Online and Mobile Banking Services Agreement
UNLESS YOU OPT-OUT, THIS AGREEMENT IS SUBJECT TO AN ARBITRATION PROVISION UNDER FEDERAL AND SOUTH CAROLINA LAW. PLEASE SEE YOUR CONSUMER OR COMMERCIAL MEMBERSHIP AGREEMENT FOR ADDITIONAL INFORMATION
Online and Mobile Banking Services Agreement
Effective February 13, 2024
This Online Services Agreement (“Agreement”) governs your use of the following services provided by AllSouth Federal Credit Union (“AllSouth”):
* Online Banking available through AllSouth’s website, Apple App Store®, or Google Play™ store.
* Online Statements and Documents
* Bill Pay Services
* Transfer Services
* Zelle
* Mobile Deposits
* Online and Mobile Alerts
* Financial Management Software
* Third-party Software and Content
* Secure Messaging
In this Agreement, “Services” refers to any online or mobile service available through AllSouth’s website, Online Banking platform, or Mobile Banking application. These Services permit you to perform a number of banking functions through the use of a personal computer, mobile devices, and tablet devices on accounts linked to the Services, including some with our affiliates. When you use any of the Services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of this Agreement.
Please read this Agreement carefully. By clicking “I Agree”, or by using the Services, you are agreeing to the terms of this Agreement. If you do not agree to the terms and conditions in this Agreement, do not register for the Services.
This Agreement covers, among other things:
* Our obligations to you.
* Your obligations as a user of the Services.
* How we send notices and disclosures.
* Reporting unauthorized access to your accounts.
* Limitations of our liability to you.
* Your agreement with us to use binding arbitration for disputes arising under this Agreement or about the Services and to waive the right to trial by jury.
Contact Information
If you have any questions regarding this Agreement or need assistance, please use the following methods to contact us:
* Mail: 730 Elmwood Ave., Columbia, SC 29201
* Email: [email protected] or we offer secure email on our website allsouth.org
* Phone: 803-736-3110 or toll-free at 1-800-272-0695
1. Definitions
Available Balance – Available Balance is the amount of money in your Account that is available for you to use. Your available balance is your current balance less:
• Holds placed on deposits
• Holds on debit card or other transactions that have been authorized but not yet posted
• Any other holds such as holds related to pledges of Account funds and minimum balance requirements or to comply with court orders
Business – An entity (not a Consumer) with an Eligible Account where Online Banking or Mobile Banking is requested for business banking purposes.
Business Day – Every official work day of the week not including Saturday, Sunday, and federal banking holidays
Consumer – A person (not a business) with an Eligible Account for which an Online Banking or Mobile Banking is requested primarily for personal, family, or household purposes.
Current Balance – Current Balance is the full amount of all deposits to your Account as well as payment transactions that have been posted to your Account. It does not reflect checks you have written and are still outstanding or transactions that have been authorized but are still pending. Your available balance is the amount of money in your Account that is available for you to use.
Deposit Accounts – Deposit accounts are accounts that allow money to be deposited and withdrawn. This includes checking, savings, and money market accounts.
Eligible Accounts – Includes each AllSouth product you have or have applied for that is accessible through the Website, Online Banking, or Mobile Application. Eligible Accounts include deposit accounts, loans, lines of credit, rewards accounts, consumer loans, business loans, and real estate loans.
Mobile Device – A cell phone, smart phone, tablet, or any other handheld or wearable device satisfying the hardware and software requirements we specify.
Online Banking, Mobile Banking, or the Service – The terms Online Banking, Mobile Banking, Services, or the Service, include:
* Each product or service you may access or enroll in through the Website, Online Banking, or Mobile Application.
* Actions you take, and instructions you give us, through the Website, Online Banking, or Mobile Application about opening or maintaining Eligible Accounts.
* Information we make available to you on the Website, Online Banking, or Mobile Application.
We, Us, Our, and AllSouth – Refers to AllSouth Federal Credit Union.
Website – All online services websites maintained by AllSouth and accessible through www.allsouth.org. This does not include any website with its own separate agreement governing online access. You will receive notice when leaving AllSouth’s website and accessing a website with its own separate agreement.
You or Your – Each Owner of an Eligible Account, a person applying for an Eligible Account, or Eligible Beneficiary entitled to online access of an Eligible Account.
2. About this Agreement
A. Description
The use of our Online and Mobile Banking Services require that you read and agree to the terms and conditions of this Agreement. This Agreement between you and AllSouth Federal Credit Union (“AllSouth”) governs your use of the Services. These Services permit you, as a member of AllSouth, to perform a number of banking functions through the use of a personal computer and mobile devices, on Eligible Accounts linked to the Service, including with some of our affiliates. Features and banking functions available in the Services are subject to change.
i. Age Requirements. By entering into this Agreement, you are certifying that you are at least 13 years of age or older. You agree to comply with all applicable laws and regulations in connection with the Services. Access to products and Services may be limited by the terms of your Consumer Membership Agreement.
ii. Prohibited Uses. You agree not to use the Services in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by AllSouth (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of AllSouth or any third party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose the AllSouth, any third party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of any third party. You agree that you will not attempt to: (i) access any services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Services, the security of the Services, or other customers of the Services, or otherwise abuse the Services. You acknowledge and agree that AllSouth has no obligation to monitor your use of Online and Mobile Banking for transactions and activity that is impermissible or prohibited under the terms of this Agreement; provided, however, that AllSouth reserves the right to decline to execute any transaction or activity that AllSouth believes violates the terms of this Agreement. When you use any of the Services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of this agreement.
B. Other Agreements and Conflicts between Agreements Your use of the Services are governed by: (1) this Agreement, (2) our Fee Schedule, (3) your application for Online and Mobile Banking and all implementation and enrollment forms, (4) any user guides and instructions we provide you on using the Service or any of the services, (5) all other agreements applicable to the deposit or loan accounts you access through Online and Mobile Banking, without limitations including the Consumer Membership Agreement and the Commercial Membership Booklet ,(6) our Privacy Policy, (7) any applicable overdraft protection/privileges agreement, (8) the terms of use for particular services and our website, and (9) any other applicable loan or account agreement as any of the foregoing may be amended from time to time (collectively, all agreements other than this Agreement are referred to as our “Other Agreements”.) Such documents, disclosures, and policies representing the sole and exclusive agreement between you and AllSouth regarding Online and Mobile Banking merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof. The terms and conditions of the agreements and disclosures for each of your deposits and loan accounts continue to apply notwithstanding anything to the contrary in this Agreement. In the event of any conflict between the Agreement and Other Agreements governing your deposits and loan accounts, this Agreement will control and take precedence, unless this Agreement specifically states otherwise. Other Agreements will only control with respect to the Eligible Account of the online financial services it is associated with, and only to the extent necessary to resolve the conflict or inconsistency.
C. Future Changes to This Agreement; Acceptance Except as otherwise provided in this Agreement or required by law, AllSouth may in our sole discretion amend or modify the terms of this Agreement from time to time and at any time. This may include adding new terms or different terms, or removing terms from this Agreement. When changes are made, we will update this Agreement on the Website. The Website will be updated on or before the effective date of the revised Agreement, unless an immediate change is necessary as required by law, to maintain the security of the Website, or for other legal reasons. You will be notified if we amend, or otherwise update this Agreement. Your use of any of the Services after the effective date of the new version of this Agreement will constitute your acceptance of the new version of this Agreement.
3. The Services
A. Permissible Usage Under the terms and conditions of this Agreement, you may use the Services to:
* Access your Eligible Accounts.
* Review available transactions for your Eligible Accounts.
* Transfer funds between your Eligible Accounts on either a one-time or recurring basis, including payments to loans at AllSouth.
* Transfer funds to other members at AllSouth.
* Transfer funds to other accounts you own at financial institutions other than AllSouth.
* Transfer funds to external accounts through our affiliate services.
* Obtain other financial services, including but not limited to, printing copies of monthly statements as a primary owner, updating your address or phone number, and changing your Online Banking Login ID or Password.
* Contacting AllSouth through secure messaging (secure email).
* Set up alerts.
We will update our Website if we eliminate or introduce new features to the Service. Some of the above services may not be available for certain customers. AllSouth reserves the right to restrict or suspend access to any or all products and services at our discretion.
You agree that you will not use the Services for any illegal, fraudulent, unauthorized, or improper manner or purpose, and will use the Services in compliance with applicable laws, rules, and regulations, including all applicable federal, state, and international internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services to transmit or disseminate:
* Junk mail, spam, or unsolicited materials to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;
* Material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers;
* Material or data that is illegal, or material or data, as determined by AllSouth (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of AllSouth or any third party;
* Material or data that is related to alcoholic beverages, tobacco, guns or weapons, illegal drugs, pornography, crime, violence, death, hate, gambling, or specifically mentions any wireless carrier or copies or parodies of the products or services of any wireless carrier;
* Viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
* Any material or information that is false, misleading, or inaccurate;
* Any material that would expose AllSouth, any third-party service provider involved in providing the Services, or any other third party to liability;
* Any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of any third party. You agree that you will not attempt to: (i) access any services for which you have not been authorized; (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner with the provision of the Services, the security of the Service, or other customers of AllSouth, or otherwise abuse the Services.
B. Account Ownership
If an Eligible Account is owned by more than one person, or has more than one Authorized Representative, each person individually may provide us with instructions, may make any decision, obtain any information, or make any request associated with the Eligible Account and related Online and Mobile Banking services, to the extent allowed by agreements covering the Eligible Accounts. If someone has control over or is an owner of a business (an “Account Owner”) that person may assign or remove authorized signers within Online and Mobile Banking. Owner(s) must provide AllSouth with an authorization that designates who is authorized to act on your behalf. We will honor the authorization until we receive written notice from an owner of a change to the Authorized Signer(s). We have no obligation to inquire as to the use of any funds to the purpose of any transaction made on your Account by an Authorized Signer and are not responsible for any unauthorized transaction made by an Authorized Signer. You agree to notify us immediately when an Authorized Signer’s authority ends. You are responsible for ensuring the Authorized Signer’s electronic access to the Account is removed. You are responsible for removing the Authorized Signer’s access to all of the Credit Union’s products and services associated with the Account. You must notify AllSouth immediately when an Authorized Signer’s authority ends so the name can be removed from all Credit Union records.
You agree that:
* Each of your Authorized Signer will be acting as your agent and will be bound by this Agreement and other agreements governing the Eligible Accounts or Online and Mobile Banking services.
* We may rely and act on the instructions of Authorized Signers.
* All transactions that an Authorized Signer performs on an Eligible Account or Online and Mobile Banking service, including those you did not want or intend, are transactions authorized by you. You are solely responsible for those transactions.
* You will be responsible for ensuring each Authorized Signer maintains the confidentiality of their Login ID, Password, or other login identification.
* If we get conflicting information, or if we believe that an Eligible Account’s security or our security may be at risk as a result of an Authorized Signer, we may at our sole discretion end the Authorized Signer’s access to the Service, an Eligible Account, and/or Online and Mobile Banking service.
C. Signature Requirement Waiver
Any requirements to verify two or more signatures on any item (such as checks) does not apply to electronic or telephone transfers. This means that you’re allowing an Authorized Representative on your Eligible Account to individually make electronic or telephone transfers, even though their authority to transfer or withdraw funds from your account by some other means (such as by check) must be exercised jointly with one or more persons in the branch. This provision controls and takes precedence over any conflicting provision in any other agreements you have with us.
D. Fees and Monthly Service Charges Except as otherwise provided in this Agreement or in AllSouth’s fee schedule, there is no monthly service charge or fee for accessing your Eligible Accounts through the Service.
4. Access
A. Eligibility and Access
You must have an active Eligible Account to register for the Service. You authorize AllSouth to provide access to your Eligible Accounts and Online and Mobile Banking Services. You may access your Eligible Accounts and Online and Mobile Banking Services through the Website or Mobile Banking Application to obtain information and perform permissible transactions. You expressly authorize any transaction facilitated through the Service:
* Initiated using your Login ID and Password;
* Initiated by you, at your direction, with your Login ID and Password, with your consent (whether expressed or implied).
* Initiated by an agent or Authorized Representative or Authorized Signer with respect to any Eligible Account accessed through the Service;
* Initiated by a member of your household, whether or not related to you;
* Initiated by any person (or that person’s agent) who is the owner or co-owner of any Eligible Account, which you may access through the Service;
* Which results in the transfer of funds between Eligible Accounts you may access through the Service, even if subsequent transfers out of the Eligible Account benefit someone else;
* Which is to or for your benefit(for example, the payment of a debt for which you are liable);
* Which you contend is unauthorized, unless you cooperate fully with us in our investigation of the transaction, assign to us your right of recovery against the wrongdoer if we reconstitute your Eligible Account and cooperate fully with us in the recovery of any loss we sustain and the prosecution of any wrongdoer. If you suspect that an unauthorized person has access to your authentication information such as your Login ID and Password, or believe your authentication information has been lost or stolen, or that someone may attempt to use the Service without your consent or has transferred funds without your permission, you must notify AllSouth immediately. Access to all login information and user activity is available within Online Banking.
B.Terminating Access
AllSouth may terminate your access to the Services at any time, without prior notice, with or without cause. If you violate any terms of this Agreement (including nonpayment of fees under any applicable fee schedule) or any Other Agreements you have with us, you agree that we may suspend or terminate your access to any of your Eligible Accounts or Services. We are not required to notify you before terminating access. Additionally, we are not required to reinstate or re-activate your access. For joint accounts, both individuals with access will have their own Login ID and Password. One user cannot unilaterally terminate the access of another joint accountholder. However, AllSouth reserves the right terminate any all access to the Service for all joint accountholders at the request of one joint accountholder. In addition to the right to terminate access, AllSouth may suspend the Services temporarily any time there is a dispute regarding the funds in your Eligible Accounts and may refuse to provide access to the Services or complete transactions until the dispute is resolve or we receive instructions from all joint accountholders. More information is available in our Consumer or Commercial Membership Agreement. If you close all your Eligible Accounts and terminate your access to the Services, or withdraw from the Services, we may suspend or terminate your access without prior notification.
If you close your Eligible Account, you could also lose access to your Services or, we may terminate your access to the Service. We are not required to reinstate or re-activate your access. In addition to our rights above, if you have no Eligible Accounts linked to the Service, or don’t use the Service for 90 consecutive days, we may at our discretion terminate your access without prior notification.
C.Hardware and Software Requirements
By accepting the terms of this Agreement and accessing the Services you agree that your personal computer or mobile device, operating system and internet browser satisfy all technical specifications and other requirements of AllSouth. AllSouth may change these specifications and/or requirements from time to time at its sole discretion. You are solely responsible for having the required hardware and software and for securing an internet service provider. You are also responsible for any and all fees relating to communications carriers (e.g. telephone, cable, DSL, or satellite), software providers (other than the software that AllSouth may provide you), and/or internet service fees that may be assessed by your communications carrier and/or internet service provider.
D. Login ID and Password Requirements
When enrolling, you will be prompted to choose a Login ID and Password. You must have a Login ID and Password that meets AllSouth’s security standard to use the Services. You may change your password at any time. We recommend that you change your password at least every 90 days.
You agree to notify AllSouth when you change your address, phone number, or email address. Failure to notify AllSouth of such change may affect the delivery of Eligible Account and Service documentation, including, but not limited to, all year-end tax reporting documents. To make certain changes to your contact information and preferences and to submit certain transactions within Online and Mobile Banking, we may also require that you confirm your identity by inputting a confirmation code that is sent to you by text message, email or telephone call.
