Effective July 7, 2009
General
This BankEast Online Agreement and Disclosure (the “Agreement") governs your use of BankEast Online and Online Bill Pay (the "Service"). By subscribing to the Service or using the Service, you agree that you have complied with online instructions in accessing the Service, and that you will be bound by the terms of this Agreement. Please read this Agreement carefully and keep a copy for your records.
In this Agreement, "you" or "your" refers to the person(s) subscribing to or using the Service; "we" "us" or "our" refers to BankEast and any agent, independent contractor, designee, or assignee BankEast may, in its sole discretion, involve in the provision of the Service.
1. The Service. This Agreement applies when accessing your accounts through the Internet. You can check the balance in your designated BankEast accounts (the "Accounts"), transfer funds between eligible accounts, place stop payments, and make payments to your BankEast loans (“Payees”).
2. Systems Requirements. To use BankEast Online, you must have Internet access. Your system should be set up with 128-bit encryption. Your browser connection needs to be Internet Explorer 6.0 (or greater) or Netscape 6.0 (or greater). If you use Microsoft Money or Intuit Quicken, system requirements are included with the software package.
3. Your Access ID and Password. You will be asked to create an alphanumeric Access ID and Password, which you will use to obtain access to BankEast Online. You authorize us to follow any instructions entered through the Service using your Access ID and Password.
Because your Access ID and Password can be used to obtain information and access money in your Accounts, you should treat your Access ID and Password with the same degree of care and secrecy that you use to protect your PIN or other sensitive personal financial data. You agree not to give nor make available your Access ID or Password to any person not authorized to access your Accounts.
4. Our Liability for Failure to Complete Transactions. We will process and complete all transfers (to and from eligible accounts) properly initiated through the Service in accordance with the online instructions provided within BankEast Online and the terms of this Agreement. If we do not complete a transfer to or from your account on time or in the correct amount in accordance with online instructions provided with Banking Online and under the terms of this Agreement, our liability for your losses and damages will be limited to those directly and proximately caused by our failure, not to include indirect, consequential, special or exemplary damages. Additionally, we will not be liable if:
a. Through no fault of ours, you do not have enough money in your account to make the transfer or payment.
b. The Service is not working properly, and you knew about the malfunction when you started the transfer or payment.
c. A Payee mishandles or delays handling payments sent by us.
d. You have not provided us with the correct Payee name, address, account information, or payment amount.
e. Circumstances beyond our control (such as fire, flood, other natural disaster, or delay in the U.S. Mail) prevent the proper completion of the transaction despite reasonable precautions by us to avoid these circumstances.
f. There may be other exceptions not specifically mentioned.
5. Transfers from Savings and Money Market Accounts. Federal regulations limit the number of preauthorized electronic fund transfers and telephone transfers - including BankEast Online transactions - from money market deposit and savings accounts. You are limited to six (6) preauthorized electronic fund transfers and telephone transfers, checks and point-of-sale transactions per statement cycle. Of these six (6) transactions, you are limited to only three (3) transactions by check or point-of-sale. (For information on these accounts, see the applicable account agreement.) Each transfer or payment through BankEast Online from your money market or savings account is counted as one of the six (6) limited transfers you are permitted each statement period. Payments to your BankEast loans from your money market or savings account are counted toward this limit.
6. Stop Payments.
- Customer may initiate stop payment requests or cancellations of a stop payment order in the form and manner specified in Business Online. Customer must provide the account number, check serial number, exact check amount, check payee name and stop payment reason in order for the stop payment instructions to be effective. All stop payment instructions (or instructions to cancel) must be received no later than 3:00 p.m. Eastern Standard Time. Stop payment orders are effective for only six (6) months (180 days) and must be properly renewed to prevent the items from being paid after the six month period.
- All stop payment orders are subject to verification that the check in question was not paid prior to Bank’s receipt and processing of the instructions. All stop payment cancellations are subject to verification that stop payment instructions existed prior to Bank’s receipt and processing of such cancellation request. Bank shall not be responsible for any checks paid by Bank before it had time to effect Customer’s stop payment order, of for any checks stopped by Bank before it has time to effect Customer’s cancellation instruction.
