This Agreement governs your use of the online banking and bill payment service and other financial service functions which are now available or will be available in the future.
In this Agreement,
(a) "we", "us", "our" "Bank" and "JSB" mean Jefferson Security Bank
(b) "you", "your" and "yours" means each person who has an interest in an account or other relationship which is accessible through the Services and any person authorized to use a Service
(c) “Service(s)” refers to collectively, any or all of the bank’s OnLine Banking Services, which allows you to access Account and transaction information, transfer funds, and pay bills on a personal computer
Use of any of the Services by you, or others you have authorized, constitutes your acceptance of the terms and conditions of this Agreement. Your use of a Service will also be subject to the terms or instructions appearing on the help screens or on-line at the time you use a Service (the "Online Instructions").
Access to the Services requires that you have at least one eligible account with us that, according to our records, is identified with your Social Security Number. That account and all other existing and future eligible accounts identified with your Social Security Number will be automatically linked together to form your Web Banking relationship with us. Accounts that, in addition to your Social Security Number, have other Social Security Numbers identified with them (for example, joint checking accounts) will still qualify to be linked if you, acting alone, are authorized to access those accounts.
Eligible Accounts include: checking, savings, loan accounts (personal only), IRAs, CD’s and overdraft protection plan accounts.
Accessibility of eligible accounts may vary based on the Service(s) you use. Each person on a joint eligible account will be liable for all transactions that are made on that account. Each person on a joint eligible account authorizes all transactions made by any other person on such account. Each person on an eligible joint account agrees to be liable for the actions of the other person(s) on the account.
Eligible accounts linked to the Service will continue to be subject to the agreements you have for such account. You should refer to those agreements and any applicable disclosures for any restrictions, fees or other terms and conditions relating to the use of such accounts which may affect use of the Service. This Agreement will control if there are any irreconcilable conflicts between the terms of those agreements and this Agreement.
To access the Services, you must have a personal computer with access to the Internet ("Equipment") and a supported software product that allows you to browse the Internet through an Internet Service Provider (the "Software"). It is your responsibility to maintain, at your expense, your Equipment, Software and access to the Internet. We are not responsible for errors or failures from any malfunction of your Equipment or Software or for any computer virus that may affect your Equipment or Software that may result, directly or indirectly, from your use of the Services. We reserve the right to update, terminate or discontinue supporting any Software or Equipment without written notice to you.
You will be assigned your personal User ID consisting of 12 numeric characters and a Password which you will use to obtain access to your Account(s). During your initial login, you will be required to change your password, which must consist of 4-8 alpha-numeric characters. If you request Combined Services, you will use one User ID and password to access both your commercial and consumer accounts. You authorize us to follow any instructions entered through the Service using your User ID and Password. Because your User ID and Password can be used to access money in your Account(s) and to access information about these Account(s), you should treat your User ID and Password with the same degree of care and secrecy that you use to protect your ATM Security code and other sensitive financial data. We may ask you to change your User ID and Password from time to time for security reasons. You agree not to use any language that is abusive, harassing, libelous, defamatory, obscene, or threatening when defining your User ID or any other personalization of your Account(s).
You agree not to give or make available your User ID, Password, or account number(s) to any person who is not authorized to access your Account(s). If someone to whom you have granted authority to use your User ID and Password exceeds such authority, you are fully liable for all transfers and payments made by such person until you have notified us that you have terminated the authority granted to such person and have given us a reasonable period of time to act upon such notice. We may require that you put such notice in writing. Upon receipt of such notice, we may require you to immediately change your User ID and Password, and to identify the person or persons you believe to have exceeded such authority. You agree to cooperate with us in the investigation and prosecution of any person who has obtained and used your User ID and Password without your authorization.
In addition to the Services described in this Agreement new Services and functions may be added from time to time. Also, we may modify the features or functions of a Service from time to time. Any new modified Services, features or functions will be posted on the bank’s website.