To help prevent unauthorized access to your authentication information and ensure the security of your accounts, we will end your online session if we have detected no activity for a period of time. This is to protect you in case you accidentally leave your PC or Mobile Device unattended after you login. When you return to your PC or Mobile Device, you will be prompted to re-enter your authentication information.
When you sign onto the Service using your Login ID and Password you authorize AllSouth to follow the instructions we receive relating to your Eligible Accounts and to charge and credit your Eligible Accounts according to those instructions. You agree to keep all Login ID and Password information, as well as any codes we text message to you as part of the identity confirmation process, confidential and to take all reasonable precautions to protect the security of this information. You acknowledge that no person from AllSouth will ever ask you for your Password and that our employees do not need and should not ask for your Password. You therefore agree never to provide your Password to anyone claiming to represent AllSouth. If you give your Login ID or Password or make it available to another person, you authorize that person to access your Eligible Accounts through the Services and to give AllSouth instructions relating to your Eligible Accounts as an Authorized Representative. You also authorize us to comply with those instructions even if that person exceeds your authorization. AllSouth has no responsibility for verifying the identity of any person who uses your Login ID and Password. You agree that you are liable for any transactions received by AllSouth that include your Password. Except to the extent prohibited by applicable law or regulation, you will be deemed to have expressly authorized any transaction in the Service: Any person initiating the foregoing transactions will be deemed an authorized user except to the extent prohibited by applicable law or regulation.
E. Hours of Operation
You can access information through the Services seven (7) days a week, twenty-four (24) hours a day. There may be times, however, when all or part of the Services may be unavailable due to system outages or maintenance. AllSouth will assume no responsibility for any damage or delay that may result from such unavailability.
F. Viruses and Other Protection
You are responsible for taking and maintaining security precautions to protect your computer, data, and system. You agree that AllSouth is not responsible for any electronic virus, spyware, or malware that you may encounter while using the Services. AllSouth encourages you to routinely scan your computer using up-to-date, reliable virus, spyware, and malware protection products to detect and remove virus, spyware, or malware found. If undetected or unrepaired, a virus, spyware, or malware may corrupt and destroy your programs, files, or even your hardware. You are responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to your operating systems, and for protecting, securing, and backing up any data and information stored in or on your operating systems. AllSouth is not responsible for any failures or errors resulting from defects in or malfunctions of any software installed on your operating systems or accessed through an internet connection.
5. Electronic Disclosures and Communications
Unless otherwise required by applicable law or pursuant to your written request, in the event that AllSouth is required to provide a notice or other communication to you in writing, AllSouth may deliver electronic communications to you by any of the following methods:
(i) by posting a notice and making the information available to you through the Service;
(ii) by sending the information to an email address you have provided AllSouth;
(iii) to a Mobile Device you have designated;
(iv) to the extent permissible by law, by access to a website that AllSouth will generally designate for such purpose; or
(v) any other electronic means we have mutually agreed upon.
Delivery of an electronic communication by any these methods will be considered “in writing” and you intend that the electronic communications have the same legal effect as written and signed paper communications. Any notice or communication AllSouth gives you concerning the Service and/or your Eligible Account(s) is effective when AllSouth sends you an electronic message or when AllSouth mails or delivers the notice/communication to you at the address AllSouth has for you in AllSouth’s records. Any notice or communication AllSouth sends you will be deemed to have been received by you within three (3) days of being sent. If any of your Eligible Accounts has more than one co-owner, notice or communication to any one co-owner will be considered effective notice or communication to all. You may request a paper copy of the information up to sixty (60) days after receiving an electronic message. Subject to applicable law, updates to this Agreement, as well as all disclosures, notices, or other communications regarding the Services will be provided to you within the Services. You can obtain paper copy of any of these documents by contacting AllSouth using the methods identified in this Agreement.
6. Security
A. Description
In addition to your Login ID and Password, we may also require additional security procedures for certain transactions. These additional security procedures may require special hardware, software or third-party services. To enhance the security of your Eligible Accounts and Online and Mobile Banking Services, we may also offer you additional, optional security procedures. These could include personal reference questions and answers, random number generators, or one-time passwords. We may also require that you confirm your identity by inputting a confirmation code that is sent to you by text message, email or telephone call. You agree to keep all security codes, personal reference questions and answers, random number generators, one-time passwords, tokens, confirmation codes, Login IDs and Passwords confidential. You should notify AllSouth immediately if you think any of these security procedures have been disclosed or if such information has been lost, stolen, or an unauthorized person has accessed your Eligible Account.
We may also require the use or activation of specific applications, internet browser software features, plug-ins and add-ons, to use the Service. These could include JavaScript support and “cookies”.
To enable and enhance secure access to the Service, we may also access detailed information about the computer and mobile devices you use to access the Service. This could include telephone numbers and unique internal and network identifiers for your computer and Mobile Device. We also use cookies and other technology for information security and other purposes.
The Security Procedures may include the following:
* Login ID: the authorization of users and the assignment by AllSouth of individual Login IDs for such users.
* Password: the creation by each user of an individual user Password, which must be used in conjunction with a Login ID to access the Services.
* Security Questions: the use of a limited number of security questions to verify the identity of the user in the event unusual login or transaction activity is detected.
* Multi-Factor Identification: the use of codes, including one-time text message codes which allow AllSouth to verify your identity.
B. Login ID and Password Updates
You can change your Login ID and Password within Online and Mobile Banking at any time.
Login IDs and Passwords must meet the standards we establish. These standards are available for your reference whenever you create or change a Login ID and/or password. We may require you to change or update your Login ID and/or Password at any time. If we change these standards, you may have to change your Password to meet the new standards. We are not required to give you advance notice that we have changed the standards, or that we are requiring you to change or update your Password. You are responsible for keeping your Password confidential. We recommend you select a unique Login ID and Password combination for use only with the Service, and memorize it rather than writing it down.
C.Protecting Your Security
Even though information exchanged through the Service is protected by advanced encryption techniques while being transmitted, you still need to protect your Login ID and Password for the Service. You must notify us immediately if you suspect fraudulent activity on your Eligible Account or if you believe that:
* Your Password may have been lost or stolen.
* A Mobile Device or PC you use to access the Service has been lost, stolen or compromised.
* Someone viewed, downloaded, or deleted electronic records from your Eligible Account without your permission. In the event of unauthorized use of your Login ID and Password, or any other security or authentication technique we use, you may be liable for resulting losses, to the extent permitted by law.
D. Login Credentials for Mobile Banking
To use the Mobile Banking Application, you must have a compatible Mobile Device or tablet such as an Apple iPhone, iPad, or Android device, which can access the internet or a wireless data plan. You are responsible for the selection, installation, maintenance, and operation of your Mobile Device and its software. AllSouth is not responsible for any errors, failures, or malfunctions of your Mobile Device, software, or for any computer virus or related problems that may occur with your use of the Mobile Banking Application. You are responsible for ensuring that your Mobile Device and software are compatible with our system. We reserve the right to change our system requirements from time to time. The Mobile Banking Application may not be accessible or may have limited utility over some network carriers. We cannot guarantee and are not responsible for the availability of data services provided by your mobile carrier, such as data outages, unavailability of data plans, or “out-of-range” issues. We reserve the right to support only certain types of mobile devices and mobile operating systems. Note: some browser software may store user names and security codes to facilitate the future use of a website. For security reasons, you agree to disable this feature in your browser.
E. Your Role in Preventing Misuse; Reliance on Your Instructions
You understand the importance of your role in preventing misuse of your Eligible Account through the Online and Mobile Banking Service and you agree to promptly examine your statements for each of your Eligible Accounts as soon as you receive it. This obligation is in addition to any obligations you have related to your Eligible Accounts or the Other Agreements to promptly review your statements and report errors.
You agree to protect the confidentiality of your Eligible Account, Eligible Account number, Login ID and Password, and any other personally identifiable information, such as your driver’s license number and social security number. You understand that personal identification information by itself or together with information related to your Eligible Account may allow unauthorized access to your Eligible Account. Your Login ID and Password are intended to provide security against unauthorized entry and access to your Eligible Account. Data transferred via the Services utilizes identification technology to verify that the sender and receiver of the system transmissions can be appropriately identified by each other. Notwithstanding AllSouth’s efforts to ensure that the system is secure, you acknowledge that the internet is inherently insecure and that all data transfers, including email, occur openly on the internet and potentially can be monitored and read by others. AllSouth cannot and does not warrant that all data transfers utilizing the Services or any email transmitted to AllSouth will not be monitored or read by others.
The Services are not necessarily available everywhere and may not be available to non-residents or non-citizens of the United States. Any access or use of the Services from locations outside of the United States may increase the risk of compromising your Login Credentials. Certain non-United States internet service providers or IP addresses may be blocked and you may not able to access the Services. You agree to accept all liability for any compromise to your Login Credentials arising as a result of your use or access to Services from locations outside of the United States.
We will rely and act on instructions we receive through the Online and Mobile Banking Application. You are responsible and liable for those transactions to the extent allowed by law and as provided in this Agreement and all of the Other Agreements. All such instructions will be considered as having been given to us directly by you and shall have the same authority as your written signature in authorizing us to comply with the instructions. You agree that your use of a keypad, mouse, or other device to select an item, button, icon, or other similar act/action or to otherwise provide us instructions while using the Services or in accessing or making any transaction regarding any agreement, acknowledgement, consent, disclosure, or conditions, constitutes your signature, acceptance, and agreement as if actually signed in writing. Further, you agree that no certification authority or other third-party verification is necessary to validate your electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of your signature or any resulting contract between you and us.
You are responsible for maintaining current software upgrades and patch management. Additionally, anti-virus, anti-malware, and anti-spyware programs and firewalls should be maintained on all your systems, computers, Mobile Devices, and Access Devices. Additional security is also established by use of multi-factor authentication by AllSouth. You agree that AllSouth shall not have access to any passwords and can only reset such passwords. You shall be responsible for internal and external intrusion testing of your network system. You are responsible for systematic or operational risk contingency planning with regard to your network system. You are responsible for maintenance and connectivity of telecommunications with your internet service provider. In the event AllSouth is experiencing issues with the Services, AllSouth may, in its sole discretion, attempt to notify you of such issues.
You bear the risk of using Online and Mobile Banking, including the risk of erroneous and fraudulent transactions and the risk of all transactions using your Login ID and Password, and your liability for any Online Banking transactions where AllSouth followed the Security Procedures is unlimited. Unless otherwise required by applicable law, we are responsible for only the performing the Online and Mobile Banking Services as delineated in this Agreement. We will not be liable to you for failure to make a requested transfer or otherwise in the instances set forth above. If the transaction is made using your Login ID and Password, the transfer will be treated as your authorized transaction. You agree to keep your Password secure and strictly confidential, instruct each user with whom you give your Password not to disclose it to any unauthorized person, and immediately notify AllSouth and select a new password if you believe your Password may have become known by an unauthorized person.AllSouth will not be liable for any unauthorized payment or transfer using your password that occurs before you have notified us of unauthorized use and AllSouth has had a reasonable opportunity to act.AllSouth has the right to suspend and cancel your Login ID and Password even without receiving such notice from you, if AllSouth suspects that your information is being used in an unauthorized, fraudulent, or illegal way. You agree that AllSouth may send notices and other communications, including password confirmations, to the current address or email address shown in AllSouth’s records, whether or not that address includes a designation for delivery to the attention of a particular individual. You further agree that AllSouth will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business.
Nothing in the preceding paragraph is intended to change or alter AllSouth obligations under federal law, including any rights you have under the Electronic Funds Transfer Act, and its implementing regulations. For more information relating to your liability relating to unauthorized transactions or transfers, you should consult your Consumer Membership Agreement and the included Electronic Funds Transfer Agreement and Disclosure that discusses your liability for electronic funds transfers, including those initiation through the Services. In the event of any conflict between the terms of this Agreement and the Electronic Funds Transfer Agreement and Disclosure, the Electronic Funds Transfer Agreement and Disclosure will control.
IN NO EVENT WILL ALLSOUTH OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, ONLINE BANKING, THE INABILITY TO USE ONLINE BANKING, ANY MERCHANDISE OR SERVICES PURCHASED OR OBTAINED USING ONLINE BANKING, OR ANY MESSAGES RECEIVED VIA ONLINE BANKING OR ANY TRANSACTIONS THEREUNDER, EVEN IF ALLSOUTHHAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF ALLSOUTH AND OUR THIRD-PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00), EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE FEDERAL LAW.
7. Additional Provisions for Eligible Accounts
A. Removing Online Access
If you want to remove online access from an Eligible Account email us through the Service, or contact us using the contact information located at the beginning of this Agreement.
B. Electronic Funds Transfer Timing
Unless the Website or other Agreements say otherwise, electronic funds transfers completed through the Service before the transfer cut-off time on a Business Day will be posted to your Eligible Account the same day. Line of credit, loan, and mortgage transactions may take up to five (5) Business Days to process, but will post as of the Business Day the transaction was made.
All transfers completed after the transfer cut-off time on a Business Day, or on a day that is not a Business Day, will be posted on the next Business Day
Please note that electronic transfers:
* Between financial institutions will be processed, completed and posted by the other institution following its own rules.
* Initiated through the Member to Member Transfer Service may have different transfer cut-off or posting times.
C. System Maintenance
Sometimes you may not have access to one or more of your Eligible Accounts due to system maintenance or circumstances beyond our control.
D. Account Linking and Display
Eligible Accounts that are linked and displayed through the Online and Mobile Banking Services may be subject to certain limitations and restrictions. Eligible Accounts will appear within the Service without regard to who else may have an ownership interest in each Eligible Account. Eligible Accounts with at least one common owner may be linked through Online and Mobile Banking and may be linked and reported on a combined statement. When accounts are linked through Online and Mobile Banking or on a combined statement, you understand and agree that each owner and each signer on a linked account may be able to view information about all linked accounts.
8. CheckFREE® RXP (Bill Pay Services)
A. Description Our bill payment service (“Bill Pay”) lets members schedule bill payments through the Online and Mobile Banking Application. You must have at least one Eligible Account to use Bill Pay. Your use of Bill Pay is governed by this Agreement, the Bill Pay Terms of Service and the Bill Pay Privacy Policy.
B. Fees
All fees that may be charged to your Eligible Account for Bill Pay services are located in our Fee Schedule on our website.
C. Scheduling Payments
When making payments through Bill Pay, make sure you allow enough time for your payee to receive your payment and credit your account properly in order to avoid any late charges imposed by your payee.
Payments must be scheduled before 10:00 p.m. ET to be processed on that day. We may withdrawal funds from your Eligible Account on the Business Day following your Payment Sent Date. The necessary funds must be available in your Eligible Account from which the bill payments will be debited on the Payment Sent Date. Your Available Balance may be reduced by the amount of your payment on the calendar day following your Payment Sent Date, if that day is not a Business Day.
D. Payment Authorization and Payment Remittance
By providing AllSouth with the names, contact information, and/or account information of payees to whom you wish to direct payments, you authorize AllSouth and its third-party service providers to debit your Eligible Account and remit funds on your behalf in accordance with your payment instructions.
