Personal Banking
THE BILTMORE BANK OF ARIZONA
Online Banking Access & Electronic Funds Transfer Disclosure
Effective Date: September 2006
Table of Contents
I.
Description of Agreement
A.
What this Agreement covers
B.
Accepting this Agreement
C.
Relation to Other Agreements
II.
Online Banking Services
A.
Online Banking
for Consumers and Businesses
B. Online
Bill Pay
III.
Description of Services
A.
Online Transfers
B.
Online Bill Payments
C. Processing
Online Bill Payments
D.
Limitations and Dollar amounts for Transfers and Payments
E. Canceling
Online Payments and Transfers
F.
E-bills
G.
Accounts Linked to Your Online Banking Services
IV.
Other Terms and Conditions
A.
Monthly Service Fee
B.
Other Charges
C.
Hours of Operation
D.
Business Days
E.
Participation By Payees
F. Canceling Your Online Banking Services
G.
Joint Accounts
H.
Changes to Agreement
I. Cancellation
J.
Use of External e-mail address
K.
Transfers from Money Market Accounts
L. Contact
by The Biltmore Bank of Arizona or Affiliated Parties
M. Reporting
Unauthorized Transactions
N. Initiating Online Bill Pay Research Inquiries
O. Disclosure of Account Information
P. Account
Statements
V.
Additional Provisions Applicable only to Consumer and Sole Proprietor
Accounts
A.
In Case of Errors or Questions about your Electronic Transactions
B.
Limitation of Bank's liability
VI.
Additional Provisions Applicable only to Business accounts (other than
Sole Proprietors)
A. Protecting
your Password
VII.
Security
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This agreement (the "Agreement")
between you and THE BILTMORE
BANK OF ARIZONA, an
Arizona banking corporation (the "Bank")
governs the use of Online Banking. These services
permit the Bank's customers to perform a number of banking
functions on accounts linked to
the service through the use of a personal computer.
When you use any of the Online Banking services described in this
Agreement, or authorize
others to use them, you agree to the terms and conditions of
the entire Agreement.
Your use of Online Banking services may also be affected by the
agreements between us for
any other linked accounts. When you link an account to Online
Banking services, you do not
modify the agreements that you already have entered into with
us for that account. For
example, when you use Online Banking services to access a
checking account, you do so
under the terms and conditions in the agreement and
disclosure regarding the checking
account. You should carefully review those agreements for any
applicable fees, for limitations
on the number of transactions you can make, and for other
restrictions that might impact your
use of an account with Online Banking services.
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To use Online Banking you must have:
-
A
checking account with the Bank
-
An
Internet access device with service through an Internet service
provider
-
A
secure browser
-
A
unique User ID and password
You may use Online Banking to:
-
Access
information on all of your accounts with the Bank.
-
Transfer funds between your checking, savings, or money market
deposit accounts with the Bank.
-
Perform online customer service account maintenance such as check
orders, request copies of statements or checks, change address,
e-mail, phone or your Password.
-
Send
us secure online mail messages and questions regarding your Online
Banking service.
If you choose to add Online Bill Pay, in addition to the Online Banking
services listed above,
you may also:
-
Make
one-time or recurring payments online from your Biltmore checking or
money market deposit account to companies or individuals ("Payees")
you select.
-
Use
the e-Bills feature to:
-
Receive bills from participating Payees
-
View payee bill summary and bill detail information
-
Receive e-bills
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Processing of Transfer Requests
-
Transfers can be made between your checking, savings or money
market deposit accounts with the Bank.
-
The completion of a transfer is subject to the availability of
sufficient funds at time of final processing. If you do not have
sufficient funds, you may incur an insufficient funds fee.
Please refer to the applicable account disclosure and fee
schedule for details.
-
Transfers you submit from a deposit account (checking, savings,
or money market deposit) are immediately reflected in your
balances for that account. Transfers entered before the cut-off
time of 4:30 pm (Mountain Standard Time - Arizona) on a bank
business day are
processed on that bank business day. Transfers
entered after the cut-off time or on a non-bank business day are
processed
on the next bank business day. All transfers from a deposit
account entered before 4:30 pm (Mountain Standard Time -
Arizona) are reflected on your statement with the calendar day
they were entered.
