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| Whether you have a business to run, or a busy life to manage, Provident Bank’s Internet Services can help. We offer Internet Banking and Bill Pay for individuals, as well as Online Cash Management for businesses, so you can stay connected to all your finances conveniently using your home or office computer: anytime, from anywhere. |
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This Agreement applies to the Internet Banking Services provided to you by Provident Bank (the "Bank"). The Bank's Internet Banking Services ("IBS") have two features: Internet Banking and Internet Bill Payment. Internet Banking is always included in IBS, but Internet Bill Payment is included in IBS only if you elect Internet Bill Payment in your IBS application. This Agreement is used in conjunction with the Deposit Account Agreement which covers account terms and conditions.
Please see your EFT Disclosure Statement for additional terms and conditions for electronic funds transfer transactions.
If your account is at Provident Municipal Bank, Internet Banking is provided by Provident Municipal Bank. You may review the Internet Banking Services Agreement by clicking the above link. All references contained within the Internet Banking Services Agreement to “Provident Bank” shall be deemed to mean “Provident Municipal Bank”.
Subject to the provisions of this Agreement, Internet Banking can be used to (a) give an order to the Bank to make a transfer of funds from any of your deposit accounts to any other of your deposit accounts or any of your loan accounts as long as your IBS application designates the account from which the transfer is to be made as an account from which transfers can be made, and/or (b) request from the Bank available information concerning any of your deposit accounts and transactions involving any of your deposit accounts, and/or (c) give an order to the Bank to stop payment on any check issued on one of your deposit accounts with the Bank.
Subject to the provisions of this Agreement, Internet Bill Payment can be used to (a) give an order to the Bank to make a non-recurring payment from your payment account, (b) give an order to the Bank to make a series of recurring payments of the same amount from your payment account, (c) give an order to the Bank to edit, by changing or canceling, an order to make a future payment from your payment account that was previously given through Internet Bill Payment, (d) give an order to the Bank canceling as to future payments an order to make a series of recurring payments of the same amount from your payment account that was previously given through Internet Bill Payment and (e) request from the Bank available information concerning payments from your payment account made through Internet Bill Payment. Any payment from your payment account made through Internet Bill Payment will be made by either a check or an electronic transfer of funds to the payee. Because the payee from your payment account made through Internet Bill Payment will not receive a payment stub with the payment and because the payee may process payments made without a payment stub at a different location than is normally the case or may take longer than is normally the case to process those payments, it may be advisable for you to verify with the payee the address to which the payment should be sent and the period of time required for the posting of the payment.
In this Agreement, (a) "we," "us," "our" and "ours" mean the Bank, (b) "you" and "your" mean anyone who signs an application for IBS, (c) "your application" means your IBS application as submitted to us or as changed by any updating information submitted to us at any time, whether through the Internet, in writing or in any other way, (d) "your deposit accounts" means all deposit accounts with us that are designated in your application and are approved by us as deposit accounts accessible through IBS, (e) “your loan accounts” means all loan accounts with us that are designated in your application and are approved by us as loan accounts accessible through IBS, (f) "your payment account" means, if Internet Bill Payment is elected in your application, whichever of your deposit accounts is designated in your application as the demand deposit or NOW account to be used for the payment of bills through Internet Bill Payment, (g) "your line of credit account" means your overdraft line of credit, (h) "the Bill Payment Processor" means the bill payment processor that provides services to us in connection with Internet Bill Payment and (i) "your identification numbers" means all the customer identification numbers and personal identification numbers assigned to you by us or chosen by you for use with IBS, and (j) “Business Day” is every day except Saturday, Sunday, and Federal holidays.
The installation, maintenance, operation and use of the computer, related equipment (for example, modem, telephone and other telecommunications equipment) and software you use for IBS are your responsibility. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR TO THE EXTENT APPLICABLE LAW REQUIRES A DIFFERENT STANDARD, WE WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS, INJURY OR DAMAGE (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE) IN ANY WAY ARISING OUT OF (A) ANY FAILURE OR MALFUNCTION OF, OR ANY COMPROMISE OF DATA SENT TO US USING ANY TELEPHONE, INTERNET ACCESS OR OTHER SERVICE YOU USE TO CONNECT TO IBS, (B) ANY VIRUS OR SIMILAR PROBLEM RESULTING FROM THE USE OF IBS, OR (C) ANY ERROR IN THE INSTALLATION, MAINTENANCE, OPERATION OR USE, OR ANY CONFIGURATION PROBLEM OR INCOMPATIBILITY, OF SUCH COMPUTER, RELATED EQUIPMENT OR SOFTWARE.
