Thank you for your interest in United Community Bank’s Internet Banking Service (the “Service”). This Online Banking and Service Agreement and Disclosure Statement (the “Agreement”) provides information about the United Community Bank (“United”) online banking service, mobile banking service, bill pay and other third-party payment services, and contains the disclosures required by the Electronic Funds Transfer Act.
Please review the following disclosure information. Once you have completely reviewed the information, click “I Agree and Accept” to indicate your agreement and to begin the process of enrolling in online banking and mobile banking.
For purposes of this Agreement, each reference in the Agreement to “United”, “we”, “us”, or “our” refers to United Community Bank, and each reference to “you”, and “your” refers to each depositor, borrower, authorized signer, or authorized user for a deposit account or loan, who is now or hereafter enrolled in any one or more of United's online banking services with respect to said accounts.
A. ACCEPTANCE OF UNITED TERMS AND CONDITIONS
You may become eligible for the Service by submitting the United Enrollment Application (the "Enrollment Application"). By submitting the Enrollment Application and clicking "I Agree and Accept" as described above, or by initially accessing the Service, you are agreeing to the terms and conditions of this Agreement.
You agree to use the Service solely for the services described in the Agreement and designated by you in the Enrollment Application, and solely in connection with each account (collectively, the "Accounts"), except as otherwise expressly provided in this Agreement or as otherwise expressly permitted by us from time to time. Under this Agreement, there may be multiple accounts. Throughout the United website, United will provide you with guidance and online instructions and messages. You agree to read and abide by such instructions and messages. Each time you use the Service, you agree to the terms of this Agreement and any additional terms and conditions that may appear on your computer when you sign on to the United website or during your use of the Service. This Agreement will be effective as of the date we issue you an Access ID and Password (the "Access ID" and "Password"). Please read this Agreement carefully and print it by selecting the Printer icon on the Toolbar or selecting File, Print.
The following definitions apply in this Agreement.
"Online Banking" is United Community Bank's Internet-based service providing access to your Online Account(s).
"Mobile Access Device" means a supportable mobile device such as a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages.
"Mobile Banking" means the banking services accessible to you when using a mobile device.
"Bill Payment" is the Internet-based service providing payments to United Community Bank or to third parties from your designated United Community Bank account(s).
"Access ID" is the series of 8 or more numbers or letters that you select as a code used in conjunction with the password to establish your connection to the Online Banking service.
"Password" is the series of 8 to 17 numbers and letters that you select as a code used in conjunction with the access ID to establish your connection to the Online Banking service. Your password must include at least 1 letter and 2 numbers.
"Online Account" means any United Community Bank account from which you will be obtaining information or conducting transactions using the Online Banking service.
"Electronic Funds Transfer" has the meaning provided for that term in Regulation E and includes, without limitation, a bank transfer or payment made by an electronic means.
"Firewall" is a router or an access server or several routers or several access servers designated as a buffer between any connected public network and a private network.
"Service" shall mean, individually or collectively, United Community Bank's Online Banking service, Bill Payment service, Mobile Banking, and any other service offered under this Agreement.
"Time of day" references are to Eastern Time or Eastern Daylight Time, as applicable.
"Business Days" are Monday through Friday, except weekdays that United Community Bank is not open for business or is considered a federal holiday.
"We", "us", "the bank", "United" or "United Community Bank" refers to United Community Bank or one or more of its affiliates, which provides or will provide the Service offered under this Agreement.
C. BROWSER SECURITY
United Community Bank Internet Banking transmits data using SSL (Secure Socket Layer) technology that supports 128-bit key encryption. It is important to verify that a secure connection between United and the Internet Banking server has been established before transmitting any confidential account information over the Internet. An indicator in the lower right corner of the screen can verify this. When using Netscape, if the lock symbol appears "solid" transmitted data is being encrypted. When this lock symbol appears "broken", a secure session has not been established. Similarly, Microsoft Internet Explorer has a lock symbol that appears when data is being encrypted. When this symbol does not appear, a session is not secure.
D. HOST SECURITY
United Community Bank's web server does not connect directly to the Internet. It is buffered from the Internet through the use of a firewall. All access from outside the bank must go through this firewall, which screens the requests and allows only valid https traffic to reach the server. United Community Bank Internet Banking makes use of an ICSA certified firewall.
E. HOURS OF OPERATION
Business days for United are 8:30am to 6:00pm Monday through Friday, excluding holidays, or unless otherwise specified within this agreement for different services that are provided You may access the Service 24 hours a day, seven days a week, except that United cannot guarantee that the Service will always be available during these times. United cannot guarantee that we will be able to provide notice of such interruptions and changes, although we will attempt to provide such notice. In addition, access to the Service is made available pursuant to a license agreement by and between United and Fiserv, Inc.. Any interruption of service or access caused by the Service Provider will also prevent your use of the Service or performance of the Service.
F. SECURE ACCESS TO SITE
United believes the safety and security of its customers' accounts and account information is important. To ensure protection of your Accounts, you must access the Service via a personal computer or mobile access device with your Access ID and Password. We will assign you an online banking Access ID and Password after we have accepted your Enrollment Application. When you first access the Service, you will be required to select a new Access ID and Password. Your Access ID must be at least 8 characters and your Password must be 8 to 17 characters that includes at least 1 letter and 2 numbers. You may change your Password from time to time, as provided in the software. We recommend that you not use your social security number, birthday, name, or other code that may be easy for others to determine as your Password.
In order to access Mobile Banking, you will utilize the same Access ID and Password that you use for online banking. No United employee will ever ask you for your Password, nor should you provide it to anyone. YOU AGREE TO KEEP YOUR PASSWORD CONFIDENTIAL. USE OF THE PASSWORD BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH THE SERVICE. You agree that any United online banking request initiated by use of the Password will be subject to and governed by this Agreement. Thus, we urge you to maintain the safety and security of your Access ID and Password.
If you authorize another person to use your Access ID and Password, that person can use the Service to perform any of the functions that you may perform. For example, that person may view any information or initiate any transaction on any of your Accounts to which that person does not otherwise have access. You agree not to share your Access ID and Password with other parties. You agree to assume responsibility for all transactions initiated through the Service with your Access ID and Password, up to the limits allowed by applicable law. In addition, if you allow another person or business to store your Access ID and Password on their computer, the stored information may be at risk of unauthorized access from third parties. United has not authorized any outside company to request or use your Access ID and Password for any purpose, on the Internet or otherwise.
Once you are finished with your online or mobile banking activity, you should promptly and properly log off the Service. You also agree to never leave your computer unattended while accessing the Service. If you should, a third party may be able to access your Accounts from your terminal without ever needing to use your Access ID and Password.
G. IF YOUR PASSWORD HAS BEEN LOST OR STOLEN
If a third party should gain access to your Access ID and Password, you alone are responsible for changing the Password to deny the third party's access to your banking information. We also require that you keep a record of what information you shared, and as always, that you carefully monitor and review the activity in your Account.
If you believe your Password has been lost or stolen, call United immediately at (866) 270-7100, 8:30 AM to 6:00 PM, Monday through Friday. Contacting United via telephone is the best way of minimizing your losses. You may also restore the security of your Service by changing your Password. If you believe your Password has been lost or stolen and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone uses your Password to conduct unauthorized electronic funds transfers. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password to conduct unauthorized electronic funds transfers had you told us prior to the end of the 2-day period, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money lost after the 60 day period if we could have stopped someone from taking the money had you told us prior to the end of the 60 day period.
H. ONLINE BANKING SERVICES
As indicated by the Enrollment Application, you may use a variety of services offered by United via the Online Banking Service. You may enroll in online banking at ucbi.com, or you may sign up for or cancel any service by visiting a United Community Bank location. Services include, but may not be limited to, the following:
1. Online Services
You may use United Community Bank's Internet Banking to perform any of the following services designated by you in the Application or subsequently added by you as provided below:
i. To transfer funds between any Deposit Accounts, such as checking, savings, and money market;
ii. To transfer funds from any Deposit Account to a loan with United Community Bank;
iii. Make payments to third parties;
iv. To receive and download balance and transactional information on your United Community Bank accounts;
v. To change your password;
2. Bill Payment
i. Any bill payments (the "Bill Payments") you make or authorize will be deducted from your designated funding Account. You may utilize the Service to make Bill Payments to an unlimited number of payees. Every Bill Payment must be payable in U.S. dollars and made payable to a payee located in the United States.
ii. Processing. Bill Payments entered before 5:00 p.m. are considered received on that business day. Bill Payments are electronically delivered to payees within four business days. Some payees are, however, not set up to accept electronic Bill Payment. In those cases, a check will be sent to the Payee within four business days. The service provider reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods include, but my not be limited to: (1) an electronic payment; (2) a personal check drawn on your designated payment account ("paper draft"); or (3) a corporate check drawn on our account or the account of our vendor. Funds will be deducted from your designated Account on the scheduled payment date for electronic payments or payments made by corporate check. Funds remitted to the Payee by paper draft will be deducted from your account when the draft is presented to United for payment. .
iii. You agree to allow sufficient time for the Service to receive your request and process the Bill Payments so that funds will be delivered by the due date. The earliest possible scheduled payment date for each Payee (typically four or fewer business days from the current date) will be designated within the application when you are scheduling a payment. Therefore, the application will not permit you to select a scheduled payment date less than the earliest possible scheduled payment date designated for each Payee. When scheduling payments you must select a scheduled payment date that is no later than the actual due date reflected on your Payee's statement unless the due date falls on a non-business day, in which case you must schedule the payment at least one business day before the actual due date. Scheduled payment dates must be prior to any late date or grace period. If you do not comply with the time frame specified for processing your Bill Payment request, you agree to assume full responsibility for all late fees, finance charges, or other actions taken by payee. In the case of repeating payments, if the scheduled payment date falls on a weekend, the actual date that the Payee is scheduled to receive the payment will fall on the previous Friday.
iv. In certain instances an expedited payment optional service is available with participating Payees that allows you to have your payment initiated and processed quicker for an additional fee. Please note, although the payment will arrive earlier than the typical four business days, it is at the Payee's discretion how quickly the payment is processed and posted. The expedited service may not always be available. If you use the expedited payment option, it will begin processing immediately and you will be unable to change or cancel the payment. You will incur a fee when using the expedited payment option, as indicated on the scheduled payment screen. The amount of the scheduled payment and the fee will post as separate transactions to your account, which might result in you incurring an overdraft charge for the payment as well as an overdraft charge for the fee if you do not have sufficient funds to process either the payment or the fee.
v. If your Bill Payment Account does not have sufficient funds to make a payment as of the date the Payee processes the funds, an attempt will be made to disburse those funds and a "non-sufficient funds" charge will be applied to the designated Account. United shall have no obligation or liability if the payment does not complete because there are insufficient funds in your Account to process a transaction. You will be responsible for resubmitting the payment when funds are available. In all cases, you are responsible for making alternate arrangements for the payment or rescheduling the payment through the Service.
3. Account Transfers
i. You may use the Service to initiate electronic funds transfers from a checking, savings or money market deposit account to any other authorized deposit account at United. These types of transactions are referred to in this Agreement as "bank transfers".
ii. You expressly authorize United to debit the appropriate Account in the amount of any bank transfer initiated through the Service by you or by any other person whom you authorize to use your Access ID and Password. You agree that we may treat any such bank transfer from an Account the same as a duly executed written withdrawal, transfer, or check and that we may treat any such bank transfer to an Account the same as a deposit, all in accordance with the terms of this Agreement and your deposit agreement(s) with us.
iii. You must have sufficient funds available in the selected account at the time the transfer is received, including any available overdraft protection. We may process transfers that exceed your available balance at our sole discretion. If we do process the transfer and it results in an overdraft in your account balance, you will be charged the standard "non-sufficient funds" fee.
iv. Bank transfers between Accounts may be limited by federal law or by the terms of your deposit agreement with us. Bank transfers from Accounts that are savings or money market deposit accounts are limited as required by federal regulation. For statement savings accounts, you may not make more than 6 transfers per statement period by preauthorized or automatic transfer or by telephone or on-line banking. For money market accounts, you may not make more than 6 transfers per statement period by preauthorized or automatic transfer or by telephone or online banking, by check (including online bill payments), draft or debit card. You agree that we may, without notice or other obligation to you, refuse to make any bank transfer for security reasons or as otherwise expressly provided in this Agreement or your deposit agreement with us.
v. We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice, at our option.
vi. Posting and Availability of Funds. If you authorize a bank transfer of available funds on or before 6:00 PM on a business day, the bank transfer will be posted the same business day. If you authorize a bank transfer after 6:00 PM on a business day, the bank transfer will be posted the next business day. Transferred funds will be available for withdrawal on the business day the bank transfer is posted. Please note that intervening holidays may alter the day of posting. Except as otherwise expressly provided in this Section, transferred funds will be available for transfer and withdrawal as provided in our Schedule of Funds Availability listed below.
Schedule of Funds Availability:
If a bank transfer is initiated before 6PM Monday, funds will be posted on Monday and funds will be available on Tuesday. If a bank transfer is initiated before 6PM Tuesday, funds will be posted on Tuesday and funds will be available on Wednesday. If a bank transfer is initiated before 6PM Wednesday, funds will be posted on Wednesday and funds will be available on Thursday. If a bank transfer is initiated before 6PM Thursday, funds will be posted on Thursday and funds will be available on Friday. If a bank transfer is initiated before 6PM Friday, funds will be posted on Friday and funds will be available on Saturday. If a bank transfer is initiated before 6PM Saturday, funds will be posted on Monday and funds will be available on Tuesday. If a bank transfer is initiated before 6PM Sunday, funds will be posted on Monday and funds will be available on Tuesday.
vii. In addition to internal bank transfers, you may also use this Service to request transfers to or from accounts owned by you at other U.S. financial institutions. You may also use the service to request person-to-person personal payment transfers to or from someone else's account at United Community Bank or another U.S. financial institution. These types of transactions are referred to in this Agreement as "External Transfers". Terms and Conditions related to the "Transfer Money" service and the "Popmoney" service are located on the Online Banking page related to each service. You will incur a fee when using the External Transfers service. A listing of fees is available on the Online Banking page related to each service. Use of the service constitutes acceptance of the Terms and Conditions and fee schedule associated with each service. External transfers entered before 5:00 p.m. are considered received on that business day.
4. Access to Account Information
You may use the Service to receive, download, and store or print information regarding an Account that is routinely set forth in the statement for the Account, debits and credits made to the Account, amounts and item numbers for items drawn on the Account (if applicable), and the daily Account balance (including interest credited to an Account and finance charges accrued on a Loan). All account information provided via the Service will be current as of the end of the preceding business day, and is subject to further adjustment and correction. Because the information is made available to you as "raw data" furnished through the Service Provider and is subject to change, we cannot assure you of the accuracy or completeness of the Account information and expressly disclaim the same. United will continue to send the usual periodic statement of account to you. Please note that adjustments may have been made to your Account in connection with the preparation of your statement.
5. Electronic Mail Service
United has provided you with access to the United e-mail service. You may use the Service to send e-mails to us and to receive e-mails from us. The United customer support e-mail address is Uconnet@ucbi.com. The United e-mail service may not be used to make bank transfers between Accounts or to make loan payments from an Account. E-mail transmitted by you to us often will not be delivered to us immediately. If you need to contact us immediately to stop payment, to report the unauthorized use of your Access ID and Password, to report unauthorized access to an Account, or for any other reason, you should call us at 866-270-7100. We will not be responsible for acting on or responding to any e-mail request until we actually receive your e-mail message and have a reasonable opportunity to act. We will attempt to notify you of any technical difficulties or other occurrence that may affect your use of the e-mail service by posting such notice on the United website.
6.Mobile Banking Services
i. Description of Service: Mobile Banking is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts. To utilize the Mobile Banking Service, you must first be enrolled in Online Banking. We reserve the right to limit the types and number of accounts that are accessed through Mobile Banking, and we may refuse to make any transaction that you request through Mobile Banking. We also reserve the right to modify the scope of this Service at any time. Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supportable for all mobile access devices or network carriers. United Community Bank cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or "out of range" issues. Additionally, your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details regarding fees.
ii. Use of Service: In order to properly use Mobile Banking, you should review and follow the instructions provided on our website. You also accept responsibility for making sure that you know how to properly use your mobile device and we will not be liable to you for any losses caused by your failure to properly use the Mobile Banking Service or your device. You agree to properly secure all hardware and software you use in connection with the Mobile Banking service.
iii. Other Agreements: You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
iv. Permitted Mobile Banking Transactions: You may utilize the Mobile Banking Service to conduct transactions outlined in the Online Banking Services section of this Agreement, provided they are available. We do not guarantee that all services will be available through your specific mobile access device, or may not be available in areas where there is limited mobile coverage.
v. Hours of operation, as outlined in this Agreement, are the same for both Online Banking Services and Mobile Banking Services.
vi. We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.
vii. Message and Data Rates may apply. Your wireless carrier may assess you fees for data or text messaging services. These fees are your sole responsibility; therefore you should consult your wireless plan or provider for details related to any fees you might incur.
viii. If you change your mobile device, your mobile telephone number, or your e-mail address it will be your sole responsibility to access the Online Banking System and enter the appropriate updated information.
ix. Mobile Deposit is an added feature of our Mobile Banking Service that is available to eligible customers at our option. This service allows you to deposit certain items into eligible bank accounts using your mobile device.
(1) Your use of the Mobile Deposit service constitutes your acceptance of the mobile deposit terms and conditions. As indicated in this overall agreement, the terms and conditions may change from time to time. Your continued use of the service will indicate your acceptance of any such changes to the service.
(2) Mobile Devices: To use the Mobile Deposit service you must have a supported mobile device with a supported camera, a data plan, and download the UCBI Mobile App. We do not guarantee that your particular mobile device, camera, operating system, or carrier will be compatible with this service.
(3) Limitations: We assume no responsibility should you experience technical, network, or other difficulties while using the Mobile Deposit service or any damages as a result of these difficulties. We reserve the right to change, suspend or discontinue the service, in whole or in part, or your use of the service, in whole or in part, immediately and at any time without prior notice to you.
(4) Fee: The Mobile Deposit service is provided at no charge to you. Fees may be changed, at our discretion, upon at least 30 days prior notice to you, to the extent required by applicable law. Continued use of the service after the fee becomes effective constitutes your agreement to pay the fee.
Charges from your wireless carrier may apply. Regular account charges apply.
(5) Eligible Items: You agree to scan and deposit only checks as defined in Federal Reserve Regulation CC and only those checks that are permissible specifically by the Mobile Deposit service. You agree that you will not use the Mobile Deposit service to deposit the following items:
• Travelers checks
• Savings bonds
• Money orders or postal money orders
• Federal government checks
• Checks previously presented as an electronic item to United Community Bank or any other financial institution.
• Non-negotiable instruments such as promissory notes.
• Checks or items payable to any person other than you, or payable to you and another third party.
• Checks or items containing alteration to any of the fields on the front of the check, or which you know to be suspect, or should know to be suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
• Checks or items that are remotely created checks, or checks previously converted to a substitute check, as defined by Regulation CC.
• Checks or items drawn on a financial institution located outside of the United States or are not payable in U.S. currency.
• Checks or items dated more than 6 months prior to the date of the deposit.
• Checks or items on which a stop payment order has been issued or for which there are insufficient funds.
• Checks or items prohibited by our current procedures relating to the Mobile Deposit service or are not acceptable under the broader deposit account terms.
(6) Image Quality: The image of the deposited item must be legible and must comply with the image quality guidelines established by regulatory or clearing house association guidelines. You agree that we shall not be liable for any damages resulting from a check or item's poor image quality, including those related to rejection of or the delayed or improper crediting of such a check or item, or from any inaccurate information you supply regarding the check or item.
(7) Endorsements: You agree to endorse the check being transmitted for deposit as instructed by us, and follow any and all procedures and instructions for use of the Mobile Deposit service as we may establish from time to time. You agree that returned deposited items may result in the Mobile Deposit service being unavailable.
(8) Receipt of Items: We reserve the right to reject any item transmitted through Mobile Deposit service, at our discretion, without liability to us. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive confirmation that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
(9) Exception Items: We will use commercially reasonable efforts to review deposited item and to reject any item that we in our sole discretion determine to be ineligible for the Mobile Deposit service.
(10) Availability of Funds: We will make funds available for checks received, accepted, and successfully processed through the Mobile Deposit service according to our standard funds availability policy for your deposit account. If you transmit your deposit to us before 6:00 p.m. ("cut-off time") on any Business Day, we will review and process your deposit on that same Business Day and funds will generally be available the following day. Deposits received after that cut-off time will be reviewed and processed on the next Business Day with funds generally available the subsequent day.
(11) Disposal of Transmitted Items: After transmitting the deposited item, and upon your receipt of confirmation from us that the item has been accepted, you agree to prominently mark the item as "Submitted for Mobile Deposit" and the date it was deposited on the front of the check. The check should be retained for forty-five (45) days and then destroyed. You agree never to re-present to us or any other party a check or item that has been deposited through the Mobile Deposit service unless we notify you that the check or item will not be accepted for deposit through the mobile deposit service.
(12) Deposit Limits: We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Mobile Deposit service and to modify such limits from time to time.
(13) Errors: You agree to notify us of any suspected errors regarding items deposited through the Mobile Deposit service right away, and in no event later than 60 days after the applicable account statement is sent to you.
7. Online Banking Alerts
i. