Internet Business Banking Service Agreement - Union Bank

Internet Business Banking Service Agreement - Union Bank Internet Business Banking Service Agreement - Union Bank

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your information. If this occurs, the Bank is not responsible to make the Service operable for you, and wereserve the right to discontinue the Service to you.24. TRANSACTION LIMITATIONS. Federal regulation limits certain types of withdrawals or transfers from yoursavings or money market account (including online/telephone transfers and Deposit Overdraft Protectiontransfers) to a maximum of six (6) each monthly statement period (money market accounts) or calendar month(savings accounts or money market accounts when the statement period date was requested on a specific day).Union Bank will charge a $15 Excess Activity Charge for each excess transfer paid against the account.If you exceed these limits, the Bank is required to close your account or convert your account to one notsubject to transfer limitations. If your account is closed or converted due to excessive activity, you will not beable to open another Union Bank savings and/or money market account for 12 months. Please see theapplicable Account Agreement for more information.We further reserve the right to limit the frequency and dollar amount of transactions from yourActivated Accounts for security reasons.25. OUR LIABILITY FOR FAILURE TO COMPLETE A TRANSACTION. If we do not complete a transfer to or fromyour account on time or in the correct amount according to this Agreement, we will be liable for your losses ordamages. There are some exceptions, however. We will not be liable, for instance, if:(a) You fail to provide us with timely, complete and accurate information for any transaction;(b) Through no fault of ours, you do not have enough available funds or credit availability in your account tomake the payment or transfer;(c) The payment or transfer would exceed the credit limit under any credit arrangement established to covernegative balances;(d) Your computer, Internet connection, and/or software malfunctioned for any reason, or the transactioncould not be completed due to Service unavailability;(e) Circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute,computer breakdown, telephone line disruption, or a natural disaster) prevent or delay the transfer despitereasonable precautions taken by us;(f) The system or terminal was not working properly and you knew, or should have known, about the problemwhen you started the transaction;(g) The funds in your account are subject to legal process, an uncollected funds hold, or are otherwise notavailable for withdrawal;(h) The payment account is closed or frozen;(i) The information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely;(j) You did not properly follow Service instructions on how to make the transfer or payment (this includesincorrect date, amount, and/or address information);(k) You did not authorize a payment early enough for the payment to be scheduled, transmitted, received, andcredited by the payee’s Due Date;(l) We made a timely payment, but the payee refused to accept the payment or did not promptly credit yourpayment after receipt; or(m) Any third party through whom any bill payment is made fails to properly transmit the payment to theintended payee.There may be other exceptions stated in our other agreements with you.

26. YOUR LIABILITY FOR UNAUTHORIZED ELECTRONIC FUND TRANSFERS. Tell us AT ONCE if you believe yourPassword has been lost, stolen, or otherwise compromised, or someone has transferred or may transfer moneyfrom your account without your permission. Telephoning is the best way of limiting your possible losses. Youcould lose all the money in your accounts (plus the aggregate maximum amount of your lines of credit for yourActivated Accounts). You agree to review promptly all statements, Customer Notices, and transactioninformation made available to you, and to report all unauthorized transactions and errors to us immediately.You agree that we may process payment and transfer instructions that are submitted with correct online logininformation, and agree that such instructions will be deemed effective as if made by you, even if they are nottransmitted or authorized by you.Personal Accounts Only: Tell us AT ONCE if you believe your password or PIN has been lost or stolen.Telephoning is the best way of limiting your possible losses (see Section 30). You could lose all the money inyour account (plus your maximum line of credit). If you tell us within two Business Days that your password hasbeen lost or stolen, you can lose no more than $50 if someone used your password without your permission. Ifyou do NOT tell us within two Business Days after you learn of the loss or theft of your password, and we canprove we could have stopped someone from using your password without your permission if you had told us,you could lose as much as $500. Also, if your statement or information you access online shows transfers thatyou did not make, tell us at once.If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money youlost after the 60 days if we can prove that we could have stopped someone from taking the money if you hadtold us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extendthe time periods.Business Accounts: The limitations on customer liability set forth in the preceding paragraph do notapply to accounts held by businesses. Business customers agree to review promptly all statements,Customer Notices, and transaction information made available to them, and to report all unauthorizedtransactions and errors to us immediately. Business customers agree that we may process payment andtransfer instructions that are submitted with correct online login information, and agree that suchinstructions will be deemed effective as if made by them, even if they are not transmitted or authorizedby the customer.27. DISCLAIMER OF WARRANTIES. To the fullest extent permitted by law, we make no representations orwarranties of any kind in respect of the Service, either express or implied, statutory or otherwise, including butnot limited to implied warranties of merchantability or fitness for a particular purpose, and we hereby disclaimany such representations, warranties and conditions of any kind. We do not represent or warrant that theService will be uninterrupted, timely, secure or error free, that defects will never arise or will be corrected, orthat our website that makes the Service available is free of viruses or other harmful components.28. LIMITATION OF LIABILITY. Except as specifically set forth herein or where the law requires a differentstandard, we shall not be responsible for any loss, damage or injury or for any direct, indirect, special,incidental, exemplary or consequential damages, including lost profits, loss of data, files, profit or goodwill orthe costs of procurement of substitute goods or services, arising from or related to the Service, the inability touse the Service, or otherwise in connection with this Agreement, even if advised of the possibility of suchdamages.

your information. If this occurs, the <strong>Bank</strong> is not responsible to make the <strong>Service</strong> operable for you, and wereserve the right to discontinue the <strong>Service</strong> to you.24. TRANSACTION LIMITATIONS. Federal regulation limits certain types of withdrawals or transfers from yoursavings or money market account (including online/telephone transfers and Deposit Overdraft Protectiontransfers) to a maximum of six (6) each monthly statement period (money market accounts) or calendar month(savings accounts or money market accounts when the statement period date was requested on a specific day).<strong>Union</strong> <strong>Bank</strong> will charge a $15 Excess Activity Charge for each excess transfer paid against the account.If you exceed these limits, the <strong>Bank</strong> is required to close your account or convert your account to one notsubject to transfer limitations. If your account is closed or converted due to excessive activity, you will not beable to open another <strong>Union</strong> <strong>Bank</strong> savings and/or money market account for 12 months. Please see theapplicable Account <strong>Agreement</strong> for more information.We further reserve the right to limit the frequency and dollar amount of transactions from yourActivated Accounts for security reasons.25. OUR LIABILITY FOR FAILURE TO COMPLETE A TRANSACTION. If we do not complete a transfer to or fromyour account on time or in the correct amount according to this <strong>Agreement</strong>, we will be liable for your losses ordamages. There are some exceptions, however. We will not be liable, for instance, if:(a) You fail to provide us with timely, complete and accurate information for any transaction;(b) Through no fault of ours, you do not have enough available funds or credit availability in your account tomake the payment or transfer;(c) The payment or transfer would exceed the credit limit under any credit arrangement established to covernegative balances;(d) Your computer, <strong>Internet</strong> connection, and/or software malfunctioned for any reason, or the transactioncould not be completed due to <strong>Service</strong> unavailability;(e) Circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute,computer breakdown, telephone line disruption, or a natural disaster) prevent or delay the transfer despitereasonable precautions taken by us;(f) The system or terminal was not working properly and you knew, or should have known, about the problemwhen you started the transaction;(g) The funds in your account are subject to legal process, an uncollected funds hold, or are otherwise notavailable for withdrawal;(h) The payment account is closed or frozen;(i) The information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely;(j) You did not properly follow <strong>Service</strong> instructions on how to make the transfer or payment (this includesincorrect date, amount, and/or address information);(k) You did not authorize a payment early enough for the payment to be scheduled, transmitted, received, andcredited by the payee’s Due Date;(l) We made a timely payment, but the payee refused to accept the payment or did not promptly credit yourpayment after receipt; or(m) Any third party through whom any bill payment is made fails to properly transmit the payment to theintended payee.There may be other exceptions stated in our other agreements with you.

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