E.Stop/Change Payments
You have the right to stop or change any scheduled bill payment, but you must do so within the secure online session by 5:00 p.m. ET on the Payment Sent Date. As long as the “Cancel” button/link is still available within Bill Pay, a payment may be modified or cancelled by the user within the Bill Pay Service. If a check or payment has begun processing, a stop payment may be available by contacting AllSouth or through the stop payment feature within Online and Mobile Banking under the area titled “Accounts.” Stop payment requests are not guaranteed. Although the Bill Pay Service will make every effort to accommodate your request, AllSouth will have no liability for failing to do so. If the payment of a paper check is successfully stopped, it may take up to seven Business Days for the funds to be credited back to your Eligible Account. If you request a stop payment, we 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 set forth in the Fee Schedule for your Eligible Account.
F. Insufficient Funds Fee
FOR ANY ITEM YOU AUTHORIZE A PAYMENT THROUGH THE SERVICE THAT IS RETURNED FOR INSUFFICIENT FUNDS IN YOUR ELIGIBLE ACCOUNT, YOU MAY BE SUBJECT TO A FEE IN ACCORDANCE WITH THE OTHER AGREEMENTS. Your Membership or Commercial Membership Agreements provides detailed information on how AllSouth charges Insufficient Funds Fees.
G. Errors and Liability AllSouth will attempt to make all your payments properly. However, we shall incur no liability if we are unable to complete any payments initiated by you because of the existence of one or more of the following circumstances:
* Any other party that is meant to make a payment fails to properly transmit the payment to the intended payee. * Your Eligible Account and/or overdraft privilege lack sufficient funds or credit to cover the Bill Pay payment.
* A legal order directs us to prohibit withdrawals from the Eligible Account.
* Any part of the electronic funds transfer system network is not working properly and you have been advised or know about the malfunction before you execute the transaction.
* You have not provided the Bill Pay Service with the correct payment information, or the correct payment instructions including the correct name, address, phone number, email address, or account information of the payee.
* Circumstances beyond AllSouth’s control prevent the proper execution of the transaction.
Provided none of the foregoing exceptions are applicable, your account was in good standing, and you have a Consumer Eligible Account, if the Bill Pay Service causes an incorrect amount of funds to be removed from your Eligible Account or causes funds in your Eligible Account to be directed to a payee which does not comply with your payment instructions, AllSouth will be responsible for returning the improperly transferred funds to your Eligible Account, and for directing to the proper payee any previously misdirected transactions, and, if applicable, for any late payment related charges, up to $50.00. Provided none of the foregoing exceptions are applicable, and you have an Eligible Account, AllSouth’s liability for the Bill Pay will be set forth in Section M below. AllSouth will not be liable for indirect, special, or consequential damages from your use of Bill Pay. We do not recognize “grace periods”, “late after”, or “post marked by” dates when deciding whether to reimburse late fees or finance charges.
H. Joint Accounts
Each owner of an Eligible Account may use Bill Pay and has the same rights of access to account activity, including, but not limited to: notifying us of suspected loss, fraud, or canceling Bill Pay, etc. Each owner may enroll in Bill Pay individually. If they do, they will need a unique password and will have a separate payee list and payment history.
I.
AllSouth may terminate your access to Bill Pay without prior notice if you:
* Have Bill Pay and do not schedule or process a payment through Bill Pay for a continuous ninety (90) day period.
* Use Bill Pay for unauthorized purposes.
* Establish more than 999 payees.
* Close your Eligible Account and do not designate a new Eligible Account to fund Bill Pay payments within thirty (30) days of closing the account.
If your use of Bill Pay is terminated, your online bill payment information will be lost and all pending payments will be canceled and are your sole responsibility.
If you decide to terminate Bill Pay, AllSouth strongly suggests you cancel all future bill payments at the same time you cancel Bill Pay, either by deleting those payments yourself using Bill Pay or by contacting us. Once we have been notified that you have canceled Bill Pay, AllSouth will automatically delete all outstanding payment orders.
J.Additional Provisions for Eligible Business Accounts Only
The provisions of this Section apply only to bill payments from Eligible Business Accounts. For payment requests from Eligible Business Accounts, which are subject to Article 4A of the Uniform Commercial Code (UCC 4A), AllSouth is only liable for damages required to be paid under UCC 4A. AllSouth will never be liable for any exemplary, special,indirect, or consequential loss, damage, costs, or expenses of any nature, including, but not limited to: lost profits, even if we have been informed of the possibility of such damages, excepts as may be required by law.
AllSouth will have no liability to you for any unauthorized payment or transfer made using your user login credentials before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your login credentials without receiving such notice from you if we suspect that your login credentials are being used in an unauthorized or fraudulent manner. AllSouth will have no liability for such suspension or cancellation.
If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on that amount that we failed to timely pay or 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. We may pay such interest either to you or to the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any liability to the other. If we make a payment or transfer in an erroneous amount that exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to action a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will 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 no event to exceed sixty (60) days’ interest. If we become liable to you for interest compensation under this Section or applicable law, such interest will be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where AllSouth is headquartered for each day interest is due, computed on the basis of a 360-day year.
K. Monitoring
AllSouth has no duty to monitor payments made though Bill Pay. If you are a Business, and an Authorized Signer assigned by you uses your Eligible Account to pay bills that are not yours, you assume the entire risk of the loss. You also agree to indemnify and hold us and our directors and employees harmless from all loss, liability, claims, demands, judgments, and expenses (including attorney fees) arising from such use.
L. Limitations and Dollar Amounts for Payments.
For certain Eligible Accounts, applicable federal regulations impose certain limits on pre-authorized, automatic, and telephone transfers (including online transfers) to six (6) transfers per statement cycle. Loan payments to AllSouth are not included in these limits. For security reasons, AllSouth may impose additional limits on the frequency, number, and dollar amounts of the transactions you can perform using the Service. In addition, AllSouth reserves the right to pay or refuse to pay a person or entity to which you may direct a payment through the Service. We will notify you if we decide to refuse to pay a person or entity designated by you; however, this notification is not required if you direct us to make a payment which is otherwise prohibited in your transactions with us.
9. Transfer Services
A. Description
There are three (3) types of transfer services available within the Service.
1. Transfers – Transfer between your Eligible accounts at AllSouth.
2. Member to Member Transfers – Transfer between your Eligible accounts and another AllSouth member’s account.
3. External Transfers – Allows members to move money to and from accounts at other financial institutions to their Eligible Accounts at AllSouth. The External Transfer capabilities of the Transfer Service allows members to transfer funds into and out of checking, savings, and money market accounts between different financial institutions.
All funds transfer using any of the above transfer services are transferred using the Automated Clearing House (ACH) network.
B. Information Authorization for non-AllSouth Accounts
We may verify the non-AllSouth accounts you add to the Transfer Service. You authorize AllSouth to validate the non-AllSouth accounts in a manner selected by AllSouth, including through the use of a test transfer, in which one or more low value payments are credited to and/or debited from your non-AllSouth account. Once the test transfer is complete we may ask you to access the non-AllSouth account and to tell us the amount of the test credit or debit or any additional information reported by your financial institution with this test transfer. We may also verify the non-AllSouth accounts by requiring you to submit proof of ownership of the non-AllSouth account(s).
C. Accounts at other Financial Institutions
By using the Transfer Service, you represent and warrant to us that:
* You own the Eligible Account held with us and the account at the non-AllSouth financial institution.
* Your account at the non-AllSouth financial institution is a United States account.
* Your Eligible Account and non-AllSouth account and applicable laws permit transfers.
* You have the right to authorize and permit us to access your Eligible Account and non-AllSouth account to complete such funds transfers or for any other purpose authorized by this section.
* By disclosing to us and authorizing us to use the Eligible Account and non-AllSouth account information and complete the transfer you are not violating any third-party rights.
* Information you provide to us is true, current, and complete. You hereby authorize and permit AllSouth to use information you submit to make transfers and to configure the Transfer Service to be compatible with the Eligible Accounts and non-AllSouth accounts. At all times your relationship with each non-AllSouth financial institution is independent of AllSouth and your use of the Transfer Service. We will not be responsible for any actions or omissions by the non-AllSouth financial institution, including, but not limited to, any modifications, interruptions or discontinuance of any accounts by such financial institution, or by any third party. You understand and agree that AllSouth cannot guarantee and cannot be responsible for the transfer or return of funds by any other financial institution. Not all types of accounts are eligible for funds transfer. We may decline the use of any account that we believe may present a risk to you and/or AllSouth. Be sure to check with your financial institution for restrictions regarding transfers among your retirement, savings, trusts, loans, custodial, Business, corporate, and other account types. For more information, refer to your account agreement with the financial institution that maintains your non-AllSouth account.
D. Transfer Types and Limitations
We may add new features to the Transfer Service. You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply. We may at any time decline a funds transfer that we believe may violate law.
AllSouth has limits on the number of funds transfers you may make. Additionally, you may not make funds transfers in excess of the number of funds transfers allowed by the rules and regulations governing the applicable accounts. For security and risk management reasons we may modify the limit, the frequency, and dollar amount of transfers you can make using AllSouth’s Transfer Service. The limits on the frequency and dollar amount of transfers are solely for the protection of AllSouth. AllSouth may vary these limitations in AllSouth’s sole discretion at any time and will provide notice for any decrease in transaction limits.
You may not make funds transfers in excess of the dollar limits for the Transfer Service. We reserve the right to change the dollar amount of funds transfers you are permitted to make using our Transfer Service. In the event that your use of the Transfer Service has been suspended and reinstated you understand and agree that your use of the Transfer Service thereafter may be subject to a lower dollar amount limitation than would otherwise be permitted by AllSouth.
In addition, even if the proposed transfer is within the limits applicable for your account, we may (but are not obligated to) refuse to process a transfer or terminate your access to the Transfer Service if:
* Any of your Eligible Accounts with us is not current or in good standing;
* You had any prior transfer cancelled, revoked, or uncompleted due to stop payments, being over the limit set on the account, frozen accounts, fraud, or similar reason; or
* In AllSouth’s sole discretion, if AllSouth determines that you have abused the Transfer Service.;
In addition, we must receive your instruction to initiate the transfer before the applicable cutoff time on the Business Day the transaction is scheduled to be processed. If we do not receive your instruction before that time, we may process the transaction on the next Business Day.
All funds transfers are subject to the rules and regulations governing the relevant accounts. You may not initiate any funds transfers from or to an account that are not allowed under the rules or regulations applicable to such account including rules or regulations designed to prevent the transfer of funds in violation of the Office of Foreign Asset Control (OFAC) regulations. Upon learning that the funds transfer could not be completed, we may, but are not required to, make a reasonable effort to complete the transfer again. If the funds transfer fails, we will notify you to contact your non-AllSouth financial institution to learn more about the failure. AllSouth reserves the right to decline any funds transfer or to submit the funds transfer instruction or orders or to carry out change or cancelation requests. You represent and warrant to that you have enough money in your non-AllSouth accounts to make any funds transfers you request that we make on your behalf through the Transfer Service. If we receive a transfer request against your Eligible Account and there are not enough funds available in your Eligible Account to cover the transfer, we may at our sole discretion:
* Cover the transfer in accordance with the terms of any written overdraft privilege plan that you and we have established.
* Cover the transfer and create an overdraft to your Eligible Account.
* Decline the transfer.
We may make the decision regardless of whether we may have previously established a pattern of honoring or dishonoring overdrafts. Fees may vary depending on the actions we take. Any negative balance on your Eligible Account is immediately due and payable, unless we agree otherwise, in writing, and you agree to reimburse us for the cost and expenses (including attorney fees and expenses) we incur in recovering the negative balance (including overdraft and associated fees). Payments that are in process cannot be stopped or canceled. When the Transfer Service offers recurring and/or future one-time transfers, you may cancel any transfer as long as AllSouth receives the request before the process date of the one-time transfer or the next scheduled recurring transfer. For recurring transfers, you may cancel only the next scheduled transfer or the entire recurring transfer schedule. After the entire recurring transfer schedule is canceled, all future transfers will be canceled, and you must reschedule it if you want transfers to be made in the future.
E. Authorization
You agree that your transfer instructions are the authorization for us to complete the funds transfer. You authorize us to select any means to execute your funds transfer, such as ACH, wire transfer, or check. You will be bound by the rules and regulations that govern the applicable funds transfer system, such as ACH rules as published by the National Automated Clearing House Associations (NACHA). We will make all reasonable efforts to process your transfer requests in a timely manner; however, we reserve the right to hold funds pending settlement or for such period of time as we deem necessary, in our sole discretion, to cover items which may be returned unpaid.
F. No Unlawful or Prohibited Use
As a condition of the Transfer Service, you warrant to us that you will not use the Transfer Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Transfer Service in any manner that could damage, disable, overburden, or impair the Transfer Service or interfere with any other party’s use of the Transfer Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Transfer Service. The warranties and representations will remain in full force and effect even if this Agreement is terminated for any reason.
G.Account Number Discrepancies
AllSouth assumes no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other financial institutions or other parties to your transactions. You agree to provide us with prior written notice of any changes in your designated accounts with payees and other instructions that would affect our right or ability to process transfers or payments using the Services. If the instructions for a transfer under the Transfer Service identify a bank or beneficiary by name and account number, AllSouth or the relevant financial institution may execute those instructions by reference to the account number only, even if the account number does not correspond to the name. You agree that neither we nor the relevant financial institution will have responsibility to investigate discrepancies between name and account numbers.
H. Joint Account Holder for Consumer Accounts Only
By using the Transfer Services, you confirm that, if your Eligible Accounts are held jointly, your joint account holder has consented for you to use your Eligible Accounts for Transfer Services. Each joint account holder on Eligible Accounts at AllSouth has the right to access account activity and to view transfers scheduled to be debited from the Eligible Account. Joint account owners may cancel but not edit any pending or scheduled transfer where funds are being transferred from your AllSouth checking account if the cancellation occurs before the transaction is sent for processing. AllSouth reserves the right to end your use of the Transfer Service if any joint account holder notifies us that:
* The joint account owner never consented to your use of the Transfer Service;
* The joint account can no longer be operated on your instruction alone; or
* The joint account owner is withdrawing consent for you to use the joint account for the Transfer Service.
I. Responsibility for Errors
We must rely on the information you provided, and you authorize us to act on any instruction, which has been or reasonably appears to have been sent by you, to submit funds transfer instructions on your behalf. Financial Institutions receiving the funds transfer instructions may rely on such information. We are not obligated to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. If you provide us with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, we may recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of financial institutions holding the non-AllSouth account. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution. Any rights you may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with said financial institution, including any time limits during which complaints must be made. Please see Electronic Funds Transfer Agreement and Disclosure in Section 15 in this Agreement for terms and conditions that apply to electronic funds transfers that debit or credit a Consumer checking or savings and are subject to Regulation E.
J.AllSouth’s Liability
If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Eligible Account, or if we cause funds from an Eligible Account to be transferred to any account other than the Eligible Account specified in the applicable funds transfer instruction, AllSouth will be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Eligible Account. We are not liable for any costs, fees, losses or indirect, special or consequential damages of any kind incurred as a result of:
* Our debit and/or credit or inability to debit and/or credit the accounts in accordance with your funds transfer instructions; or
* Inaccuracy, incompleteness or misinformation contained in the information retrieved on the accounts; or
* Charges imposed by any non-AllSouth financial institution or by applicable law; or
* Funds transfer limitations set by the non-AllSouth financial institutions or applicable law; or
* Not enough money in your Eligible Account or non-AllSouth account to make the funds transfer; or
* Transfers exceeding the credit limit on any applicable overdraft line; or
* System failures at a non-AllSouth financial institution and we are unable to complete the transfer; or
* Circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; or
* The acts or omissions of any third party, including your non–AllSouth financial institution; or
* Any further limitations on liability as otherwise stated in the agreement(s) governing your Eligible Account with us.
