Gulfside Bank Online Banking Agreement
This Gulfside Bank (herein "Gulfside Bank") Online Banking Agreement is subject to applicable federal laws and the laws of the State of Florida. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and Gulfside Bank's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement constitutes the entire agreement between you and Gulfside Bank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein. DEFINITIONS - As used in this Agreement, the words "we", "our", or "us" refer to Gulfside Bank, which offers the Services provided under this Agreement and holds the accounts assessed by the Services. "You" and "your" refer to the accountholder authorized by Gulfside Bank to use Gulfside Bank Online Banking under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder's funds through Gulfside Online Banking. 'Account" or "accounts" means your accounts at Gulfside Bank "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your Gulfside Bank accounts using Gulfside Bank Online Banking including bill payments. "Gulfside Bank Online Banking" means the services provided pursuant to this Agreement, including Online Bill Pay. "Business days" means Monday through Friday; Federal holidays are not included.
ACCESS TO USE GULFSIDE BANK ONLINE BANKING - You must have at least one eligible account at Gulfside Bank, access to Online service, and an e-mail address. Once we have processed your request for Gulfside Bank Online Banking, and verified your account information, we will give you, your assigned log-in ID and temporary password. Gulfside Bank Online Banking can be used to access only the Gulfside Bank accounts which you have designated for access by Gulfside Bank Online Banking. You Can add or delete any of your Gulfside Bank deposit accounts from this Agreement. We undertake no obligation to monitor transactions through Gulfside Bank Online Banking to determine that they are made on behalf of the accountholder.
GULFSIDE BANK ONLINE BANKING SERVICES - You can use Gulfside Bank Online Banking to check the balance of your Gulfside Bank accounts, view Gulfside Bank account histories, transfer funds between your Gulfside Bank accounts, view checks, and download information about your accounts to financial money management software. You may also pay bills from your Gulfside Bank accounts in the amounts and on the dates you specify if you have requested the Gulfside Bank Bill Pay service.
HOURS OF ACCESS - You can use Gulfside Bank Online Banking seven days a week, twenty-four hours a day, although some or all Gulfside Bank Online Banking services may not be available occasionally due to emergency or scheduled maintenance. We agree to post notice of any extended periods of non-availability on the Gulfside Bank web site.
PASSWORD - For security purposes, you are required to change your password upon your initial login to Gulfside Bank Online Banking. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your Gulfside Bank Online Banking account will be locked. You must contact us to have your account unlocked or utilize the password unlock/reset function available on gulfsidebank.com. You must create a password that has a minimum of eight characters and must contain at least three of the following: upper case letter, lower case letter, and a number for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.
SECURITY - You understand the importance of your role in preventing misuse of your accounts through Gulfside Bank Online Banking and you agree to promptly examine your paper statement or E-statement for each of your Gulfside Bank accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your Online banking username and password are intended to provide security against unauthorized entry and access to your accounts. If your account is compromised due to YOU sharing your username and/or password with other individuals or entities, you agree that Gulfside Bank cannot be held legally responsible. Data transferred via Gulfside Bank Online Banking is encrypted in an effort to provide transmission security and Gulfside Bank Online Banking utilizes identification technology to verify that the sender and receiver of Gulfside Bank Online Banking transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that Gulfside Bank Online Banking is secure, you acknowledge that the Online is inherently insecure and that all data transfers, including electronic mail, occur openly on the Online and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing Gulfside Bank Internet Banking, or email transmitted to and from us, will not be monitored or read by others.
FEES AND CHARGES - Gulfside Bank Offers the benefits and convenience of the Gulfside Bank Online Banking service to you at no monthly charge. Account research, stop payment charges and Bill Pay Services will be assessed at the rates published in Gulfside Bank Fee Schedule Brochure and deducted from your Bill Pay Account or another account you hold at Gulfside Bank. These fees are subject to change. Gulfside Bank will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes.