-
Cut-off Times for Crediting of Transfers
-
The crediting of funds depends on the type of account you are
transferring to and the daily cut-off time. Online Banking
transfers to deposit accounts are immediately reflected in the
account balance online and at ATMs. In order for transferred
funds to be available to pay items that are processed against
your account overnight (i.e. checks, direct debits), they must
be entered before the cut-off time of 4:30 pm (Mountain Standard
Time - Arizona). To avoid possible insufficient funds or
overdraft fees, please be sure to complete your transfers before
the cut-off time.
-
Online
Bill Payments
-
Payments can be entered as a one time or recurring transaction.
One time payments can be processed on the same day or scheduled
for a future date (up to one year in advance). Recurring
payments may be scheduled to repeat every week, every two weeks,
every four weeks, monthly, twice a month, every two months,
every three months, every six months, or yearly.
-
Payments can be scheduled from checking and money market deposit
accounts.
-
Cutoff
Times for Payments
-
Payments entered on our system before 4:30 pm (Mountain Standard
Time - Arizona) will be scheduled and processed on the same
business day. Payments scheduled for a weekend or a non-bank
business day will be processed on the prior bank business day.
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Scheduling Bill Payments
-
When you enter a payment, you enter the date that you want the
payment to be processed. The payment amount will be debited from
the account that you designate on the scheduled process date.
You should allow at least
five (5)
business days between the business date you schedule for the
payment to be initiated and the payment due date (this includes
payments to the Bank, its affiliates, or Payees with accounts
maintained at Bank). You must allow sufficient time for the
payee to receive the payment and process it before the actual
payment due date. If you do not, you will be fully responsible
for all late fees, finance charges, or other action taken by the
payee.
Funds must be available in your account on the scheduled payment
processing date. If the date your schedule for a payment to be
initiated falls on a non-business day (Saturday, Sunday, or
holiday observed by the Bank) funds must be available in, and
will be deducted from, the account you designate on the prior
business day. You can verify online that payments have been
processed or refer to your monthly account statement for payment
details.
-
Limitations and Dollar Amounts for Transfers and Payments
-
Transfers and Payments can be for any amount between $0.01 and
$99,999.99.
-
You authorize the Bank to withdraw the necessary funds from your
account on the date you schedule for the payment to be initiated
or submit a transfer request. You agree that you will instruct
us to make a withdrawal only when a sufficient balance is or
will be available in your accounts at the time of the
withdrawal. If you do not have a sufficient balance, we may
refuse to complete the transaction. In either case, we reserve
the right to impose a non-sufficient funds ("NSF")
fee, and no further attempt will be made by the bank to issue
the payment or process the transfer request. If your payment
exceeds the maximum amount stated above, it will not be
processed. The bank is under no obligation to notify you if it
does not complete a payment or transfer because there are
non-sufficient funds in your account to process the transaction.
In all cases you are responsible for making alternate payment
arrangements or rescheduling the payment through the service.
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You cannot cancel your transfer after it has been entered in Online
Banking and the
information has been transmitted to us. You can use Online
Banking to reverse a transaction
after it has been entered.
In order to cancel future dated payments, you must sign into Online
Banking and follow the
directions provided on the Bill Pay screens. The cancel
feature is found in the Payment
History
or Recurring Payments sections of Online Banking.
You may cancel or edit any Scheduled payment (including recurring
payment) by following the
directions within the Bill Pay screens. Scheduled payments
must be canceled prior to the 4:30
pm (Mountain Standard Time - Arizona) on the business day of
the Scheduled Payment.
If a payment's status is Processed
you can no longer cancel it. After you cancel a payment,
the status changes to
Canceled. Canceled payments remain in your payment history.
Note: Although the easiest, most convenient and least costly way to
cancel a transaction is
through the method described above, you may request to cancel
a future dated payment
scheduled through Online Bill Pay by calling us at (602)
992-5055 or writing us at:
THE BILTMORE BANK OF ARIZONA
Internet Banking
5055 N. 32nd Street
Phoenix, AZ 85018
We must receive your request three business days or more before the
transaction is
scheduled for processing. If you call, we may also require
you to put your request in writing
and get it to us within 14 days after you call. If you call
or write to cancel a payment that is
pending, you will be charged for a stop payment in accordance
with the agreement for the
appropriate account.
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E-Bills is a feature of the Online Bill Pay service that enables you to
receive bills electronically
from participating Payees. You must have the Online Bill Pay
service in order to receive e-Bills.