Your identification numbers will be used to initiate orders through IBS. A customer identification number called Internet Banking ID and a Password will be required for use with Internet Banking. We will assign the customer identification number to you, but you can rename it with an alias.
You will be responsible for each transaction ordered through IBS by you and by all other people or entities using your identification numbers to access and use IBS.
The following limitations apply to transactions ordered through IBS:
- No transfer of funds from any of your deposit accounts can be ordered through Internet Banking and no payment from your payment account can be ordered through Internet Bill Payment if you do not have an unrestricted right to withdraw funds from the account (for example, if 2 or more persons are required to sign a check written on the account or withdrawal form for the account).
- Any transfer of funds from any of your deposit accounts ordered through Internet Banking and any payment from your payment account ordered through Internet Bill Payment will be subject to the funds being available for withdrawal from the account when the order to us ordering the transfer or payment is to be charged against the account. Notwithstanding anything to the contrary, failure to maintain adequate available funds may result in the cancellation of any or all of the IBS services.
- Any transfer of funds from your overdraft line of credit or your home equity line of credit ordered through Internet Banking will be subject to the funds being available as credit under the account when the order to us ordering the transfer is to be charged against the account.
- If, when any order to us to make a transfer of funds from any of your deposit accounts given through IBS is to be charged against the account, the amount of the transfer or payment exceeds the amount of money available for withdrawal from the account (taking into account, if the account is tied to an overdraft line of credit, the amount of credit available under that line of credit), we can either (i) make the transfer or payment, in which case you will be liable for the excess, or (ii) refuse to make the transfer or payment. In either case, you will be liable for any fee applicable to the withdrawal or attempted withdrawal of money from the account in excess of the amount of money available for withdrawal from the account.
- For reasons of security, we can at any time and without giving you any notice that we are going to do so refuse to honor any order to us to make a transfer of funds from any of your deposit accounts with Internet Banking or any order to us to make a payment from your payment account given through Internet Bill Payment. For example, we can do so if, for reasons of security, we believe that it is advisable to limit the dollar amount or frequency of transfers of funds from any of your deposit accounts ordered through Internet Banking or payments from your payment account ordered through Internet Bill Payment.
- We can, at any time and without giving you any notice that we are going to do so, refuse to honor any order to us given through IBS if the order reasonably appears to us to be fraudulent or erroneous, but we have no obligation to determine, before honoring an order given through IBS, whether the order is fraudulent or erroneous.
- Under Federal law, if any of your deposit accounts are a savings or money market deposit account, during any monthly statement cycle you can make no more than 6 transfers of funds from the account that are (i) transfers of funds to any other of your deposit accounts through Internet Banking, or (ii) preauthorized, automatic or telephonic transfers of funds to any other of your deposit accounts or to a third party, and no more than 3 of the 6 transfers of funds from the account may be made using a check, draft, debit card or similar order made by you and payable to a third party.
- If an order to us to make a transfer from any of your deposit accounts or any of your line of credit accounts given through Internet Banking is received by us on any of our Business Days by 9:00 p.m. eastern United States time, the order will be processed and charged against the account that day. If the order is received by us on any of our Business Days after 9:00 p.m. eastern United States time or on a day that is not any of our Business Days, it will be processed and charged against the account on our next Business Day.
- No order to us to make a transfer from any of your deposit accounts given through Internet Banking can be canceled after it is given to us.
- The payee of any payment from your payment account ordered through Internet Bill Payment (i) must be located in the United States, and (ii) cannot be a party that we regard as ineligible for payment through Internet Bill Payment.
- No payment from your payment account can be ordered through Internet Bill Payment in an amount greater than the limit established for Bill Payment, which is currently $9,999.
- For a series of recurring payments from your payment account to be ordered through Internet Bill Payment, the payments must be (i) equal in amount, (ii) payable to the same payee and (iii) payable weekly, semi-monthly or monthly at regular intervals.
