Agreement and Disclosure
This Agreement and Disclosure provides information about the Bank5 Connect Online Banking and Bank5 Connect Bill Pay service. By clicking accept you agree that you have read, understood and agree to the terms and conditions set forth in the Agreement and Disclosure. If you use Bank5 Connect Bill Pay, you authorize your financial institution to post payment transactions generated by Bank5 Connect Bill Pay. Your use of the Bank5 Connect Bill Pay service signifies that you have read and accepted all terms and conditions of Bank5 Connect Bill Pay. If at any time you decide to discontinue service you will provide written notification to Bank5 Connect either through secured email within Bank5 Connect Online Banking, or by letter mailed to Bank5 Connect, 79 N. Main St. Fall River, MA 02720.
Consent to Electronic Notices
By clicking on the "Accept" box, you affirmatively consent to receive, and acknowledge that you can access, receive and retain the Notices electronically or by electronic means, and not in paper or non-electronic form. You further acknowledge that by accessing the Bank5 Connect Online Banking website, you satisfy the hardware and software requirements discussed more fully below and acknowledge that you have reasonably demonstrated that you can access, receive and retain the Notices electronically in the format Bank5 Connect uses.
General Information about Bank5 Connect Online Banking and Bank5 Connect Bill Pay
You may use Bank5 Connect Online Banking virtually any time, day or night, 7 days a week. However, Bank5 Connect Online Banking may be temporarily unavailable due to Bank5 Connect's record updating, or technical difficulties. In addition, access to Bank5 Connect Online Banking is made available pursuant to a license agreement by and between Bank5 Connect and Digital Insight. Any interruption of service or access caused by Digital Insight will also prevent you from using the service. To utilize the services, you will need to enter your user ID and password and otherwise satisfy the system's security procedures.
Bank5 Connect Bill Pay is a consumer electronic banking service. You may access Bank5 Connect Online Banking and Bank5 Connect Bill Pay through www.bank5connect.com on the internet.
Designated Checking Account
You understand that in order to use Bank5 Connect Bill Pay, you must have a checking account with Bank5 Connect. In the event that more than one checking account is connected to your Online Banking, you will designate which checking account each Bill Pay payment is to be deducted from.
Bank5 Connect's business days are Monday thru Friday excluding any Federal holidays. For the purpose of this document, "you," and "your" shall refer to each Depositor who signs up for Bank5 Connect Online Banking and Bank5 Connect Bill Pay. All references to time of day in this Agreement and Disclosure refer to Eastern Standard Time.
Service Available through Bank5 Connect Online Banking
The Bank5 Connect Online Banking service allows you to:
Collectively, these are referred to as the "Bank5 Connect Online Banking Service."
Bill Payments and Transfers may be processed in three different transaction modes. They are as follows:
"Manual". If you designate a payment or transfer as a "today" transaction, the scheduled payment date will be the next business day. However, sufficient funds must be available on the day and at the time you request the payment to be made. Bill Payments scheduled on "today's" date may be canceled before 9 P.M. If "today's" date falls on a weekend or holiday the transaction will be made the next business day.
"Scheduled". If you designate a Bill Payment or Transfer as a "scheduled" transaction, you may request that the transaction be made on a future date that you designate up to 364 days in advance. The "send on" date entered will be the effective date, if the effective date falls on a weekend or holiday the effective date shall be the next business day. Sufficient funds must be available in your designated checking account at the time the withdrawal is attempted; typically your checking account will be debited for the transaction within two business days. "Scheduled" transactions may be canceled or changed until 9 P.M. of the night before the "send on" date.
"Automatic". If you designate a Bill Payment or Transfer as an "automatic" transaction, you may request, and Bank5 Connect Bill Pay will use, a scheduled payment date that reoccurs on a specified regular basis (e.g. weekly, biweekly, monthly, etc.) You will designate a "start on" date and an "end on" date. In cases where a recurring payment falls on a weekend or Federal holiday it will be processed the preceding business day. If you are setting up a recurring payment for the first time to be processed on a Saturday it will be processed on the next business day.