-
Approval of E-Bills
-
Participating Payees establish their own criteria for reviewing
requests to receive e-bills and have sole discretion to accept
or decline your request. We do not participate in this decision.
Participating Payees generally take up to five business days to
approve an e-bill set-up request.
-
Timely
Delivery of E-Bills
-
We
are not responsible if a Payee does not provide the necessary
data to forward an e-bill in a timely manner. If you do not
receive a bill, it is your responsibility to contact the Payee
directly. We are not responsible for any late charges or other
adverse consequences. Any questions regarding your bill details
should be directed to your Payee.
-
Stop
E-Bills
-
All parties have the right to cancel the service at any time. We
will notify you if the Bank or a Payee discontinues/stops
e-bills. If you request that an e-bill be discontinued, we
require 7 business days for the payee to receive and process the
request.
-
Privacy
-
When you establish e-bills with a participating Payee you will
provide certain information, which will be forwarded onto the
Payee to complete your enrollment. If you have concerns about
the future use of this information you should contact your Payee
directly.
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When you first register for Online Banking, we will link all of your
eligible accounts. If you want
to limit the accounts linked or the activity level assigned
to an account, please call us at (602)
992-5055 and a representative will discuss these options with
you.
-
Monthly Service Fee
-
Online Banking service - No charge
-
Online Banking with Bill Pay - Service fee is $5.95 per month
(which includes 10 online bill payments). If you go over 10
online bill payments, there is a service fee of $0.45 per online
bill payment.
-
For our business banking customers - for an additional fee a
comprehensive suite of Cash Management Services is also
available (all Cash Management fees (including the Online
Banking fee) will be added to the monthly Account analysis).
Please refer to the Online Banking Pricing Schedule for specific
fees.
-
The monthly service charges are assessed in arrears. If
applicable, we will automatically deduct your monthly service
charge from the account you designate, on the fifth business day
of each month for the previous month's use.
-
Other
Charges
-
The monthly service fee for Online Banking with the Bill Pay
service is in addition to the fees and charges that apply to all
of your linked accounts. You should note that depending on how
you access Online Banking, you might incur charges for:
-
Normal account fees and service fees
-
Any Internet service provider fees
-
Payments or transfers made through Online Banking services from
a savings or money market account may result in an excess
transaction fee. See your savings or money market account
disclosure for details.
-
Additionally, fees may be assessed for added self service
features available through Online Banking Customer Service Menu
such as stop payment requests, check or statement copy requests.
Please consult your deposit account agreements to see if your
accounts are subject to these fees.
-
A
non-sufficient funds (NSF) fee may also apply if you schedule
payments or transfers and your available balance is not
sufficient to process the transaction on the date scheduled.
-
We
may charge you a research fee for an inquiry about a transaction
that occurred more than 180 days before the date you make the
inquiry. This fee will be waived if we determine that an error
occurred.
-
Hours
of Operation
-
Online Banking services are available 365 days a year and 24
hours a day, except during scheduled system maintenance and
upgrades, as well as system unavailability outside our
reasonable control. When system maintenance or updates are
scheduled you will be notified either by e-mail and/or a message
will be displayed on-line when you sign on to Online Banking.
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For
Online Banking Services, our business days are Monday through
Friday, excluding holidays observed by the Bank.
To have a transfer processed on the same business day; we must
receive your instructions before the cutoff time referred to in
Section III, Paragraph B.
Payments entered on our system before 4:30 pm (Mountain Standard
Time - Arizona) will be scheduled and processed on the same business
day. For all entries made using the service, the time is recorded on
our computer controls. If you schedule a payment for a future date,
we process the transaction at the close of business on that date
only if such date is a business day. If the payment date you
schedule is not a business day (Saturday, Sunday, or Holiday), we
will process the transaction on the prior business day.
Occasionally a Payee may choose not to participate in Online Bill Pay,
or may require
additional information before accepting payments. We will
work with these Payees to
encourage them to accept an electronic or check payment from
the bank. If we are
unsuccessful, or if we determine that the Payee cannot
process payments in a timely manner,
we may decline future payments to this Payee. In the unlikely
event that this occurs, we will
promptly send you a notice. Any obligations that you wish to
pay through Online Bill Pay must
be payable in U.S. dollars to a payee located in the United
States. We reserve the right to
restrict categories of payees to whom payments may be made
using the service.
