Internet Banking Terms and Conditions Agreement

This Agreement describes your rights and obligations as a user of the On-line Banking Service (“Service” or “Services”).  It also describes the rights and obligations of Holbrook Co-operative Bank (the “Bank”).  Please read this Agreement carefully.  As an authorized account holder you must abide by the terms and conditions of this agreement, and those provided to you at account opening, in order to use this Service.
 
CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS
 
By selecting the “I Accept” button below, you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with the Bank for the provision of certain On-line Banking Services, may be in electronic form, and (3) agreeing that certain information that may be delivered in connection with the Services may also be in electronic form.
 
You are also acknowledging receipt of the following information and agree that:
 
* We may provide you with this Agreement and any revisions and amendments thereto in electronic form, and that, if you choose to accept this Agreement, you are consenting to enter into and are entering into an agreement electronically that will govern all future transactions you conduct using the Service.
 
* We may provide you revisions and amendments to the Agreement and such other information, including but not limited to information under Regulation E and under other applicable banking or financial services laws or regulations in connection with the Service, electronically as a part of the Agreement or otherwise as a part of the Services.  While you may print and retain a copy of the Agreement or any information provided to you in relation to the Service, we only provide these documents electronically.
 
* You have a right at any time to withdraw, without service charges, your consent to receive information electronically.  However, because the Agreement and the information provided pursuant to this agreement are provided only in electronic format, your withdrawal of consent will terminate all the Services.
 
* You agree to promptly update your registration records if you wish to withdraw consent to receive information electronically, to terminate the Services, or if you need to update your information such as a change of address or email address.  You may update your records by calling the Bank at 781-767-1888, or by writing a letter and sending it to:
 
Holbrook Co-operative Bank
Attention: Internet Banking
95 North Franklin Street
Holbrook, MA  02343-0304
 
* You are responsible for obtaining, installing, maintaining and operating all computer  hardware, software and Internet access services necessary to use or access any aspect of On-line Banking.  The Bank is not responsible for any errors or malfunctions that arise from the malfunction or failure of your hardware, software or any Internet access services.
 
DEFINITIONS
 
The following definitions apply in this Agreement.
 
“On-line Banking” is the Internet-based service providing access to your account(s) under the terms set forth in this Internet Banking Terms and Conditions Agreement
 
“On-line Account” is a Bank account from which you will be conducting transactions using the Service.
 
“Business Day” refers to Monday through Friday, 7:00 a.m. to 9:00 p.m. EST, and Saturday 7:00 a.m. to 6:00 p.m., excluding holidays as determined by the Bank.  All On-line transaction requests received after the Business Day, or on a non-Business Day, will be processed immediately, but will not post to accounts until the following Business Day after checks processed during nightly processing.
“Password” is a series of numbers and/or letters that you select after the initial sign-on, that establishes your connection to the Service.  The Bank will provide you with a password for use during the initial sign-on process.
 
“Time of day” references are to Eastern Standard Time unless otherwise noted.
 
“We,” “us” “our” or “the Bank” refer to the Bank, which offers the Services provided under this Agreement and holds the accounts accessed by the Services.
 
ACCESS TO SERVICES
 
The Bank will provide on-line instructions describing how to use the On-line Banking Service.  To gain access to this Service you will need your Access ID and your Password.
 
HOURS OF OPERATION
 
The Services are generally available 24 hours a day, 7 days a week, except during special maintenance and upgrade periods, which are scheduled between 12:00 pm EST Wednesday to 6:00 am EST Thursday, and 12:00 pm EST Sunday to 6:00 am EST Monday.
 
USE OF YOUR SECURITY PASSWORD
 
The safety of our customers’ accounts and account information is of paramount importance to the Bank.  We go through great lengths to protect confidentiality and the security of your account, and urge you to do the same.  You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services.  You agree to assume responsibility for all transactions initiated through the Services with your Bank Access-ID, up to the limits allowed by applicable law.  No Bank representative will ever call and ask for your Access ID or User Password.
 
IF YOUR PASSWORD HAS BEEN LOST OR STOLEN
 
If you believe your Password has been lost or stolen, call the Bank immediately at 781-767-1888, between 9 am and 5 pm Monday through Friday and 9 am to noon on Saturday, excluding holidays.  Telephoning the Bank is the best way of minimizing your losses.  You may also restore the security of your Service by immediately changing your Password.  If your Password has been lost or stolen , you can lose no more than $50.00 if someone uses your Password to conduct unauthorized electronic funds transfers without your permission before you notify us of the loss or theft. 
 