- We can at any time and without giving you any notice that we are going to do so refuse to honor any order to us given through Internet Bill Payment if, because the order identifies the same payee, payment date and amount, it appears to duplicate another payment ordered through Internet Bill Payment, but we have no obligation to determine, before honoring any order given to us through Internet Bill Payment, whether the payment ordered by you would duplicate another payment ordered by you.
- You will be responsible for giving any order to us to make a payment from your payment account through Internet Bill Payment in sufficient time for the order to be processed and the payment to be sent so that it is received by the payee of the payment by the date it is to become due without taking into account any grace period provided by the payee, and you will be responsible for all consequences of your not doing so (for example, any finance or late charge resulting from the payment being made late). If the payment is to be made by an electronic transfer of funds to the payee, up to 3 of our Business Days after the Business Day on which we receive the order will be necessary to allow for processing of the order so that the payment is received by the payee on the anticipated date. If the payment is to be made by the preparation and sending to the payee of a check, up to 7 of our Business Days after the Business Day on which we receive the order will be necessary to allow for the order so that the payment is received by the payee by the anticipated date.
You may use Internet Bill Payment to edit, by canceling or changing, future payments. The editing instruction must be received by 9:00 p.m. of the Business Day prior to the Business Day on which the payment is scheduled to be made.
- Checks Drawn on Your Checking Account
To place a stop payment order on a check you have written, you may send an electronic instruction through Internet Banking. You must transmit to us the exact amount of the item, the number of the check, and the number of the account; otherwise, the Bank's computer may not catch the stop payment order. The Bank is not responsible if the information transmitted does not exactly match the item you intended to stop. The Bank is entitled to a reasonable period of time after you give a stop payment order to act upon the instruction. An electronic stop payment order is effective for 6 months, unless renewed by a subsequent electronic instruction prior to the order becoming ineffective. If the Bank recredits your account after paying a check over a stop payment order, you agree to sign a statement describing the dispute with the payee, to transfer to the Bank all of your rights against the payee or other holder of the check, and to assist the Bank in legal action taken against that person. Except as required by law, the Bank will not honor stop payment orders on teller's checks, official checks, cashier's checks, guaranteed checks or certified checks.
- Stopping Payment on Checks Issued Through Internet Bill Payment
To issue a stop payment order on a check issued in accordance with your Bill Payment order through Internet Bill Payment, you must contact Bill Payment Customer Service by telephone. Such stop payments may be made only in accordance with procedures in effect at the Bill Payment Processor.
- Stopping Payment on Electronic Transfer of Funds
You may not stop payment on any electronic transfer of funds. You may, however cancel an order regarding a future payment as described in the section "Editing Future Payments" above.
Some people arrange with an information aggregator, or “screen scraper,” to have all their personal financial information- bank accounts, brokerage accounts, credit card transactions, mortgage, investments, and even mileage awards – in one place on the web. To make this possible, people must give their user ID and password to various online accounts so that the information can be viewed on the information aggregator’s website. If you voluntarily give your account information to an information aggregator or screen scraper, you recognize that you do so at your own risk. You understand we cannot verify the identity of the person gaining access to your account(s), whether that person is you, another individual to whom you have given your account information, or an information aggregator. If you share your account number with others, you agree that we will not be liable for the consequences. We may terminate your access to our online services if we have reason to believe an information aggregator or screen scraper is gaining access to your accounts.
General Provisions
You may request us to change the processing instructions for any IBS services (the "Services") at any time. We are not obligated to implement any requested changes until we have had a reasonable opportunity to act upon them. In making changes, we are entitled to rely on requests purporting to be from you. For certain changes, we may require that your requests be in writing, in a form and manner acceptable to us, or be from an authorized person you designate. In addition, certain requests for changes may be subject to our approval.
Whenever you use any of the IBS services covered by this Agreement, you agree to be bound by these terms and conditions. We may change the terms and conditions at any time, without prior written notice. We will post notice of any changes and the effective date of the changes on the Account Log-On page for Internet Banking Services at www.providentbanking.com.
Your continued use of the IBS services, after the effective date of the change, will indicate your agreement to the change.
Images of your cancelled or substitute checks will be available to you through IBS for viewing and printing. Other than making these images available through IBS, we will not return your cancelled or substitute checks (even if a provision in the Deposit Account Agreement says we will). You agree that viewing these images through IBS is deemed a reasonable manner of making checks or other items available to you for purposes of complying with the requirements of applicable law, including Section 4-406(1) of the New Your State Uniform Commercial Code. Once you receive your statement, you must exercise reasonable care and promptness to examine it and the images available through IBS in order to discover any unauthorized signature or alteration and you must notify us promptly.
Any written notice or other written communication to be given under the terms of this Agreement will be addressed to the applicable address specified on your Application (either email or mailing address). Notices are effective upon receipt, except as otherwise provided in this Agreement.
You agree that we may electronically monitor and/or record any telephone communications with you as permitted by law. If our records about any such communication are different from yours, our records will govern.
We will disclose information to third parties about you and your accounts as set forth in our Privacy Notice. Please refer to the Provident Bank Privacy Notice and Terms and Condition of Use, which can be found on the website.
Except for any agreement between you and us concerning any deposit account, loan account or transfer of funds, this Agreement constitutes and represents the entire agreement between you and us regarding the IBS we provide you and supersedes and extinguishes all prior agreements, understandings, representations, warranties and arrangements of any nature, whether oral or written, between you and us relating to such Service. This Agreement will be controlling in the event of any conflict between it and any other document or written or oral statement.
This Agreement is not for the benefit of any other person, and no other person has any right under this Agreement against you or us, and nothing contained in this Agreement creates any agency, fiduciary, joint venture or partnership relationship between you and us.
Notice of final agreement. This written agreement represents the final agreement between us and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties.
We are responsible only for performing the Internet Banking Services expressly provided for in this Agreement. We may contract with an outside vendor in providing any part of this Service.
With respect to the IBS, we will provide you with assistance by telephone at the numbers and during the hours specified by us in writing from time to time.
You are responsible for maintaining the security of your data and ensuring that it is adequately backed-up. We are not responsible for your loss of your data.
If any provision of this Agreement or the application of any such provision to any person or set of circumstances is determined to be invalid, unlawful, void or unenforceable to any extent, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, are not impaired or otherwise affected and continue to be valid and enforceable to the fullest extent permitted by law.
No delay or failure to exercise any right or remedy that we may have under this Agreement will be deemed to be a waiver of such right or remedy. No waiver of a single breach or default under this Agreement is a waiver of any other breach or default. Any waiver under this Agreement must be in writing.
This Agreement is governed by and interpreted according to (i) the law of the State of New York, without reference to the principles of conflicts of law of such state and (ii) to the extent applicable, U.S. Federal law.
We are liable to you only for actual damages incurred as a direct result of our failure to exercise reasonable care in providing this service. We may contract with an outside vendor in providing this service. While the outside vendor may be liable for any failure to exercise reasonable care in providing services, in no event will the Bank be responsible for an outside vendor's liability.
In no event will we be liable for any indirect, consequential or punitive loss, damage, cost or expense of any nature (even if advised of the possibility of such loss, damage, cost or expense), including, without limitation, any economic loss or damage, expense and loss of business, profits or revenue, goodwill and anticipated savings, loss of or corruption to your data, loss of operation time or loss of contracts.
We will not be responsible for the acts or omissions of you or your agents (including but not limited to the amount, accuracy, timeliness or authorization of any instructions or information from you) or the acts or omissions of any other person or entity, including but not limited to any clearing house association or processor, any U.S. Federal Reserve Bank, any other financial institution or any supplier, and no such person or entity will be deemed our agent.
We will not be liable for and will be excused from any failure or delay in performing our obligations for any Service if such failure or delay is caused by circumstances beyond our control, including any natural disaster (such as earthquakes or floods), emergency conditions (such as war, riot, fire, theft or labor dispute), legal constraint or governmental action or inaction, breakdown or failure of equipment, breakdown of any supplier, or your act, omission, negligence or fault.
We also will not be liable for any failure to act on our part if we reasonably believed that our action would have violated any law, rule or regulation.
You will pay us for the Internet Banking Services you use according to our schedule of charges in effect from time to time and you authorize us to charge the fee against any of your deposit accounts, established now or in the future.
Either you or we may terminate any or all Services upon 30 calendar days prior written notice to the other party. Notwithstanding the foregoing sentence, we may terminate any or all Services effective immediately in the event of your breach of this Agreement. Termination of a Service you use does not affect your payment obligations for services we provide to you before the Service is terminated.
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