ONLINE BANKING ELECTRONIC FUNDS TRANSFERS
DISCLOSURE This agreement for Coconut Grove Bank Online Banking
("Agreement") is entered into between the Bank and any
customer who uses Coconut Grove Bank's Online Banking and Bill Payer
services . This Agreement governs the terms and conditions for your
use of Online Banking. Your Checking and Savings Accounts are governed
by the Bank's "Deposit Account and Electronic Funds Transfer
Agreement." Please refer to that Agreement for information
regarding your accounts. I. DEFINITIONS II. AGREEMENTS III. COMPUTER
REQUIREMENTS IV. TERMS AND CONDITIONS
V. INCLUDED ACCOUNTS VI. INTERNET BANKING FUNCTIONS VII. BILL PAYER
FUNCTIONS VIII. SECURITY PASSWORD IX. CHARGES FOR ONLINE BANKING
X. REPORTING UNAUTHORIZED TRANSACTIONS XI. PERIODIC STATEMENTS XII.
CUSTOMER'S RESPONSIBILITY XIII. BANK'S RESPONSIBILITY XIV. NO SIGNATURE
REQUIRED XV. CHANGES TO THIS AGREEMENT XVI. ASSIGNMENT XVII. TERMINATION
XVIII. INACTIVITY
XIX. SEVERABILITY XX. GOVERNING LAW I. DEFINITIONS "Customer"
is defined as the individual utilizing the services of Online Banking.
"Account" is defined as the Checking Account the Customer
designates as their Primary Account for Online Banking to pay bills
and have service charges deducted. For business customers, only
the Business Checking Account may be used as a Primary Account.
"Bank" is Coconut Grove Bank. "Block" is an
Online Banking account status which prevents current and pending
bill pay transactions from being made. "Business Day"
means every day, except Saturdays, Sundays and Federal and State
holidays. "Initiated Date" is the date upon which the
Customer instructs the Bank to execute transfer(s) or pay bill(s).
"Insufficient Funds" means that the amount of funds in
an account is less than the amount of an item or transaction being
presented for payment or execution. "In Transit" payment
is a bill payment, which has been initiated by the customer and
payment may or may not have been received by the Payee. "Online
Banking" is the proprietary software that provides access to
accounts via online Internet Banking and Bill Payer services. "Primary
Account" see definition of Account above. "Service"
means Online Banking. "Unavailable Funds" means that the
amount of available funds in the account is less than the amount
of an item or transaction being presented for payment or execution.
"We," "us," "our" mean the Bank. "You,"
"your" mean each Customer of Online Banking. II. AGREEMENTS
This Agreement contains the terms and conditions of Online Banking.
If you use Online Banking, or permit another person to use Online
Banking, each party agrees to the Terms and Conditions stated in
this Agreement. You authorize the Bank and appropriate third parties
to debit, transfer and process instructions initiated at your PC.
A. Personal and Commercial Deposit Account Agreement. The terms
and conditions of any Personal Deposit Account Agreements or Commercial
Deposit Account Agreements you have with us, including your signature
card, Personal Accounts Disclosures & Schedule of Fees booklet,
the accompanying schedules, other Account disclosures and any change
of terms notices are part of this Agreement. B. Electronic Fund
Transfers Act. Some of the transactions permitted under this Agreement
are governed by the Electronic Fund Transfer Act, and some of the
terms and conditions of this Agreement are disclosures required
by the Act. Business Accountholders are not entitled to those rights
provided to Consumers by the Electronic Fund Transfer Act. Therefore,
the Electronic Fund Transfer Disclosure is not applicable to Business
Accounts. III. COMPUTER REQUIREMENTS In order to use Online Banking,
you will need the type of computer, related equipment and software
described below: A IBM PC computer or compatible or Macintosh; the
operating system must be Windows 95 or higher; net browser should
be a Netscape Navigator version 4.05 or better or Microsoft Internet
Explorer* version 4.0 or better; 128 bit Encryption Plug, Java Script
and cookies must be enabled; a modem 28 KBPS or better; and Internet
access through an Internet Service Provider (ISP); and, must have
an email address. IV. TERMS AND CONDITIONS A. Online Banking. Coconut
Grove Bank hereby publishes the following terms and conditions for
the Customer's use of the Internet to access Coconut Grove Bank
via Online Banking. The Bank reserves the right to modify these
terms and conditions at any time, effective upon publication. The
Customer's use of the Online Banking service constitutes agreement
to these terms and conditions and any modification thereof. 1. You
agree that the following uses of Online Banking are strictly prohibited:
a. Use of Online Banking for wire transfers of funds; b. Unauthorized
communication of any charge or credit card information belonging
to any other person or entity; c. Unauthorized communication of
any information concerning any password or other online access number,
code, or identification or any other proprietary information belonging
to any other person or entity; d. To copy, distribute or transmit
copies of copyrighted materials belonging to any other person or
entity is permitted only to the extent that the owner has provided
express permission to the Customer permitting such activity. Copying,
distributing or transmitting copyrighted materials, other than with
permission as specified above is expressly prohibited. e. Communicating
any obscene or defamatory information including but not limited
to online bulletin boards or in conjunction with conferences or
e-mail; or f. In violation of any telecommunication, postal or other
local laws or regulations of the Customer's country of origin or
the United States, or in furtherance or commission of any crime
or other unlawful or improper purpose. 2. You agree to indemnify,
hold harmless, and defend Coconut Grove Bank from and against any
and all claims, actions, suits, judgments and expenses (including
court costs and reasonable attorney, accountant and expert witness
fees and other associated costs) at Customer's sole expense, arising
from Customer's failure to abide by these restrictions on use of
the Online Banking service. B. Coconut Grove Bank and its suppliers
make no warranties or representation of any kind with respect to
Online Banking, whether expressed or implied, including but not
limited to merchantability or fitness for particular purpose. Neither
Coconut Grove Bank nor its suppliers nor anyone else who has been
involved in the creation, production or delivery of Online Banking
assume any responsibilities with respect to the Customer's use thereof.
No oral or written information or advice given by Coconut Grove
Bank or its suppliers or any of their employees shall create a warranty
or in any way increase the scope of this warranty. The Customer
may not rely on any such information or advice. Any cause of action
concerning Online Banking under this Agreement must be commenced
within one year after such cause of action has accrued. The foregoing
constitutes Coconut Grove Bank's sole and exclusive liability to
the Customer with respect to your use of Online Banking. C. Customer
further agrees: 1. Transmission of confidential business and sensitive
personal information is at your sole risk. 2. Coconut Grove Bank
reserves the right to monitor and review electronic transmissions
online and in storage, and to remove or reject any material which
Coconut Grove Bank, at its sole discretion, believes may be unlawful
or objectionable, without prior notice to you. D. Bill Payer. Coconut
Grove Bank hereby publishes the following terms and conditions for
the Customer's use of bill payment services via personal computer
or any other device as may be offered by Coconut Grove Bank. Coconut
Grove Bank reserves the right to modify these terms and conditions
at any time, effective upon publication. Customer's use of bill
payment services constitutes agreement to these terms and conditions
and any modification thereof. E. You agree to accurately follow
product use instructions contained within the Online Banking tutorial
and help screens available on the internet. F. You agree to schedule
bill payments (payment transaction date) at least five (5) business
days before the due date, not including any grace period. G. You
agree to provide correct payee name, address, account information
and payment amount. H. You agree to maintain sufficient available
funds in the primary Checking Account on the payment initiated date.
I. You agree to notify Coconut Grove Bank or its authorized agent
immediately after Customer receives the FIRST bank statement on
which Customer believes a problem or error occurred. J. Online Banking
may not be used to transmit alimony, child support or other court-directed
payments or tax payments. If a payee is paid late and you have followed
the terms of this agreement, the Bank will reimburse you for any
late payment fees incurred and provide you with a letter acknowledging
that the late payment occurred through no fault of yours. V. INCLUDED
ACCOUNTS A. To use Online Banking, individual customers must have
at least one Personal Checking Account; business customers must
have at least one Business Checking Account (Primary Checking Account)
with Coconut Grove Bank. The Checking Account you designate at the
time you enrolled for Online Banking will be the checking account
from which all bills will be paid. Any other charges associated
with the Service will also be deducted from the designated account.
Accounts with certain restrictions, i.e. two signatures required,
can not be accessed through Online Banking. B. You will also have
access to updated balance and transaction information for all Coconut
Grove Bank deposit and loan accounts which you choose to include
on the Online Banking service. VI. INTERNET BANKING FUNCTIONS You
may use Online Banking to: (A) transfer funds between your accounts,
(B) obtain account balances and transaction information for your
included deposit and loan accounts and C) make loan payments from
your Primary Checking Account. These features of Online Banking
are limited to the extent of and are subject to the terms noted
below: A. Transfer funds. You may transfer funds via Online Banking
between your Checking and Savings or Money Market Accounts only.
You may also make payments to your loan accounts from your Primary
Checking Account. We reserve the right to limit the frequency and
dollar amount of transactions between your accounts for security
reasons. Your ability to transfer funds between certain accounts
may be limited by applicable Federal and State law. Transfers from
joint accounts where the joint accountholder has not provided written
authorization for access through Online Banking are not allowed.
However information on those accounts may be viewed in Online Banking.
You may transfer available funds from your Equity line accounts
to your Primary Checking Account Transfers to pay loans through
internet banking shall be applied in the manner stated in the note
for the loan. Funds transfers initiated before 3:00
P.M. Eastern Standard Time (EST) will be made on the same business
day. Transfers initiated after 3:00 P.M. EST will be made on the
following business day. B. Account Information. The account information
that you access via Internet Banking will generally be current as
of the previous Business Day. Information* will be accessible for
6 months.
C. Electronic Mail. Electronic mail will not necessarily be received
immediately. Therefore, do not rely on electronic mail if you need
to communicate with us immediately. We will not take action on your
e-mail request until we actually receive your message and have a
reasonable opportunity to act. VII. BILL PAYER FUNCTIONS
A. Usage. You may use Online Banking Bill Payer to make payments
from your Primary Checking Account. B. Bill Payments. To pay bills
using Bill Payer, you must use your PC to authorize a payment to
a particular payee. Your payment will be made either by transferring
funds electronically to the payee, or by sending the payee a paper
check. The appropriate funds will be withdrawn from your checking
account within two Business Days of the day you initiate payment.
Payments can only be made to payees with United States addresses.
While most payees can be paid by using Bill Payer, we reserve the
right to refuse to pay certain payees. C. Password Authorization.
You agree that your Online Banking Password is your signature authorization
to make payments as requested through Online Banking. When you enter
your password and transmit a payment instruction, you authorize
us to reduce your Primary Checking Account accordingly. D. Recurring
Payments. You may use Bill Payer to authorize automatic recurring
payments in order to pay recurring bills. These payments must be
for the same amount each month and will be paid on the same calendar
day of each month, or the following business day if the regular
payment day falls on a weekend or holiday. E. Insufficient/Unavailable
Funds. When you have transmitted payment instruction, you authorize
us to reduce the funds in your Checking Account accordingly. If
there are insufficient/unavailable funds in the Account to make
payments, we may either refuse to pay the item or we may make the
payment. In either event, you are responsible for any non-sufficient
funds (NSF) or uncollected funds charges we may impose, as stated
in the Deposit Agreement. We also reserve the right to refuse to
honor payment requests that reasonably appear to us to be fraudulent
or erroneous. By overdrawing the customer's account the Bank shall
not be obligated to honor any future overdrafts. F. Online Banking
Blocks. Your ability to make transfers and or bill payments through
the Online Banking service may be blocked if you have had activity
which has overdrawn your account or where the Bank has executed
a bill payment or funds transfer, which the Bank has not received
sufficient funds to cover those payments and/or transfers. G. Scheduling
Payments. When using Bill Payer you should enter and transmit your
bill payment instructions at least five (5) business days before
a bill is due. It is your responsibility to initiate your payments
in such a manner that your bills may be paid on time. You are responsible
for any late payment or finance charges that may be imposed as a
result of your failure to transmit payment instructions at least
five (5) business days in advance. H. Stopping Payments. If you
wish to stop a payment you previously authorized, you must take
the following steps: 1. Pending Payments not yet processed (prior
to the initiated date). In the event you wish to stop a requested
payment from being processed, you will need to do the following:
a. Click on the Pending icon. The Payments List screen will be displayed.
b. Select the payment that you wish to stop and click on the Delete
Payment button. c. A confirmation message box will appear, allowing
you to confirm that this is the payment on which you wish to place
a stop. d. Click OK 2. If the payment has not been transmitted to
the bill payment service, the payment record is automatically deleted
and will be removed from the payment list. 3. Online stop payment
requests will be accepted up until the processing cutoff time of
approximately 3:00 p.m. on the date initiated. 4. Pending Payments
"In Transit" (after the initiated date). If you need to
stop payment on a payment made via Online Banking and the payment
is "In Transit", you must call the Help desk at (305)
860-2721. Please have the following information available to facilitate
the processing of your request; a. Subscriber name b. Requested
bill payment date (the date the payment was set up to be initiated)
c. Transmission date (the date the payment was enbtered and transmitted
via PC) d. Payee name e. Payee's Account Number f. Dollar amount
of the payment g. Reason for Stop Payment Please note that if the
payment was made electronically or the payee has received the payment
we will not be able place the stop payment regardless of whether
or not the funds have been debited from your account. VIII. SECURITY
PASSWORD For security reasons, you will be required to immediately
change your initial password the first time you use Online Banking.
You agree to keep this number confidential to prevent unauthorized
access to your Accounts and to prevent unauthorized use of Online
Banking. To help safeguard your accounts, you should change your
password frequently. If you forget your Password, you must call
the Help Desk at (305) 860-2721 to have a temporary new password
issued to you. You should allow at least 3 business days for a new
password to be generated. After accessing, you will be required
to enter a new password consisting of 2 alpha (1 upper case, 1 lower
case), 1 number, and 1 symbol. IX. CHARGES FOR ONLINE BANKING You
agree to pay any and all fees associated with these services and
for other services utilized through Online Banking as outlined in
the Bank's "Personal Accounts Disclosures & Schedule of
Fees" for both consumers and businesses. Once you apply and
are approved for Online Banking, you will be charged all fees whether
or not you use the service. You authorize us to deduct all applicable
Internet Banking fees from your Primary Checking Account. We may
change or add fees for Online Banking at any time with 30 days prior
written notice. Until such notice, fees in Personal Accounts Disclosures
& Schedule of Fees" provided to you will apply. X. REPORTING
UNAUTHORIZED TRANSACTIONS If you believe that an unauthorized transaction
has been made in your account, telephone us immediately at (305)
858-6666 or write to: Coconut Grove Bank Online Banking Customer
Service 2701 South Bayshore Drive Miami, FL 33133 or E-Mail us at:
CGHelp@Coconutgrovebank.com (Regulation E) The Electonic Funds Transfer
Disclosure contains instructions on the information you should provide
when reporting an unauthorized transaction. That Section also includes
important information on how you may limit your liability for unauthorized
transactions, please read it thoroughly. XI. PERIODIC STATEMENTS
We will mail or deliver to you periodic statements for your accounts
as provided in the Deposit Agreements. In addition to reflecting
your other account activity, your statements will include any transfer
or bill payments you authorized using Online Banking. It is your
responsibility to notify us immediately if you detect an error on
your periodic statement.
XII. CUSTOMER'S RESPONSIBILITY A. You are responsible for all transfers
and bill payments you authorize using Online Banking. If you permit
other persons to use your password to perform transactions you are
responsible for any transaction they authorize from your Account.
B. You should notify us immediately if you believe any of your Accounts
have been accessed or your password has been used without your permission.
Contacting the Bank right away will help you reduce possible losses.
XIII. BANK'S RESPONSIBILITY We are responsible for processing your
instructions and requests. However, we will not be liable: A. If
you do not have adequate money in an Account to complete a transaction
from that Account or if that Account has been closed. B. If you
have not properly followed the instructions on how to make a transfer
or bill payment. C. If you have not given us complete, correct and
current instructions so that we can make a transfer or bill payment.
D. 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. E. If we make a timely bill payment but the payee nevertheless
does not credit your payment promptly after receipt. F. If withdrawals
from any of your Accounts have been prohibited by a court order
such a garnishment or other legal process. G. If your computer or
software is not working properly and this problem should have been
apparent to you when you attempted to authorized a transfer of bill
payment. H. If losses or delays in transmission of instructions
arising from of the use of any Access Service Provider or caused
by any browser software. I. If the US Postal Service causes a delay.
J. If circumstances beyond our control prevent making a transfer
or payment, despite reasonable precautions that we have taken. Such
circumstances include, but are not limited to, telecommunications
outage, postal strikes, delays caused by payees, fires and floods.
K. This is not all-inclusive. You should refer to your "Deposit
Account Agreement and Disclosures" for other exceptions to
our liability. XIV. NO SIGNATURE REQUIRED When using Online Banking
to pay bills, payment may be in the form of a paper draft.. You
agree that we may debit your Primary Checking Account to pay paper
drafts that you have not signed. Use of your Online Banking password
is your signature authorization. XV. CHANGES TO THIS AGREEMENT We
may change this Agreement at any time. Changes to this Agreement
will be effective immediately after we make them, unless applicable
law requires us give you advance notification. Those changes will
be effective immediately after advance notice has been issued or
upon the date stated in such notice, as required by applicable law.
You may obtain a copy of any current Agreement by calling us at
(305) 858-6666 or by writing to: Coconut Grove Bank 2701 South Bayshore
Drive Miami, FL 33133 XVI. ASSIGNMENT We can assign our rights and
delegate our duties under this Agreement to a company affiliated
with us or to any other party. You may not assign your rights or
duties to anyone else. XVII. TERMINATION Either you or we may terminate
this Agreement and your Online Banking enrollment at any time upon
giving written notice of the termination to the other party. If
you terminate Online Banking, you authorize us to continue making
transfers 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 of payments from your Accounts,
including any transfers or payments you have previously authorized.
However, you must cancel any automatic recurring payments on line
prior to termination, otherwise we will continue to make such payments.