There may be additional exceptions to our liability stated in this Agreement.
Except as otherwise required by law, we will, in no event, be liable for any losses and damages other than those arising from our gross negligence or willful misconduct or if we breach a representation or warranty from this Agreement.
K. Security
The financial institution where your non-AllSouth account is maintained may contact us to verify the content and authority of funds transfer instructions and any changes to those instructions. In connection with the Transfer Service we may provide to that financial institution such information required to verify the instructions and the verification may constitute a valid security procedure under the rules governing your Eligible Account.
You permit us to authorize your non-AllSouth financial institution to accept funds and transfer instructions in accordance with any authorization procedures you and such financial institution have agreed upon, or that we, on your behalf, and such financial institution have agreed upon, without verifying the instructions under the established security procedures, regardless of whether you agreed to the security procedures or we agreed on your behalf. In addition, we may authorize such Financial Institutions to charge and debit your Eligible Accounts based solely on these communications.
You agree that the password security described in this Agreement and in Section 6. sets forth security procedures for funds transfers that are commercially reasonable. For transfer requests to and/or from Eligible Business Accounts, which are subject to Article 4A of the Uniform Commercial Code (“UCC 4A”), you agree that we are liable only for damages required to be paid under UCC 4A. In no event will we be liable for any special, indirect or consequential loss, damage, costs or expense of any nature, including, without limitation, lost profits, even if we have been informed of the possibility of such damages, except as may be required by law.
10. Zelle® Transfer Service
A. Description of Services
AllSouth has partnered withZelleto enable a convenient way to transfer money between you and others who are enrolled directly in Zelle or enrolled with another financial institution that partners with Zelle using aliases, such as email addresses or mobile phone numbers. The Services and systems associated with Zelle may hereinafter be referred to as “Zelle” or the “application” as the context may warrant. Your use of Zelle is governed by the Zelle and Other Payment Services Additional Terms.
Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a financial institution that has partnered with Zelle.
THE ZELLE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. NEITHER ALLSOUTH NOR ZELLE OFFERS A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE WITH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
B. Electronic Funds Transfer Provisions Applicability
Your use of Zelle is subject to the Electronic Funds Transfer Act provisions set forth in your Consumer Membership Agreement as well as the Section entitled Electronic Funds Transfer Agreement and Disclosure in this Agreement.
C. Fees
You understand and agree that you are responsible for paying all fees associated with your use of Zelle. Applicable fees will be disclosed in the user interface for, or else within, Zelle. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER A PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, EXCEPT FOR THOSE FEES THAT ARE SPECIFIC USE BASED, SUCH AS REQUEST MONEY, IF APPLICABLE. There may be a charge for additional transfers and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated, registered Eligible Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard registered Eligible 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 or internet service provider.
D. Payment Cancellation/Stop Payment Requests
Our ability to stop a transfer instruction or recover funds associated with an unauthorized transfer instruction will depend on the manner in which the transfer instruction was initiated, and whether the transfer instruction to another user’s account has begun processing. We may not be able to cancel transfer instructions as the transfer instructions may be processed immediately. Transfers that have been processed cannot be cancelled or stopped. You agree that you, and not we, will be responsible for resolving any payment dispute with any user to whom you send money through a transfer. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting AllSouth. If we charge you to stop the payment or recover funds, then the charge for each stop payment or funds recovery request will be the current charge as set forth in our current Fee Schedule.
E. Failure or Rejection of Transfers; Refused Payments
We do not make any representation or warranty that any transfer can be completed or that it can be completed within a particular time period. Any estimates that we may provide concerning the completion date for the transfer is only an estimate and is not binding on us. You understand and agree that we may not be able to complete a transaction if (i) the receiving user does not enroll in Zelle; or (ii) the receiving user does not register with Zelle the email address or telephone number you have provided to us for the user. If you do not have enough money in your funding Eligible Account to make a transfer, we may reject the transaction. We reserve the right to decline to initiate or complete a transfer for any reason. We reserve the right to refuse to pay any user. We will attempt to notify the sender if we decide to refuse to pay a user designated by the sender. Notification is not required if you attempt to make an impermissible payment under this Agreement.
F. Disclaimer of Warranties
WE DISCLAIM WARRANTIES AND PROVIDE THE APPLICATION “AS IS”. YOUR USE OF THIS APPLICATION AND SERVICE IS AT YOUR OWN RISK. ZELLE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE APPLICATION AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALLSOUTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITHOUT REGARD TO THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALLSOUTH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS APPLICATION WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVERS THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALLSOUTH, DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE APPLICATION OR ANY WEB APPLICATIONS LINKED TO ZELLE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ALLSOUTH, MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN ZELLE OR ANY WEB APPLICATION WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ALLSOUTH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF ZELLE OR ANY OTHER WEB APPLICATION. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
ALL RIGHTS, OBLIGATIONS AND COVENANTS OF ALLSOUTH AND ANY ZELLE CUSTOMER WITH RESPECT TO ANY ZELLE PRODUCT OR SERVICE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF AN AGREEMENT EXECUTED BY YOU, ALLSOUTH, AND ZELLE. IF THERE IS ANY CONFLICT BETWEEN THESE TERMS AND THE AGREEMENT BETWEEN YOU, ALLSOUTH, AND ZELLE, THE AGREEMENT BETWEEN YOU, ALLSOUTH, AND ZELLE WILL CONTROL.
G. Limitation of Liability
IN NO EVENT WILL ALLSOUTH, ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE ZELLE OR ITS CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN ZELLE, THE PRODUCTS OR SERVICES DESCRIBED OR THE CONTENT, OR (III) ANY OTHER MATTER RELATING TO ZELLE, THE PRODUCTS OR SERVICES DESCRIBED, OR THE CONTENT, EVEN IF ALLSOUTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE, THE CONTENT OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ZELLE. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ALLSOUTH, ITS DIRECTORS, OFFICERS AND EMPLOYEES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
YOU AGREE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES, OR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF (I) OUR ACCESS TO THE ACCOUNTS; (II) OUR ABILITY TO DEBIT AND/OR CREDIT YOUR ACCOUNTS IN ACCORDANCE WITH YOUR TRANSFER INSTRUCTIONS; (III) ANY INACCURACY, INCOMPLETENESS, OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED ON THE ACCOUNTS; (IV) ANY CHARGES IMPOSED, OR ACTIONS TAKEN, BY ANY OTHER INSTITUTION; (V) ANY FUNDS TRANSFER LIMITATIONS SET BY ANY OTHER INSTITUTION; AND/OR (VI) LIABILITY ARISING FROM THE RECEIPT OR NON-RECEIPT OF THIRD-PARTY NOTIFICATIONS SENT TO TRANSFER FUNDS RECIPIENT’S EMAIL ADDRESSES OR MOBILE PHONE NUMBERS PROVIDED TO US.
Neither we nor Zelle shall have liability to you for any such transfers of money, including without limitation (i) any failure through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using Zelle.
YOU AGREE THAT YOU, NOT WE NOR ZELLE, ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER USER WITH WHOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, USING ZELLE.
H. Indemnification
You acknowledge and agree that you are personally responsible for your conduct using Zelle, and except as otherwise provided in this Agreement, you agree to indemnify, defend, and hold harmless us, Zelle, the financial institutions that partner with Zelle, and our respective owners, directors, officers, and agents from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use Zelle, or any violation by you of the terms of this Agreement.
I. Trademarks and Copyrights
The application and materials incorporated by Zelle on the application (“Zelle Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Zelle Intellectual Property Rights”). Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license. Some of the characters, logos or other images incorporated by Zelle on the application are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Zelle or others (“Trademarks”). Zelle respects the intellectual property rights of others and asks users of the application to do the same. You may not copy or use the names, marks or logos of Zelle or those of any of its U.S. financial institution customers (our “Network Banks”) in whole, in part, in modified form or otherwise. Certain third-party trademarks, logos and brands may appear on the application, and those are the sole property of their respective owners. Zelle is independent of its Network Banks, and none of the terms of any agreement between you and a Network Bank has any effect on or relation to this Agreement.
J. Release
If you have a dispute with one or more users, you release us from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown), arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
K. Investigations
AllSouth reserves the right to investigate suspected violations of this Agreement, including, and without limitation, any violation arising from any submission, posting, or e-mails you make or send to any forum. AllSouth may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. AllSouth may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If AllSouth believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. AllSouth will fully cooperate with any law enforcement authorities or court order requesting or directing AllSouth to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALLSOUTH AND ALL RELATED PARTIES OF ALLSOUTH FEDERAL CREDIT UNION FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ALLSOUTH OR ANY RELATED PARTIES OF ALLSOUTH FEDERAL CREDIT UNION DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE ZELLE GROUP OR LAW ENFORCEMENT AUTHORITIES.
L. Third-Party Applications
Zelle may link you to other applications on the Internet, such as the financial institutions that partner with Zelle. These other applications are not under the control of AllSouth, and you acknowledge that AllSouth is not responsible for the content, (whether or not such applications are affiliated in any way with AllSouth). AllSouth cannot ensure that you will be satisfied with any services that you obtain from any third-party application that links to or from AllSouth. AllSouth does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such applications. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any of these third parties. You acknowledge and agree that if you use those links, you will be subject to that third party’s terms of use, its privacy policy or information security policy or any other terms, policies, conditions or agreements applicable to that third party’s website.
M. Cancellation of Zelle
If you wish to cancel Zelle, you must contact us by sending your request by mail to: 730 Elmwood Avenue, Columbia, SC 29201. We may also be reached by telephone at (803) 736-3110 or (800) 272-0695 for questions or other purposes concerning Zelle, but such telephone calls will not constitute legal notice under this Agreement. Any payment(s) that have begun processing before the requested cancellation date will be processed by us.
O. Right to Terminate Access
If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend, or limit your access to or use of Zelle; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate or suspend this Agreement, access to, and/or use of Zelle for any reason or no reason at any time. The remedies contained in this Section 11 (FF) of this Agreement are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
11. Mobile Deposit Service
A. Description
AllSouth’s Mobile Deposit Service (“Mobile Deposit Service”) is only available through the AllSouth Mobile Banking Application. The Mobile Deposit Service enables you to use the AllSouth Mobile Banking Application and certain hardware (such as a smartphone or other Mobile Device) approved by us to create electronic images of the front and back of certain eligible paper checks and to transmit those images and other information, including, without limitation, information captured from the magnetic ink character recognition (“MICR”) line, to us for review and processing in accordance with this Section. “Electronic Check” means the electronic image of, and electronic information derived from, a paper check. After we receive your transmission, we will review each Electronic Check. For each Electronic Check that we determine is eligible for processing as described below, we will:
* Create a substitute check that we will present directly or indirectly to the bank on which the original paper check to which the Electronic Check relates is drawn, or at or through which the paper check is payable (each, a “Paying Bank”);
* Include the Electronic Check in an electronic file for presentment directly or indirectly to the Paying Bank; or
* Present or post any Electronic Check for which we are the Paying Bank. Your Mobile Device must capture the image of the front and back of each check to be deposited, including the MICR line on each check, and such other information as required by the Mobile Deposit Service or applicable law.
B. Qualification
In order to enroll in the Mobile Deposit Service, you must be designated as an Owner, Authorized Signer or Authorized Representative of an Eligible Account that qualifies for Mobile Deposit Service (“Mobile Deposit Eligible Account”), and is approved by us. In order to qualify for the Mobile Deposit Service you must:
* Have a Membership Share and Account that is 61 days or older,
* Be a member in good standing with no history of inappropriate activity, charge-offs, or a negative balance,
* Be approved for and have an active Eligible Account; and
* Have no more than one, thirty (30) day late payment on a loan with AllSouth in a rolling 12-month period. The items above are not an all-inclusive, and AllSouth reserves the right to change the qualifications for Mobile Deposit Service at their discretion and with no notice to you.
C.Fees
The Mobile Deposit Service is provided at no charge to you.
We may, with at least 30 days prior notice, to the extent required by applicable law, charge a fee for use of the Mobile Deposit Service. If you continue to use Mobile Deposit Service after the fee becomes effective, you agree to pay the service fee that has been disclosed or otherwise made available to you, as may be amended from time to time.
Any applicable fees for Mobile Deposit Services may be changed by us, at our discretion, at any time upon at least 30 days prior notice to you, to the extent required by applicable law. If the Eligible Account utilizing the Mobile Deposit Service is closed, or if the Eligible Account does not have sufficient available funds to cover the fees, you authorize us to charge any such fees to any other deposit account you maintain with us.
D.Creating and Transmitting Electronic Checks
You may use the AllSouth Mobile Banking Application to scan or otherwise create an electronic image of eligible paper checks that you wish to deposit to your Eligible Account by means of the Mobile Deposit Service and to transmit your Electronic Checks to us. In addition to the provisions of subsection I, below, the following items may not be deposited through the Mobile Deposit Service:
* International checks,
* U.S. savings bonds,
* U.S. postal money orders,
* MoneyGram®,
* Remotely created checks (whether in paper form or electronically created),
* “Substitute Checks” (as defined in Regulation CC or other applicable federal law or regulation) or “image replacement documents” that purport to be Substitute Checks,
* Checks containing alterations to any of the fields on the front of the check,
* Checks that have been previously deposited at another financial institution via physical item, image, or electronic funds transfer,
* Checks that are not payable in U.S. dollars,
* Non-negotiable instruments,
* Checks drawn against a line of credit (convenience checks or “electronically created items”), and
* Checks payable to “cash”. Except as noted in the preceding sentence, only checks and cashier’s checks drawn on or payable at or through a U.S. bank, can be transmitted through the Mobile Deposit Service. Additionally, only items that are made payable to, and endorsed by, you may be transmitted through the Mobile Deposit Service.
E. Processing Electronic Checks
If you transmit your Electronic Check(s) to AllSouth before the cut-off time we separately disclose to you (the “Cut-Off Time”) on any Business Day, we shall review and process your Electronic Check(s) on that Business Day. If you transmit your Electronic Check(s) to us after the Cut-Off Time on any Business Day, we shall review and process your Electronic Check(s) on the next Business Day. Once you have submitted an image of a check, you will receive a deposit confirmation message noting that your deposit has been submitted for processing. Your Electronic Check(s) is received by us when the Mobile Deposit Service generates a confirmation message. YOU SHOULD MONITOR YOUR ACCOUNT’S “AVAILABLE BALANCE” TO DETERMINE WHEN THE CHECK HAS BEEN PROCESSED AND THE FUNDS ARE AVAILABLE IN YOUR ACCOUNT. IT MAY TAKE A NUMBER OF DAYS BEFORE THE FUNDS ARE AVAILABLE. YOU SHOULD CONFIRM THAT THE FUNDS ARE SHOWN IN YOUR AVAILABLE BALANCE BEFORE YOU PLAN TO ACCESS THE FUNDS. The Mobile Deposit Service will allow you to confirm that your check has been scanned and submitted to AllSouth. You will receive a notice if your deposit is rejected for any reason.