Account Designation and Payees
All Bill Payments you make through Bank5 Connect Bill Pay will be deducted from your designated checking account(s).
Any payee you wish to pay through Bank5 Connect Bill Pay must be payable in U.S. dollars and located within the United States or its territories. Each payee must appear on the payee list you create before you can schedule a payment. Tax payments, court ordered payments and payments made outside the U.S. and its territories are not supported, these are exception payments. If you attempt to make payments to any unsupported payees you must schedule them at your own risk; please note that such payments are strongly discouraged. In no event shall Bank5 Connect Bill Pay be liable for any claims or damages resulting from your scheduling exception payments. The Bank5 Connect Bill Pay guarantee as it applies to any late payment related charges is void when exception payments are scheduled and/or processed through Bank5 Connect Bill Pay. Bank5 Connect Bill Pay has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, misposted or misdirected exception payments will be the sole responsibility of you and not of Bank5 Connect Bill Pay.
In many cases, your Bill Payments are electronically delivered to the payee within three business days of the Scheduled Payment Date. However, some payees are not set up to accept electronic payment. In these cases, a check will be sent, which may take up to five business days to process and deliver to the payee. Bank5 Connect Bill Pay provides an indication of how many days to allow for each payee you designate. You must allow additional time for the payee to process and record your payment prior to the due date.
You must allow sufficient time, 3 or 5 business days, as indicated online for Bank5 Connect Bill Pay to receive your request and process the bill payments so that the funds can be delivered to the payee before the payment due date or, for mortgage payments, on or before the due date (the due date shown on your invoice or provided in your agreement with the payee, not taking into account any grace period provided by the payee). If you do not allow sufficient time, you will assume full responsibility for all late fees, finance charges, or other actions taken by the payee. If you schedule your payment with sufficient time, and the payment was not received by the payee, or was received late, Bank5 Connect Bill Pay will assume responsibility. Bank5 Connect Bill Pay will cover any late payment related charges up to $50.00 should a payment arrive after the "deliver by" date as long as you scheduled the transaction in accordance with Bank5 Connect Bill Pay's payment guarantee policy. The reimbursement for late payment related charges will be paid to you, not to the merchant to whom the payment was issued.
Bank5 Connect Bill Pay is responsible only for exercising ordinary care in making payments upon your authorization and for mailing or sending a payment to the designated payee. Bank5 Connect Bill Pay is not liable in any way for damages or fees you incur if you do not have sufficient funds in your account to make the payment on the processing date, if the estimate of time to allow for delivery to the payee is inaccurate, or due to delays in mail delivery, changes of merchant address or account number, the failure of any merchant to account correctly for, or credit the payment in a timely manner, or for any other circumstances beyond the control of Bank5 Connect Bill Pay.
In the event sufficient funds are not available in the designated checking account when the payment withdrawal is attempted, Bank5 Connect Bill Pay will attempt up to three times to make the withdrawal for electronic payments. If the bill payment was more than $500.00, was issued in the form of a check, and there were insufficient funds when the withdrawal was attempted, a stop payment will be issued and no further withdrawal attempts will be made. If an insufficient funds condition exists, your account will be charged an insufficient funds fee for each withdrawal attempt as documented in the fee schedule. As a result of the insufficient condition your Bill Pay account will be blocked, preventing you from making more bill payments until the insufficient funds condition is resolved with Bank5 Connect Bill Pay. Any future dated or automatic recurring payments scheduled for release during the time the account is blocked will not be sent. In all cases, you are responsible for making alternate arrangements for the payment. Once Bank5 Connect Bill Pay has recovered the funds owed, the Bill Pay service may remain blocked for an additional 5 to 10 calendar days. In the event your Bank5 Connect Bill Pay was blocked, any previously scheduled future dated transactions will have been deleted from the system and you must reschedule them. If you had any Automatic recurring payments set up for future payment in Bank5 Connect Bill Pay, these transactions will still be set up in the system and will resume again once your Bank5 Connect Bill Pay has been re-instated.
