Terms & Conditions
INTERNET BANKING AGREEMENT TERMS AND CONDITIONS OF USE
WELCOME TO THE BANK OF MADISON (“BANK”) WEB SITE (“SITE”). THESE TERMS AND CONDITIONS OF USE (“TERMS”) GOVERN THE USE OF THIS SITE. PLEASE READ THEM CAREFULLY BEFORE ACCESSING THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT ACCESS THE SITE. BY ACCESSING THE SITE OR ANY OF ITS PAGES YOU AGREE TO BE BOUND BY THESE TERMS.
Product and Services Information
This Site has been established by the Bank for the purpose of conveying information about the Bank's products and services and to allow communication between the Bank and its customers. Nothing contained in any page on this Site takes the place of the Bank's agreements that govern our products and services and disclosures made in accordance with federal and state laws and regulations. If any information on the Site conflicts with that in the Bank's agreements and disclosures, such agreements and disclosures will control.
To subscribe to the Bank's Internet Banking service (“Internet Banking”), you must maintain at least one deposit account with Bank, which may include the following types of accounts: checking account, savings account, money market account, Certificate of Deposit, or Loan (collectively and individually, “Accounts”). Internet Banking will allow you to access more than one Account, view Account balance and transaction information, transfer funds among designated Accounts, send electronic mail to Bank and receive electronic mail from Bank (“Internet Banking Transactions”).
Upon becoming an Internet Banking customer, you will receive a temporary PIN, which will allow access to information on your existing Accounts with the Bank. Use of the PIN number assigned to you will indicate to the Bank your acceptance of these Terms. Each time you engage in an Internet Banking Transaction, you will be required to enter your PIN number. Any person(s) initiating an Internet Banking Transaction on behalf of a commercial customer by entering the correct PIN is deemed as acting with the full authority of the Board of Directors, members or general partners, as applicable, of the commercial customer. You are responsible for maintaining the confidentiality of your PIN and any breach of confidentiality must be promptly reported the Bank. The Bank reserves the right to prevent your access to Internet Banking should the Bank have reason to believe the confidentiality of your PIN has been compromised.
You acknowledge and agree that by providing any personal or proprietary information through this Site, you consent to the transmission of such personal or proprietary information to the Bank, its agents and processors as necessary for secure processing in accordance with the Bank's standard business practices.
Control of Your Device
You should not give your mobile phone, tablet or other Internet accessible device (collectively “device”) to anyone. Your device may contain your account information or provide open access to your account to the person in possession of your device. If your device is lost or stolen, contact us immediately at (706) 342-1953.
You shall be responsible for all Internet Banking Transactions you authorize. You shall also be responsible for all Internet Banking Transactions initiated by persons to whom you have given your PIN. You also have responsibilities as governed by the Electronic Fund Transfer Act (15 U.S.C. 1693, et seq.) as more fully described below.
The Bank shall be responsible for performing services expressly provided for in these Terms, and shall not be liable for any error or delay so long as the Bank has acted in accordance with these Terms and Account agreements. The Bank shall not be liable if you do not have sufficient funds in a designated Account to complete the transaction you initiate or if the Account is closed.
The Bank shall not be liable if you have not given the Bank complete, correct or current transfer instructions or if you have not followed proper instructions provided through the Internet Banking website. The Bank shall not be responsible for any loss, damage, liability or claim arising, directly or indirectly from any error, delay or failure in performance of any of its obligations hereunder which is caused by fire or other natural disaster, strike, civil unrest, any inoperability of communications facilities or any other circumstance beyond the control of the Bank.
Computer Equipment and Software
You must have an Internet Service Provider and a web browser to utilize Internet Banking through the Internet. In an effort to provide the highest degree of confidentiality and security, the Bank recommends the use of browsers that provide encryption using a 256-bit key. The higher level of encryption, the more difficult it is for unauthorized people to read information. The Bank is not liable for losses resulting from the use of any browser using less than 256-bit data encryption. If you elect to use a browser that does not use 256-bit encryption, this implies your acceptance of this risk.
You are solely responsible for the maintenance, installation and operation of your computer and for the software used in accessing Internet Banking. The Bank shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your computer or software, nor shall the Bank be responsible for any computer virus that affects your computer or the software while using Internet Banking.
