VantageSouth Bank Online e-Banking Agreement and Initial Disclosure
Electronic Disclosure and Consent - To the extent that you have given your e-sign consent, you agree to receive the VantageSouth Bank Agreement for Online Banking electronically. You also agree to receive all changes and updates to the Agreement and all disclosures, notices and other communications regarding the Services (as defined below) electronically. You are deemed to have received any electronic communication provided to you when they are made available to you. You can request free paper copies of any of these documents by sending an e-mail to email@example.com.
After you have enrolled and verified your enrollment using e-sign consent, you can withdraw your consent to future electronic receipt of documents by sending an e-mail to firstname.lastname@example.org. However, withdrawing your consent means you will no longer be able to access the Service.
In order for you to access and retain disclosures electronically in connection with this Service, your system must meet our minimum requirements as provided in the Online Banking Security and Browser Requirements section.
Applicability - This Agreement and Initial Disclosures (the "Agreement") applies to various online banking, bill payment, e-statement, electronic messaging, external transfer and mobile banking and alerts services ("Service(s)"). (Some services may not be currently available) "You" and "your" means the person enrolling in the Service and thereby agreeing to the Agreement, both on your behalf and, if applicable, on behalf of your business as its authorized representative. "Us," "we," and "our" means VantageSouth Bank. When you use, or you permit any other person(s) to use, any part of this Service, you agree to the terms and conditions of the Agreement.
Eligible Accounts - To use the Services, you must have an eligible account. Eligible accounts for online banking are VantageSouth Bank checking accounts, savings accounts, money market accounts, CDs and IRAs, as well as consumer loan accounts, and certain business loan accounts. Eligible accounts for bill payment are VantageSouth Bank checking accounts only. Eligible VantageSouth Bank accounts for external transfers are VantageSouth Bank checking accounts, savings accounts and money market accounts. Some (but not all) types of accounts that have multiple authorized signers for withdrawals can be eligible accounts.
An eligible account can include an account held by a small business, even if the business has its own Federal Employer Identification Number, but only if the business meets our requirements for eligibility. Visit a VantageSouth Bank branch to determine if your business is eligible, or if it needs to establish its own online banking account using our Online Banking for businesses.
Deposit and loan accounts that have a common signer for withdrawals or a common borrower may be linked for access purposes. If your business is eligible to be included in the Service, the business accounts can also be linked with your personal accounts for access purposes. BE AWARE THAT ANY SIGNER ON AN ACCOUNT, ACTING ALONE, WILL BE AUTHORIZED TO ACCESS A LINKED ACCOUNT.
ALSO, AS DISCUSSED IN “YOUR LIABILITY AND RESPONSIBILITES” SECTION, YOUR ABILITY TO ACCESS ACCOUNTS ONLINE, INCLUDING CERTAIN PERSONAL ACCOUNTS THAT HAVE BEEN LINKED TO ELIGIBLE BUSINESS ACCOUNTS, MAY BE TERMINATED IF WE ARE PRESENTED WITH, AND IN GOOD FAITH RELY ON, RESOLUTIONS OR ANY OTHER DOCUMENTATION PURPORTING TO REMOVE YOU AS A SIGNER OR AUTHORIZED USER FROM ANY ELIGIBLE BUSINESS ACCOUNT.
Online Banking Services:
1. Funds Transfers. You may use online banking to perform unlimited transfers between eligible accounts. You may perform no more than 6 transfers per month from any savings or money market account. You may make funds transfers between eligible VantageSouth Bank accounts (excluding credit card accounts) by 10:00 p.m. EST on a Business Day.
2. Balance Inquiries. You may use online banking to check the current balance and other account information on all of your deposit accounts and most loan accounts.
3. Account Services. You may use online banking to view copies of checks and deposit account statements, place stop payments on checks, download your account information to personal management software and set up account alerts (e.g., to be notified if an account reaches a certain balance).
Authorization for Service -With regard to all Services, you are responsible for having sufficient and available funds on deposit to make payments in full or transfers on scheduled dates. In our sole discretion, we may refuse to process any transaction that exceeds any limitation set forth in the Agreement. We may deduct payments or transfers from your designated account in connection with any Services, even if such deduction creates an overdraft. You are liable for all overdraft fees.
1. Make Payments. "Make Payments" are payments that you enter each time you want to make a payment. You schedule the date that you want the Bank to send the payment(s) ("Payment Date"). The Payment Date is the date that the Bank processes your payment, but it is not necessarily the date that your payment is processed by the payee. Please refer to the processing times set forth in this Section for more information.
2. Automatic Payments. "Automatic Payments" are sent automatically on an ongoing basis. You set up payment rules based on the frequency, amount, and timing of a payment; however, the amount of an Automatic Payment is fixed and will not fluctuate unless you manually change the amount.
3. Processing Time. You may add, delete or edit a Manual Payment up to 4:00 p.m. EST on the Payment Date. An Automatic Payment may be added, deleted or edited by 4:00 p.m. EST at least 1 Business Day prior to the Send On date. (Remember: modification of an Automatic Payment instruction will affect all future payments associated with that payment.) The Payment Date is not necessarily the date that your payment will be processed. To ensure on-time payments, allow at least 2 Business Days for electronic and 4 Business Days for standard check payments.
4. Limitations. No single transaction shall exceed $10,000.00. The total amount of all bill payments in any 1 Business Day shall not exceed $20,000.00. You may not use bill payment services to (a) pay taxes directly to governmental agencies or to make other payments directly to governmental agencies, (b) pay court-directed alimony or support, or (c) make payments to persons outside of the United States or U.S. territory. Any user of this Service shall comply with all applicable laws and regulations including the laws and regulations administered by the U.S. Treasury Office of Foreign Assets Control (OFAC). We reserve the right to refuse to process any bill payment we reasonably believe violates applicable law, or we believe is made in connection with any unlawful transaction or activity, including without limitation, gaming, gambling, lottery, or similar activities. We will notify you if we do not process a bill payment.
Authorization for Service - You authorize us to follow your payment instructions. For any bill payments, we will deduct your payment(s) from your checking account on the Send On Date or 1 Business Day after the Send On Date. For Automatic Payments, we will deduct your payment from your account on the start date ("Start Date") or 1 Business Day after the Start Date. We will deduct subsequent payments from your account using the Start Date as a reference point. We will initiate payments to payees designated by you ("Payees"). To ensure on-time payments, allow at least 2 Business Days for electronic and 4 Business Days for standard check payments. If a Payee does not accept electronic payments, you authorize us to make payment by check. You authorize us to make payments by electronic, paper or other means that we determine is appropriate.
e-Statement Procedures -You must enroll each of your account(s) for which you want to access e- Statements. To enroll your account(s) for e-Statement access, simply log in to VantageSouth Bank's Online Banking; go to "Customer Service” tab and “Change Statement Delivery Method” link. Select the accounts that you want Delivery Method of Online. Read the statement service agreement and disclosure, check the box indicating you have read and agree with the disclosure and click on the Submit button.Your e-Statement for your next statement cycle should be available for viewing the business day after your statement date.
Requesting to Cancel Online Statements - Should you wish to receive paper statements and cancel your request to receive e-Statements for a particular account, please log in to VantageSouth Bank’s Online Banking service, and go to the same steps as outlined in the above Procedures. Select the accounts that you want Delivery Method of Paper and click on the Submit button. On your next cycle cut you will receive your statement in the mail. A free paper copy of your statement can be obtained at any time by contacting VantageSouth Bank c/o e-Banking, P.O. Box 5809, Cary, NC 27512-5809.