F. ;Deposit Limits
AllSouth in its sole discretion may establish limits on the dollar amount and/or number of items or deposits which may be submitted through the Mobile Deposit Service from time to time. If you attempt to initiate a deposit in excess of these limits, AllSouth can reject your deposit. If AllSouth permits you to make a deposit in excess of these limits, such deposits will still be subject to this Agreement, and AllSouth will not be obligated to allow such a deposit at other times. For security reasons, these limits may not be disclosed to you in advance. However, you will always be notified if a specific item may not be deposited at the time you attempt to scan and remotely deposit the item.
G. Check Exceptions
Each Business Day when we review and process your Electronic Check(s), we will use commercially reasonable efforts to review each Electronic Check and to reject any Electronic Check that we in our sole discretion determine to be ineligible for the Mobile Deposit Service (each, an “Exception”). “Exception” includes, without limitation, an Electronic Check that:
a. Check Images items payable to any person or entity other than you;
b. Check Images of items drawn on banks located outside the United States;
c. Check Images of items not payable in United States currency;
d. Check Images that are illegible or otherwise do not meet the image quality requirements set forth below;
e. Check Images that contain an alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
f. Images of checks previously converted to Substitute Checks (as defined by The Check Clearing for the 21st Century Act and its regulations (“Check 21”));
g. Check Images with unreadable magnetic ink character recognition (“MICR”) information;
h. Checks issued by the United States Treasury (e.g., tax refund checks) or issued by the federal or state government (e.g., benefits checks);
i. Checks are not dated more than six (6) months prior to the date of transmission (e.g., a stale check);
j. U.S. Postal Money Orders;
k. U.S. Savings Bonds;
l. Traveler’s Cheques;
m. Money Orders;
n. Convenience checks or checks drawn on a line of credit; and
o. Checks that are not acceptable for deposit into the account as provided in the Terms and Conditions for the account.
We will notify you of each Exception through communication channels at our discretion. If you wish to attempt to deposit any Exception to your Eligible Account, you shall do so only by depositing the original paper check on which the Exception is based or as otherwise agreed between us. Even if we do not initially identify an Electronic Check as an Exception when we review and process the Electronic Check to which the Exception relates, the Electronic Check or the substitute check or the alleged substitute check created by us from it may nevertheless be returned to us because, among other reasons, the Paying Bank determines that such item or check is illegible or missing an image. Our failure to identify an Exception shall not preclude or limit the obligations of you to us under this Agreement. AllSouth may in AllSouth’s sole discretion, and without liability to you, refuse any check for any or no reason, or elect to take the check on a collection basis only. AllSouth reserves the right to charge back to your account, at any time, any item that AllSouth subsequently determines was an ineligible item or Exception. AllSouth is not liable for any loss, cost, or fees you may incur as a result of a chargeback of an ineligible item or Exception. You acknowledge and agree that while AllSouth normally provides notice of an Exception or a rejected deposit, AllSouth may reject any check transmitted through the Mobile Deposit Service in AllSouth’s sole discretion without notice to you, and AllSouth will not be liable for any such rejection or failure to notify you of such rejection. If AllSouth rejects a check for remote deposit, you must physically deposit the check.
H. Return of Check
You are solely responsible for verifying that checks that you deposit using the Mobile Deposit Service have been received for deposit by AllSouth. AllSouth will provide you with notice of rejected deposit or notice of any deposits that AllSouth is unable to process because the checks were returned unpaid by the payor financial institution. You agree to accept such notices in accordance with your agreements with AllSouth, but AllSouth may choose any reasonable method for providing such notices to you. In the event that AllSouth credits your Eligible Account for a check that is subsequently dishonored and returned, you authorize AllSouth to debit the amount of such check plus any associated fees from the Eligible Account. To the extent that funds in your Eligible Account are insufficient to cover the returned item, AllSouth shall debit the deficiency from any of your other accounts with AllSouth at AllSouth’s sole discretion. AllSouth’s right to charge your accounts will apply without regard to whether the check was timely returned or whether there is any other claim or defense that the check was improperly returned. You understand and agree, the original check will not be returned. You may not use the Mobile Deposit Service to deposit a Substitute Check and you may not deposit the original check through the Mobile Deposit Service or in any other manner if you receive a dishonored check. You agree to comply with any additional instructions AllSouth may provide you in connection with returned checks.
I. Image Quality.
You are responsible for the image quality of the Check Image you transmit. Each Check Image must include the front and back of the check and the following information must be readable: amount, payee name, drawer signature, date, check number, account number, routing and transfer number, MICR line, and any endorsement or other information written on the check. The quality of any Check Image must comply with the requirements established from time to time by American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. You acknowledge and agree that even if AllSouth does not identify a Check Image as ineligible, the Check Image may be returned to AllSouth because, among other reasons, the Check Image or any Substitute Check created from the Check Image is deemed ineligible by the financial institution upon which it is drawn or any intermediate collecting financial institution. AllSouth’s failure to identify a Check Image you transmit to us as ineligible shall not preclude or limit your obligations. You authorize us to process any Check Image you send to us or convert a Check Image to a Substitute Check, as defined by Check 21.
J. Keeping and Destroying Checks.
After Imaging. Upon your receipt of a confirmation from us that we received an image you transmitted, you agree to retain the check for at least fourteen (14) calendar days from the date of the image transmission. After fourteen (14) days, you agree to destroy the check or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to us upon request. You are responsible if an Original Check is misused for any reason and its full destruction. You are responsible for the safekeeping of all Original Checks.
K. Availability of Funds.
Generally, Check Image deposits received prior to 4:00 p.m., E.S.T. are processed on the business day of receipt. Any Check Image deposit received after this time or on Saturdays, Sundays, and holidays will be processed on the next business day. You agree that check images transmitted through the Mobile Deposit Service and the funds from deposits through the Mobile Deposit Service are not subject to the funds availability requirements of Regulation CC, 12 C.F.R. pt. 229. Deposits made through the Mobile Deposit Service are generally available for withdrawal three (3) business days after the date of deposit into your account. However, we reserve the right to delay availability based on such factors as the length and extent of your relationship with us, transaction and experience information, when we believe an item will not be paid, when you redeposit a check that has been returned unpaid, when you have overdrawn your account repeatedly in the last six (6) months, due to circumstances outside of our control such as an emergency or failure of computer or communications equipment, or such other factors as AllSouth, in its sole discretion, deems relevant. If a hold is applied to a deposit, AllSouth will notify you via email and advise when the funds will be available. Any credit to your account is provisional and remains subject to final payment of the checks. You remain liable to AllSouth for any returns, dishonor, errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against AllSouth with respect to the items deposited.
L.;Your Representations and Warranties to Us
You represent and warrant to us that:
* You will only scan and deposit checks as that term is defined in Regulation CC and you agree that the image of the check that is transmitted to AllSouth shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code.
* You will use the Mobile Deposit Service only for paper checks payable to, and endorsed by, you.;
* Prior to transmitting an image of the check, you will restrictively endorse the back of the check “For Mobile Deposit at AllSouth”,
* You will properly secure all hardware you use in connection with the Mobile Deposit Service (including, but not limited to, securing the hardware with a password, PIN, or other security credentials to prevent unauthorized use).
* You will review and verify for accuracy the information contained in the Electronic Check(s) before you transmit it to us.
* You will only transmit Electronic Check(s) that are drawn on or payable at or through banks located within the United States.
* You will not deposit checks that are payable in any currency other than United States currency.
* You will not deposit checks that are in violation of any law, rule, or regulation or any Other Agreement.
* You will not deposit checks you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
* You will not deposit checks that are dated more than six (6) months prior to the date of transmission.
* You will not submit checks that are issued by the United States Treasury (e.g., tax refund check) or issued by the federal or state government (e.g., benefits checks).
* You will not submit remotely created checks.
* You will not submit checks payable to “Cash.”
* You will not deposit any “third-party” checks.
* You will not submit any checks that are U.S. Postal Money Orders.
* You will not submit any traveler’s cheques.
* You will not submit any checks that are money orders.
* You will not submit any checks which are convenience checks or checks drawn on a line of credit.
* You shall only deposit checks that are authorized by this Agreement, any procedures communicated to you by AllSouth or the Mobile Deposit Service, and the Other Agreements.
* All data and other information submitted by you to AllSouth, including but not limited to data contained in the MICR line of each check, is complete and accurate and complies with the requirements of this Agreement.
* With respect to each check image that you transmit, you are deemed to have made any representation or warranty that would have applied had you deposited a paper check by other means.
* You will not: (i) create duplicate images of checks; (ii) transmit a duplicate image to AllSouth; or (iii) deposit or otherwise negotiate the original of any check of which an image was created. You further warrant that no subsequent transferee, including but not limited to AllSouth, a collecting or returning financial institution, drawer, drawee, payee, or endorser, will be asked to pay the original item from which the image was created or a duplication (whether paper or electronic, including ACH entries) of the item.
* All checks are, and will be, bona fide. All signatures on checks are authentic and authorized.
* No subsequent transferees of the items, including but not limited to AllSouth, a collecting or returning financial institution, drawer, drawee, payee, or endorser, shall sustain a loss as the result of the fact that the image was presented for payment or returned instead of the original check.
* If you have a Eligible Business Account, all information provided by you to AllSouth is true, complete, and accurate, and properly reflects the business, financial condition, and principal partners, owners, or officers of you. (i) You are authorized to enter into and perform your obligations under this Agreement; (ii) the person signing this Agreement or signature card on your behalf is duly authorized; (iii) this Agreement is valid and enforceable against you in accordance with its terms; and (iv) the entry into, and performance of, this Agreement by you will not violate any law, or conflict with any other agreement to which you are subject.
* There is no action, suit, or proceeding pending or, to your knowledge, threatened which, if decided adversely, would impair your ability to carry on your business substantially as now conducted or which would adversely affect your financial condition or operation.
* You will comply with the terms and conditions of this Agreement, applicable laws, and any other rules that apply to the Mobile Deposit Service.
* No files or checks contain any computer viruses or other harmful, intrusive, or invasive codes.
* No files or checks exceed the limitations set forth in this Agreement for any dollar limits or item number limits associated with the Mobile Deposit Service.
M. Agreement to Indemnify
You will indemnify, defend, and hold harmless AllSouth and its respective directors, officers, employees, third-party service providers, and agents (collectively “Indemnitees”) from any and all losses or damages, including attorneys’ fees, lost profits, and indirect or special damages, claims, obligations, demands, charges, costs, or expenses (awarded against or incurred or suffered (collectively, “Losses and Liabilities”) by Indemnitees arising directly or indirectly from or related to the following (except for Losses and Liabilities arising directly from our own gross negligence or willful misconduct):
* Any negligent or intentional act or omission by you in the performance of your obligations under this Section, including, but not limited to:
o Duplicate scanning of the same original paper checks;
o Transmission of duplicate Electronic Checks;
o Calculation errors of deposit totals;
o Numerical errors on deposit data entry.
o Fraudulent or unauthorized use of your hardware, username and/or passwords.
* Any material breach in a representation, warranty, covenant, or obligation contained in this Section;
* The violation of any applicable law, statute, or regulation in the performance of your obligations under this Section;
* AllSouth acting as a “reconverting bank” under the Check Clearing for the 21st Century Act through the creation of “substitute checks” or purported substitute checks using an Electronic Check or an illegible Electronic Check;
* Our presenting to the Paying Bank an Electronic Check for payment; and
* Your failure to:
o Securely maintain your hardware or the original paper check, or
o Properly and timely dispose of original paper checks in accordance with this Section, in which event such Losses and Liabilities shall include without limitation consequential damages.
You will further indemnify, defend, and save harmless Indemnitees from and against all Losses and Liabilities by Indemnitees arising directly or indirectly from or related to Regulation CC (12 CFR Part 229) as follows:
* To a drawer of a draft payable through us, we warrant that:
o The electronic image accurately represents all of information on the front and back of the original check as of the time the original check was truncated and the electronic information includes an accurate record of all MICR line information required for a substitute check (“Image Quality Warranty”) and
o The drawer will not receive a presentment of or otherwise be charged for an Electronic Check, an electronic returned check, the original check, a substitute check, or a paper or electronic representation of a substitute check, such that the drawer will be asked to make payment based on a check it has already paid (“No Double Debit Warranty”).
In the case of transfers for collection or payment, we also make the Image Quality Warranty and the No Double Debit Warranty to the transferee bank, any subsequent collecting bank, and the Paying Bank. If any Indemnitee suffers any losses or liabilities arising directly or indirectly from or related to a breach of any of these warranties, you will indemnify the Indemnitee and not hold it responsible or liable.
* To an owner of a check, we also make the Image Quality Warranty and the No Double Debit Warranty. If any Indemnitee suffers any losses or liabilities arising directly or indirectly from or related to a breach of any of these warranties, you will indemnify the Indemnitee and not hold it responsible or liable.
* Through our providing the Mobile Deposit Service to you, we are required to indemnify a depository bank that accepts the original check from which an Electronic Check is created for losses incurred by that depository bank if the loss is due to the check having already been paid. If any Indemnitee suffers any losses or liabilities arising directly or indirectly from or related to such depository bank indemnity obligation, you will indemnify the Indemnitee and not hold it responsible or liable.
* If we transfer or present an “electronically created item” and receive settlement or other consideration for it, we are required to indemnify each transferee bank, any subsequent collecting bank, the Paying Bank, and any subsequent returning bank against losses that result from the following:
o The electronic image or electronic information is not derived from a paper check;
o The person on whose account the electronically created item is drawn did not authorize the issuance of the item or to the payee stated on the item; or
o A person receives a transfer or presentment, or return of, or otherwise is charged for an electronically created item such that the person is asked to make payment based on an item or check it has paid.
If any Indemnitee suffers any losses or liabilities arising directly or indirectly from or related to such electronically created item indemnity obligation, you will indemnify the Indemnitee and not hold it responsible or liable.
This indemnity shall survive the termination of the Mobile Deposit Service.
N. Termination
You may terminate the Mobile Deposit Service at any time. Furthermore, AllSouth reserves the right to terminate your access to the Mobile Deposit Service at any time at our discretion. If the Mobile Deposit Service is terminated, your representations and warranties will remain in effect. The terms relating to the Mobile Deposit Service will remain applicable to any checks or items that you submitted prior to termination.
O. Right to Audit
We may periodically audit and verify your compliance with this Section. You agree to cooperate and provide information or documents at your expense as may be reasonably requested by us in the course of such audit.
P. Grant of Security Interest
You grant AllSouth a security interest in all accounts or other deposits, to secure your obligations to AllSouth with respect to the Mobile Deposit Service. This security interest will survive the termination of this Agreement. AllSouth may hold funds on deposit with us after termination of the Mobile Deposit Service for up to fourteen (14) calendar days following the expiration of any return or chargeback rights regarding any checks processed by you through the Mobile Deposit Service, or, if later, until any other claims to such funds have expired.
Q. Contingency Plan You agree that, in the event you are not able to capture, balance, process, produce, or transmit an image of a check to AllSouth, or otherwise comply with the terms hereof for any reason, including, but not limited to, communications, equipment or software outages, interruptions or failures, you will take the checks to the nearest AllSouth branch. The deposit of the checks at an AllSouth branch shall be governed by the terms and conditions of the Other Agreements and not the terms of this Agreement.