BANKING TRANSACTIONS WITH ON-LINE BANKING
 
In addition to viewing account information, you may use On-line Banking to conduct the following transactions:
 
* Transfer funds among your linked checking, savings, money market and loan accounts.
 
NOTE: Because regulations require the Bank to limit pre-authorized transfers (including On-line Banking transfers), the following limitations apply:
 
* Statement Savings Account -- You can make no more than six (6) transfers and withdrawals per monthly statement period by pre-authorized or automatic transfer, or by telephone or On-line Banking.
 
* Money Market Savings Account -- You can make no more than six (6) transfers and withdrawals per monthly statement period by pre-authorized or automatic transfer or by telephone or On-line Banking, and no more than three (3) of these may be by check, draft or debit card.
 
* Internet transfers must not exceed the available balance in your On-line Account on the day the transfer is made.
 
New services may be introduced for On-line Banking from time to time.  The Bank will notify you of the existence of these new services.  By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
 
STATEMENTS
 
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.
 
IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE
 
The provisions in this section apply only to electronic funds transfers that debit or credit a checking, savings or other asset account and are subject to Chapter 167B of the General Laws of Massachusetts, Part 31 of the regulations issued by the Massachusetts Commissioner of Banks and the Federal Reserve Board’s Regulation E (an “EFT”).  The Bank may rely on any exceptions to the provisions in this section that are contained in Chapter 167B of the General Laws of Massachusetts, Part 31 of the regulations issued by the Massachusetts Commissioner of Banks and Regulation E.  All terms not otherwise defined in this Agreement which are defined in Regulation E will have the same meanings when used in this section as they do in Regulation E.
 
If your statement shows an EFT or any other transfer that you did not make, notify the Bank immediately at 781-767-1888, or write a letter and send it to:
 
Holbrook Co-operative Bank
Attention: Retail Banking
95 North Franklin Street
Holbrook, MA  02343-0304
If you do not notify the Bank within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if the Bank had been notified in time.  Your liability for an unauthorized EFT or a series of related unauthorized EFTs will not exceed the lesser of $50 or the amount of unauthorized EFTs that occur before notice to us of the loss or theft of your password.

ERRORS AND QUESTIONS
 
In case of errors or questions regarding an On-line Banking transaction, you may call the Bank at 781-767-1888, or write a letter and send it to:
 
Holbrook Co-operative Bank
Attention: Internet Banking
95 North Franklin Street
Holbrook, MA  02343-0304
We must hear from you at the specified telephone number or address no later than sixty (60) calendar days after we sent you the first statement on which the problem or error appeared.  We will need:
 
* Your name and account number
* A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information
* The dollar amount of the suspected error
* The date on which it occurred
 
If the report is made orally, we may require that you send the complaint or question in writing within ten (10) Business Days from your initial contact.  We will notify you with the results of the investigation within ten (10) Business Days after you contact us and will correct any error promptly.  If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) days to investigate a complaint or question.  If this occurs, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error.  This will allow you to use the money during the time it takes us to complete our investigation.  If your complaint or question is not received in writing within ten (10) Business Days from your original contact, we may not credit your account until the investigation is completed.
 
If we determine that no error occurred, we will send you a written notice within three (3) Business Days.  You may request copies of the documents that were used in the investigation.
 
LIMIT OF THE BANK’S RESPONSIBILITY
 
the Bank agrees to make reasonable efforts to ensure full performance of On-line Banking.  The Bank will be responsible for acting only on those instructions sent through On-line Banking which are actually received, and cannot assume responsibility for circumstances over which the Bank has no direct control.  This includes but not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send.  The Bank is not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.
 
Any information you receive from the Bank is believed to be reliable.  However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed.  The Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.
 
the Bank is not responsible for any fees incurred for Internet access, or for any computer virus or related problems that may be attributable to services provided by any Internet access service provider.
 
You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing On-line Banking.  The Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
 
The limit of the Bank’s liability shall be as expressly set forth herein.  Under no circumstances will the Bank be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable.  By consenting to use the Services, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.
 
THE BANK’S RESPONSIBILITY
 
the Bank will be responsible for your actual losses if they were directly caused by our failure to:
 
* Complete an Electronic Funds Transfer as properly requested
* Cancel an Electronic Funds Transfer as properly requested.
 