Change of Mailing Address, Email Address, and Other Information - You agree to notify us immediately of any change in your mailing address, email address or other particulars relevant to this Agreement. To notify us of your email address change, please log in to VantageSouth Bank's Online Banking service, go to "User Options", select "E-mail Address", and enter your new email address in the "Email Address" field. Please note that you must provide us with an email address in order to use the e-Statement service.
Joint Accounts - If your VantageSouth Bank account is owned jointly with another person, either one of you may consent to receive electronic disclosures and e-Statements and that person’s election to access e-Statements shall apply to both of you. VantageSouth Bank will automatically turn off the paper statement for that account after the first e-Statement has been made available unless you request to continue to receive your paper statements in addition to your e-Statements (please refer to Requesting to Receive or Cancel Paper Statements in Addition to e-Statements).
Security - You agree that VantageSouth Bank shall not be held liable if you are unable to gain access to the website or VantageSouth Bank system from time to time. You understand that some or all of the e-Statement services and/or other VantageSouth Bank system services may not be available at certain times due to maintenance and/or computer, communication, electrical or network failure or any other causes beyond VantageSouth Banks control. You understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your e-Statement for each of your VantageSouth Bank accounts as soon as you can access it.
Your Right to Withdraw Consent - You have the right to withdraw your consent to have your statements provided in an electronic form by going to the "Customer Service" screen and changing the delivery method selection. We will then discontinue e-Statement service for that account and you will receive paper statements for subsequent statement periods. Once this is done, previous e-statements will no longer be available.
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. 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 Unauthorized Transactions 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 email messages to or from the general public.
Some services were not available as of the date of this Agreement.
1. External Transfers. External transfers permit you to electronically transfer money between accounts at VantageSouth Bank and at other financial institutions that are located in the United States and have valid ABA routing numbers ("Approved Financial Institutions"). You may use external transfers only to make transfers to and from your eligible VantageSouth Bank accounts and any checking, savings or money market accounts at Approved Financial Institutions, from which accounts you must be authorized to make withdrawals and for which accounts you have verified your ownership ("Verified Account"). When you transfer funds from a Verified Account at an Approved Financial Institution to your eligible account at VantageSouth Bank, the funds will not be available for your use or withdrawal until 3 Business Days after the transfer is deposited in your eligible VantageSouth Bank account, even if such transfer is reflected in your current balance. You will incur a fee for transferring funds from your eligible VantageSouth Bank account to a Verified Account at an Approved Financial Institution.
2. Processing Time. VantageSouth Bank will begin processing a transfer request on the same day as the request only if VantageSouth Bank receives the request prior to 7:00 p.m. EST. If you schedule an external transfer, you may delete or edit the transfer request until 7:00 p.m. EST on the scheduled Transfer On date or Start Date.
3. Limitations. You may only make transfers to or from your eligible VantageSouth Bank account and Verified Accounts at Approved Financial Institutions. You agree to not transfer funds to or from an eligible VantageSouth Bank account and a Verified Account at an Approved Financial Institution unless you have authority to do so. You may use external transfers to perform unlimited transfers between eligible accounts; provided, however, that you may not perform more than 6 transfers per month from any savings or money market account. In any 1 Business Day, the total aggregate amount of all transfers to Verified Accounts from eligible VantageSouth Bank accounts shall not exceed $5,000.00. In any 1 Business Day, the total aggregate amount of transfers from Verified Accounts to eligible VantageSouth Bank accounts shall not exceed $5,000.00.
Authorization for Service - You authorize us to follow your transfer instructions and to make external transfers through electronic means or any other means that we determine is appropriate.
1. Transfers to your eligible VantageSouth Bank account from your Verified Account at an Approved Financial Institution:
- For a One-Time Transfer, we will deduct the funds from your Verified Account at an Approved Financial Institution on the date that you schedule the transfer to be sent ("Transfer On" date) or within 2 Business Days thereafter.
- For a Recurring Transfer, we will deduct the funds from your Verified Account at an Approved Financial Institution on the start date ("Start Date") or within 2 Business Days thereafter; we will continue to deduct funds from this Verified Account for subsequent transfers, using the Start Date as a reference point.
- Funds Availability: When you transfer funds from a Verified Account at an Approved Financial Institution to your eligible VantageSouth Bank account, the funds will not be available for your use or withdrawal until 3 Business Days after the transfer is deposited in your eligible VantageSouth Bank account, even if such transfer is reflected in your current balance.
2. Transfers from your eligible VantageSouth Bank account to your Verified Account at an Approved Financial Institution:
- For a One-Time Transfer, we will deduct the funds from your eligible VantageSouth Bank account on the Transfer On date or within 2 Business Days thereafter.
- For a Recurring Transfer, we will deduct the funds from your eligible VantageSouth Bank account on the Start Date or within 2 Business Days thereafter; we will continue to deduct funds from this eligible VantageSouth Bank account for subsequent transfers, using the Start Date as a reference point.
- Funds Availability: Once funds are transferred from your eligible VantageSouth Bank account to a Verified Account at an Approved Financial Institution, the availability of such funds will be at the sole discretion of the Approved Financial Institution.
Mobile Banking and Alerts Services:
Mobile Banking Service - The Mobile Banking Service allows you to perform various functions, including viewing Account balances and transaction information, bill payments and transferring funds.
Alerts Service - The Alerts service allows you to receive various types of alerts concerning the Accounts that you select via email and/or text message to your wireless device.
Equipment Requirements - You must have email access and/or mobile text messaging capability. Expanded functionalities are available to users with web-enabled wireless devices, or through third-party software which may be downloaded to compatible wireless devices or which is pre-loaded on certain devices available through select wireless providers. You are solely responsible for your choice of equipment, wireless carriers, internet or email service providers, web browsers, voice/data plans, etc., and for resolving any issues concerning operation, performance, availability, costs, etc., relating to any of the foregoing with the appropriate provider.
Fees – You may incur a fee for using Alerts or Mobile Banking. Normal Account fees continue to apply. Your wireless or internet service provider may charge additional fees.
Security - We do not "store" confidential or sensitive information such as User IDs, Passwords or Account numbers on your wireless device in connection with the Services. You should safeguard your wireless device, as well as your User ID and Password, against loss or theft. You should delete any alerts or other text messages sent or received in connection with either Service. We have no responsibility or liability to you or any other person in connection with any such messages you choose to save on your wireless device. If your device is lost or stolen, report it immediately to your wireless provider. Except as provided in the Agreement, we have no responsibility or liability if someone else learns your User ID and Password and uses it to access the Service. Please see the Agreement for important information about your rights and responsibilities in connection with consumer fund transfers, including instructions for reporting suspected errors, unauthorized transfers or the loss or theft of your User ID and Password.
Changes in Service/Service Unavailability - We may add, modify or discontinue any Service at any time, including placing or changing restrictions/limits on the types or amounts of transfers or payments, or changing the terms and conditions governing either Service. We will provide notice to you of any change or termination of either Service. We may also temporarily suspend your use of either Service at any time for security reasons or any other reason in our discretion. We have no responsibility or liability for Service unavailability, interruptions or delays due to any cause.
Provisions Applicable to Alerts - You are responsible for providing accurate contact information to receive Alerts. The information in any Alert may be subject to certain lag times or delays in transmission, and we make no representation concerning either the currency or accuracy of any Alert. Alerts are provided as a convenience only, and should never be considered as an official bank record or as a substitute for the information contained in your periodic statements.
Licensing Terms for Users of Third-Party Software - If you access the VantageSouth Bank Mobile Banking service ("Service") through software downloaded to or pre-loaded on your wireless device ("Software"), you agree to the following licensing terms ("Terms"):
VantageSouth Bank and the third-party software providers reserve all rights to the copyrighted software not expressly granted herein. Neither the software licensor nor the wireless network provider is responsible for any of the materials, information, and financial products or services made available to you via the Software.
An "unauthorized transaction" is an online banking transfer, bill payment or external transfer that does not benefit you and is made by a person who does not have actual authority to make such payment or transfer. A transaction by a joint account holder or other person with an interest in your account is not an unauthorized transaction.
We may require you to change your User IDs or Passwords periodically. Contact us immediately if you believe someone has obtained your User IDs or Passwords or if someone has transferred or may transfer money from your accounts without your permission. Contact us at email@example.com. Alternatively you may write us at: VantageSouth Bank c/o e-Banking, P.O. Box 5809, Cary, NC 27512-5809. Quickly telephoning one of our branches is the best way of reducing your possible losses. Not all email may arrive at their destinations. We will send email back to you as confirmation that we did receive it. Because the Internet is not secure from being read by just anyone, do not include any of your account or social security numbers with your email. Please include a brief message describing the situation. If your monthly statement contains transactions that you did not make, notify us at once. (See Error Resolution Notice section)
YOUR LIABILITY AND RESPONSIBILITIES:
Upon termination of any Service, you will be responsible for making arrangements to pay any future, recurring or automatic payments. We reserve the right to refuse to pay a Payee or Participating Biller or to transfer funds for any reason that we deem sufficient, including, without limitation, if (a) your designated account has insufficient available funds, (b) a Payee or Participating Biller has refused to accept a payment, (c) you attempt to make a payment directly to a governmental agency or to a Payee or Participating Biller outside of the United States or a U.S. territory, (d) you attempt to make a court-directed alimony or support payment, or (e) you are making payments to a Payee or Participating Biller, the underlying purpose of which violates any state or federal law.
Except where expressly stated otherwise, you are solely responsible and liable for paying your bills and for making alternative arrangements of receiving or paying your bills if for any reason you cannot access Services on the VantageSouth Bank Online Banking Web site or Services are terminated by you or us. You will contact a Payee or Participating Biller if you do not receive a bill. You will contact a Payee or Participating Biller if a bill is inaccurate or incomplete. You will contact a Payee or Participating Biller if there are any updates or changes to your personal information, including, but not limited to, name, address, e-mail address, username or password.
You assume full responsibility for all transfers of funds made by us to or from a business account in accordance with this Agreement and at your request or at the request of anyone who purports to be you or uses your User IDs or Passwords. You hereby agree to the security procedure attached hereto and acknowledge that such security procedure is a commercially reasonable method of providing security against unauthorized payment instruction. You will be bound by any payment or transfer instruction that we accept in good faith, if we complied with the applicable security procedure or if you did not comply with it. Except for a breach of security in our internal systems, and except in a case where you comply with the applicable security procedure and either we do not so comply or we do not act in good faith, we shall have no responsibility for, and you assume full responsibility for, any transfer of funds resulting from a breach of security regardless of the source or cause thereof. Although we are liable for a breach of security in our own internal system, you are solely responsible and liable for a breach of security occurring on or in connection with a computer or computer network owned, controlled or used by you or your employees, contractors, service providers or agents, by whatsoever means.
Your removal from an eligible business account. If you are a signer or an authorized user on an eligible business account we may, in good faith, rely on resolutions or any other documentation presented to us which purports to remove you as a signer or authorized user on such business account. If you are removed, your online access to such accounts will be terminated. In the event you have linked your personal accounts to such business accounts, your ability to view your personal accounts and statements online may also be terminated. In the event you are removed as a signer from a business account to which you have previously linked personal accounts, you should contact us immediately at firstname.lastname@example.org. We will help you create a new online banking profile that will allow you to regain online access to your personal accounts.
ERROR RESOLUTION NOTICE:
In case of errors or questions about your Electronic Transfers call your local office. Contact us 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 us regarding an error resolution, please be prepared to communicate the following information:
- Your name and account number.
- 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.
- 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. You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your account, we cannot report you as delinquent or take any action to collect the amount you question.
BANK'S LIMITATION OF LIABILITY:
The date that a Payee, Participating Biller or financial institution credits a payment or external transfer depends upon the payment or external transfer processing procedures of that Payee, Participating Biller or financial institution as well as any specific requirements for payments or external transfers and delays in receiving payments or external transfers. We will use good faith efforts to complete all of your payments and external transfers properly. However, except as provided in the next paragraph, we will incur no liability whatsoever if we are unable to complete any payment or transfer properly because of any one of the following circumstances:
a. Your designated account does not contain sufficient available funds to complete the payment or transfer, or the payment or transfer would exceed the credit limit of your designated account's overdraft;
b. You have exceeded or will exceed your daily transaction limit for a particular Service, in which case we have the right to process payments or transfers in any order that we determine in our sole discretion is appropriate;
c. Your failure to follow a Payee's or Participating Biller's payment requirements;
d. Your failure to schedule a proper date for payment sufficiently in advance of the date that a payment is due;
e. Your failure to transfer funds from an Approved Financial Institution to an eligible VantageSouth Bank account sufficiently in advance of the date that you need to use or withdraw the funds (including consideration for weekends, bank holidays, and the unavailability of funds for use or withdrawal until 3 Business Days after being deposited into an eligible VantageSouth Bank account);
f. The Services, our equipment, the software, or communications link is not working properly;
g. The Payee or Participating Biller mishandles, delays posting a payment, or refuses or is unable to accept a payment;
h. The Participating Biller fails to deliver your billing statement to us;
i. You have not provided us with the correct name(s), address or account information for Payees or Participating Billers;
j. You fail to provide Payees, Participating Billers or us with your updated or changed personal information, including, but not limited to, your name, address, phone number, e-mail address, username and password;
k. Your subscription to any Services has been terminated for any reason;
l. For circumstances beyond our control, including, but not limited to, fire, flood or interference from an outside force, prevent the proper execution of the transaction;
m. The transfer of your funds is restricted by legal process or holds;
n. Delays in any mail service or e-mail service; or
o. Any other exceptions stated in this Agreement or related agreements or Rules for
Deposit Accounts and Funds Availability Policies.
If you follow all of the procedures described in this Agreement as well as on any online help screens, and if we, solely as the direct result of our error, misdirect or fail to timely send a properly authorized and properly set up payment or transfer, then we will reimburse you for any late charge penalty assessed by a Payee, Participating Biller or financial institution because your payment or transfer was received late. If, solely as a direct result of our error, we incorrectly execute the amount of your payment or transfer request, then we will credit or debit your account, whichever may be applicable, with the difference between the actual amount that we debited and the proper amount that should have been debited. If, solely as a direct result of our error, we send a payment or transfer to an incorrect person, then we will return the improperly transferred funds to your account and subsequently pay or transfer the funds from your account to the proper Payee, Participating Biller or financial institution. In all other events, the risk of incurring and the responsibility for paying any and all late charges or other damages or penalties shall be borne exclusively by you. If you think you are entitled to a reimbursement for a late charge penalty, email us at email@example.com.
OUR RESPONSIBILITIES ABOVE FOR LATE CHARGES AND INCORRECT OR MISDIRECTED PAYMENTS OR TRANSFERS SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) CAUSED BY THE SERVICES OR THE USE OF THE SERVICES, OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF YOUR PERSONAL COMPUTER, SOFTWARE, OR ANY INTERNET ACCESS SERVICES.
THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS." WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You are responsible for obtaining, installing, maintaining and operating all necessary hardware, software, and Internet access services necessary to use the Services. We will not be responsible for failures from the malfunction or failure of your hardware, software or any Internet access services. We require your browser to be, at a minimum, 128-bit encryption enabled. Your access to the Services may be limited in whole or in part by your method of accessing the Services as well as by your hardware and software.