POSTING OF TRANSFERS - Transfers initiated through Gulfside Bank Online Banking before 6:00 p.m. (Eastern Standard Time) on a business day are posted to your account the same day. Transfers completed after 6:00 p.m. (Eastern Standard Time) on a business day, Saturday, Sunday or Federal holiday, will be posted on the next business day. Gulfside Bank Online Banking identifies transfers based upon the login ID of the user who made the electronic transfer.
OVERDRAFTS - (Order Of Payments, Transfers, and Other Withdrawals) If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:
- Electronic funds transfers involving currency disbursements, like ATM withdrawals and Point of Sale payments, will have priority;
- Electronic fund transfers initiated through Gulfside Bank Online Banking which would result in an overdraft of your account may, at our discretion, be cancelled;
- In the event the electronic fund transfers initiated through Gulfside Bank Online Banking would result in an overdraft Of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
LIMITS ON AMOUNTS AND FREQUENCY OF GULFSIDE BANK ONLINE BANKING TRANSACTIONS -The number of transfers from Gulfside Bank accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
ONLINE BILL PAY - Gulfside Bank reserves the right to refuse enrollment in the Online Bill Pay Service to any member who does not meet the Online Bill Pay Service criteria which has been established by Gulfside Bank. Included in these criteria is a requirement that subscribers to this service must live within the United States, its possessions and territories. As used in this Agreement, the term "Payee" means the vendor, biller, person or entity to whom you wish a bill payment to be directed; "Payment Instructions" means the information provided by you to the Service for a bill payment to be made to your Payee (e.g., Payee name, account number, payment amount, payment date, etc.); "Payment Account" means your Checking Account and, in the instance of non-sufficient funds and/or an overdrawn account from which all bill payments may be made and/or Such funds collected; "Business Day" means Monday through Friday, excluding Federal holidays; "Payment Date" means the Business Day of your choice upon which your bill payment will be made and your Payment Account will be debited; and "Cutoff Time" means 4:00pm Eastern Standard Time on any Business Day, and is the time by which you must transmit instructions to have them considered entered on that particular Business Day. Payment amounts are limited to $25,000.00 per transaction and $25,000.00 per day for all transactions. By providing the Payment Service with the names and account information of those entities and/or persons to whom you wish to direct payment, you authorize the Service to follow the Payment Instructions that it receives from you or your authorized user through the Online Bill Pay Service. When the Service receives a payment instruction, you authorize it to debit your Payment Account and remit funds on your behalf on the scheduled date. For this reason, it is necessary that all Payment Dates selected by you be no less than the actual due date for payments (not the late date and/or a date in the grace period). It is your responsibility to schedule your bill payments in such a manner that your obligations will be paid on time. Payment instructions entered after the Cutoff Time or on a non-Business Day will be considered entered in the Service on the next Business Day. In any other event. including but not limited to choosing a Payment Date which does not provide adequate transit time to be received by the Payee, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you. A bill payment is "In Process" starting at the Cutoff Time on the Payment Date. A bill payment is a "Pending Payment", starting from the time you enter Payment Instructions until the payment is "In Process." A bill payment is considered "In Process" on the Business Day you selected as the scheduled Payment Date. A payment is considered "Completed" when Gulfside Bank issues the payment either by check or electronically. You may cancel or edit any Pending Payment (including recurring bill payments) by following the directions provided on the Online Bill Pay system Online Help. There is no charge for canceling or editing a Pending Payment. Please note: we may not have a reasonable opportunity to act on any stop payment or cancellation order given after a payment is "In Process" and it is not possible to stop or cancel a payment which is "Completed." If you desire to cancel or stop any payment which is "In Process", you must call your Personal Banker. Although we will make every effort to accommodate your request, we will have no liability for failing to do so. Stop payment requests sent to us via electronic mail or in any other manner will not reach us in time for us to act on your request. Stop payment requests will be accepted only if we have a reasonable opportunity to act on such a stop payment order. If you call, we may also require you to present your request in writing within fourteen (14) days after you call. The charge for each stop payment order will be the then current charge for such service as disclosed in our Rate & Fee Schedule. The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability if it is unable to complete any payments initiated by you through the Service because Of the existence of any one or more of the following circumstances:
- If, through no fault of ours, your Payment Account does not contain sufficient funds to complete the payment or transfer, your Bill Pay account will be blocked from making subsequent payments for up to three (3) business days or until the funds are available to cover the requested payment.