If we terminate your use of Online Banking, we reserve the right
to make no further transfers or payments from your Account, including
any transactions you have previously authorized. XVIII. INACTIVITY
If you discontinue using Online Banking for 6 consecutive months,
we reserve the right to delete your Online Banking user name and
password from the system. The termination of your Online Banking
access will not affect your deposit or loan accounts. XIX. SEVERABILITY
In the event any one or more of the provisions of this Agreement
shall for any reason be held to be invalid, illegal or unenforceable,
the remaining provisions shall remain valid and enforceable. XX.
GOVERNING LAW This Agreement shall be governed by the laws of the
State of Florida and, where applicable, by Federal law. Types of
Available Transfers and Limits on Transfers You may use Online Banking
to: A. Transfer available funds between the following types of accounts:
1. Personal Checking Account 2. Money Market Deposit Account 3.
Interest Checking Account 4. Statement Savings Account B. Request
the balance in your account. C. Pay bills to third parties using
the Bill Payer service. D. Transfer money from the your Primary
Checking Account to make loan payments for loans you have with Coconut
Grove Bank. *Funds transfers are limited to $9,999.99 PER SINGLE
TRANSACTION per business day. Accounts with current stop payments
outstanding may not be able to transfer funds using Online Banking.
Transfers between deposit accounts with Coconut Grove Bank from
savings and money market accounts are limited to six per statement
cycle. Charges for Transfers Online Banking - There are certain
charges which apply to the use of the Online Banking service. A
list of these charges is contained in the Bank's Personal Accounts
Disclosure & Schedule of Fees. Your account(s) remain subject
to the bank's standard monthly fees as well as fees for miscellaneous
services. Refer to Personal Accounts Disclosure & Schedule of
Fees. Right to Receive Documentation of Transfers You will receive
a monthly account statement of your checking account and statement
savings account. If no transfers occurred in your statement savings
account in a particular month you will receive a statement at least
quarterly. Pre-authorized Transfers A. Right to Stop Payment You
may stop scheduled payments from your account at any time. To do
so, follow the Section VII (H) of the Online Banking Agreement or
contact the Help Desk at the number or address noted below in Section
X. To limit your liability for these transactions you must initiate
your stop payment request 3 or more business days before the payment
is scheduled to be made. If you call we may require you to put your
request in writing and get it to us within 14 days. There is no
charge for stop payments if you use the Online Banking software
to stop the payment. If you call us to stop the payment we may charge
you our normal stop payment fee for each stop payment order. Refer
to the Bank's schedule of fees for the current amount of these fees.
B. Liability for Failure to Stop Payment If you follow the instructions
in Section VII (H) of the Online Banking Agreement in order to stop
one of your bill payments and the Bank fails to stop the payment
of that item, we will be liable for your losses or damages. C. Liability
for Failure to Make Transfers If we do not complete a transfer to
or from your account on time or in the correct amount according
to our agreement with you, we will be liable for your losses or
damages. However, there are some exceptions. We will not be liable:
1. If, through no fault of ours, you do not have enough available
money in your account to make the transfer. 2. If the terminal or
system was not working properly and you knew about the breakdown
when you started the transfer. 3. If circumstances beyond our control
(such as fire or flood) prevent the transfer despite reasonable
precautions that we have taken. 4. There may be other exceptions
stated in our agreement with you.
TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE
SERVICE DEFINITIONS
"Service" means the bill payment service offered by Coconut
Grove Bank, through CheckFree Services Corporation.
"Agreement" means these 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 automatically debited.
"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.
PAYMENT SCHEDULING
The earliest possible Scheduled Payment Date for each Biller (typically
four (4) 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 designated
for each Biller. 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 (1) Business
Day before the actual Due Date. Scheduled Payment Dates must be
prior to any late date or grace period.
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 $50.00 should a payment post after
its Due Date as long as the payment was scheduled in accordance
with the guidelines described under "Payment Scheduling"
in this Agreement.
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 or 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. 1. If, through no fault of the Service, your Payment Account
does not contain sufficient funds to complete the transaction or
the transaction would exceed the credit limit of your overdraft
account;
2. 2. The payment processing center is not working properly and
you know or have been advised by the Service about the malfunction
before you execute the transaction;
3. 3. 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; and/or,
4. 4. Circumstances beyond control of the Service (such as, but
not limited to, fire, flood, or interference from an outside force)
prevent the proper execution of the transaction and the Service
has taken reasonable precautions to avoid those circumstances.
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.
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 your financial institution for payment).
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.
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 may also 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 already been processed, 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 may also require you to present
your request in writing within fourteen (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.