Software and Equipment Requirements - You may access the Service using Online Banking and/or the Personal Financial Management Software. If you choose to use Personal Financial Management Software, you must purchase this software from the software manufacturer, or a retailer of your choice. Your use of the Personal Financial Management Software is governed by the Software License Agreements included with each software application. You must agree to the terms and conditions of the Software License Agreements during the installation of the Personal Financial Management Software on your PC. You are responsible for the correct set-up and installation of the Personal Financial Management Software. Personal Financial Management Software means the version of the following software through which you may access the Service: QuickBooks®, Quicken®, and Microsoft® Money.
Online Banking Security and Browser Requirements:
Keeping your customer information confidential and secure is an important part of our responsibility to you and we take this responsibility seriously. We are an industry leader in the design and application of advanced banking, investment and online technologies. Our online services contain built-in encryption security, password controlled access and administrative functionality. This means you can rely on the convenience of the Internet, and on the confidence that comes with banking with an experienced and trusted financial institution.
A personal computer, operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying and either printing or storing disclosures you receive from us electronically via a plain text formatted e-mail or by access to our Web site using one of the specified browsers are required. Sufficient storage capacity on your computer’s hard drive or other data storage unit is also required.
An active e-mail account with an Internet service provider, and the appropriate software is required for you to receive disclosures, notices and other communication regarding this service, electronically.
We recommend you use the most current version of your preferred browser when banking online. We've outlined the minimum browser requirements below. In order to provide you with the most secure online banking environment, your browser must be 128-bit encryption enabled.
Microsoft Internet Explorer®
Mac OS X 10.7
Mac OS X 10.8
Note: Effective April 8, 2014, Microsoft will end support of Windows XP.
ACCESS USER IDs or PASSWORD AND SECURITY:
To help enhance your security, you must follow these general safety guidelines:
- Never leave your computer or other access device (e.g., mobile phone) unattended while logged on to any Service.
- Memorize your User ID and Password.
- Change your User ID and Password regularly.
- Choose User ID and Password that are not easy to guess. Your password must be 10-32 characters and contain at least 1 numeric and 1 alpha. Special characters are allowed, but not required. These special characters are not allowed < > \ , | ) . Passwords cannot begin or end with a space. Do not use names of family members, pets, common character sequences, proper names, geographic locations, personal details such as a Social Security number or birthday, etc. Words in a dictionary, derivatives of user IDs and common character sequence such as "12345678" should not be employed.
- User will be locked out of the system after 3 consecutive failed password attempts or invalid answers to Confirmation Questions in Secure Sign On. User will remain locked out until VantageSouth Bank resets it.
- Failed password counter will be cleared after a successful login.
- Never disclose your User ID and Password to any other person. Your User ID and Password are for your personal use and should be kept confidential by you. If someone identifies himself as a VantageSouth Bank employee and asks for your User ID and Password, that person is an imposter.
- Do not save passwords on your computer or any other access device (e.g., mobile phone)
- Check your statements and review your banking transactions promptly, thoroughly and regularly. Report errors or problems immediately to VantageSouth Bank.
- Should you receive a suspicious e-mail or telephone request for information that purports to be from VantageSouth Bank, you must immediately notify your banker or email at firstname.lastname@example.org.
If applicable to you and your account, you agree to pay the fees for the Services in accordance with our Schedule of Fees and disclosures as established and amended by us from time to time. You may incur a fee for each external transfer from an eligible VantageSouth Bank account to a Verified Account at an Approved Financial Institution. We may automatically deduct these fees from an eligible account even if they create an overdraft, and we may assess the appropriate overdraft fees.
Depending on your plan with your Internet provider or mobile phone carrier, you might incur access and/or data transmission fees for using the Services. Check with your Internet provider or mobile phone carrier for more information on applicable fees.