Daily Processing Deadlines
Account information displayed through Internet Banking is the current information as of the previous business day. Funds transfers between Account(s) initiated on your computer using Internet Banking, and received by Bank or its agent(s) by 5:00 P.M. EST Monday-Friday will be effective on the current business day. Funds transfers initiated on your computer and received after 5:00 P.M. EST Monday-Friday or all day Saturday, Sunday and banking holidays will be effective the following business day.
Transfers are limited to a minimum of $.01 and a maximum of $99,999.99 per transaction.
Withdrawal Transaction Limitations
The restrictions on the number of withdrawals from your savings and money market Accounts apply to funds transfers between Accounts.
FeesThe following fees will be applicable to Internet Banking:
Mobile Deposit Capture
Mobile deposit capture services (“MDC”) are designed to allow you to make deposits to your eligible checking, savings, or money market savings accounts from your mobile device. MDC service allows you to create and submit electronic check images to us for deposit to your deposit account(s) that have been activated on your MDC service. We retain the right to either approve or deny your use of MDC in our sole discretion.
• Required Mobile Banking ApplicationYou may obtain MDC services within our mobile application or within Internet Banking. You must comply with the hardware, software and other requirements, as well as applicable Security Procedures, as set forth in these Terms and in any documentation or supplemental information or instructions we provide. You understand that if you fail to comply with such hardware, software and other requirements you may be unable to generate an acceptable image to complete a MDC deposit.
• Ineligible ItemsYou agree to scan and deposit only “checks” as that term is defined in the Federal Reserve Board’s Regulation CC (“Reg. CC”). You agree that the image of a check transmitted to us shall be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You may not use your MDC service to submit any of the following:
• Endorsements and Procedures
You agree to endorse each check transmitted through MDC with your signature and the endorsement “For Mobile Deposit Only, Bank of Madison” or any other endorsement that may be required by us. You agree to follow any and all other procedures and instructions for use of the MDC service as we may establish from time to time.
• Receipt of Items
We reserve the right to reject any item transmitted through MDC, at our discretion, without liability to you. We are not responsible for items we do not receive, such as an image that is dropped during transmission. An item shall be deemed received when you receive a confirmation from us that we have received the image. Receipt of this confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We reserve the right to charge back to your account at any time, any item that was subsequently returned to us or that we subsequently determine was not an eligible item. You agree that we are not liable to you for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
• Availability of Funds
You agree that items transmitted using MDC are not subject to the funds availability requirements of Reg. CC. In general, images of items transmitted through MDC which are received and approved before 5:00 P.M. EST Monday-Friday will be effective on the current business day. Otherwise, we will consider that the deposit was made on the next business day. Funds deposited using MDC will generally be available the business day following the deposit. In some cases we may not make funds deposited using MDC available in accordance with this general policy. Should this occur, a communication will be sent to you, informing you as to when your funds will be available. In the event we receive an item you transmit through MDC where we have reason to doubt the collectability of that item, we may delay the availability of funds for a reasonable period of time until the item is either paid or returned. In such cases we will notify you of this action.
• Disposal of Transmitted Items
You agree to retain each check you transmit or attempt to transmit using MDC services for at least forty-five (45) calendar days from the date of the image transmission or attempted transmission. After that 45-day period, you agree to destroy the check, mark it “VOID”, or otherwise render it incapable of further transmission, deposit, or presentment. You agree that you will take all necessary efforts to safeguard any checks until they are destroyed. During the time the retained check is available, you agree to promptly provide it to us upon request.
• Deposit Limits
We may establish limits on the dollar amount and/or number of items or deposits that you may transmit using the MDC service, and may modify those limits from time to time. The default MDC profile imposes the following limits:
If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, that deposit will still be subject to these Terms, and we will not be obligated to allow such a deposit at other times.
The manner in which any item transmitted through the MDC service is cleared, presented for payment, and collected shall be in our sole discretion, subject to the Deposit Agreement governing the account in which the item is deposited.
You agree to notify us of any suspected errors regarding items deposited through the MDC service right away, and in no event later than 60 days after the applicable Bank of Madison account statement is sent. Unless you notify us within 60 days, such statement regarding all deposits made through the MDC service shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.