PROHIBITED PAYMENTS
Payments to Billers outside of the United States or its territories
are prohibited through the Service.
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 changes 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 misapplied, mis-posted or misdirected
payments will be the sole responsibility of you and not of the Service.
BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only and
it is your sole responsibility to contact your Billers directly
if you do not receive your statements. In addition, if you elect
to activate one of the Service's electronic bill options, you also
agree to the following:
Information provided to the Biller - The Service is unable to update
or change your personal information such as, but not limited to,
name, address, phone numbers and e-mail addresses, with the electronic
Biller. Any changes will need to be made by contacting the Biller
directly. Additionally it is your responsibility to maintain all
usernames and passwords for all electronic Biller sites. You also
agree not to use someone else's information to gain unauthorized
access to another person's bill. The Service may, at the request
of the Biller, provide to the Biller your e-mail address, service
address, or other data specifically requested by the Biller at the
time of activating the electronic bill for that Biller, for purposes
of the Biller informing you about Service and/or bill information.
Activation - Upon activation of the electronic bill feature the
Service may notify the Biller of your request to receive electronic
billing information. The presentment of your first electronic bill
may vary from Biller to Biller and may take up to sixty (60) days,
depending on the billing cycle of each Biller. Additionally, the
ability to receive a paper copy of your statement(s) is at the sole
discretion of the Biller. While your electronic bill feature is
being activated it is your responsibility to keep your accounts
current. Each electronic Biller reserves the right to accept or
deny your request to receive electronic bills.
Authorization to obtain bill data - Your activation of the electronic
bill feature for a Biller shall be deemed by us to be your authorization
for us to obtain bill data from the Biller on your behalf. For some
Billers, you will be asked to provide us with your user name and
password for that Biller. By providing us with such information,
you authorize us to use the information to obtain your bill data.
Notification - The Service will use its best efforts to present
all of your electronic bills promptly. In addition to notification
within the Service, the Service may send an e-mail notification
to the e-mail address listed for your account. It is your sole responsibility
to ensure that this information is accurate. In the event you do
not receive notification, it is your responsibility to periodically
logon to the Service and check on the delivery of new electronic
bills. The time for notification may vary from Biller to Biller.
You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification - The electronic Biller
reserves the right to cancel the presentment of electronic bills
at any time. You may cancel electronic bill presentment at any time.
The timeframe for cancellation of your electronic bill presentment
may vary from Biller to Biller. It may take up to sixty (60) days,
depending on the billing cycle of each Biller. The Service will
notify your electronic Biller(s) as to the change in status of your
account and it is your sole responsibility to make arrangements
for an alternative form of bill delivery. The Service will not be
responsible for presenting any electronic bills that are already
in process at the time of cancellation.
Non-Delivery of electronic bill(s) - You agree to hold the Service
harmless should the Biller fail to deliver your statement(s). You
are responsible for ensuring timely payment of all bills. Copies
of previously delivered bills must be requested from the Biller
directly.
Accuracy and dispute of electronic bill - The Service is not responsible
for the accuracy of your electronic bill(s). The Service is only
responsible for presenting the information we receive from the Biller.
Any discrepancies or disputes regarding the accuracy of your electronic
bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that
currently exist between you and your Billers.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
PASSWORD AND SECURITY
You agree not to give or make available your password or other means
to access your account to any unauthorized individuals. You are
responsible for all payments you authorize using the Service. If
you permit other persons to use the Service or your password or
other means to access your account, you are responsible for any
transactions they authorize. If you believe that your password or
other means to access your account has been lost or stolen or that
someone may attempt to use the Service without your consent or has
transferred money without your permission, you must notify the Service
at once by calling (305) 858¬6666 during customer service hours.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after you discover your
password or other means to access your account has been lost or
stolen, your liability is no more than $50.00 should someone access
your account without your permission. If you do not tell us within
two (2) Business Days after you learn of such loss or theft, and
we can prove that we could have prevented the unauthorized use of
your password or other means to access your account if you had told
us, you could be liable for as much as $500.00. If your monthly
financial institution statement contains transfers that you did
not authorize, you must tell us at once. If you do not tell us within
sixty (60) days after the statement was sent to you, you may lose
any amount transferred without your authorization after the sixty
(60) days if we can prove that we could have stopped someone from
taking the money had you told us in time. If a good reason (such
as a long trip or a hospital stay) prevented you from telling us,
we may extend the period.