- Bank shall not be liable for paying a check on which a stop payment has been placed if the check was improperly encoded by another financial institution, contained no serial number, or was unidentifiable by Bank. In the event Bank pays any check upon which Customer has placed a valid stop payment order, Bank will be liable to Customer only for any actual loss resulting form such payment. In no event shall Bank be liable to Customer if such payment causes other items drawn on Customer’s account to be returned for insufficient funds. Bank’s maximum liability for paying over a stop payment order shall be limited to the amount of the check subject to such order. In the event of any such liability, Customer shall assign any claim or right that Customer has against the payee of the check with respect to the transaction out of which the check arose.
7. Statements. Payments and funds transfers made through the Service will appear on your monthly account statement(s). The payee account name and/or number, payment amount, transaction date and confirmation number will be shown for each transaction initiated through the Service. You agree that we may make your statement available to you online instead of by mail if we so choose. If we provide your statement online, you may request a paper statement by calling 865-540-5800.
8. Online Statements. If you choose to receive Online Statements (eStatements), your eStatement will replace your mailed, paper statement for the selected account(s) with an electronic version of the statement that you may view, save to your PC and/or print at your convenience.
A. We may provide the Agreement to Receive Electronic Communications and any amendments or revisions thereto to you in electronic form. You also agree that we may deliver to you via electronic communication any future required notices and information pertaining to the Service and your other accounts with BankEast. Electronic communication includes posting a notice or a link to a notice on our website or sending the notice to the email address that you provided to us.
- We will post the periodic Online Statement for your Online Statement Account at our Online Banking website. In order to access the Online Statements, you must login to BankEast Online with your username and Password. Click on the account number of the statement you wish to view. Click on “Documents”, and then click on the option listed in your email notification for checking, savings, certificate of deposit or loan. You will need a currently supported version of Adobe® Acrobat® Reader® to view, print, and/or save your Online Statements. An Online Statement for any given period may be accessed electronically at our Online website for twelve (12) months following its initial posting.
- Except as otherwise required by applicable law, you acknowledge and agree that it is your responsibility to access the periodic Online Statements as they are posted at our Online Banking website without any notification to do so from us. However, we may send an electronic notification to the e-mail address you have provided to us for use in connection with Online Banking. You agree to promptly notify us of any change in your email address. To notify us of a change in your email address, send written and signed instructions to BankEast Deposit Operations Department, PO Box 24, Knoxville TN 37901.
- The deposit account agreement that you have with us and/or agreements and disclosures regarding your Online Statements Accounts with us describe your obligations and responsibilities with respect to timely examining your periodic account statements and reporting errors and discrepancies to us. These obligations and responsibilities are applicable to your examination and review of the Online Statements. You agree that you will not alter any information in any Online Statement or Other Statement Material, and you agree that our record of any Online Statement or Other Statement Material is the best evidence of the information set forth in such Online Statement or Other Statement Material, as applicable.
- You agree that you will notify us as soon as possible in the event that you experience any technical difficulties in accessing any Online Statement or Other Statement Material that we have made available to you. You may notify us using any method listed in the Contact Us section of the BankEast website.You may withdraw your consent to receive electronic communications and cancel your BankEast Online Banking access by notifying us in writing. Send your request to BankEast Deposit Operations Department, PO Box 24, Knoxville TN 37901.
9. Electronic Messages. BankEast Online provides you the ability to send and receive electronic (email) messages to and from us. While we understand that e-mail is a simple and cost effective method of communication, sensitive personal and account information such as account numbers, Social Security numbers, passwords, or Personal Identification Numbers (PINs) must never be sent by e-mail.
A BankEast representative will not immediately review e-mail messages that you send. Therefore, no action will be taken on email messages that you send to us until we read the email and have a reasonable opportunity to act on it. You must contact the Bank by telephone or in-person for items needing immediate attention.
E-mail messages may not be used to place a stop payment on a check, request transfers between accounts, report lost or stolen checks, or to report lost or stolen bank cards and/or codes (PINs). E-mail messages do not serve as a sufficient means for meeting requirements to provide written notice to us regarding your accounts, including suspected unauthorized transactions.
We may send important notices to you regarding your use of the Service and your accounts with BankEast by electronic communication, by postal mail, or by posting the notice or a link to the notice on the BankEast website.
10. Fees. There are no monthly fees associated with BankEast Online and Online Bill Payment. Your checking and/or savings account fees are listed in the fee schedule of your Depositor Agreement, as modified from time to time. We will notify you in advance of any fee changes for your accounts with BankEast and the Service electronically, by postal mail, or by posting the changes on the BankEast website.
11. Equipment. We are not responsible for any loss, damage or injury resulting from (a) an interruption in your electrical power, telephone service or cable service: (b) the disconnecting of your telephone line by your local telephone company or for deficiencies in your line quality; (c) the disconnecting of your cable service by your local cable provider or for deficiencies in your line quality: or (d) any defect or malfunction of your PC, modem, telephone or cable line. We are not responsible for any services relating to your PC other than those specified in this Agreement.
12. Business Days and Hours of Operation. Our business days are Monday through Friday, except bank holidays. BankEast Online cut-off time is 4:00 p.m. ET on any business day. Transactions completed after the cut-off time will post to your account the next business day. The Service is available for use 24 hours a day, seven days a week (except for scheduled maintenance), with transaction completion limited to the aforementioned days and times.
13. Notice of Your Rights and Liabilities. Tell us AT ONCE if you believe that your password has been lost, stolen, or compromised. Otherwise, you could lose all the money in your accounts accessed by the password. Telephoning is the best and fastest way of keeping your possible losses down.
If you believe your password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call:
BankEast Online Customer Service – 865-540-5800
Or write to:
BankEast Online Customer Service
P.O. Box 24
Knoxville, TN 37901-0024
If you tell us within two (2) business days after you discover that your password has been lost or stolen, you can lose no more than $50.00 if someone used your password without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make or authorize, 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 you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
14. Error Resolution and Questions. In case of errors or questions about your electronic transfers or payments, call or write us at the telephone number or address listed above as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on your statement or receipt. We must hear from you no later than 60 days after we send the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (5 business days if involving a Visa® transaction or 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days if involving a Visa® transaction or 20 business days if the transfer involved a new account) 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 10 business days, we may not credit your account. An account is considered a new account for 30 days after the first deposit is made if you are a new customer.
We will tell you the results within 3 business days after 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.
15. Disclosure of Account Information to Third Parties. We will disclose information to third parties about your Accounts or the transactions you make:
- Where it is necessary for completing a transaction; or
- In order to verify the existence and condition of your Accounts to a third party, such as a credit bureau or merchant; or
- In order to comply with a governmental agency or court orders; or
- If you give us your written permission; or
- To our affiliates or for purposes of offering or providing you other products or services
16. Authorization to Obtain Information. You agree that we may obtain and review your credit report from an authorized credit bureau. You also agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments.
17. Termination. You may terminate your use of the Service at any time by calling BankEast at 865-540-5800, or write to BankEast Online Customer Service, P.O. Box 24, Knoxville, TN, 37901-0024. You must notify us at least ten (10) days prior to the date on which you wish to have your Service terminated. We may require that you put your request in writing. If you have scheduled payments with a Transaction Date within this ten-day period, you also must separately cancel those payments. If we have not completed processing your termination request and you have not otherwise canceled a payment, you will be responsible for payments with Transaction Dates during the ten (10) days following our receipt of your written notice of termination. We will confirm your termination by mail. .
We may terminate your use of the Service, in whole or in part, at any time without prior notice. Your access to the Service will be terminated automatically if your Accounts are closed or access to your Accounts is restricted for any reason. Termination will not affect your liability or obligations under this Agreement for transactions we have processed on your behalf.
18. Limitation of Liability. Except as otherwise provided in this Agreement, we are not responsible for any loss, injury or damage, whether direct, indirect, special or consequential, including, without limitation, lost profits or attorney’s fees, caused by the Service or the use thereof, even if we are advised in advance of the possibility of such damages.
19. Software. The software programs providing the services are provided "as is". We disclaim all warranties whatsoever concerning the software, specifically including, without limitation, any warranty of fitness for a particular use or warranty of merchantability. The software contains trade secrets. You may not modify, translate, reverse engineer, decompile, disassemble, or otherwise reduce the software to human perceivable form. You may not create derivative works based on the software or remove any proprietary notices, labels, or marks on the software or accompanying documentation.
20. Entire Agreement. This Agreement is the complete and exclusive agreement between you and us related to the Service and supplements the Depositor Agreement related to your Accounts. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Accounts or any statement by our employees or agents, this Agreement shall control with regard to the subject matter contained herein.
21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Tennessee, regardless of where you use the Service or any other state's conflict of laws or provisions.
22. Amendments. We may amend or change any of the terms and conditions of this Agreement under the same terms and conditions as we may make changes to the Depositor Agreement governing your accounts.
23. Severability. The same severability provisions, which are set forth in the bank's Depositor Agreement shall also apply to this Agreement.