However, we will not be responsible for your losses if:
 
* Through no fault of the Bank, you do not have enough money in your account to make the transfer
* Through no fault of the Bank, the transaction would have caused you to exceed your available credit
* Circumstances beyond our control (e.g., fire, flood, power outage, mail delivery delays, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken
* There is a hold on your account, or if access to your account is blocked in accordance with banking policy
* Your funds are subject to legal process or other encumbrance restricting the transfer
* Your transfer authorization terminates by operation of law
* You believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately
* You have not properly followed the scheduling instructions, included in this Agreement, to make a transfer or the Payee refuses the Service
* For the failure of any payee to correctly account for or credit the payment in a timely manner
* We have received incomplete or inaccurate information from you or a third party involving the account or transfer
* For changes to the payee’s address or account number (unless you have advised us of the change within three (3) Business Days in advance)
* We have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with us, or if we or you terminate this Agreement
 
There may be other exceptions stated in this agreement and in other agreements with you.  In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages. 
 
If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
 
 
ALERTS/MESSAGES
 
Internet banking alerts allows you to set up automated alert events based on your own criteria to be alerted upon.  Alerts may be sent via email or in an online message box within Internet banking, or both.  Email alerts will be sent to the email address you provide in creating the alert.

Distributed events (events that have happened and have been viewed) will remain on the system for 30 days
 
OTHER AGREEMENTS
 
In addition to this Agreement, you and the Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your On-line Accounts.  Your use of the On-line Banking service is your acknowledgment that you have received these agreements and intend to be bound by them.  You should review other disclosures received by you when you open your accounts at the Bank, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement.  We will automatically deduct any fees related to this Service from your On-line Account each month.  All terms and conditions of the disclosures provided to you at account opening, including but not limited to, the Truth in Savings, Chapter 167B Disclosure, Regulation E Disclosure, Depositor's Agreement and Terms and Conditions apply to this Service.

MODIFICATIONS TO THIS AGREEMENT

the Bank may modify the terms and conditions applicable to the Services from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law.  We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice. 

DISCLOSURE OF INFORMATION TO THIRD PARTIES/ PRIVACY POLICY

A copy of the Bank’s Consumer Privacy Statement is available upon request at any of our branches, or can be mailed to you upon request by calling the Bank at 781-767-1888, or writing a letter and sending it to:
 
Holbrook Co-operative Bank
Attention: Retail Banking
95 North Franklin Street
Holbrook, MA  02343-0304

You can also access our Policy online by clicking on the Privacy Policy icon on the Bank Website.
The Bank will disclose information to third parties about you or your account and the payments or transfers you make:
 
1. When it is necessary for verifying or completing payments or transfers, or resolving a problem relating to a payment or transfer;
2. In order to verify the existence and the condition of your account for a third party, such as a credit bureau or merchant;
3. In order to comply with government agency or court orders;
4. To the Bank’s employees, auditors, service providers, attorneys or collection agents in the course of their duties;
5. To a consumer reporting agency as defined in Chapter 93 of the Massachusetts General Laws; which shall automatically expire after 45 days;
6. If you give the Bank your written permission; or
7. As otherwise permitted in the Bank’s Deposit Agreement and Disclosures, by law, or as required by government regulations.
 
If an unauthorized disclosure has been made, the Bank must tell you of the particulars of the disclosure within 3 days after the Bank has discovered that an unauthorized disclosure has occurred.

INACTIVITY/TERMINATION

You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services.  We can terminate your On-line Banking privileges under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing.  We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.

If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 180 day period.  If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.
 
To cancel the On-line Banking, you must notify the Bank.  Your notification should include your name, address and the effective date to stop the service(s).  You may notify the Bank by one of the following method:
 
* By calling 781-767-1888
* By writing a letter and either sending it to:
 
Holbrook Co-operative Bank
Attention: Internet Banking
95 North Franklin Street
Holbrook, MA  02343-0304

Assignment
 
We may assign our rights under this Agreement to a company affiliated with us or to any other party.
 
GOVERNING LAW
 
This Agreement is governed by the laws of the Commonwealth of Massachusetts, without giving effect to choice of law principles, and applicable federal law(s).
 
FEE SCHEDULE
 
The Bank offers the benefits and convenience of the On-line Banking service to you at no monthly charge.  Account research and stop payment charges will be assessed at the rates published in the Bank’s Fees Schedule and deducted from your On-line Account or another account you hold at the Bank.
 These fees are subject to change.  The Bank will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes.

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