(a) Funds Transfers. Either during your enrollment or after you have enrolled you may activate the Funds Transfer Service to transfer funds between eligible accounts. To do so, you will be required to provide your Card Data. See the Online Instructions for details and limitations on the acceptance and processing of your Funds Transfer instructions. Any transfer of funds from a deposit account is subject to the funds being available for withdrawal from that deposit account when the transfer is to be made. Also, federal regulations limit the number of preauthorized electronic fund transfers and telephone transfers from money market deposit and savings accounts (see applicable account agreement). Each transfer or payment through the Service from these types of accounts is counted as one of the limited transfers you are permitted for each statement period. Payments from money market deposit accounts or savings accounts to your JSB loans are not counted toward this limit.
(b) Account Balance and Transaction History. After you have enrolled, you can use this Service to obtain balance and transaction history on all eligible accounts. Any information on the balance of any of your eligible accounts obtained by using the Services will generally, but not necessarily, be as of the close of business on the most recent business day ending before the day we receive the request for the information. Please refer to the Online Instructions for specific availability. Transaction history will be available on any transaction posted to an eligible account up to 90 days before the day an inquiry is made.
(a) Enrollment - Either during your enrollment or after you have enrolled in online banking, you may enroll in the Bill Pay Service. To do so, you will be required to provide your Card Data. You may use the Bill Pay Service to make one-time, future-dated, and recurring payment transactions (scheduled to repeat on a regular frequency for the same amount) from an eligible checking account.
(b) Payment Instruction - When you initiate a payment instruction through Bill Pay, you authorize us to withdraw the necessary funds from the specified eligible checking account on the business day your payment instruction will be processed ("Processing Date"). On the Bill Pay screen, the Processing Date is referred to as "Date to Send." Because of the time it takes to process a payment to be sent to a payee, there will be a delay between the Processing Date and the date you schedule the payment to be delivered to the payee ("Delivery Date"). TO PROVIDE ADEQUATE TIME FOR PAYMENTS TO BE RECEIVED BY A PAYEE, THE DATE YOU SELECT AS THE DELIVERY DATE MUST BE AT LEAST FIVE (5) BUSINESS DAYS PRIOR TO THE DATE YOUR PAYMENT IS DUE, EXCLUDING ANY APPLICABLE GRACE PERIODS. If you do not, you will be fully responsible for all finance charges, late fees or actions taken by the payee. When a Payment instruction is initiated after 12:00 a.m. (midnight) or on weekends or federal holidays, the instruction will be considered received on the next business day. The Bill Pay Online Instructions will show you the general lead-times (the number of days before your scheduled Delivery Date that the Processing Date will occur) for your payees. We reserve the right to change the lead-time for any payee at any time without notice to you. We recommend that you frequently check the lead-time indicator for your payees in order for you to accurately determine the Processing Date for a payment instruction. These lead-time indicators are for your convenience only and you must schedule your payments as set forth in this section.
You agree that you will not initiate a payment unless there are, or will be, sufficient funds in the specified eligible account on the Processing Date. If there are insufficient funds available in such account on the Processing Date, the Bank will automatically continue to try to complete the payment instruction until there are sufficient funds available, or until you remove the transaction request.
(c) Limitations on Payments - Bill Pay cannot be used to make payments: (i) to payees located outside the United States; (ii) to taxing authorities or other governmental entities or (iii) required under court order (e.g., child support, alimony).
(d) Uncomplete Payments - Payments will be made either by a check, or by electronic transfer, depending on arrangements with the payee. If a payee fails to cash a check within the time period we establish for cashing checks or if it rejects an electronic transfer, we will thereafter recredit your account where the payment initially came from in the amount of the original payment instruction (without interest).
(e) Canceling Payments - You can order us to cancel any payment initiated through the Bill Pay Service by canceling the instruction to make that payment prior to the Processing Date. The Processing Date for a specific payment is listed on the "Pending Payment" screen. Please see the Bill Pay Online Instructions as to how to cancel the instruction in this way. Once the withdrawal has been made from the specified account on a Processing Date, it will not be possible to stop that payment from being made.
For recurring payments instructions, you can stop the recurring payment using one of the following methods: (i) cancel the payment instruction per paragraph above; or (ii) telephoning us at 1-304-876-9000 or using internal e-mail (see Electronic Mail Section Below) to send us a cancellation instruction in time for us to receive the order at least 3 of our business days before the Processing Date for the next payment that is scheduled to be made. If you call, we may require you to confirm your order in writing and get it to us within 14 days after the date you called us. If you call or e-mail and tell us to stop payment three (3) business days or more before the Processing Date for such a recurring payment, and we do not do so, we will be liable for loses or damages you may suffer.
(f) No Duty to Monitor Payments - the bank does not have any duty to monitor the payments that are made through Bill Pay.
(g) Overdraft - If there are insufficient funds in an eligible account that is linked to an overdraft protection plan when you instruct us to initiate a payment transaction from that account, we will draw on the available credit under your overdraft protection plan to cover the transaction. However, if your overdraft protection plan is connected to a home equity line of credit, draws on your home equity overdraft protection plan to cover a shortfall may not be posted immediately and could be delayed for up to two (2) business days from the date of the overdraft.
Any fees for the service(s) are in addition to the fees applicable to eligible accounts under the correspondent account agreement. You need to specify an eligible deposit account from which fees will be paid (the “Billing Account”) and you authorize us to debit the Billing Account for fees and, if there are insufficient funds in the Billing Account or if the Billing Account has been closed, any other account you have with the bank. If you close your Billing Account, you must notify us and identify a new Billing Account. We may suspend or cancel your access to the Services at any time without prior notice due to insufficient funds in your Billing Account or if you close the Billing Account and do not timely notify us of a new Billing Account. After cancellation, you must call the bank if you wish to re-establish the Services.
Service Fees - Use of the Online Banking bill--paying feature is FREE.
Stop Payment Fees - If you stop a payment online a fee of $20.00 per item will be assessed.
Copies - If you request a copy of a check used to process an Online bill payment, a fee of $2.00 per item will be assessed.
You may use this Image Service to view certain checks on-line (excluding payments made through the Bill Pay service) and account statements for certain eligible accounts. Please see Online Instructions for more detailed instructions and limitations on the availability of checks and statements for viewing via this Service.
You may use the online Check Search and Stop Payment Service to search for the status of checks you have written and place stop payments on checks that have not cleared. This Service excludes payments made via Bill Pay. You will be charged a stop payment fee under the terms of your eligible account agreement. Before placing your stop payment, verify the check(s) has (have) not cleared your account. You understand that the bank is unable to stop payment on checks and other items that have already been paid before the bank has received and had a reasonable time to act on a stop payment order. Please see the Online Instructions for more detailed instructions and limitations. Stop Payments will be in effect for 6 months. Refer to the Online Instructions for complete details on placing a Stop Payment on a check(s). A verification form may be required. The Bank cannot guarantee the ability to cancel or stop any payment.
You may export account information for use with your personal financial management software (e.g., Quicken® or Microsoft Money®) ("PFM Software") or other spreadsheet software (e.g., Microsoft Excel® or Lotus 1.2.3®) for up to 90 days of history. This service is limited to certain eligible accounts. PFM Software cannot be used to initiate bill payments under the Bill payment service.
In addition to receiving information about your eligible accounts through the Services, you will still be mailed periodic statements for your eligible account(s) with the regularity provided for the relevant account agreements (including any account disclosure statements which govern your deposit accounts with us). In addition to reflecting your other account activity, your statements will include any transfers or Bill Pay payments done through the Services.
External e-mail sent over the Internet is not a secure method to send messages to us. We have, therefore, provided secure e-mail forms after you have signed onto the Services with your User ID and the Password for you to communicate with us (internal e-mail). Only this internal e-mail should be used by you to communicate any matters to us about the Services. If any internal e-mail you send is received by us between 7:00 a.m. and 3:00 p.m. on any business day, we will review the internal e-mail that business day. If we receive the internal e-mail on any business day after 3:00 p.m. or on a Saturday, Sunday or federal holiday, we will review the internal e-mail on the next business day. Please note that we will not have to take any action based on any internal e-mail sent to us until we receive it and have a reasonable time to act on the electronic mail. In any event, we strongly recommend that you do not use internal e-mail to communicate URGENT information (for example, a report of a lost or stolen card or a report of an unauthorized transaction involving a deposit or credit account) or matters unrelated to the Services.
You authorize us or our agent to take, on your behalf, any action necessary to complete any transaction initiated through the Services. This authority includes, without limitation, the withdrawal of funds from any of your accounts or obtaining of a loan under any of your loan accounts effective as though you had signed a check or withdrawal form to make the withdrawal or signed a direct loan check to obtain the loan.
Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage whether direct, indirect, special or consequential, caused by the Service or the use thereof or arising in any way out of the installation, use or maintenance of the Financial Software, even if we have been advised of the possibility of such damages or losses. There is no guarantee that access to the Service will be available at all times and we shall not be liable if you are unable to access the Services. We are not responsible for any loss, damage, or injury resulting from an interruption in your electrical power or telephone; the disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality, the failure or unavailability of Internet access; problems with Internet Service Providers, any defect or malfunction of your PC, modem, or telephone line. We are not responsible for any services relating to your PC other than those specified in this Agreement.
JSB makes no warranty, express or implied, to you concerning the Service, the Financial Software, equipment, browser or other services including, but not limited to any warranty of merchantability or fitness for particular purpose or non-infringement of third-party rights, unless disclaiming such warranty is prohibited by law.
You can cancel the Services at any time by notifying us in writing or calling us. The cancellation will not take effect until we receive the notice and have a reasonable time to act on it. We may cancel all or any one of the Services (i) upon ten (10) business days notice to you, which notice may be by internal or external e-mail, US mail or posting on the Online Banking website, or (ii) without notice to you if you do not access or process any transactions for the Services for any three (3) month period, or (iii) without notice for security reasons. Further, we reserve the right to cancel the Bill Pay Service without notice if you do not schedule or process a payment for any three (3) month period. Once the cancellation by you or us takes effect, we will not complete any transaction initiated through the Services (for example, any order to transfer funds or any pending or recurring Bill Pay transaction). The cancellation by you or us will not affect any of your obligations under this Agreement.
Any notice we send you concerning this Agreement or the Services may be sent: to you (i) your external e-mail address you provided when you first enrolled in the Services; (ii) using internal e-mail; or (iii) at your current mailing address shown in our records. If your mailing or external e-mail address changes, you must promptly notify us in writing of the new address. Changes to your mailing address cannot be done via e-mail (external or internal e-mail).
This Agreement constitutes the complete and exclusive agreement related to the Service, and supplements the Software License Agreements, the Bank Services Agreement, and any other agreement or disclosure 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, only as to electronic fund transfers conducted by using the Service.
No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise or the exercise of any other right or remedy. No waiver shall be valid unless in writing and signed by us.
You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties.
This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia, without regard to its conflict of laws provisions and, to the extent required, under federal law.
We may amend this Agreement from time to time by giving you written or electronic notice. Notice may be included in your Account statement. The notice may state that there has been a change in this Agreement and that changes have been posted on our web site, or may instruct you to call to request a copy. Continued use of the Service following notice of amendment constitutes acceptance of any amendments to this Agreement.
If any provision of this Agreement is determined to be void or invalid, the remainder of this Agreement shall remain in full force and effect.
Our Business Days are Monday through Friday. Federal Reserve Holidays are not included.
You may use the Service to:
The number of transfers between your eligible Accounts may be subject to the limitations that apply to the maximum number of automatic or recurring withdrawals from certain types of accounts. Refer to your Bank Services Agreement for details.
If there are insufficient funds in an eligible account that is linked to an overdraft protection plan when you instruct us to initiate a payment transaction from that account, we will draw on the available credit under your overdraft protection plan to cover the transaction. However, if your overdraft protection plan is connected to a home equity line of credit, draws on your home equity overdraft protection plan to cover a shortfall may not be posted immediately and could be delayed for up to two (2) business days from the date of the overdraft.
Any fees for the service(s) are in addition to the fees applicable to eligible accounts under the correspondent account agreement. You need to specify an eligible deposit account from which fees will be paid (the “Billing Account”) and you authorize us to debit the Billing Account for fees and, if there are insufficient funds in the Billing Account or if the Billing Account has been closed, any other account you have with the bank. If you close your Billing Account, you must notify us and identify a new Billing Account. We may suspend or cancel your access to the Services at any time without prior notice due to insufficient funds in your Billing Account or if you close the Billing Account and do not timely notify us of a new Billing Account. After cancellation, you must call the bank if you wish to re-establish the Services.
Service Fees -Use of the Online Banking bill--paying feature is FREE.
Stop Payment Fees - If you stop a payment online a fee of $20.00 per item will be assessed.
Copies - If you request a copy of a check used to process an Online bill payment, a fee of $2.00 per item will be assessed.
Subject to applicable law, we will disclose information to third parties about you and your Accounts or the transfers you make: (i) where it is necessary for completing transfers; or (ii) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; or (iii) in order to comply with government agency or court orders; or if you give us permission; (iv) as stated in the JSB Privacy Policy; and (v) as otherwise required or permitted by law or government regulation.
Tell us at once if you believe your User ID and Password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account plus your maximum overdraft line of credit. If you believe your User ID and Password has been lost or stolen, and you tell us within two (2) Business Days after you learn of the loss or theft, you can lose no more than $50 if someone used your User ID and 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 User ID and Password, and we can prove that we could have stopped someone from using your User ID and Password without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you 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 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.
If a good reason, such as a long trip or a hospital stay, kept you from telling us, we will extend the time periods.
If you believe your User ID and Password has been lost or stolen, or that someone to whom you have granted authority to use your User ID and Password has exceeded such authority, or that someone has transferred or may transfer money from your Account(s) without your permission, call:
1-304-876-9000
Or write:
Jefferson Security Bank
Bookkeeping Department
P.O. Box 35
Shepherdstown, WV 25443
If we do not complete a transfer to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. This liability is in addition to the payment guarantee for bill payments. However, there are some exceptions. We will not be liable, for instance:
a. If, through no fault of ours, you do not have enough money in your Account to make the transfer or payment.
b. If the transfer or payment would go over the credit limit on your overdraft line.
c. The funds in your Account are subject to legal process or other encumbrance restricting such transfer.
d. If the Service, your PC, or modem is not working properly and you know about the malfunction when you started the transfer or payment.
e. A Payee mishandles or causes delays in handling payments sent by us.
f. You have not provided us with the correct Payee name, address, account information, or payment amount.
g. Circumstances beyond our control prevent the proper completion of the transaction despite reasonable precautions by us to avoid these circumstances. Such circumstances include, but are not limited to, fire, flood, delay in U.S. Mail, interruption in your electrical power or telephone, the disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality, or any defect or malfunction of your PC, operating software, modem, or telephone line.
h. If you have not properly followed the instructions for using the Service or the Financial Software.
In case of errors or questions about your Electronic Transfers telephone us at:
1-304-876-9000
Or write:
Jefferson Security Bank
Bookkeeping Department
P.O. Box 35
Shepherdstown, WV 25443
Contact the bank as soon as you can if you think your statement or information regarding a transaction is wrong or you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we sent the first statement on which the problem or error appeared. When contacting the bank regarding an error resolution, please be prepared to communicate the following information:
1. Your name and social security number or tax identification number.
2. 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.
3. 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 ten (10) Business Days. We will tell you the results of our investigation within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) Business Days for the amount you think is in error, so that you will have 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 ten (10) Business Days, we may not credit your Account.
If we decide that there was no error, we will send you a written explanation within three (3) Business Days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
JSB OnLine Banking provides you with the ability to send and receive electronic messages to and from us. Please remember that we will not immediately receive an electronic message sent by you. If you need to contact us immediately, please see the Error Resolution Notice Section of this Agreement. No action will be made on any electronic message you send to us until we actually receive your message and have a reasonable opportunity to act on it.
Electronic messaging CANNOT be used to notify us of lost or stolen User IDs or Passwords; nor can electronic messaging be used to notify us of unauthorized transactions. Notification of these occurrences must be done as specified in the Error Resolution Notice Section in this Agreement. From time to time, we may send important notices to you concerning your use of the Service by electronic messaging. The electronic messaging service may not be used to send or receive e-mail messages to or from the general public.