- The bill payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
- The Payee mishandles or delays a payment sent by the Service;
- You have not provided the Service with the correct names, phone numbers, or account information for those persons or entities to whom you wish to direct payment;
- Circumstances beyond Gulfside Bank's control (such as, but not limited to, fire, flood, or interference from an outside force) that prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Payment will be made to your Payee either electronically via the Automated Clearing House (ACH) or by check. The method of payment depends upon the processing method that can be accommodated by the Payee and Gulfside Bank (e.g., some Payees are unable to accept electronic payments). All payments of $10,000 or greater will be sent via paper check. The payment may be deducted from your Payment Account by two methods depending upon the amount of the payment and your credit history. The two methods are: 1.) Via an electronic debit through the Automated Clearing House Association (ACH) or 2.) Via a draft drawn on your account and processed through the Federal Reserve System (as if you had written a check drawn upon your Payment Account). All bill payments debited from your account will appear on your monthly Statement of Account and under the "BILL PAY HISTORY" section of the Online Bill Pay on Gulfside Bank's Bill Payment System. ACH debits will reflect the name of the Payee (e.g., XYZ Utility Company) as well as the date and amount; payments by check will be reflected on your statement with a date, payee and address, and amount. All payments can be viewed with the Payee's name, payment amount and payment date by reviewing your recent payment history under the electronic Payment List option provided to you as part of the Online Bill Pay Service. The following payment types are prohibited or discouraged through the Bill Pay Service. Discouraged payments may be scheduled at your own risk.
- Payments to Payees outside of the United States or its possessions/territories (prohibited and not issued under any circumstances)
- Tax Payments to the Internal Revenue Service or any state or other government agency.
- Court Ordered Payments, Such as alimony or child support
- Payments to insurance companies
The foregoing shall constitute the Service's entire liability and your exclusive remedy. In no event shall the service be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the equipment, software, and or the service. The service and related documentation are provided 'as is' Without any warranty, either express or implied. If you opt to utilize the expedited payment services, you will be charged $5.00 per electronic payment and $25.00 per overnight check. You agree to pay such fees and charges and authorize the Service to charge your designated Payment Account for these amounts and any additional charges that may be incurred by you. In using the Service, you are requesting the system to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are not sufficient funds in your Payment Account to cover the transaction), the transaction may not be completed. In these cases, you agree that a non-sufficient funds (NSF) fee will be charged in accordance with Gulfside Bank's established and published fees. Further, you also agree that a NSF fee may be charged to your account even if the payment is not returned but is paid and overdraws your Payment Account. By enrolling for and using the Bill Pay service you agree that Gulfside Bank has the right, but not obligation, to transfer funds from your available balance from all of your share accounts to recover funds for all payments that have been requested to be paid by you and your authorized user: this includes accounts on which you are the primary member-owner, as well as accounts on which you are the joint owner. The terms of this Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. Any use of the services after the service sends you a notice of change will constitute your agreement to such change(s). Further, the Service, may, from time to time, revise or update the programs, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the Online Bill Pay programs, services, and/or related material and limit access to the Service's more recent revisions and updates. DISCLOSURE OF ACCOUNT INFORMATION AND TRANSFERS - You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we may inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to Gulfside Bank Online Banking. You agree and hereby authorize all of these transfers of information.
PERIODIC STATEMENTS - You will not receive a Separate Gulfside Bank Online Banking statement. Transfers to and from your accounts using Gulfside Bank Online Banking will appear on the respective periodic paper statements or E-Statements for your Gulfside Bank accounts.