You should not use the
Online Banking with Bill Pay to make:
-
Tax
payments
-
Court-ordered payments
-
Payments to settle securities transactions
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If you choose to cancel your Online Banking services, any unprocessed
payments will be
canceled. We recommend that you cancel any scheduled payments
prior to notifying us
that
you are discontinuing the service. The Bank will cancel any
scheduled payments within two
business days from the date we receive your request to
discontinue the service.
If you close your designated service fee checking account, or if it is
no longer linked to your
service, your Online Banking service will be closed, and any
unprocessed payments will be
canceled.
When your Online Banking service is linked to one or more joint
accounts, we may act on the
verbal, written or electronic instructions of any authorized
signer regarding your service. Joint
accounts using the same User ID will be identified as one
service. If joint account holders use
individual User IDs, the service will be identified as two
separate services and will be charged
as two services. Joint account holders wanting a single
service fee should continue to use one
User ID for joint account Online Banking services.
We may change this Agreement at any time. For example, we may add,
delete or amend the
terms and conditions of our services. We will notify you of
such changes by mail or electronic
message. If you maintain your Online Banking services after
the effective date of a modification
to the terms and conditions of this Agreement, you thereby
indicate your assent to the
modification.
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Your Online Banking services remain in effect until they are terminated
by you or the Bank.
You may cancel your service at any time by notifying us of
your intent to cancel in writing,
through Online Banking secure e-mail, or by calling Online
Banking Customer Service at (602)
992-5055. This cancellation applies to your Online Banking
services and does not terminate
your accounts with the Bank. We recommend that you cancel any
scheduled payments prior
to notifying us that you are discontinuing the service.
We may terminate your participation in Online Banking services for any
reason, at any time
(i.e. non-use), in our sole and absolute discretion. We will
try to notify you in advance, but we
are not obliged to do so.
With Online Banking Services, we may send you messages regarding
modification to this
Agreement or to notify you of responses to your payment
inquiries through your external e-mail
address. If you subscribe to e-Bills service, we may also use
external e-mail to notify you that
you have new e-bills. We cannot act on instructions sent by
you from an external e-mail
address. You should use Online Banking secure e-mail to send
instructions to us. If for any
reason your external e-mail address changes or becomes
disabled please contact the Bank
immediately so that we can continue to provide you with the
automated messages.
Federal regulations limit the number of preauthorized electronic Funds
Transfer and telephone
transfers - including Online Banking services transactions -
from money market deposit and
savings accounts. You are limited to six preauthorized
electronic Funds Transfer and
telephone transfers, checks and point-of-sale transactions
per statement cycle. Of these six
transactions, you are limited to only three transactions by
check or point-of-sale. Each transfer
or payment through Online Banking services from your money
market account is counted as
one of the six limited transfers that you are allowed each
statement period. We charge a fee
for each transaction in excess of this limit. Because of
these restrictions, we recommend that
you not use
a money market account as your Bill Pay account.
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No employee of the Bank, or its affiliates will contact you regarding
your Online Banking User
ID and/or password. If you are contacted by anyone requesting
this information, do not give it
to them.
Report any unauthorized transactions or suspicious activity:
Call us at: (602) 992-5055
E-mail us at:
customerservice@biltmorebankaz.com
Write us:
THE BILTMORE BANK OF ARIZONA
Online Banking Customer Service
5055 N. 32nd Street
Phoenix, AZ 85018
To initiate a payment inquiry, you may use Online Banking services to
send the request via
secure e-mail. Or you may contact Online Banking Customer
Service by calling
(602) 992-5055.
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We will disclose information to third parties about your account or your
transactions:
when it is necessary for completing transfers or bill
payments, or to investigate or resolve a
problem related to a transfer or payment;
-
To
verify the existence and condition of your account for a third
party, such as a credit bureau or merchant;
-
To
comply with a government agency or court orders or with the request
of a federal regulator;
-
If you
give us your permission;
-
At our
discretion, to our affiliates;
-
On a
closed account, if we reasonably believe you have mishandled it.
Click here for more information on our
Privacy Policy.
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We report your Online Banking transactions on your monthly statements
for your linked
accounts. A description of each transaction, including Payee,
the date and the amount of the
transaction will appear on your statement.
Send us a secure e-mail, call us at (602) 992-5055, or write us at:
THE
BILTMORE BANK OF ARIZONA
Online Banking Customer
Service
5055 N. 32nd Street
Phoenix, AZ 85018
Please notify the Bank immediately if:
-
Your
monthly account statement or transaction record appears to be
incorrect or contain an inaccuracy;
-
You
need more information about a transaction listed on the monthly
account statement;
-
An
unauthorized person has discovered your Online Banking password;
-
Someone has transferred or may transfer money from your account
without your permission; or
-
Bill
payment transactions have been made without your authorization.
We must hear from you no later than 60 days after we have sent the FIRST
statement on
which the problem or error appeared.
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If you tell us verbally, we may require you to send us your complaint or
question in writing or
via e-mail within 10 business days (Online Banking customers
may use secure online e-mail).
When you contact us, please provide the following
information:
-
Your
name and account number;
-
The
date and dollar amount of the transaction in question;
-
The
name of payee if the transaction in question is a payment;
-
The
transaction number assigned by Online Banking (if available); and
-
A
description of the transaction in question.
Please explain as clearly as you can why you believe there is an error
or why you need more
information.
We will tell you the results of our investigation within 10 business
days after we hear from you,
and we will promptly correct any error we have made. If we
need more time, however, we may
take up to 45 days to investigate your complaint or question.
In this case, we provisionally
credit your account within 10 business days for the amount
you think is in error, so that you
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 your letter in 10
business days, we reserve the right to not provisionally
credit your account.
If we conclude there was no error, we will send you a written
explanation within 3 business
days after we complete our investigation. You may request
copies of the documents that we
used in our investigation.
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Tell us at once if you believe your Online Banking password has been
compromised or if
someone has transferred or may transfer money from your
account without your permission.
The best way to minimize your loss is to call us IMMEDIATELY.
The unauthorized use of your
Online Banking services could cause you to lose all of the
money in your accounts.
You will have no liability for unauthorized transactions if you notify
us within 60 days after the
monthly account statement showing the transaction is mailed
to you. If you do not notify us
within 60 days of the monthly account statement regarding the
alleged unauthorized
transactions, you will not receive a credit for any
unauthorized transactions for which we are
not notified during the 60-day period if we can show that we
could have stopped the transaction
if you had notified us in time. If a good reason (such as a
long trip or hospital stay) kept you
from telling us, we may extend the time periods, in our sole
and absolute discretion.
When you give someone your Online Banking User ID and password, you are
authorizing that
person to use your service, and you are responsible for all
transactions the person performs
using your service. All transactions that person performs,
even those transactions you did not
intend or want performed, are authorized transactions. If you
notify us that the person is no
longer authorized, then transactions that person performs,
after the time you notify us, are
considered unauthorized.
Transactions that you or someone acting with you initiates with
fraudulent intent are also
authorized transactions.
For your protection, sign off after every Online Banking session and
close your browser to
ensure confidentiality.
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You agree that we may send notices and other communications including
password
confirmation, to the current address shown in our records,
whether or not that address includes
a designation for delivery to the attention of any particular
individual. YOU FURTHER AGREE
THAT THE BANK WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY IF
INFORMATION
IS INTERCEPTED BY AN UNAUTHORIZED PERSON, EITHER IN TRANSIT
OR AT YOUR
PLACE OF BUSINESS. You agree to: (1) keep your password
secure and strictly confidential,|
providing it only to authorized signers on your account(s);
(2) instruct each person to whom
you give your password that he or she is not to disclose it
to any unauthorized person; and (3)
immediately notify us and select a new password if you
believe yours may have become
known to
an unauthorized person.
THE BANK WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED PAYMENT OR
TRANSFER MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE
NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A
REASONABLE
OPPORTUNITY TO ACT ON THAT NOTICE.
We may suspend or cancel your password even without receiving such
notice from you, if we
suspect your password is being used in an unauthorized or
fraudulent manner.
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In order to ensure that your online transactions are private and secure,
we have taken the
following measures:
-
Password controlled system entry
-
Secure
Sockets Layer (SSL) protocol for data encryption and a router loaded
with a firewall to regulate the inflow and outflow of server traffic
-
Controlled access rights & privileges by user
-
Individual transaction and dollar limits by user
-
Dual
approval feature for certain functions
-
Inactivity timeout
-
System
audit log
-
Cache
Security
-
Auto
log-off
-
Failed
Log-on attempts lock-out feature
-
Controlled "aging" of passwords
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