See attached Schedule A for consumer fees and Schedule B for Commercial fees, attached hereto and incorporated herein by reference.
We reserve the right to determine whether you are using the Service as a consumer or as a business or both, and to adjust your monthly fees accordingly. Monthly fees may be changed with advance notice. In addition, stop payment fees and other service charges may apply. For example, there may be additional fees charged against your Accounts if a transaction you initiate using the Service causes any of your Accounts to be overdrawn, exceed the maximum permissible number of transactions for the Accounts, or exceed any other qualifiers for the Accounts. Refer to the Your Deposit Account Terms and Conditions, the associated Schedule of Fees, and any other applicable account agreements, as amended from time to time, for these fees.
CHANGES; AMENDMENTS; REVISIONS:
We reserve the right, at our discretion, to add, delete, change, modify, alter, or discontinue the Services or any aspect, feature, or function of the Services at any time, including content, hours, and equipment needed for access or use ("Change(s)"). We also reserve the right, at our discretion, to add, delete, change, modify, or amend any fees, help screens or other terms and conditions of this Agreement at any time (also called, "Change(s)"). Unless an immediate Change is necessary to ensure the security of the Services or your accounts, we will send you notice to the mail address or e-mail address we currently possess in our file at least 21 days before the effective date of any Changes if required by law. If provided electronically, disclosures will be provided to you in one of several ways. These are as follows: (a) by online banking message, (b) by e-mail at the e-mail address we have on record, (c) by access to a Web site that we will identify in an e-mail notice we send to you at the time the information is available, or (d) to the extent permissible by law, by access to a Web site that generally we will identify in advance for such purpose.
If you consented by e-sign to receive changes electronically, then you may need to use certain hardware or software to receive such Changes to the Agreement electronically. From time to time, we will provide you with information electronically about the hardware and software necessary to access or retain Changes to the Agreement. You will also need the ability to print or download the information if you wish to retain copies for your files. To withdraw your consent to receive any future Changes to this Agreement electronically or to request a paper copy of the changes to this Agreement, simply email us at email@example.com. Any use of the Service after we send you a notice of Change will constitute your agreement to such Change(s).
TERMINATION OR DISCONTINUATION:
In the event that you wish to discontinue any or all of these Services, you must contact us in writing. Written notice of service discontinuance must be supplied 10 Business Days prior to the actual discontinuance date and must be sent to:
VantageSouth Bank c/o e-Banking
P.O. Box 5809
Cary, NC 27512
We reserve the right to suspend, revoke or terminate your use of the Services in whole or in part at any time. Suspension, revocation, termination or discontinuation will not reduce your liability or obligations under this Agreement.
Since service cancellation requests take up to 10 Business Days to process, you should cancel all outstanding payment or transfer orders in addition to notifying us of your desire to terminate the Service. We will not be liable for payments or transfers not cancelled or payments or transfers made due to the lack of proper notification by you of service termination or discontinuance for any reason.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES:
BUSINESS DAYS/HOURS OF OPERATIONS:
Business Days are Monday through Friday, except federal holidays. We may require that all transactions be performed on a Business Day. If a payment or transfer is not initiated in accordance with the Processing Times for each Service, VantageSouth Bank will not begin processing the payment or transfer until the following Business Day.
a. Your monthly account statement will contain information about any bill payment transactions or funds transfers completed during the statement period.
b. In the event of a dispute regarding the Services, you and we agree to resolve the dispute by looking to the terms and conditions contained in this Agreement and the Your Deposit Account Terms and Conditions and not to representations made by our employees or agents.
c. You agree that anyone with an ownership interest in your accounts, including joint accounts, may access those accounts.
d. You represent and warrant that you are at least 18 years of age.
e. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such a right or provision unless acknowledged and agreed to by us in writing.
Governing Law - This Agreement shall be governed by and construed in accordance with the laws of North Carolina, without regard to that state's conflict of laws provisions.
Severability - 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.