There is no fee for MDC services. However, you may incur charges from your mobile service carrier or other unaffiliated service providers for data usage, text message, or other services. Please consult your mobile service carrier.
• Limitations of Service
When using MDC you may experience technical or other difficulties. We do not assume responsibility for any technical or other difficulties or any resulting damages that you may incur. The MDC service has an eligibility requirement, and we reserve the right to change the eligibility requirements at any time without notice. We reserve the right to change, suspend or discontinue the service, in whole or in part, or to terminate your use of the MDC service, in whole or in part, immediately and at any time without notice to you.
• Errors in Transmission
By using MDC you accept the risk that an item may be intercepted or misdirected during transmission. Bank of Madison bears no liability to you or others for such interception or misdirected items or information disclosed through such errors.
• Image Quality
The image of an item transmitted to us using the MDC must be legible, as determined in the sole discretion of Bank of Madison. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by Bank of Madison, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
• Your Promises and Indemnification
You promise Bank of Madison that: (i) you will not transmit any ineligible items; (ii) you will not transmit duplicate items; (iii) you will not transmit any item if you are aware of any facts or circumstances that may impair the collectability of the item; (iv) the digital image of the check transmitted to us is a true and correct image of the original paper check and has not been altered in any manner by you or any third party acting on your behalf; (v) you have reviewed and confirmed that the image captured is identical in all respects to the original paper check and that the amount of the check captured is accurate; (vi) you will not re-deposit or re-present the original item; (vii) all information you provide to us is accurate and true; and (viii) you will comply with these Terms and all applicable rules, laws and regulations in using MDC services.
• Cooperation with Investigations
You agree to cooperate with us in the investigation of unusual transactions or poor quality transmissions, and in the resolution of claims related to items transmitted through the MDC service, including by providing, upon request and without further cost, any originals or copies of items deposited through MDC service in your possession and your records relating to such items and transmissions.
Electronic Fund Transfer Act Disclosure
Some of the terms set forth below are governed by the Electronic Fund Transfer Act (“EFT Act”), which is only applicable to consumers. Commercial Account holders are not entitled to the rights provided under the EFT Act. Any consumer Internet Banking transfers you complete using your password/PIN over this Site are subject to the EFT Act and this disclosure.
Reporting Unauthorized Transactions
You must notify the Bank IMMEDIATELY if your password/PIN has been lost or stolen, or if you believe unauthorized transactions are being made from your Account(s). Telephoning is the best way of minimizing possible losses. Contact the Customer Service Center at (706) 342-1953 or write the Bank at:
Failure to notify the Bank could result in the loss of all money in your Account plus your maximum line of credit, if you have one. If you report within two (2) business days, the loss sustained by you will be no more than $50 if your PIN is used without your permission.
If you do not notify the Bank within two (2) business days after learning of the loss or theft of the PIN, and the Bank can prove that it could have prevented someone from using the PIN without your permission had it been notified, you could lose as much as $500.
The Bank will mail or deliver to you periodic statements for your Account(s) as disclosed in your deposit or credit agreements. The Bank will include any transfers you authorize through Internet Banking on your statements.
You agree to review your periodic statement for accuracy of all data in accordance with these Terms and any other deposit or credit agreements governing your Account. You should promptly notify the Bank of any discrepancies.
Bank's Business Days
The Bank's business days are Monday-Friday. Federal holidays on which our offices are closed are not considered business days.
You may access Account information through Internet Banking 24 hours a day, seven days a week, except for interruptions due to maintenance or matters beyond the Bank's control. The Bank does not warrant that Internet Banking will be available at all times.
If your Account statement shows electronic transfers you did not make, or you feel any statement or receipt is wrong, or you wish to have more information about a transfer listed on a statement or receipt, contact us in writing or by telephone. Contact the Customer Service Center at (706) 342-1953 or write the Bank at:
We must hear from you within sixty (60) days after we send you the FIRST statement on which the problem or error appeared.