Right to Repayment
You agree that Bank5 Connect may (without prior notice and when permitted by law) offset the funds in this account against any due and payable debt owed to Bank5 Connect (now or in the future) by you, or any other joint owner on the account, by having the right of withdrawal, to the extent of such persons or legal entity's right to withdraw. If the debt arises from a note, "any due and payable debt" including the total amount of which Bank5 Connect is entitled to demand payment under the terms of the note at the time Bank5 Connect processes the offset, including balance and due date for which Bank5 Connect properly accelerate under the note. The right to offset does not apply to this account if: (a) it is an Individual Retirement Account or other tax-deferred retirement account, or (b) the debt is created by a consumer credit transaction under a credit card plan or (c) the debtor's right of withdrawal arises only in a representative capacity. Bank5 Connect will not be liable for the dishonor of any check when the dishonor occurs because Bank5 Connect offset a debt against this account. You agree to hold Bank5 connect harmless from any claim arising as a result of the right of offset.
Transfers are limited to checking, statement savings, statement money market and certain lines of credit accounts. These accounts must first be established in Bank5 Connect Online Banking before transfers can be initiated. All of the accounts must be in your name.
Although you receive immediate provisional credit upon completion of your Bank5 Connect Online Banking session for internal bank transfers, funds may not be available for immediate withdrawal. Transfers made on a Saturday, Sunday or Holiday will be available the next business day. Transfers scheduled on "today's" date cannot be canceled.
Limitations on Services
Bill Payments cannot be initiated for more than $9,999.99 with a combined daily transaction limit set at $19,999.99 or the available balance, whichever is less, unless previously amended with Bank5 Connect.
Except as provided herein, all Bill Payments and Transfers to and from an account are subject to the terms and conditions applicable to such account as set forth in the account agreement governing such account. With respect to interest bearing savings accounts, and money market accounts, you may not make more than six transfers or withdrawals per month to another account of yours or to third parties, when these transfers are made by means of a preauthorized or automatic transfer, or telephone agreement, order or instruction. If during the statement cycle, you exceed the Limitations on Frequency of Transfers, your account will be charged a fee as documented in the fee schedule for each withdrawal in excess in that statement cycle.
Available Funds Required
All Bill Payments and Transfers initiated through Bank5 Connect Online Banking and Bank5 Connect Bill Pay are subject to there being sufficient funds available in the designated account(s) to cover the payment or transfer on the scheduled payment date or when funds are attempted to be withdrawn.
Stopping or Modifying Online Banking Authorized Payments
Payments designated as "today" transactions can be stopped, canceled, or changed prior to 9 P.M. In order to request a stop payment or change a transaction scheduled for a future date or as an automatic reoccurring payment or transfer, you must use Bank5 Connect Bill Pay and follow the instructions provided therein. You must cancel the payment using Bank5 Connect Bill Pay by 9 P.M. of the day before the scheduled payment date.
Authorization to Charge Accounts
You authorize Bank5 Connect Bill Pay to charge your designated account(s) for any transactions accomplished through the use of Bank5 Connect Bill Pay, including the amount of any bill payment or transfer that you make, and any charges for the service. You authorize Bank5 Connect to process Bill Payments and to transfer funds according to the instructions received from you through Bank5 Connect online. You authorize Bank5 Connect Bill Pay to initiate any reversing entry or reversing file, and to debit your accounts at Bank5 Connect or elsewhere, in order to correct any mistaken credit entry. You understand that if a bill payment or transfer request describes the beneficiary inconsistently by name and account number, execution of the request will occur on the basis of the account number, even if it identifies a person different from the named beneficiary. Further, Bank5 Connect and other financial institutions to which a bill payment or transfer request is forwarded may rely on any Bank5 Connect identification number supplied by you as a means to identify any other financial institution, even if the identification number is different than the financial institution named by you. Your obligation to pay the amount of the bill payment or transfer to Bank5 Connect is not excused in such circumstances.
A temporary Bank5 Connect Online Password will be assigned to you. The temporary password will be used only the first time you access the service, you will then be prompted to define a new Bank5 Connect Online Banking password. From time to time you will be required to change your password for security purposes. Your Bank5 Connect Online Banking user ID and password are confidential and should not be disclosed to anyone. You are responsible for the safekeeping of your Bank5 Connect Online Banking user ID and password. You agree not to disclose or otherwise make your Bank5 Connect Online Banking user ID and password available to anyone.
By using Bank5 Connect Online Banking and Bank5 Connect Bill Pay you represent that you have considered the security procedures of the Bank5 Connect Online Services and find that the security procedures are commercially reasonable for verifying that a bill payment, transfer or other communication purporting to have been issued by you is, in fact, yours. In reaching this determination, you have considered the size, type and frequency of bill payments, transfers or other communications that you anticipate issuing to Bank5 Connect.
If the Bank5 Connect Online Banking security procedures are not, in your judgment, commercially reasonable, you must inform Bank5 Connect within 30 days. If the size, type and frequency on your bill payments and transfers change, and the result is that the Bank5 Connect Online Banking security procedures cease to be commercially reasonable, you must also inform Bank5 Connect of this within 30 days as otherwise permitted in Bank5 Connect's Deposit Agreement and Disclosures, by law, or as required by government regulations.
Liability for Unauthorized Use
You will notify Bank5 Connect immediately if you believe that your Bank5 Connect Online Banking password has become known to an unauthorized person. Telephoning is the best way of keeping your possible losses to a minimum. If you suggest that an unauthorized transfer or payment may have occurred, you may be required to sign an affidavit.
You could lose all the money in your deposit account(s) accessed through Bank5 Connect Online Banking (plus your maximum overdraft line of credit, if any) if you don't inform Bank5 Connect that your Bank5 Connect Online Banking password has become known to an unauthorized person. If you tell Bank5 Connect within two business days after you learn of the loss, you can lose no more than $50.00 if an unauthorized person used your Bank5 Connect Online Banking password to access Bank5 Connect Online Banking without your permission.
If you do not tell Bank5 Connect within two business days after you have learned that your password has become known to an unauthorized person, and Bank5 Connect can prove that you could have stopped someone from using your Bank5 Connect Online Banking password without your permission if you had told Bank5 Connect, you could be liable for as much as $500.00.
Also, if your statement shows electronic funds transfers that you did not make, you will notify Bank5 Connect immediately. Bank5 Connect may require you to provide your complaint in the form of an affidavit. If you do not tell Bank5 Connect within 60 days after the statement was made available to you, you may not get back any money you lost after the 60 days if Bank5 Connect can prove that Bank5 Connect could have stopped someone from taking the money if you had told Bank5 Connect in time.
Notification of Unauthorized Transaction or a Lost or Stolen Access Device
If you believe your Bank5 Connect Online Banking password has become known by an unauthorized person, or that someone has transferred money or made payments without your permission, you will call Bank5 Connect Customer Service at 855-552-2655.
Liability for Failure to Make Payments
If Bank5 Connect Bill Pay does not send a payment or make a transfer on time, or in the correct amount according to your instructions given in accordance with this Agreement and Disclosure, Bank5 Connect Bill Pay will be liable for damages caused. However, there are some exceptions. Bank5 Connect Bill Pay will not be liable, for instance, if:
If any of the circumstances listed above shall occur, Bank5 Connect Bill Pay shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct transactions that have been processed incorrectly.
Errors or Questions
You will telephone the Customer Contact Center at 855-552-2655 or write Bank5 Connect, Attention: Customer Contact Center, 79 North Main St., Fall River, MA 02720 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a Bill Payment or Transfer listed on the statement or receipt. Bank5 Connect must hear from you no later than 60 days after Bank5 Connect sends, or makes available, the statement on which the problem or error appeared. A statement is considered to have been sent when it is first made available.
If you tell Bank5 Connect verbally, Bank5 Connect may require that you send your complaint or question in writing within ten business days. Bank5 Connect may require you to provide your complaint in the form of an affidavit.
