, and Internet access through your Internet
access provider is your responsibility. We are not responsible
for any errors or failures from any malfunction of your
equipment and software or Internet access provider,
and we are not responsible for any computer virus or
related problems that may be associated with the use
of Online Banking. WE DISCLAIM ALL WARRANTIES REGARDING
YOUR COMPUTER AND YOUR SOFTWARE AND THE MANASQUAN SAVINGS
BANK INTERNET WEBSITE THROUGH WHICH ONLINE BANKING IS
ACCESSED, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. Your software may include
other functions and features (such as home budgeting
and mortgage comparisons) which are not associated with
Manasquan Savings Bank's Online Banking, and for which
we are not responsible.
We
are not responsible for any damages arising from the
use or maintenance of software that we did not provide
that you use to access or communicate with Manasquan
Savings Bank's Online Banking. You agree that we are
not responsible for any failure or loss caused by such
financial software or if any of your personal hardware
or software is not compatible with our system.
4.Description
of Services Available. Manasquan Savings Bank Online
Banking allows you to perform some or all of the following
functions for your qualified Accounts.
- Obtain
Account balances and transaction information for your
Accounts
- Transfer
funds between your Accounts
- Send
electronic mail to us
- Make
payments to any person or business (a "payee")
in the United States
- Schedule
and make future payments
- Set
up automatic, recurring future payments
- Review,
change and cancel payments
- Transfer
funds from a deposit account to make payments on consumer
or mortgage loan accounts with us
- Obtain
a loan advance from your home equity line of credit
account
These features are limited by and subject to the terms
set forth below:
(a)
Your ability to transfer funds from your savings and
money market Accounts is limited by federal law, as
stated in the Manasquan Savings Bank Disclosure of Account
Terms. By law there is a maximum of six transfers from
these Accounts per monthly statement cycle initiated
on your computer (or by means than telephone, wire or
pre-authorized transfers), of which no more than three
in the aggregate may be made by check or debit card
(other than a withdrawal from an automated teller machine
("ATM").
(b)
There may be a one (1) business day delay in transferring
funds between designated Accounts depending upon the
day and time on which you request the transfer. Transfers
are subject to availability.
(c)
A transfer from an overdraft line of credit Account
will be treated as a cash advance from that Account
and is subject to the Agreement that governs that Account.
Other than your overdraft line of credit Account, which
you can access by overdrawing your checking Account,
credit Accounts cannot be accessed through Manasquan
Savings Bank's Online Banking.
(d)
No transfers may be made from any account that requires
two or more signatures.
(e)
Balance and transaction information provided on any
day may be current only as of the close of business
on the preceding day. Transactional information for
your Accounts will be available for your current statement
cycle.
(f)
Electronic mail ("E-mail") sent by you may
not be immediately received by us. See section 9 if
you need to contact us immediately (for example, to
report an unauthorized transaction from an Account,
to stop payment on a check, to report a lost or stolen
check/ATM card). No action will be made on your E-mail
request until we actually receive your message and have
a reasonable opportunity to act. An E-mail confirmation
will be sent to you as confirmation of our receipt of
your message and to detail the action we have taken.
(g)
For security reasons, we may limit the frequency and
dollar amount of transactions from your Account.
(h)
Transfers to make payments on loan accounts you have
with us must be for the amount due.
(i)
After we receive your authorization for payment to a
payee, the payment will be made either by transferring
funds electronically from your Account to the payee
or by preparing a check from your account and sending
the check to the payee. By authorizing a payment, you
authorize the preparation and payment of such checks
from the Account without your signature. We may pay
checks, electronic payments, withdrawal tickets or instruments
drawn on your Account in any order which we decide.
You must have enough available funds in your Account
to complete the payment and should be aware that other
transactions (such as ATM or in-branch withdrawals)
may affect your Account balances.
(j)
Your bill payment instructions should be received at
least eight (8) business days before the business day
on which a payment is due. In order for a payment instruction
to be considered received on a specific date, it must
be received prior to 6:00 p.m. (Eastern Standard Time).
Payment instructions received on weekends or holidays
will be considered received the next business day. We
are not responsible for delays in delivery of payments
caused by the U.S. Postal Service, so you must authorize
your bill payment in such a manner that your payments
will be made on time. Any late payment or finance charges
that may be imposed as a result of your failure to transmit
payment instructions at least eight (8) business days
before a payment is due will be your responsibility.
Our responsibility for any late payment or finance charges
is limited by Section 10.
(k)
Only payees with United States addresses may be paid
using Manasquan Savings Bank's Online Banking. We reserve
the right to refuse to pay certain payees.
(l)
Manasquan Savings Bank's Online Banking may be used
to authorize automatic recurring payments of recurring
bills. These payments must be for the same amount each
month and they will be paid on the same calendar day
of each month, or on the preceding business day if the
regular payment day falls on a weekend or holiday.
(m)
When you have entered and transmitted a payment instruction,
you authorize us to reduce the Account accordingly.
If the available balance in the Account (including any
overdraft line of credit) is not sufficient to make
payments you have authorized, we may either refuse to
pay the item or we make the payment and thereby overdraw
the Account. In either event, you are responsible for
any insufficient funds and overdraft charges we may
impose, as stated in the Disclosure of Account Terms
and related Schedule of Charges. We reserve the right
to refuse to honor payment requests that reasonably
appear to be fraudulent or erroneous.
(n)
The following steps may be taken to void or stop bill
payments:
| (i)
Voiding Payments. If you have scheduled a
payment request, you may use Online Banking to void
the payment (if, for example, a payment date or
a payment amount is incorrect) if the voiding request
is transmitted before the business day on which
the payment is scheduled to be made. The day the
payment is scheduled to be made is that day which
is at least eight (8) business days before the payment
due date when we are scheduled to transmit the payment.
You will be responsible for the payment if your
voiding request is not received before the business
day on which payment is scheduled to be made and
you fail to stop payment. If you cannot access Online
Banking to void the payment and you wish to stop
the payment, refer to (ii) below.
(ii)
Stopping Regular and Automatic Recurring Payments.
If you cannot access Online Banking to void the
payments described in (i) above and you wish to
stop a payment, call or write to us at the phone
number or address set forth in Section 9 in time
for us to receive your request three (3) business
days or more before the payment is scheduled to
be made. The day the payment is scheduled to be
made is that day which is at least eight (8) business
days before the payment due date when we are scheduled
to transmit the payment.
(iii)
Liability for Failure to Stop Payment.
You cannot stop a payment after it has been transmitted.
If you order us to stop one of your payments three
(3) business days or more before the transfer
is scheduled to be transmitted, and we do not
do so, we will be liable for your losses or damages.
We are not responsible for any indirect, incidental,
special, or consequential damages, except to the
extent such limitation of liability is not permitted
by law.
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(o)
We may modify the services available through Online
Banking from time to time in accordance with applicable
law. Additional services may become accessible in the
future. As each becomes available you will be provided
with a description of each such service and account
fees associated with these services, and you will be
given the opportunity to access each through Online
Banking. Your use of these new services or accounts
shall mean that you agree to any additional terms and
conditions as well as payment of fees. Also, we reserve
the right to delete or modify any services or accounts
from Online Banking.
5.User
Name and Password. Prior to your first use of Online
Banking we will provide you with a user name and temporary
password that you will need to access Online Banking.
You agree to access your Online Banking service immediately
and change your temporary password to a new password
that you choose. You agree to keep your user name
and password confidential to prevent unauthorized access
to your Accounts and to prevent unauthorized use. Your
user name and password may be revoked or canceled at
any time without giving you prior notice to assist us
in maintaining the security of your Accounts. The
user name and password are used to identify you as an
authorized user of Online Banking. You therefore agree
to notify us immediately if the secrecy of your user
name or password is compromised and you also agree not
to reveal your user name or password to any person not
authorized by you to use Online Banking. Anyone to whom
you give your Online Banking user name and password
or other means of access will have access to your accounts
even if you attempt to limit that persons authority.
The security of your Accounts depends upon you maintaining
the secrecy of your user name and password. If you
believe that the secrecy of your user name or password
has been compromised you should call us AT ONCE at the
number in Section 9, and you should change your password
in accordance with the Online Banking instructions.
We
recommend that you change your password often and that
you keep your user name and password in a secure location
separate from your computer. If you forget your user
name or password, you must contact us to have a new
user name and/or password issued to you. It may take
several days before you receive this new user name or
password.
6.Periodic
Statements. Your periodic statements for your Accounts
will include any transfers, loan advances from your
overdraft line of credit and home equity line of credit
or bill payments you authorize using Online Banking,
as well as your other Account activity. We do not return
your Online Banking bill payment checks to you with
your statement.
7.Business
Days and Hours of Operation. Although we have extended
banking hours, for the purposes of this Online Banking
Agreement, our business days for transfers and bill
payments are Monday through Friday. Holidays are not
included. Online Banking can only make transfers and
bill payments on business days. Transfers scheduled
at other times will take place the following business
day. Please note: Online Banking may not be available
during special maintenance periods. We will attempt
to schedule any maintenance between midnight and 6:00
a.m.
8.Your
Liability. You are responsible for all transfers
and bill payments you authorize using Online Banking.
If you permit other persons to use Online Banking or
your user name or password, you are responsible for
any transactions they authorize from your accounts.
Tell
us AT ONCE if you believe your user name and/or password
has been lost or stolen. Telephoning, as provided in
Section 9, is the best way to limit your possible losses.
You could lose all the money in your deposit accounts
(plus your maximum overdraft line of credit). If you
tell us within two (2) business days, after you learn
of the loss or theft of your user name or password,
you can lose no more than $50 from each deposit account
if someone used your user name and password to access
your deposit account without your permission.
If
you do NOT tell us within two (2) business days after
you learn of the loss or theft of your user name or
password, and we can prove we could have stopped someone
from using your user name or password without your permission
if you had told us, you could lose as much as $500 from
each deposit account.
Also,
if your statement shows transfers from a deposit account
that you did not make, tell us at once. If you do not
tell us within 60 days after the first statement on
which the problem or error appeared 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 a long trip or hospital stay)
kept you from telling us, we will extend the time periods.
With
regard to your overdraft line of credit account, refer
to your overdraft line of credit Agreement for any applicable
limitations on your liability in connection with unauthorized
use of your overdraft line of credit accounts.
9.Contact
in Event of Lost or Stolen User Name or Password or
Unauthorized Transactions. If you believe that your
user name or password has been lost or stolen or that
someone transferred or may transfer money from your
designated Account or from any of your other deposit
Accounts without your permission, call us immediately
during regular business hours Monday through Wednesday
8:30A.M. - 4:00P.M., Thursday 8:30A.M. - 6:00P.M., Friday
8:30A.M. - 7:00P.M., Saturday 9:00A.M. - 12:00 Noon
at: (732) 223-2882, (732) 223-4450 or (732) 899-2086.
Or
write us at:
Manasquan Savings Bank
P.O. Box E
Manasquan, NJ 08736-0635
10.Our Liability. We will be responsible for
your actual losses if they were directly caused by our
failure to complete a transfer to or from your Accounts
on time or in the correct amount according to our agreements
with you. However, there are some exceptions. We will
not be liable, for instance:
(a)
If, through no fault of ours, you do not have available
funds in your Account to complete a transaction from
that Account, or if withdrawals from any of your Accounts
have been prohibited by a court such as a garnishment
or other legal process, or that Account has been closed.
(b)
If the transfer or bill payment would go over the credit
limit on your overdraft line of credit.
(c)
If you do not have an adequate credit limit in your
overdraft line of credit Account to complete a transaction
from that Account, or if that Account has been closed.
(d)
If your computer, software, or Internet service provider
fails or malfunctions.
(e)
If you have not given us complete, correct and current
instructions so that we can make a transfer or bill
payment.
(f)
If you do not authorize a bill payment soon enough for
your payment to be made and properly credited by the
payee by the time it is due.
(g)
If we make a timely bill payment but the payee nevertheless
does not credit your payment promptly after receipt.
(h)
If we have reason to believe that a transaction has
not been properly authenticated or is fraudulent.
(i)
If Online Banking was not working properly and you knew
or should have known about the breakdown when you attempted
to authorize a transfer or bill payment.
(j)
If circumstances beyond our control prevent the making
of a transfer or payment, despite reasonable precautions
that we have taken. Such circumstances include delays
or losses of payments caused by the U.S. Postal Service,
equipment failure or breakdown, acts of God or other
conditions beyond our control. We will be responsible
for acting only on those instructions sent through Online
Banking, which we actually receive.
(k)
For other exceptions to our liability as stated in the
Electronic Funds Transfer Agreement.
(l)
For any indirect, incidental, special or consequential
damages if our failure was not intentional and resulted
from a bona fide error, notwithstanding our procedures
to avoid such error.
11.Error
Resolution. In case of errors or questions about
your transactions, contact us immediately.
Telephone
us during regular business hours. See Item #7 for hours
and telephone numbers.
