ONLINE BANKING AGREEMENT
AND
DISCLOSURE
Please read carefully the following Online Banking Agreement and Disclosure, (hereinafter referred to as the "Agreement"), which is effective as of May 1, 2002. At the end of this Agreement, please acknowledge whether you accept or decline by clicking the appropriate box.
GENERAL DESCRIPTION OF AGREEMENT
A. WHAT THIS AGREEMENT COVERS:
This Agreement is between you and 1st Summit Bank (hereinafter sometimes referred to as "it," "us," "our," "we," or "Bank"), and will govern the use of 1st Summit Online. 1st Summit Online permits the Bank's customers to perform a number of banking functions through the use of a personal computer.
RELATION TO OTHER AGREEMENTS:
Your use of 1st Summit Online may also be affected by other agreements which are used in setting up your accounts at the Bank. When you link an account to 1st Summit Online, you do not change these other agreements. When using 1st Summit Online, if there is a conflict between any terms and conditions in this Agreement and those contained in other agreements with the Bank, this Agreement will control. Incorporated herein by reference are all those regulatory disclosures you have previously received from 1st Summit Bank. By accepting this Agreement, you are also acknowledging that you have read the various regulatory disclosures that you received when opening accounts with the bank and those set forth in the 1st Summit web page at http://www.1stsummit.com/.
ONLINE BANKING SERVICES:
A. OVERVIEW: 1ST SUMMIT ONLINE CAN BE USED TO:
1. Transfer funds between your different accounts at 1st Summit Bank within regulatory limits.
2. Checking and Savings account inquiry.
3. Perform self-service account maintenance such as re-ordering checks, requesting copies of checking or savings statements, account histories, stopping payment on checks, changing address and phone numbers, and changing your I.D. number and pass code for online services.
4. Make Bill Payments.
5. Send electronic mail messages and questions to the Bank.
B. DESCRIPTION OF ONLINE SERVICES:
1. TRANSFERS:
*As an online customer of the Bank, you are permitted to make a transfer of funds from your checking, savings or line of credit to another checking or savings account maintained at this Bank. Transfers can also be made as a payment on your loan issued by this Bank. For further information on payment transfers, refer to paragraph B.2 below entitled "Payments."
*The completion of a transfer is subject to the availability of funds in your account at the time of final processing. If you do not have enough funds available, you will incur an insufficient funds fee. Please refer to the applicable account agreement and services schedule for further details.
*All transfer requests from your deposit account (checking, savings or money market deposit) or your line of credit are reflected in your balance or available funds for that account. Transfers entered before the cut-off time of 5:00 P.M. ET on a Bank business day are processed on that Bank business day. Transfers entered after the cut-off time or on a non-bank business day are processed on the next Bank business day.
*To ensure timely credit for a loan payment, you should schedule a transfer from your account to make your loan payment at least one Bank business day before the loan payment due date.
*Amount of transfers are limited to the available balance in the respective transfer account.
*Prohibited Transfers and/or Restrictions - transfers to and from Passbook Savings accounts and Certificates of Deposit are not permitted and transfers from Christmas Clubs are not permitted. Federal regulations also limit the number of monthly online service transfers from your money market and savings accounts. For more information on these restrictions, please refer to the individual account agreement and disclosures you obtained when establishing these accounts.
2. PAYMENTS:
*Payments can be entered as a one time or recurring transaction scheduled to repeat at selected time intervals. Payments entered on the Bank's system before 5:00 P.M. ET on a Bank business day will be processed on the same business day. Payments beyond this time will be processed on the next bank business day.
3. ONLINE BILL PAYMENTS:
*Payments you make through 1st Summit Online Bill Pay services are processed in one of four ways:
(i) through the Automated Clearing House (ACH) secure network directly, (ii) by aggregating payments electronically to the biller directly, (iii) by sending a CheckFree corporate check to the biller, or (iv) by sending a laser draft to the biller.
*Electronic funds transfers made by consumers are subject to the provisions of the Electronic Funds Transfer Act, 15 U.S.C. 1693, et seq. which provides a basic framework establishing the rights, liabilities, and participants in electronic fund transfer systems. Regulations have been promulgated and set forth at 12 CFR Part 205 and is referred to as "Regulation E."
*Limitations on number of online bill payments and payment amount - there is no limit on the number of bills you can pay, but the total amount of any one payment made cannot exceed $99,999.00 per transaction.