Bank5 Connect will inform you of the results of Bank5 Connect's investigation within ten calendar days (20 calendar days if the suspected error occurred outside the United States or if it occurred at a merchant location for the purchase of goods and services) after Bank5 Connect hears from you, and will correct any error promptly. If Bank5 Connect needs more time, however, Bank5 Connect may take up to 45 calendar days (90 days if the suspected error occurred outside the United States or if it occurred at a merchant location for the purchase of goods or services) to investigate your complaint or question. If Bank5 Connect decides to do this, provisional credit will be provided to you in your account within ten calendar days (20 calendar days if the suspected error occurred outside the United States or if it occurred at a merchant location for the purchase of goods or services) for the amount you think is in error, so that you will have the use of your money during the time it takes Bank5 Connect to complete its investigation. If Bank5 Connect asks you to put your complaint or question in writing and it is not received within ten business days, Bank5 Connect may not re-credit your account.
If Bank5 Connect determines that there is no error, Bank5 Connect will send you a written explanation within three business days after the investigation is completed. You may ask for copies of the documents that were used in Bank5 Connect's investigation.
If you believe an error other than an electronic funds transfer problem has occurred concerning a deposit account or if you have a problem regarding a credit account accessed by an ATM/Debit Card, you will refer to your monthly statement for instructions regarding how to have Bank5 Connect resolve your question or correct an error.
Customer Privacy Statement
Bank5 Connect values your banking relationship and recognizes that protecting your right to privacy is fundamental in maintaining a quality relationship. Bank5 Connect wants to serve you as conveniently as possible and the use of technology is sometimes the most efficient means of providing a service.
Bank5 Connect would also like you to know that your dealings with the bank are always treated with appropriate confidentiality. Bank5 Connect's commitment to you:
If you have any questions regarding this statement or about Bank5 Connect's handling of your information, please contact the Customer Contact Center at 855-552-2655 or write Bank5 Connect, Attention: Customer Contact Center, 79 North Main St., Fall River, MA 02720.
Documentation and Verification of Payments and Transfers
Upon completion of a transaction using Bank5 Connect Bill Pay or Bank5 Connect Online Banking, a confirmation number will be given. You may print this page for your records, if you are unable to print the confirmation you should record the confirmation number, along with the payee, scheduled date and transaction amount in your checkbook register (or other permanent record), because this will help in resolving any problems that may occur.
Information concerning Bank5 Connect Bill Pay or Bank5 Connect Online Banking transactions will be shown on your normal statement for the account to and from which transfers or payments are made. You will get a statement monthly, unless there are no electronic funds transfers in a particular month. In any case, if your account is a checking, statement savings, or money market, you will get a statement at least quarterly.
If you have arranged to have deposits made to a deposit account at least once every 60 days from the same person or company, you can find out whether or not the deposit has been made through Bank5 Connect Online Banking. Or, you can call Phone5Direct (telephone banking system) at 888-833-5595 to find out whether or not the deposit has been made.
You are responsible for complying with all terms of this Agreement and Disclosure and the regulations governing the deposit accounts which you access using Bank5 Connect Online Banking. Bank5 Connect can terminate your Bank5 Connect Online Banking privileges without notice to you if you do not pay any fee required in this Agreement and Disclosure when due or if you do not comply with those agreements. The regulations governing your deposit account are set forth in your Deposit Agreement and Disclosures, a copy of which can be made available by calling the Customer Contact Center at 855-552-2655 or writing Bank5 Connect, Attention: Customer Contact Center, 79 North Main St., Fall River, MA 02720.
Change in Terms
Bank5 Connect will mail or deliver a written notice to you at least 30 days before the effective date of any change in a term or condition disclosed in this Agreement and Disclosure, if the change would result in increased fees or charges, increased liability for you, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amounts of transfers, unless prior notice is excused by law.
Schedule of Service Charges*
*Per item transaction fees may be charged for excess debit transactions on selected checking and savings account(s). Please refer to the Bank5 Connect's Personal Accounts and Service Schedule of Fees for per-item fees on selected checking or savings accounts.