Or
write us at:
Manasquan Savings Bank
P.O. Box E
Manasquan, NJ 08736-0635
For
Home Equity or Overdraft Line of Credit Account Transactions:
Write or telephone us, during business hours, at the
address set forth in your overdraft line of credit Agreement
or periodic statement. For overdraft line of credit
account transactions, if you telephone us instead of
writing, you may lose certain rights the law gives you
to dispute billing errors.
If
you think your statement is wrong or if you need more
information about a transaction listed on the statement,
we must hear from you no later than sixty (60) days
after we sent the FIRST statement on which the problem
or error appeared. You must:
- Tell
us your name and account number(s)
- 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 orally, we require that you send us your
complaint or question in writing within ten (10) business
days.
(a)
Deposit Accounts. We will tell you the results of our
investigation within ten (10) business days after we
hear from you and will correct any error promptly. (we
may extend this time period to 20 business days if the
error occurred within 30 business days of the first
deposit to your account.) If we need more time, however,
we may take up to 45 days to investigate your complaint
or question. (If the complaint or question concerned
a transaction that was initiated in a foreign country,
a point of sale transaction, or a transaction that occurred
within 30 days of the first deposit to your Account,
we may take up to 90 days to complete our investigation.)
If we decide to do this, we will re-credit your deposit
Account within ten (10) business days (20 business days
if the error occurred within 30 days of the first deposit
to your Account) for the amount you think is in error,
so that you will have use of the money during the time
it takes us to complete our investigation. If we ask
you to put you complaint or question in writing and
we do not receive it within ten (10) business days,
we may not re-credit your deposit account.
If
we decide that there was no error, we will send you
a written explanation within three (3) business days
after we finish our investigation. You may ask for copies
of the documents that we used in our investigation.
(b)
Overdraft Line of Credit Accounts. You do not have to
pay any amount in question while we are investigating,
but you are still obligated to pay the parts of your
credit account bill that are not in question. While
we investigate your question, we cannot report the amount
in question as delinquent or take any action to collect
the amount you question.
12.Charges
for Online Banking. There are no fees for Online
Banking or Online Bill Payment, however, the service
charges and fees provided for in our deposit and overdraft
line of credit agreements continue to apply.
13.Disclosure
of Account Information to Others. We will disclose
information to third parties about you, your Accounts
or the transfers you make under the following circumstances:
(a)
We have entered into an agreement to have another party
assisting us in providing Online Banking services. In
order to carry out your instructions, we will provide
this party with, or it will receive from you, information
about your designated Accounts, your Online Banking
transactions and your E-mail messages;
(b)
Where it is necessary for completing transfers and bill
payments;
(c)
In order to report our experience regarding your Accounts
or transactions to financial institutions and credit
reporting agencies;
(d)
To collect any debt that you may owe to us;
(e)
We may collect customer Account data for the purpose
of learning about aggregate customer usage patterns,
customer telephone inquires, and the effectiveness of
Online Banking, but shall not disclose individual identifiable
information except as provided in this Section;
(f)
In order to comply with laws, governing agency rules
or orders, court orders, subpoenas or other legal processes
in order to give information to any government agency
or official having legal authority to request such information;
or
(g)
If you give us your written permission or if you have
signed a Consent Form to Share Customer Information.
14.Data
Recording. The information and E-mail messages you
enter on Online Banking may be recorded. By using Online
Banking, you consent to such recording.
15.Amendment
to this Agreement. We may at any time (subject to
legal restrictions) amend this Agreement. We will notify
you of any amendment to this Agreement prior to the
effective date of the amendment, if required by law.
Online Banking and your Accounts will be governed by
the Agreement as amended.
16.Assignment.
We may assign our rights and delegate our duties under
this Agreement to any other party.
17.Termination.
This Agreement and your ability to use any or all of
Online Banking may be terminated at any time by you
or us upon giving notice of the termination to the other
party. If you terminate Online Banking, you authorize
us to continue making transfers, loan advances and bill
payments you have previously authorized until such time
as we have had a reasonable opportunity to act upon
your termination notice. Once we have acted upon your
termination notice, we will make no further transfers,
loan advances or payments from your Accounts, including
any transfer, loan advance or payments you have previously
authorized. If we terminate your use of Online Banking,
we reserve the right to make no further transfers, loan
advances or payments from your Accounts, including any
transactions you have previously authorized.
18.Severability.
If any provision of this Agreement is held invalid,
illegal, void or unenforceable by any rule or law, administrative
order or judical decision, all other provisions of the
Agreement shall remain in full force.
19.Governing
Law. This Agreement is governed by and shall be
constructed in accordance with the laws of the State
of New Jersey and applicable federal law.
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