*Upon the Bank's receipt of your request for online bill payment, the Bank is authorized to withdraw the necessary funds from your account on the date you schedule for the payment to be initiated or submit a transfer request. The Bank is authorized to process your bill payment request and charge your bill payment account even though it does not bear your signature. You agree that you will instruct the Bank to make a withdrawal only when a sufficient account balance is available at the time of withdrawal. Transfer requests initiated against an account with insufficient funds will result in the Bank's imposition of a non-sufficient funds ("NSF") fee, and no further attempt will be made by the Bank to issue the payment or process the transfer. Additionally, if the payment exceeds the maximum transfer amount referred to above, the transfer will not be processed. The Bank is under no obligation to notify you if it does not complete a payment or transfer because of non-sufficient funds or exceeding the maximum transfer amount. In all cases you are responsible for making alternate arrangements for payment. You further agree that the Bank may, in its sole discretion, make payments to a named Payee per your request, even though a debit to your bill payment account may bring about or increase an overdraft.
*Payments may be changed or canceled online anytime prior to 5:00 P.M. E.T. on the business day prior to the day the transaction is scheduled to be initiated. If you request that a payment be canceled after it is issued and the Bank agrees to do so, the Bank will charge you a stop payment fee in accordance with the schedule of fees for online services. Please refer to Paragraph D below entitled "Service Charges and Fees". All stop payment orders must be put in writing and given to the Bank.
*Bank's Liability for Failure to make Electronic Transfers - The Bank is responsible for exercising ordinary care in making payments directed through your account. The Bank will not be liable in any way for damages incurred by you due to delays in mail delivery, changes in vendor's addresses, and the failure of any vendor to account correctly for or credit such payments in a timely manner or for any other circumstances beyond the control of the Bank. However, if the Bank does not complete an online transfer or bill payment to or from your account on time or in the correct amount, according to this Agreement, the Bank will generally be liable for direct losses or damages as limited herein.
*Limitations on Bank's responsibility - THE BANK WILL NOT BE LIABLE, FOR FAILURE TO MAKE AN ELECTRONIC TRANSFER WHERE CONDITIONS OR CIRCUMSTANCES OUTSIDE THE BANK'S CONTROL PROHIBIT THE BANK FROM COMPLETING THE TRANSACTION. Examples of this include, but are not limited to: insufficient funds in your account; funds in your account become subject to an encumbrance or levy; malfunction in your computer software; emergencies at the Bank; the Bank's placement of "hold" on your account or the account was closed. In addition, the Bank reserves the right not to process a transfer/bill payment for security reasons. IN NO EVENT SHALL THE BANK BE LIABLE FOR DAMAGES IN EXCESS OF YOUR ACTUAL LOSS DUE TO THE BANK'S FAILURE TO COMPLETE A TRANSFER OR BILL PAYMENT AND BANK WILL LIKEWISE NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
*Your liability for Unauthorized Transfers (personal accounts only) - Call us at once at (814) 262-4010 if you believe someone has unauthorized knowledge of your 1st Summit Online password or that someone may transfer money from your account without your permission. Telephoning is your best way of keeping your possible losses down, however, at your option you may notify us by writing to 1st Summit Bank, 125 Donald Lane, P.O. Box 5480, Johnstown, PA 15904. Otherwise you could lose some or all of the money in your accounts.
IF YOU NOTIFY THE BANK WITHIN TWO BUSINESS DAYS AFTER YOU DISCOVER THAT SOMEONE HAS UNAUTHORIZED KNOWLEDGE OF YOUR ONLINE BANKING SERVICE PASSWORD OR THAT SOMEONE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR ACCOUNT WITHOUT YOUR PERMISSION, YOU CAN LOSE NO MORE THAN $50.00. IF SOMEONE USES YOUR ONLINE BANKING SERVICE PASSWORD WITHOUT YOUR PERMISSION AND YOU DO NOT REPORT IT TO THE BANK WITHIN TWO BUSINESS DAYS AFTER YOU LEARN OF THE LOSS OF YOUR PASSWORD OR THAT SOMEONE HAS UNAUTHORIZED KNOWLEDGE OF YOUR PASSWORD OR OF THE UNAUTHORIZED USE OF YOUR PASSWORD, AND THE BANK CAN PROVE WE COULD HAVE STOPPED SOMEONE FROM USING YOUR ONLINE BANKING SERVICES PASSWORD HAD YOU INFORMED THE BANK, YOU COULD LOSE AS MUCH AS $500.00. BUSINESS DAYS ARE MONDAY THROUGH FRIDAY, EXCEPT FOR FEDERAL OR STATE HOLIDAYS.
ALSO, IF YOUR STATEMENTS SHOW ONLINE TRANSFERS OR BILL PAYMENTS THAT YOU DID NOT MAKE, REPORT THE MATTER TO THE BANK IMMEDIATELY. IF YOU DO NOT NOTIFY THE BANK WITHIN SIXTY (60) DAYS AFTER THE STATEMENT WAS MAILED TO YOU, YOU MAY NOT GET BACK ANY OF THE MONEY YOU LOST AFTER THE SIXTY (60) DAYS IF THE BANK CAN PROVE WE COULD HAVE STOPPED SOMEONE FROM TAKING THE MONEY HAD YOU REPORTED THE MATTER IN TIME.
In case of errors or questions about your Electronic Transfers or Bill Payments, telephone us at once at (814) 262-4010.
1. Tell us your name and account number.
2. 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.
3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint in writing within 10 business days.
The Bank will tell you the results of its investigation within 10 business days after the case is reported and will correct any error promptly. If the Bank needs more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, the Bank will re-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 within 10 business days, we may not re-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.
*Your Liability for Unauthorized Transfers (Business Accounts Only) - you agree that, if necessary, 1st Summit Bank may send confidential information including your User ID or Initial Authentication Code to the current address shown in our records for your checking account, whether or not our records include delivery instructions to a particular individual. YOU ALSO AGREE THAT 1ST SUMMIT BANK WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY IN THE EVENT THAT SUCH PROPERLY ADDRESSED INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, EITHER IN TRANSIT OR AT YOUR ADDRESS. You agree (1) to keep your User ID and Password secure and confidential, providing them only to authorized signers on your accounts(s); (2) to instruct each person with whom you share your User ID and password that this information is not to be given to any unauthorized person; and (3) to immediately notify us if you believe your User ID and password have been compromised and select a new password.
1ST SUMMIT BANK SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED PAYMENT OR TRANSFER MADE THAT OCCURS BEFORE YOU HAVE TOLD US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE TIME TO ACT ON THAT NOTICE. WE RESERVE THE RIGHT TO SUSPEND OR CANCEL YOUR ONLINE ACCESS, EVEN IF YOU HAVE NOTIFIED US OF UNAUTHORIZED ACCESS TO YOUR ACCOUNT (S), IF WE SUSPECT THE ACCOUNT IS BEING USED IN AN UNAUTHORIZED OR ILLEGAL MANNER.
IF THE BANK FAILS OR DELAYS IN MAKING A PAYMENT OR TRANSFER IN ACCORDANCE WITH YOUR INSTRUCTIONS OR IF IT MAKES A PAYMENT OR TRANSFER IN AN INCORRECT AMOUNT WHICH IS LESS THAN THE AMOUNT IN YOUR INSTRUCTION TO THE BANK, UNLESS OTHERWISE REQUIRED BY LAW, THE BANK'S LIABILITY SHALL BE LIMITED TO INTEREST ON THE AMOUNT WHICH IT FAILED TO TIMELY TRANSFER, CALCULATED FROM THE DATE ON WHICH THE PAYMENT OR TRANSFER WAS TO BE MADE UNTIL THE DATE IT WAS ACTUALLY MADE OR YOU CANCELLED THE INSTRUCTIONS. THE BANK'S PAYMENT WILL BE MADE EITHER TO YOU OR TO THE RECIPIENT BUT, IN NO EVENT, WILL PAYMENT BE MADE TO BOTH PARTIES. IF THE BANK MAKES A PAYMENT OR TRANSFER THAT EXCEEDS YOUR INSTRUCTION OR IF IT ALLOWS AN UNAUTHORIZED PAYMENT OR TRANSFER AFTER HAVING REASONABLE TIME TO ACT ON A NOTICE FROM YOU, UNLESS OTHERWISE REQUIRED BY LAW, THE BANKS'S LIABILITY SHALL BE LIMITED TO A REFUND OF THE AMOUNT ERRONEOUSLY PAID OR TRANSFERRED, PLUS INTEREST THEREON FROM THE DATE OF THE PAYMENT OR TRANSFER TO THE DATE OF THE REFUND, BUT IN ANY EVENT NOT TO EXCEED 60 DAYS' INTEREST.
UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL THE BANK BE LIABLE TO YOU FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS' FEES, EVEN IF THE BANK IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
*Termination of 1st Summit Online or 1st Summit Online Bill Pay - Either you or the Bank may terminate your 1st Summit Online service or 1st Summit Online Bill Pay service. Upon termination of your 1st Summit Online service or 1st Summit Online Bill Pay service, all pending payments as of the date of your service termination will be canceled. If you terminate your 1st Summit Online or 1st Summit Online Bill Pay services, you must send written notice to 1st Summit Bank, Online Banking Services, 125 Donald Lane, P.O. Box 5480, Johnstown, PA 15904. The Bank must receive such notice at least 5 days in advance of the termination date. The Bank reserves the right to terminate the 1st Summit Online and 1st Summit Online Bill Pay services or your enrollment in this service at any time following not less than 10 days' notice to you. The Bank may terminate your 1st Summit Online and 1st Summit Online Bill Pay services without prior notice to you if (1) the Bank, within its sole discretion, suspects fraud or other illegal activity, or (2) if there exists any other reason for which the terms and conditions applicable to your enrolled account(s) permit the Bank to close your enrolled account(s) without prior notice to you.