ERRORS AND QUESTIONS
In case of errors or questions about your transactions, you should
as soon as possible notify us via one of the following:
1. 1. Telephone us at (305) 858-6666 during customer service hours;
2. 2. Contact us by using the application's e-messaging feature;
and/or,
3. 3. Write us at:
Coconut Grove Bank
2701 S. Bayshore Drive
Miami, Florida 33133
If you think your statement is incorrect or you need more information
about a Service transaction listed on the statement, we must hear
from you no later than sixty (60) days after the FIRST statement
was sent to you on which the problem or error appears. You must:
1. 1. Tell us your name and Service account number;
2. 2. Describe the error or the transaction in question, and explain
as clearly as possible why you believe it is an error or why you
need more information; and,
3. 3. Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint
in writing within ten (10) Business Days after your verbal notification.
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. However, if we require more time to confirm the nature
of your complaint or question, we reserve the right to take up to
forty-five (45) days to complete our investigation. If we decide
to do this, we will provisionally credit your Payment Account within
ten (10) Business Days for the amount you think is in error. If
we ask you to submit your complaint or question in writing and we
do not receive it within ten (10) Business Days, we may not provisionally
credit your Payment Account. If it is determined there was no error
we will mail you a written explanation within three (3) Business
Days after completion of our investigation. You may ask for copies
of documents used in our investigation. The Service may revoke any
provisional credit provided to you if we find an error did not occur.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information as confidential.
However, we will disclose information to third parties about your
account or the transactions you make ONLY in the following situations:
1. 1. Where it is necessary for completing transactions;
2. 2. Where it is necessary for activating additional services;
3. 3. In order to verify the existence and condition of your account
to a third party, such as a credit bureau or Biller;
4. 4. To a consumer reporting agency for research purposes only;
5. 5. In order to comply with a governmental agency or court orders;
or,
6. 6. If you give us your written permission.
SERVICE FEES AND ADDITIONAL CHARGES
Any applicable fees will be charged regardless of whether the Service
was used during the billing cycle. There may be a charge for additional
transactions and other optional services. You agree to pay such
charges and authorize the Service to deduct the calculated amount
from your designated Billing Account for these amounts and any additional
charges that may be incurred by you. Any financial fees associated
with your standard deposit accounts will continue to apply. You
are responsible for any and all telephone access fees and/or Internet
service fees that may be assessed by your telephone and/or Internet
service provider.
FAILED OR RETURNED TRANSACTIONS
In using the Service, you are requesting the Service to make payments
for you from your Payment Account. If we are unable to complete
the transaction for any reason associated with your Payment Account
(for example, there are insufficient funds in your Payment Account
to cover the transaction), the transaction will not be completed.
In some instances, you will receive a return notice from the Service.
In such case, you agree that:
1. 1. You will reimburse the Service immediately upon demand the
transaction amount that has been returned to the Service;
2. 2. For any amount not reimbursed to the Service within fifteen
(15) days of the initial notification, a late charge equal to 1.5%
monthly interest or the legal maximum, whichever rate is lower,
for any unpaid amounts may be imposed;
3. 3. You will reimburse the Service for any fees imposed by your
financial institution as a result of the return;
4. 4. You will reimburse the Service for any fees it incurs in attempting
to collect the amount of the return from you; and,
5. 5. The Service is authorized to report the facts concerning the
return to any credit reporting agency.
ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered
or amended by the Service from time to time. In such event, the
Service shall provide notice to you. Any use of the Service after
the Service provides you a notice of change will constitute your
agreement to such change(s). Further, the Service may, from time
to time, revise or update the applications, services, and/or related
material, which may render all such prior versions obsolete. Consequently,
the Service reserves the right to terminate this Agreement as to
all such prior versions of the applications, services, and/or related
material and limit access to only the Service's more recent revisions
and updates. In addition, as part of the Service, you agree to receive
all legally required notifications via electronic means.
ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information
in your user profile is current and accurate. This includes, but
is not limited to, name, address, phone numbers and email addresses.
Changes can be made either within the application or by contacting
Customer Service. Any changes in your Payment Account should also
be made in accordance with the procedures outlined within the application's
Help files. All changes made are effective immediately for scheduled
and future payments paid from the updated Payment Account information.
The Service is not responsible for any payment processing errors
or fees incurred if you do not provide accurate Payment Account
or contact information.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, you may have the ability
to do so through the product, or you may contact customer service
via one of the following:
1. 1. Telephone us at (305) 858-6666 during customer service hours;
and/or
2. 2. Write us at:
Coconut Grove Bank
2701 S. Bayshore Drive
Miami, Florida 33133
Any payment(s) the Service has already processed before the requested
cancellation date will be completed by the Service. All Scheduled
Payments including recurring payments will not be processed once
the Service is cancelled. The Service may terminate or suspend Service
to you at any time. Neither termination nor suspension shall affect
your liability or obligations under this Agreement.
BILLER LIMITATION
The Service reserves the right to refuse to pay any Biller to whom
you may direct a payment. The Service will notify you promptly if
it decides to refuse to pay a Biller designated by you. This notification
is not required if you attempt to make a prohibited payment or an
exception payment under this Agreement.
RETURNED PAYMENTS
In using the Service, you understand that Billers and/or the United
States Postal Service may return payments to the Service for various
reasons such as, but not limited to, Biller's forwarding address
expired; Biller account number is not valid; Biller is unable to
locate account; or Biller account is paid in full. The Service will
use its best efforts to research and correct the returned payment
and return it to your Biller, or void the payment and credit your
Payment Account. You may receive notification from the Service.
INFORMATION AUTHORIZATION
Your enrollment in the Service may not be fulfilled if the Service
cannot verify your identity or other necessary information. If your
account was added online the Service may issue offsetting debits
and credits to the Payment Account(s) and/or Billing Account, and
require confirmation of such from you in order to verify ownership
of the Payment Account(s) and/or Billing Account. Through your enrollment
in the Service, you agree that the Service reserves the right to
request a review of your credit rating at its own expense through
an authorized bureau. In addition, you agree that the Service reserves
the right to obtain financial information regarding your account
from a Biller or your financial institution (for example, to resolve
payment posting problems or for verification).
DISPUTES
In the event of a dispute regarding the Service, you and the Service
agree to resolve the dispute by looking to this Agreement. You agree
that this Agreement is the complete and exclusive statement of the
agreement between you and the Service which supersedes any proposal
or prior agreement, oral or written, and any other communications
between you and the Service relating to the subject matter of this
Agreement. If there is a conflict between what an employee of the
Service or Customer Service Department says and the terms of this
Agreement, the terms of this Agreement will prevail.
ASSIGNMENT
You may not assign this Agreement to any other party. The Service
may assign this Agreement to any future, directly or indirectly,
affiliated company. The Service may also assign or delegate certain
of its rights and responsibilities under this Agreement to independent
contractors or other third parties.
NO WAIVER
The Service shall not be deemed to have waived any of its rights
or remedies hereunder unless such waiver is in writing and signed
by the Service. No delay or omission on the part of the Service
in exercising any rights or remedies shall operate as a waiver of
such rights or remedies or any other rights or remedies. A waiver
on any one occasion shall not be construed as a bar or waiver of
any rights or remedies on future occasions.
CAPTIONS
The captions of sections hereof are for convenience only and shall
not control or affect the meaning or construction of any of the
provisions of this Agreement.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance
with the laws of the State of Georgia, without regard to its conflicts
of laws provisions. To the extent that the terms of this Agreement
conflict with applicable state or federal law, such state or federal
law shall replace such conflicting terms only to the extent required
by law. Unless expressly stated otherwise, all other terms of this
Agreement shall remain in full force and effect.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND
YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY
THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE
OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
E-Sign Disclosure
This statement asks for your consent so that we can provide the
Electronic Funds Transfer (EFT) Disclosure to you electronically.
Before you decide to consent, you should read and consider the following:
To use Bill Pay, you will need a browser that supports 128-bit encryption
and SSL (secured socket layer) security. Suggested browser release
levels are the latest version of Microsoft® Internet Explorer
or latest version of Netscape Navigator®.
You do not have an option to receive the EFT Disclosure in a non-electronic
form. You cannot enroll in BillPay without agreeing to receive the
EFT Disclosure in electronic form.
The EFT Disclosure contains important information concerning your
rights under the Electronic Funds Transfer Act. You should read
and keep a copy for your records.
To obtain a paper copy of the EFT Disclosure, click on the printer-friendly
link below. By clicking on the "I Accept" button below,
you agree to accept the EFT disclosure electronically via our web
site and confirm that you have read it.
Electronic Funds Transfer Act Disclosure
Before proceeding to the Bill Pay Enrollment Form, please read the
Electronic Funds Transfer (EFT) Act Disclosure for Coconut Grove
Bank. This disclosure for our Bill Pay service is being provided
to you electronically via our web site.
For Additional Assistance You may print this disclosure for your
personal records. If you need to obtain a hard copy, please call
our Customer Service Department at 1 (305) 858-6666, Monday through
Friday from 8:00 A.M. until 4:30 P.M. EST or write to the following:
Coconut Grove Bank Attn: EFT Processing 2701 S. Bayshore Drive Miami,
FL 33133
If in the future, you do not wish to receive this disclosure electronically,
please contact our Customer Service Department at 1 (305) 858-6666,
Monday through Friday from 8:00 A.M. until 4:30 P.M. EST for assistance.
|