R. Compliance with laws.
You agree to use the Mobile Deposit Service for lawful purposes and in compliance with all applicable laws, rules, and regulations. You are prohibited from engaging in, and you represent and warrant to AllSouth that you do not and shall not engage in, any business activity that:
* Would result in your being or becoming a money services business that regularly cashes third party checks, sells money orders, or handles wire transfers or other financial services for a third party;
* Would result in your accepting restricted transactions in connection with another person in unlawful internet gambling;
* Would result in AllSouth being used as a conduit for money laundering or other illicit purpose; or
* Would directly or indirectly result in any activity or use of the Mobile Deposit Service that may be illegal or fraudulent.
S. Limits on Liability and Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE MOBILE DEPOSIT SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALLSOUTH DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE MOBILE DEPOSIT SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALLSOUTH MAKES NO WARRANTY THAT THE MOBILE DEPOSIT SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ALLSOUTH WILL MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE MOBILE DEPOSIT SERVICE OR TECHNOLOGY WILL BE CORRECTED.
YOU AGREE THAT ALLSOUTH WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ANY MOBILE DEPOSIT SERVICE, REGARDLESS OF THE FORM OF ANY ACTION OR CLAIM (WHETHER CONTRACT, TORT, UNDER STATUTE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ALLSOUTH MAY HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
12. Online and Mobile Alerts
A. Description
The alerts service (“Alerts Service”) allows you to receive notices (collectively, “Alerts” and individually, “Alert”) from time to time concerning available Eligible Account information and other matters regarding your Eligible Accounts. You may receive Alerts via SMS text message through a SMS-enabled Mobile Device (“SMS Alert”) or through email (“Email Alert”),
AllSouth reserves the right to change or remove any and all Alerts associated with the Alerts Service. AllSouth shall have no liability for failure to provide such notice or for removing such notices. AllSouth will notify you when new statements are posted to your Eligible Account online through the Alerts Service.
By using the Alerts Service, you represent that you are the owner of the mobile phone you enrolled or that you have delegated legal authority to act on behalf of the owner of such mobile phone number. You consent to the receipt of text messages from AllSouth and you consent to the receipt of push notifications delivered through AllSouth’s Mobile Banking application. You agree that AllSouth or our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
* You are responsible for any fees or charges that your wireless carrier may charge for any related data, text, or other message service, including, without limitation, for short message services.
* You will immediately notify us if any mobile phone number you have enrolled is (i) surrendered by you; or (ii) changed by you.
* AllSouth is not liable for any delay or failure to deliver any message sent to or from AllSouth due to a wireless carrier, including messages that you may send through AllSouth or that AllSouth may send on your behalf.
When you set up your Alerts, you will be advised of the types of Alerts available, the delivery associated with such Alerts, and the timing of such Alerts within the Alerts Service.
B. No Warranty; Indemnity
You acknowledge and agree that your receipt of any Alert may be delayed or prevented by factor(s) outside of our control, including factors affecting your wireless service provider and coverage in your area. We do not guarantee the delivery, timeliness, or accuracy of the contents of each Alert. The Alerts Service is subject to transmission limitations and service interruptions. You must promptly notify us if you are unable, for any reason, to receive Alerts. You agree to indemnify, defend, and hold AllSouth harmless from any and all losses or damages, including attorneys’ fees, lost profits, and indirect or special damages, including, but not limited to, those relating to bank secrecy or financial privacy laws or regulations, that may arise, directly or indirectly, in whole or in part, from a non-delivery, delayed delivery, or the misdirected delivery of an Alert; inaccurate or incomplete information contained in an Alert; your reliance on or use of the information provided in an Alert for any purpose; or any third party, whether authorized or not, obtaining information regarding your Eligible Account disclosed in the Alerts.
C. Your Responsibility
Alerts do not constitute a record for the Eligible Account to which it pertains, rather, they will reference Eligible Account records. AllSouth does not assume any additional responsibility or obligation under this Agreement with respect to the use of, or any transaction or eventuality involving, your Eligible Account. The Alerts Service does not free you from the responsibility of safeguarding the physical security and authorized use of your Eligible Account or from your obligation to promptly review your Eligible Account statement as provided in this Agreement and the Other Agreements. AllSouth reserves the right to suspend, terminate, and/or modify the Alerts Service without liability at any time, without prior notice to you. When we send you an Alert, it will be treated as available and received when it is posted to your Eligible Account and transmitted to the then current phone number or Mobile Device on file for your Eligible Account. We may deactivate the sending of Alerts to you if your Eligible Account is not used for a purchase, ATM transaction, deposit, or transfer for a period of time. If Alerts are deactivated for your Eligible Account and you resume use of your Eligible Account and wish to restore Alerts, you will be required to re-enroll your Eligible Account in the Alerts Service to restore the Alerts. It is your responsibility to:
* Ensure the security of your Mobile Device or PC;
* Determine if your wireless provider supports SMS; and
* Ensure your Mobile Device is capable of receiving SMS or push notifications. You are solely responsible for any fees imposed of any kind whatsoever by your wireless service provider in connection with the Alerts.
D. Sending Alerts and Opting Out
The Alerts Service allows you to receive Alerts based on the instructions that you provide to us, including the mobile number you provide to us. You hereby acknowledge and accept that each Mobile Alert may be sent to you without being encrypted and may include your name and information pertaining to your account. Information, such as your balance, may be included. If anyone accesses your Mobile Device, they may be able to view the content of these Alerts. You are solely responsible for restricting access to your Mobile Device and maintaining the confidentiality of any information displayed through a Mobile Alert.
By enrolling in the Alerts Service, you are consenting to receive Alerts and other messages delivered via text message or push notification to your Mobile Device. Message and data rates may apply to your use of the Alerts Service. See your wireless provider for pricing plan details. The SMS Alert Service is separate and apart from any other charges assessed by your wireless carrier for text messages sent to or received from your financial institution. The Push Alert Service is separate and apart from any other charges that may be assessed by your wireless carrier for data charges. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including, without limitation, for short message services.
G. Terminating Alerts
AllSouth may terminate or change your use of the Alerts Service at any time without notice. We may also change, modify, or cancel either the content or the delivery method of any automatic or subscription Alerts.
13. Electronic Funds Transfer Agreement and Disclosure (For Consumer Accounts Only)
A. Description
This Agreement is governed by the Electronic Funds Transfer Agreement and Disclosure contained in your Consumer Membership Agreement. It is the contract which covers your and our rights and responsibilities concerning the electronic funds transfer (“EFT”) services (“EFT Services”) offered to you by AllSouth Federal Credit Union.
B.Online and Mobile Banking.
At the present time, you may use Online and Mobile Banking to:
* Transfer funds from your Eligible Accounts to internal AllSouth Eligible Accounts.
* Transfer funds from your accounts at other financial institutions.
* Obtain balance information on all your accounts.
* Make loan payments from your savings and checking accounts.
* Access your HELOC and Personal Line of Credit accounts.
* Sign up for and Alerts.
* Open a new account.
Your accounts can be accessed under Online and Mobile Banking via personal computer, web-enabled smart phone or other web-enabled Mobile Device through the use of our Online Banking or Mobile Banking Services. Online and Mobile Banking will be available for your convenience twenty-four (24) hours per day. These Services may be interrupted from time to time for data processing and regular updates.
AllSouth reserves the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds.
C. Transfer Limitations
For any Savings or Money Market accounts, no more than six (6) preauthorized, automatic, telephone, or electronic/online transfers and withdrawals may be made from each account to another account of yours or to a third party in any month. If you exceed these limitations, your account may be subject to a fee or be closed. For security reasons, there may be limits on the numbers of transfers you can make using our terminals. Please refer to the Funds Availability Policy Disclosure for additional transfer limitations that may apply to these transactions.
D. Conditions of EFT Services
* Ownership of Cards. Any debit card or other device which we supply to you is our property, or to any person whom we authorize to act as our agent, or to any person who is authorized to honor the debit card, immediately according to instructions. The debit card may be repossessed at any time at our sole discretion without demand or notice. You cannot transfer your debit card or account to another person.
* Honoring the Card. Neither we nor merchants authorized to honor the debit card will be responsible for the failure or refusal to honor the debit card or any other device we supply to you. If a merchant agrees to give you a refund or adjustment, you agree to accept a credit to your account in lieu of a cash refund.
* Foreign Transactions. Purchases and cash withdrawals made in foreign currencies will be debited from your account in U.S. dollars. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives or the government-mandated rate in effect for the applicable central processing date. The exchange rate used on the processing date may differ from the rate that would have been used on the purchase date or cardholder statement posting date. A fee of 1% of the amount of the transaction, calculated in U.S. dollars, will be imposed on all foreign transactions, including purchases, cash withdrawals and credits to your account. Transactions completed by merchants outside of the U. S., Puerto Rico or the U.S. Virgin Islands are considered foreign transactions, regardless of whether you are located inside or outside the U.S., Puerto Rico, or U.S. Virgin Islands at the time of the transaction.”
* Security Access Code. You may use one or more access codes with your electronic funds transfers. The access codes issued to you are for your security purposes. Any codes issued to you are confidential and should not be disclosed to third parties or recorded on or with the debit card. You are responsible for safekeeping your access codes. You agree not to disclose or otherwise make your access codes available to anyone not authorized to sign on your accounts. If you authorize anyone to use your access codes that authority shall continue until you specifically revoke such authority by notifying AllSouth. You understand that any joint owner you authorize to use an access code may withdraw or transfer funds from any of your accounts. If you fail to maintain the security of these access codes and we suffer a loss, we may terminate your EFT Services immediately.
* Joint Accounts. If any of your accounts accessed under this Agreement are joint accounts, all joint owners, including any authorized users, shall be bound by this Agreement and, alone and together, shall be responsible for all EFT transactions to or from any savings and checking or loan accounts as provided in this Agreement. Each joint account owner, without the consent of any other account owner, is authorized by every other joint account owner to, make any transaction permitted under this Agreement. Each joint account owner is authorized to act for the other account owners, AllSouth may accept orders and instructions regarding any EFT transaction on any account from any joint account owner.
E. Fees and Charges
There are certain fees and charges for electronic funds transfer services. For a current listing of all applicable fees, see our current Fee Schedule that was provided to you at the time you applied for or requested these electronic services. From time to time, the charges may be changed. We will notify you of any changes as required by applicable law.
If you use an ATM not operated by AllSouth, you may be charged a fee by the ATM operator and by any national, regional, or local network used in processing the transaction (and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer). The ATM surcharge will be debited from your account if you elect to complete the transaction or continue with the balance inquiry.
F. Member Liability Applicable to Consumer Accounts (see Section M below for Business Accounts)
The following provisions apply to electronic funds transfers and provide a summary of the information contained in the Electronic Funds Transfer Agreement and Disclosure that is associated with your account. You should notify us immediately if you believe that your account information has been lost or stolen, if you believe your account has been improperly accessed, or if you believe that an electronic fund transfer has been made without your permission.
Nothing in this Section L is intended to change or alter AllSouth obligations under federal law, including any rights you have under the Electronic Funds Transfer Act, and its implementing regulations. For more information relating to your liability relating to unauthorized transactions or transfers, you should consult your Consumer Membership Agreement and the included Electronic Funds Transfer Agreement and Disclosure that discusses your liability for electronic funds transfers, including those initiation through the Services. In the event of any conflict between the terms of this Agreement and the Electronic Funds Transfer Agreement and Disclosure, the Electronic Funds Transfer Agreement and Disclosure will control. The following information is provided for convenience only and reflects the terms of your Membership Agreement with AllSouth. If the electronic fund transfer is from a Consumer Eligible Account, your liability for an unauthorized transaction will be determined as follows:
DEBIT AND ATM CARD TRANSACTIONS
Electronic Funds Transfer
AllSouth ATM
Description: View your account balance, make withdrawals from your account, and transfer funds between your accounts.
Covered: Yes
Non-AllSouth ATM
Description: Withdrawal cash (fees may apply)
Covered: Yes
Purchase at Participating Merchants
Description: Purchase goods and services from merchants accepting payment through the Visa network in which we participate (fees may apply)
Covered: Yes
Over-the-counter (teller assisted) Visa cash advances at AllSouth locations
Description: Withdrawal cash through an AllSouth teller
Covered: Yes
Over-the-counter (teller assisted) Visa cash advances at non-AllSouth locations
Description: Withdrawal cash through a non-AllSouth teller (fees may apply)
Covered: Yes
Bill Payments
Description: Member authorized one-time or recurring electronic payments from your account using information from your debit card
Covered: Yes
ELECTRONIC TRANSFERS, PAYMENTS, CREDITS, AND ELECTRONIC CHECK CONVERSIONS
Electronic Funds Transfer
Transfers
Description: Send or receive transfers between your accounts or to other recipients at AllSouth or other financial institutions
Covered: Yes
Payments
Description: One-time or recurring payments from your account that you initiate or preauthorize from your account processed through automated clearing house (ACH)
Covered: Yes
Credits
Covered: Automatic electronic deposits to your account such as payroll or benefits payments processed through automated clearing house (ACH)
Covered: Yes
Electronic Check Conversions
Description: Electronic funds transfer using information from a check
Covered: Yes
* If you notify us within two (2) Business Days after learning of the loss or theft of your Password or Login ID, or any other means to access your account such as your debit card, ATM card, code, you can lose no more than $50 if someone used your Password or Login ID without your permission.
* If you do NOT notify us within two (2) Business Days after learning of the loss or theft of your Password or Login ID, and we can prove we could have stopped someone from using your Password or Login ID without your permission had you told us, you could lose as much as $500.
If your periodic statement shows transfers that you did not make, including those made by card, code or other means, notify us immediately. If you do not tell us within sixty (60) days after the statement was mailed or emailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.
In case of errors or questions about electronic funds transfers from your Eligible Accounts or if you need more information about a transfer on the statement or receipt, call us or send us a written notice to the following address as soon as you can.
AllSouth Federal Credit Union
730 Elmwood Avenue
Columbia, SC 29201
When you call or write to us, please provide the following information:
* Tell us your name and account number.
* Describe the electronic transfer you are unsure about, and explain as clearly as you can why you believe AllSouth has made an error or why you need more information.
* Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) Business Days. 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. If we need more time, however, we may take up to forty-five (45)** days to investigate your complaint or question.
If we decide to do this, we will credit your account within ten (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 ten (10) Business Days, we may not credit your account.
We will tell you the results within three (3) Business Days of completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
* If you give notice of an error within thirty (30) days after you make the first deposit to your account, we will have twenty (20) Business Days instead of ten (10) Business Days.
* * If you give notice of an error within thirty (30) days after you make the first deposit to your account, notice of an error involving a point of sale transaction, or notice of an error involving a transaction initiated outside the U.S., its possessions and territories, we will have ninety (90) days instead of forty-five (45) days to investigate.
NOTE: If the error you assert is an unauthorized Visa transaction, other than a cash disbursement at an ATM, we will credit your account within five (5) Business Days unless we determine that the circumstances or your account history warrant a delay, in which case you will receive credit within ten (10) Business Days.
If you have a Consumer Eligible Account and we do not complete a transfer to or from your Consumer Eligible Account on time or in the correct amount according to our agreement with you, we will be liable for your losses and damages. However, there are some exceptions. We will not be liable (whether or not you have a Consumer Eligible Account), if, for instance:
* Through no fault of ours, you do not have enough money in your Eligible Account to make the transfer.
* The transaction will exceed the available credit limit on any applicable linked line of credit.
* Bill Pay is not working properly.
* The person or entity to which you direct payment mishandles, delays, or fails or refuses to accept a payment sent by us.