When you contact us:
Electronic Mail (secure messages) to the Bank may be delayed; therefore, if you need the Bank to receive information concerning your Account immediately ( e.g. , to stop payments, to report a lost or stolen card or to report unauthorized use of your Account), you must contact the Bank in person or by telephone. The Bank shall have a reasonable period of time after receipt to act on requests or information you send by electronic mail.
Links to Other Internet Sites
Electronic Signatures and Authentication
The Bank may, in accordance with federal law, adopt or accept commercially reasonable electronic signatures and/or authentication procedures to verify customer identity, authenticate customer signature authorization, and confirm that information electronically received by the Bank has not been altered during transmission. Such electronic signatures shall consist of symbol(s) or code(s), which may be affixed or contained in electronic agreements, disclosures, notices, records or data transmitted by you or the Bank to the other party. Neither Bank nor you shall disclose to any unauthorized person the confidential electronic signature of the other party.
You agree that by using Internet Banking to conduct transactions, the information and transfers will be recorded and/or data captured. By using the Bank's service you consent to such recording.
The information and materials contained in this Site are owned by the Bank or by others, as applicable. No material may be copied, displayed, transmitted, distributed, framed, sold, stored for use, downloaded, or otherwise reproduced except as permitted by law. All contents of this Site are: © 2003 Bank of Madison. All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics, the entire selection, coordination, arrangement and “look and feel” of this Site is copyrighted as a collective work under United States copyright laws. Neither these Terms nor your use of this Site transfers any right, title or interest in the Site or content on this Site to you, and the Bank and its third party licensors retain all of its and their respective right, title and interest to the Site and its content.
NEITHER THE BANK NOR ANY OF ITS AFFILIATES MAKES ANY WARRANTY OF ANY KIND REGARDING THE PRODUCTS AND SERVICES ADVERTISED ON OR ACCESSED THROUGH THIS SITE OR ANY LINKED SITE. THE BANK WILL USE REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION DISPLAYED IS ACCURATE; HOWEVER, THE BANK EXPRESSLY DISCLAIMS ANY REPRESENTATION AND WARRANTY, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, AND THE ABILITY TO USE THE SITE WITHOUT CONTRACTING A COMPUTER VIRUS. THE BANK IS NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, EXPENSE, OR PENALTY (EITHER IN TORT, CONTRACT, OR OTHERWISE), INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE AND INCIDENTAL DAMAGES, LOST PROFITS OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE, THAT RESULT FROM THE ACCESS TO OR USE OF THIS SITE. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, THE OMISSION OF INFORMATION, THE FAILURE OF EQUIPMENT, THE DELAY OR INABILITY TO RECEIVE OR TRANSMIT INFORMATION, THE DELAY OR INABILITY TO PRINT INFORMATION, THE TRANSMISSION OF ANY COMPUTER VIRUS, OR THE TRANSMISSION OF ANY OTHER MALICIOUS OR DISABLING CODE OR PROCEDURE. THIS LIMITATION APPLIES EVEN IF THE BANK OR ANY OF ITS AFFILIATES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AGREE THAT, EXCEPT AS EXPRESSLY STATED HEREIN, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF INTERNET BANKING.
BY ACCESSING INTERNET BANKING THROUGH THE WORLD WIDE WEB, YOU AGREE THAT NEITHER THE BANK NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNATIVE COSTS, EXPENSES OR DAMAGES (INCLUDING LOST SAVINGS OR PROFITS, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEY'S FEES) ARISING OUT OF OR RELATED TO THESE TERMS OF YOUR USE OF THIS SITE. THE MAXIMUM AGGREGATE LIABILITY OF THE BANK FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION, SHALL BE ONE HUNDRED US DOLLARS ($100).
If any provision of these Terms are found to be invalid or unenforceable under applicable law, said provision shall be ineffective to the extent of such invalidity only, without affecting the remaining provisions of these Terms.
Jury Trail Waiver and Arbitration
You hereby knowingly, voluntarily, intentionally and irrevocably waive the right to a trial by jury in respect to any litigation based hereon or arising out of these Terms or relating to the account as permitted under applicable law.
You agree that any dispute arising out of or relating in any way to your use of this Site or Internet Banking requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Bank's intellectual property rights, Bank may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in the City of Madison, Georgia, in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding.
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