*Joint Accounts - When your 1st Summit Online service is linked to one or more joint accounts, we may act on the verbal, written, or electronic instructions of any one authorized signee regarding your service.
C. SETTING UP YOUR 1ST SUMMIT ONLINE ACCOUNT WITH 1ST SUMMIT BANK
1. To use 1st Summit Online services you must have:
*a computer equipped with a modem and/or network card.
*an Internet Service Provider.
*an initial authentication code and an online password.
2. To register with the Bank for these services, you must:
*read this 1st Summit Online Banking Agreement and Disclosure that you accessed at our website, http://www.1stsummit.com and click on the "I Agree" button indicating your consent and understanding of the terms of service.
*complete the Online Registration Form.
D. SERVICE CHARGES AND FEES
1. Online Banking Access is free.
2. Bill Payment services are free if at least one bill is paid each month ($5.95 per month if service is not used).
3. Stop Payment of an Electronic Bill Payment is $25.00.
4. Other Service Charges and Fees, disclosed to you when you opened your accounts, may be assessed.
E. SERVICE HOURS
1ST Summit Online is available 365 days a year and 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed on-line when you sign on to 1st Summit Online.
MISCELLANEOUS PROVISIONS
A. AMENDMENT TO THIS AGREEMENT - The Bank reserves the right to change this Agreement at any time, and you will be notified of such changes by mail or electronic message. If you maintain your 1st Summit Online and/or 1st Summit Online Bill Pay services after the effective date of any change, you will be considered to have consented to such change or amendment.
B. DISCLOSURE OF ACCOUNT INFORMATION -
The Bank will only disclose information to third parties about your account or your transactions as follows:
1. When necessary to complete transfers or bill payments, or to investigate or resolve problems related to same.
2. To verify the existence and condition of your account for a third party, such as a credit bureau or merchant.
3. To comply with a government agency, court order, sheriff's levy or the request of a state or federal regulator.
4. In those instances where you give us your permission.
5. On a closed account, if we reasonably believe you have mishandled it.
For more information on the Bank's privacy policy, refer to our web site at http://www.1stsummit.com/.
C. ACCOUNT STATEMENTS -
We report your 1st Summit Online transactions on the periodic statements for your linked accounts.
D. ACKNOWLEDGMENT OF COMMERCIALLY REASONABLE SECURITY PROCEDURES -
By using Online Banking, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions which are commercially reasonable. You agree to be bound by instructions which the Bank implements in compliance with these procedures.
E. GOVERNMENTAL LAW -
disputes arising from or related to this agreement shall be governed by laws the commonwealth of and jurisdiction for any litigation involving same will lie exclusively in cambria pennsylvania.
F. COMPUTER SYSTEM FAILURES AND DATA LOSS -
Each party to this Agreement will assume the risk of loss associated with loss of data, software or computer system failure attributable to viruses, worms or other similar components which may be downloaded during Online Services. This provision shall not apply to intentional acts which are designed to lead to system failure. Under no circumstances shall Bank be responsible for any indirect, incidental or consequential damages.
G. SEVERABILITY -
In the event any one or more provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable, and the invalid or unenforceable provisions shall be deemed modified to the extent necessary to make it valid, legal and enforceable while encompassing the intent of the parties.
H. OTHER AGREEMENTS -
In addition to this Agreement, you and the Bank agree to be bound by and comply with the requirements of the agreements and disclosures applicable to each of your accounts with the Bank.
I. ASSIGNMENT -
Bank may assign the rights and delegate the duties under this Agreement to any new, existing, or future direct or indirect subsidiary owned by the Bank or owned by the Bank's Holding Company. The Bank may also make partial assignments to independent contractors to perform various tasks in connection with Online Services provided.
J. EXCLUSION OF WARRANTIES -
Bank makes no express or implied warranties or representations as to the accuracy or completeness of 1st Summit Online and 1st Summit Online Bill Pay services, including, but not limited to, any warranties of merchantability, fitness for a particular purpose or non-infringement.
ACCEPTANCE
By clicking the "I Accept" box below, you acknowledge your consent and agreement to the foregoing Agreement and further acknowledge that you have accepted electronic delivery of the terms and conditions contained in this Agreement and all of the Disclosures referenced in this Agreement and contained on the 1st Summit Bank website located at http://www.1stsummit.com. You also agree that all of the other disclosures referenced in this agreement that pertain to your particular accounts were previously received by you from 1st Summit Bank. If you decline, please signify by clicking the "I Decline."