CHANGE IN TERMS - We may change any term of this Agreement at any time. If the change would result in increased fees for any Gulfside Bank Online Banking service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or Gulfside Bank Online Banking. We will post any required notice of the change in terms on the Gulfside Bank Web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or Gulfside Bank Online Banking, we will notify you of the change in terms within 21 days after the change becomes effective. Your continued use of any or all of the subject Gulfside Bank Online Banking services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS, INCLUDING BILL PAYMENTS - contact us as soon as you can, if you think your paper statement or E-statement contains an error, Or if you need more information about a transfer listed on your paper statement or E-statement. We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared. When you contact us:
- Tell us your name and account number.
- Describe the error or transfer you are unsure about and explain as clearly as you can why you believe it is an error, or why you need more information.
- Tell us the dollar amount of the suspected error and date.
- f the suspected error relates to a bill payment made via the Gulfside Bank Online Bill Pay, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, Confirmation number, and the payee account number for the payment in question. (This information appears on the Bill Payment History Screen.)
If you contact us by telephone or by e-mail, we will require that you send us your complaint or question in writing, including the enumerated information above, by postal mail or fax within 10 business days. We will communicate to you the results of our investigation within 10 business days after you contact us and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for point-of-sale or foreign-initiated transactions, or transactions within 30 days after the first deposit to the account) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) business days for the amount you think is in error or within twenty (20) business days in place of ten (10) business days if a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made. So that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and if WE DO NOT receive it in the form of a paper writing within 10 business days, we will not provisionally Credit your account. If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation and within the error resolution time frame. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your account.
OUR LIABILITY FOR FAILURE TO MAKE A TRANSFER - If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make a transfer.
- If a legal order directs to prohibit withdrawals from the account.
- If your account is closed, or if it has been frozen.
- If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
- If any electronic terminal, telecommunication device, or any part Of the Gulfside Bank Online Banking electronic funds transfer is not working properly and you knew about the problem when you started the transfer.
- If you did not enter complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
- If you have not properly followed the on-screen instructions for using Gulfside Bank Online Banking.
- If circumstances beyond our control (such as natural disaster, fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS - CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission. If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500. Also, if your paper statement or E-Statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you or your receipt of E-Statement, you may not get back any money you lost through transactions made after the 60 day time period 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 hospital stay) kept you from contacting us, we will extend the time periods. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY - We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Gulfside Bank Online Banking services provided to you under this Agreement. We do not and cannot warrant that Gulfside Bank Online Banking will operate without errors, or that any or all Gulfside Bank Online Banking services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental. special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to Gulfside Bank Online Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Gulfside Bank and its affiliates exceed the amounts paid by you for the services provided to you through Gulfside Bank Online Banking.
YOUR RIGHT TO TERMINATE - You may cancel your Gulfside Bank Online Banking service at any time by providing us with written notice by postal mail or fax. Your access to Gulfside Bank Online Banking will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
OUR RIGHT TO TERMINATE - You agree that we can terminate or limit your access to Gulfside Bank Internet Banking services for any of the following reasons:
- Without prior notice, if you have insufficient funds in any one of your Gulfside Bank accounts. Gulfside Bank Online Banking service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
- Upon reasonable notice, for any other reason in our sole discretion. Communications between Gulfside Bank and you unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
E-MAIL - You can contact us when using your Gulfside Bank Online Banking account by adding a message under the 'Contact Us' button.
TELEPHONE - You can contact us by telephone at 941-303-4200
FACSIMILE - You can contact us by fax at 941-330-1636
POSTAL MAIL - You can write to us at:
333 N. Orange Ave
Sarasota, FL 34236
IN PERSON - You may visit us in person at any Gulfside Bank branch location
CONSENT TO ELECTRONIC DELIVERY OF NOTICES - You agree that any notice or Other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Gulfside Bank Web site or by e-mail. You agree to notify us immediately of any change in your e-mail address. If you do not agree to the online access agreement you will need to e-mail us by clicking on the 'Contact Us' button.
Deposit accounts are FDIC insured to the fullest extent allowed by law.
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