* You have provided us with incorrect, incomplete, or inaccurate data or other Eligible Account information, including but not limited to date related errors, or you have otherwise failed to comply with the payment or transfer instruction requirements set forth in this Agreement.
* There are technical problems in our receipt of information or instructions from you (for example, problems arise with computers, software, modems, or telephone communications, including but not limited to date related problems).
* Circumstances beyond our control (such as, but not limited to, fire, flood, interference from an outside force, strikes, lockouts, acts of governmental authorities, delays of couriers or supplies, communications equipment failures, or equipment malfunction occurring despite ordinary maintenance), including but not limited to date related problems, prevent the proper execution of the transaction, despite reasonable precautions we have taken.
* This Agreement or your transfer authorization has been terminated.
* Your Eligible Account has been closed, there is a hold on funds in your Eligible Account, or access to your Eligible Account is blocked in accordance with our policies.
* Your funds are subject to legal process or encumbrances restricting transfer.
* Applicable law prevents completion of the transaction.
* Unusual or extraordinary circumstances exist which indicate improper or unlawful use of your Eligible Account.
* You believe someone has accessed your Eligible Account without your permission and you fail to notify us immediately. (Refer to the section above entitled “Unauthorized Transactions”)
* If the terminal or system is not working properly and you knew about it when you started the transfer.
G. Member Liability for Business Accounts (Other than Sole Proprietorships)
You agree that we may send notices and other communications to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that we will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: (i) keep your Login ID, password, and authentication information secure and confidential; (ii) instruct each person to whom you have authorized to have your user login credentials that he or she is not to disclose it to any unauthorized person; (iii) immediately notify us and select new login credentials if you believe your user login credentials have become known to an unauthorized person.
ALLSOUTH WILL HAVE NO LIABILITY FOR ANY UNAUTHORIZED PAYMENT OR TRANSFER MADE USING YOUR LOGIN CREDENTIALS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THE NOTICE.We may suspend or cancel your user login credentials without receiving such notice from you if we suspect that your login credentials are being used in an unauthorized or fraudulent manner. AllSouth will have no liability for such suspension or cancellation.
By using Online Banking or Mobile Banking, you acknowledge and agree that this Agreement sets forth procedures for electronic banking transactions that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had reasonable opportunity to act on such notice).
If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount that we failed to timely pay or 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. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount that exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will 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 no event to exceed sixty (60) days’ interest. If we become liable to you for interest compensation under this Agreement and applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where AllSouth is headquartered for each day interest is due, computed on the basis of a 360-day year. Unless otherwise required by law, in no event will AllSouth be liable to you for special, indirect, or consequential damages including, without limitation, lost profits, even if we are advised of the possibility of such damages.
H. Right to Receive Documentation
* Periodic Statements. Transfers and withdrawals made through any ATM or POS terminal, Debit Card transactions, audio response transactions, preauthorized EFTs, electronic/PC transactions or bill payments you make will be recorded on your periodic statement. A periodic statement will be delivered monthly by mail or electronically delivered. In any case, a statement will be mailed or delivered at least quarterly.
* Terminal Receipt. You can get a receipt at the time you make any transaction (except inquiries) involving your account using an ATM, POS terminal, or debit card transaction.
* Direct Deposit. If you have arranged to have a direct deposit made to your account at least once every sixty (60) days from the same source and you do not receive a receipt (such as a pay stub), you can find out whether or not the deposit has been made by emailing us at [email protected]. This does not apply to transactions occurring outside the United States.
I. Account Information Disclosure
We will disclose information to third parties about your account or the transfers you make:
* As necessary to complete transfers;
* To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant;
* If your account is eligible for emergency cash and/or emergency card replacement services, and you request such services, you agree that we may provide personal information about you and your account that is necessary to provide you with the requested service(s);
* If we are unable to complete an electronic funds transfer because of insufficient funds;
* To comply with government agency or court orders;
* In accordance with our privacy policy; or
* If you give us your written permission.
J. Contact Information
Whenever possible, please contact us by telephone or by using our secure email to report unauthorized transfers or to request stop payments. This is the quickest way for us to comply with your requests.
* Telephone: (803) 736-3110 or 1-800-272-0695
* Mail: 730 Elmwood Ave., Columbia, SC 29201
* Email: Email us through the secure email function contained on our Website or send us a secure message in Online and Mobile Banking.
K. Notices
All notices from AllSouth will be effective when we have mailed or delivered them to your last known address in our records. Notices from you will be effective when received by us at the address specified in this Agreement.
We reserve the right to change the terms and conditions upon which the EFT service is offered. We will mail or deliver notice to you at least twenty-one (21) days before the effective date of any change. Use of the EFT Service is subject to existing regulations governing AllSouth’s operations and your accounts and any future changes to those regulations.
L. Termination of EFT Service
You may terminate this Agreement or any EFT Service under this Agreement at any time by notifying us in writing and stopping your use of your debit card and any access code. You also agree to notify any participating merchants that authority to make bill payment transfers has been revoked.
We may also terminate this Agreement or the EFT Services at any time by notifying you verbally or in writing. If we terminate this Agreement or the EFT Services, we may notify any participating merchants making preauthorized debits or credits to any of your accounts that this Agreement or the EFT Services has been terminated and that we will not accept any further preauthorized transaction instructions. We may also program our computer not to accept your debit card or access code for any EFT Service. Whether you or AllSouth terminates the EFT Services, the termination shall not affect your obligations under this Agreement for any EFTs made prior to termination.
14. Financial Management Software
A.Description
You are responsible for obtaining a valid and separate license agreement with the provider of any Financial Management Software you choose to use. Your license agreement with the provider of your Financial Management Software may restrict the duration of your online access; we aren’t liable for any such limitations or restrictions.
B.Online Banking and Bill Pay Access
We may choose to let you download information into your Financial Management Software from certain Eligible Accounts. We may also let you initiate Bill Pay instructions through your Financial Management Software. The Eligible Accounts for which these options are available will be identified on the Website. We may also add to, modify, or delete any feature of your ability to access the Service through your Financial Management Software. Your use of the Financial Management Software constitutes your acceptance of this Agreement and the terms relating to the Financial Management Software. This Agreement is subject to change from time to time. We may notify you of any material change via email or on our Website. Your continued use of the Financial Management Software will indicate your acceptance of the revised Agreement. The licenses, user obligations, and authorizations described herein are ongoing.
C. Content You Provide
Your use of the Financial Management Software is your authorization for AllSouth or our service providers, as your agent, to access third party sites which you designate in order to retrieve or send information. You are licensing to AllSouth and its service providers any information, data, passwords, usernames, PINs, personally identifiable information, or other content you provide through the Financial Management Software, or that we or our service providers retrieve on your behalf for the purposes of providing the Financial Management Software, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or our service providers may store, use, change, or display such information or create new content using such information.
D.Power of Attorney
You grant AllSouth and its service providers a limited power of attorney as provided below to access information at third party sites on your behalf. Third party sites shall be entitled to rely on the authorizations, agency, and this power of attorney granted by or through your account. For all purposes hereof, you hereby grant AllSouth and its service providers a limited power of attorney, and you hereby appoint them as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, in any and all capacities, to access third party sites and provide and retrieve information, use such information as described herein, with the full power and authority to do so and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes, as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ALLSOUTH OR ITS SERVICE PROVIDERS ACCESS, SEND, AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, THEY ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD-PARTY SITES.
E.Third Party Accounts
With respect to any third-party sites we may enable you to access through the Financial Management Software or with respect to any accounts not with AllSouth that you may include in the Financial Management Software, you agree to the following: * You are responsible for all fees charged by the third party in connection with any accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this Agreement does not amend any of those terms and conditions. If you have a dispute or question about any transaction on an account with another financial institution, you agree to direct these to that account provider. * Any links to third party sites that we may provide are for convenience only, and AllSouth and its service providers do not sponsor or endorse those sites. Any third-party services, which you may be able to access through the Financial Management Software are services of the listed institutions. Neither we nor our service providers have responsibility for any transactions or inquiries that you initiate with any third-party sites. The third-party sites you select are solely responsible for their services to you. Neither we nor our service providers are liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties.
F.Limitations on Financial Management Software
When using the Financial Management Software, you may incur technical or other difficulties. Neither we nor our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Financial Management Software is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our service providers reserve the right to change, suspend, or discontinue any or all of the Financial Management Software at any time, without prior notice.
G.Ownership
You agree that AllSouth and its service providers, as applicable, retain all ownership and proprietary rights in the Financial Management Software, associated content, technology, mobile applications, and websites.
H.Fees for Financial Management Software
Service Fees may apply to your use of your Financial Management Software to connect to the Service. Your Internet, telephone, and/or Mobile Device service provider may assess other fees and bill them separately.
I. Transfers within Financial Management Software
You may transfer funds from Eligible Accounts. The number of transfers from an eligible savings account is limited, as detailed in the applicable account agreement. Each Business Day has a cut-off time for funds transfers. Transfers made after the cut-off time or transfers made on a Saturday, Sunday, or federal holiday will be made the next Business Day.
J. Bill Pay within Financial Management Software
If you’re enrolled in and use Bill Pay through your Financial Management Software, you may use Bill Pay to pay any merchant or individual in the U.S., and may also use it to make payments for any bank mortgage, installment loan, credit card or line of credit account. You must designate through your software an Eligible Account from which bill payments may be made. You may designate more than one account from which bill payments will be made. Each Business Day has a cut-off time for bill payments; payments made after the cut-off time or on Saturdays, Sundays, or federal holidays will be made the next Business Day. All payments made using Bill Pay should be made at least 7 Business Days in advance of the due date, so the payee/merchant can credit your account in time to avoid any late-payment charges or penalties.
K.Disclaimers
YOU AGREE THAT THE ELIGIBLE ACCOUNT INFORMATION YOU DOWNLOAD THROUGH YOUR FINANCIAL MANAGEMENT SOFTWARE, THE FINANCIAL MANAGEMENT SOFTWARE, AND ANY CONTENT YOU ACCESS THROUGH THE FINANCIAL MANAGEMENT SOFTWARE IS AT YOUR OWN RISK AND IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”.
WE AND OUR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
You agree that we and our service providers make no warranties that the Financial Management Software:
* Will meet your requirements;
* Will be uninterrupted, timely, secure, or error free;
* Will produce results that will be accurate or reliable.
Additionally, you agree that we and our service providers make no warranties and have no liability for:
* The quality of the products and services, information, or other materials obtained by you through the Financial Management Software.
* Any errors in the Services or technology.
* Your continued access and use of your Financial Management Software according to the terms and conditions of any and all applicable license agreements with the providers of such Financial Management Software;
* The accuracy, completeness, availability or timeliness of the Eligible Account information, text, graphics, or other items in the Eligible Account information that you can download through your Financial Management Software;
* The errors or omissions in the delivery or transmission of the Eligible Account information from us to you (and “you” includes delivery to your Financial Management Software and/or your computer).
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FINANCIAL MANAGEMENT SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALLSOUTH OR ITS SERVICE PROVIDERS THROUGH OR FROM THE FINANCIAL MANAGEMENT SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THOSE TERMS.
Although payments to the following types of payees may be scheduled through the Service, such payments are discouraged and are scheduled by you entirely at your own risk; IN NO EVENT WILL WE BE LIABLE FOR ANY CLAIMS OR DAMAGES THAT MAY RESULT IF YOU SCHEDULE PAYMENTS WITH THE FOLLOWING PAYEES:
* Payees outside of the United States, including Canada;
* Payees to U.S. Territories;
* Tax payments;
* Government agencies, or
* Court ordered payments (such as child support or traffic tickets).
YOU AGREE THAT ALLSOUTH AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE FINANCIAL MANAGEMENT SOFTWARE AT OUR WEBSITE/MOBILE BANKING APPLICATION OR OF ANY THIRD PARTY ACCOUNT PROVIDER’S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES; (iii) ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE FINANCIAL MANAGEMENT SOFTWARE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE FINANCIAL MANAGEMENT SOFTWARE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATERIAL RELATING TO THE FINANCIAL MANAGEMENT SOFTWARE.
We have no obligation to research or resolve any claim that may result from Court ordered payments, nor are we responsible for any late payment-related charges when these types of payments are scheduled and/or processed through the Service. All research and resolution for any misapplied, mis-posted or misdirected payments will be your sole responsibility.
The Financial Management Software is not intended to provide legal, tax, or financial advice. The Financial Management Software or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither AllSouth nor its third-party service providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial advice, is required, the services of a competent professional person should be sought. AllSouth and its third-party service providers specifically disclaim any liability, loss, or risk which is incurred as a consequence, directly or indirectly, for the use of and application of any of the content within the Financial Management Software. Further, AllSouth and its third-party service providers are not responsible for any investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Financial Management Software or any materials or information accessible through it. Past performance does not guarantee future results. AllSouth and its third-party service providers do not warrant that the Financial Management Software will comply with the requirements of FINRA or those of any other organization anywhere in the world.
We have no duty to monitor the online transfers or payments that you make through the use of the Financial Management Software. You assume the entire risk of using the Service properly to ensure the funds are transferred and bills are paid properly and timely. We will not be responsible for any charges imposed or any other action taken by a payee/merchant resulting from a bill payment that you have not scheduled properly, including any applicable finance charge and late fees. In addition, we will not be liable if any third party through whom any bill payment is made fails to transmit the payment or the payment instructions properly to the intended payee/merchant, or if the merchant/payee or its bank fails to transmit a payment instruction or record a bill payment properly.
In using the Financial Management Software, you understand that payees and/or the U.S. Postal Service may return payments for various reasons such as but not limited to: payee’s forwarding address expired; payee’s account number is not valid; payee is not available to locate account; or payee’s account is paid in full. We will use reasonable efforts to research and correct the returned payment and return it to the payee, or void the payment and credit your account
L.Additional Limitations of Liability
You agree that AllSouth will not be liable to you for:
* Your inability to use the download, transfer, and/or bill pay option;
* The accuracy, timeliness, loss or corruption, or misdelivery of any Eligible Account information, transfer, bill payment, or any other information;
* Unauthorized access to your Eligible Account or to your account information and any misrepresentation, or alteration, of your account information or data, to the extent the unauthorized access results from your acts or omissions;
* Your inability to access your Eligible Accounts resulting from, but not limited to, failure of electronic or mechanical equipment, interconnection problems with telephone providers or internet services providers (ISPs), natural disasters, strikes, or other labor problems; or
* Any other means relating to the download, transfer, or bill pay option.
M. Indemnification
You agree to defend, indemnify, and hold harmless AllSouth, its third party service providers, and each of their officers, directors, employees, and agents from and against any and all third party claims, liabilities, damages, losses, or expenses, including settlement amounts and reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Financial Management Software, your violation of these terms or your infringement, or infringement by any other user of your account of any intellectual property or other right of anyone.
N.Acknowledgements and Agreements
You understand and agree that:
* You will not use the Financial Management Software in any way that would be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, the use of the Financial Management Software to impersonate another person or entity.
* You will not use the Financial Management Software to violate any law, statute, ordinance, or regulation (including, without limitation, those governing export, consumer protection, unfair competition, anti-discrimination or false advertising).
* You will not use the Financial Management Software to create liability for AllSouth or its service providers or cause AllSouth to lose the Services of all of our service providers.
* You will not use the Financial Management Software to access information and content programmatically by macro or other automated means.
* You will not use the Financial Management Software in such manner as to gain unauthorized entry or access to computer systems to which you are not authorized to access.
* Not all information in your Eligible Accounts can be downloaded into the Financial Management Software.
* Information you can download may not include all of your account activity.
* Statements we generate are the official record of account transactions, positions, and balances. The information you download is for tracking purpose only and should not be considered an official record.
* Account information will not necessarily reflect banking or financial activity and transactions that have not completed or settled, and will only reflect the account information in your Eligible Account at the exact point in time that you downloaded the information.
* Account information in your Eligible Account may reflect transactions as of a prior time period and may not be current when you download the information.
* AllSouth will not automatically update account information that you downloaded to your Financial Management Software. You will have to update the Eligible Account information by downloading more current information from your accounts.
* Eligible Account information may include information you provided to us. You are solely responsible for the accuracy of this information.
* AllSouth is not liable for any loss, damages, or expenses of any kind resulting from your reliance on the Eligible Account information in your Financial Management Software (which may not be up to date and may not include pending transactions.)
* You assume all risk that unauthorized third parties may access any Eligible Account information you download and store in your Financial Management Software.
* If you send information in a not secure manner or take the Eligible Account information out of our secure system by downloading it, AllSouth is no longer responsible for the security and confidentiality of that information, and the responsibility is now yours (or may be shared with others, such as your Financial Management Software provider).
* We aren’t responsible for the security and confidentiality of the Eligible Account information if you:
* Use wireless connections to download your account information, in which case you acknowledge other persons may be able to access the information being downloaded; or
* Let others access or use your Financial Management Software.
* Download of Eligible Account information is at your own risk, you are solely responsible for any resulting damage to the computer (or other electronic device) to which you download any information.
O. Export Restrictions
You acknowledge that the Financial Management Software and any other software underlying the Financial Management Software are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the Financial Management Software, directly or indirectly, to: (i) any countries that are subject to U.S. export restrictions; (ii) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (iii) any end user who you know or have reason to know will utilize them in the design, development, or production of nuclear, chemical, or biological weapons. You further acknowledge that the Financial Management Software may include technical data subject to export and re-export restrictions imposed by U.S. law.
15. Communicating Through Secure Messaging
A.Description
The Service provides secure messaging for you to ask questions or provide comments. The Service also lets you securely communicate sensitive or confidential information for your AllSouth accounts. You can access these messages after you sign on to a secure session of the Service. An electronic message sent through this Service will not be immediately received by AllSouth. No action will be made on an electronic message you send to AllSouth through the Service until AllSouth has actually received your message and has a reasonable opportunity to respond. If you need to contact AllSouth immediately, please visit a branch or call us at (803)736-3110 or (800)272-0695.
To ensure the security of your Eligible Account information, we recommend that you use only the secure forms of communication when asking specific questions about your Eligible Account(s). Use only the secure messaging feature when sharing sensitive or confidential account information about your Eligible Account(s).
The following provisions apply to communications through the Service or through conventional email:
* You acknowledge and agree that you have been advised of and understand the risks of using conventional email and that AllSouth is unable to guarantee the authenticity, privacy, or accuracy of information received or sent by email or to monitor the authorization of persons using your email address to send or receive information; * If you receive information from AllSouth via email that you believe is intended for another recipient, you agree to immediately return the information to AllSouth and delete the communication;
* You agree that certain information communicated by AllSouth to you may be confidential in nature. You agree to maintain the confidentiality of such information and to refrain from sharing the information with any other person or entity using the information or any non-permitted purpose or for any purpose which is not related to your relationship with AllSouth;
* Having acknowledged the risks associated with communicating financial information via email, you (i) agree that AllSouth has no obligation to monitor or investigate the use of your email account or the source of any email communication received from you bearing your email address; (ii) release AllSouth from any claim or liability arising from or in connection with any communications sent or received using email; and (iii) agree to indemnify AllSouth from all claims, losses, expenses, or liability arising from or connected in any way with the use of email as contemplated by this Agreement;
* To the extent that any other agreement between you and AllSouth requires AllSouth to provide you with written notice to a particular address regarding any matter, you agree that these provisions regarding the use of email do not displace or modify any such requirements for written notice, and that you agree to comply with any requirement for a written notice without reference to these provisions regarding the use of email.
16. Fees
A.Fees for Eligible Accounts
Fees (disclosed in the AllSouth Fee Schedule) in connection with an Eligible Account apply when using Online Banking and the Mobile Banking Application and the Services. Additional Fees may apply to specific services and are disclosed on AllSouth’sWebsite. Your internet, telephone, and/or Mobile Device service provider may assess other fees and bill them separately.
B. Payment of Fees
You are responsible for paying all fees associated with your use of the Services. Unless otherwise agreed, you have to designate an account at AllSouth to pay fees for Eligible Accounts. You authorize us to charge your designated account for the fees.
17. Privacy and Use of Information
A. Description
The provisions of the privacy policy provided or made available to you in connection with opening an Eligible Account will govern all information we gather from you in connection with your use of Online and Mobile Banking, as applicable. By accessing and using the Service, you understand and agree that AllSouth may collect and retain personal and other information about you or the device you use to access the Service. You authorize your wireless operator to use your mobile number, name, address, email, network status, member type, member role, billing type, Mobile Device identifiers (IMSI and IMEI), and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to AllSouth with your wireless operator account profile information for the duration of our relationship.
B. Acknowledgements and Agreements
You agree that:
* We may collect and retain certain information and use that information to market our products and services to you.
* If you access the Service, we may track and record your geographic location. We may use automated processes to detect any use of the Service that violated the terms of this Agreement or any applicable law.
18. Arbitration Agreement
This Agreement is governed by the Arbitration Agreement set forth in your Consumer or Commercial Membership Agreement. Please review that Agreement for information regarding the mandatory arbitration provisions and class action waiver.
19. Disclaimers
A. Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND FOR THE SERVICE WHICH IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE BASIS”. ALLSOUTH HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT DATA OR TRANSMISSIONS WILL BE SECURE OR THAT THE SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. DEFECTS AND ERRORS BROUGHT TO OUR ATTENTION BY THE MEMBER WILL BE CORRECTED AT OUR DISCRETION. ALLSOUTH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
AllSouth may on a regular basis perform maintenance on AllSouth’s equipment or system, which may result in interrupted service or errors in the Service. AllSouth also may need to change the scope of the Services from time to time. AllSouth will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. AllSouth makes no representation that the Services will be uninterrupted or error free. AllSouth’s sole obligation to you arising out of (i) the non-availability of the Services, or (ii) an interruption or delay in providing the Service, shall be to use commercially reasonable efforts to resume such Service. The foregoing shall constitute AllSouth’s entire liability and your exclusive remedy. However, nothing in this subsection is intended to limit any rights you may have under federal law or otherwise provided in this Agreement.
B. Limits on Liability and Obligations. AllSouth and its officers, directors, responsible employees, and third-party service providers are not liable for any:
* Consequential (including without limitation, loss of data, files, profit or goodwill or the costs of procurement of substitute goods or service) damages.
* Indirect damages.
* Incidental damages.
* Special damages.
* Punitive damages.
This is true whether these damages occur in an action under contract, or from negligence or any other theory, arising out of, or in connection with, this Agreement, the Service, the inability to use the Service, any additional services obtained through the Services, any messages received through the Service, or any transactions initiated through the Service, even if AllSouth has been specifically advised as to the possibility of such damages. In addition to reasons such as scheduled system maintenance, damages could arise from circumstances beyond our control, even if we advise you of the possibility of such damages. These circumstances could include (but are not limited to):
* Power outages.
* System failures.
* Fires.
* Floods.
* Natural disasters.
* Extreme weather.
* Cyber-attacks, including Denial of Service (DoS).
In states that prohibit the limitation of liability for consequential or incidental damages, the above limitations may not apply.
Except as specifically provided in this Agreement or otherwise required by applicable law, we, our service providers or other agents, also won’t be liable for:
* Any loss or liability you may incur resulting wholly or partly from failure or misuse of your equipment or software provided by an external company (such as an Internet browser provider, an Internet access provider, an online service provider or an agent or subcontractor of any of them).
* Any direct, indirect, special or consequential, economic or other damages arising in any way from your access/use/failure to obtain access to the Service. AllSouth does not make any representation that any content or use of the Service is appropriate or available for use in locations outside of the continental United States, Alaska or Hawaii.
Additionally, both you and AllSouth will bear the liability or the risk of any error or loss of data, information, transactions, or other losses, which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. AllSouth shall have no liability to you for any damages or losses, direct or consequential, which you may incur by reason of your use of your computer system, including but not limited to damage or loss resulting from data related problems.
We won’t be obligated to honor, in whole or in part, any transaction or instruction that:
* Is not in accordance with any term or condition of this Agreement or any other agreement that applies to the relevant Service or Eligible Account.
* We have reason to believe may not be authorized by you or any other person whose authorization we believe necessary.
* We have reason to believe involves funds or other property subject to a hold, dispute, restriction or legal process we believe prevents the transaction or instruction.
* Would violate any applicable provision of any risk control program of the National Credit Union Administration or any applicable rule or regulation of any other federal or state regulatory authority.
* Is not in accordance with any other requirement of our policies, procedures or practices.
* We have other reasonable cause not to honor for our or your protection.
C. Indemnification
Except where we’re liable under the terms of this Agreement or another agreement governing the applicable Eligible Account or products and service, you agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all claims, liability, damages, and/or costs (including but not limited to reasonable attorney’s fees) arising from:
* An Eligible Account.
* The performance of the Services you select.
* Any third-party claim, action, or allegation brought against AllSouth arising out of or relating to a dispute with you over an Eligible Account, the terms of conditions of any agreement, purchase, or sale of goods, or the Service, as applicable.
* A third-party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other content or materials you submit to us.
* Any fraud, manipulation, or other breach of this Agreement or the Service.
* Your violation of any other applicable laws or rights of a third party, including but not limited to rights of privacy, publicity, or other property rights.
* The provision of the Service or use of the Service by you or any third party.
We reserve the right to defend/control (at our own expense) any matter otherwise subject to indemnification by you. In such a case, you will cooperate with us in asserting any available defenses. You won’t settle any action or claims on our behalf without our prior written consent. You are providing this indemnification without regard to whether our claim for indemnification is due to the use of the Service by you, your Authorized Representative or your delegate.
D. Joint and Several Liability
If one or more of your Eligible Accounts has co-owners, each co-owner will be jointly or severally liable for any obligation which arises from the use of the Service to access the Eligible Account. This joint and several liability shall extend as well to any line of credit accessed through any such Eligible Account.
E. No Extension of Credit
If any Service involves a debit to any of your Eligible Accounts or any other account you maintain with AllSouth, you must have on deposit in such accounts sufficient amounts to enable AllSouth to make the debit. Nothing in this Agreement will constitute or be deemed a commitment by AllSouth to extend credit to you, or to grant to you overdraft privileges. AllSouth will not have any obligation to make any funds available to you to affect any payment being made by you or to enable you to use any one or more of the Services. Any obligation to extend credit to you or to otherwise make funds available to you must be set out in a separate agreement executed by AllSouth through a person authorized to make credit decisions on AllSouth’s behalf.
F. Grant of Security Interest
As security for your obligations under this Agreement, you grant to AllSouth a present and continuing security interest in the following: (i) all of your Eligible Accounts and all distributions and collections related to any one or more of your Eligible Accounts associated with the Services; (ii) all now existing and all hereafter arising contract rights relating to your Eligible Accounts associated with the Services, and the distributions and collections related to any one or more of your Eligible Accounts; (iii) all cash, checks, drafts, instruments, chattel paper, money orders, remittances, wire transfers, Eligible Accounts, securities, and other items of value or payment intangibles belonging to you or payable to you, which are now in or may in the future be in or paid or deposited to your Eligible Accounts or which are now in or may in the future be in or deposited in any distribution or collection account related to any of your Eligible Accounts; and (iv) all present proceeds and future proceeds of or related to the foregoing.
G. Ownership of Materials
The information provided on AllSouth’s Website or through the Services is copyrighted by AllSouth and the unauthorized reproduction or distribution of any provision is prohibited.
H. End User License Agreement
This Agreement applies to your use and access of the Online and Mobile Banking Services You understand that some of the Online and Mobile Banking Services contemplated by this Agreement are provided by third parties. AllSouth shall not be liable for any Online and Mobile Banking Services provided by AllSouth or such third parties.
AllSouth has the right to terminate or suspend your access to or use of Online and Mobile Banking Services, with or without notice, in the event that you violate this Agreement or close your Account.
Online and Mobile Banking are owned and operated by AllSouth or its affiliates, licensors, and/or third party service providers (the “AllSouth Parties”) and unless otherwise indicated, all designs, text, images, videos, graphics, software, and other content and materials appearing on the Website and mobile application (collectively, “Content”) are the property of the AllSouth Parties, and protected, without limitation, by U.S. and foreign copyright, trademark, and other intellectual property laws. All trademarks, service marks, trade names, logos, and other indicia of origin (collectively, “Marks”) appearing within Online and Mobile Banking are the property of AllSouth and the AllSouth parties. You may not make use of any Content or Marks without the prior written consent of AllSouth. No Content from the Website or mobile application may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
In using or accessing Online and Mobile Banking, you agree: (i) not to use Online and Mobile Banking for fraudulent purposes; (ii) not to “spam” others or “phish” for others’ information; (iii) not to create or use a false identity; (iv) not to disrupt or interfere with the security of, “deeplink,” attempt to obtain unauthorized access to or otherwise abuse, the Online and Mobile Banking or affiliated or linked website; (v) not to disrupt or interfere with any other user’s enjoyment of Online and Mobile Banking; (vi) not to use, frame, or utilize framing techniques to enclose any Marks or other proprietary information, including Content; (vii) not to use meta tags or any other “hidden text” utilizing a Mark; and (viii) not to use Online and Mobile Banking in a manner that is defamatory, inaccurate, profane, threatening, invasive of a person’s privacy, violates any third party proprietary rights, or is in violation of any law or regulation.
The Website may contain links to third party websites and services, over which AllSouth has no control. You acknowledge and agree that AllSouth does not endorse, verify, or make any representations regarding these third-party websites and services and is not responsible for the availability of, and any liability arising from, any such third-party websites and services. AllSouth is not liable to you or any other party for any loss or damage which may be incurred by you as a result of these third-party websites and services. AllSouth reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use Online and Mobile Banking and to block or prevent future access to or use of Online and Mobile Banking for any reason. AllSouth may, in its sole discretion, terminate, suspend, change, modify, make improvements to, or discontinue any or all aspects of the Online and Mobile Banking Service, temporarily or permanently, at any time, with or without notice to you. You agree that AllSouth shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.
I. Survival
The provisions of this Agreement, which by their nature survive expiration or termination of this Agreement shall survive.
J. Entire Agreement; Severability; Waiver
This Agreement, together with the Other Agreements, is the complete and exclusive statement of the agreements between you and AllSouth with respect to the subject matter hereof and supersedes any prior agreement(s) between you and AllSouth with respect to the subject matter. In the event performance of the Services in accordance with the terms of this Agreement would result in a violation of any present or future statute, regulation, or government policy to which AllSouth is subject, and which governs or affects the transactions contemplated by this Agreement, then this Agreement shall be deemed amended to the extent necessary to comply with such statute, regulation, or policy, and AllSouth shall incur no liability to you as the result of such violation or amendment. No course of dealing between AllSouth and you will constitute a modification of this Agreement.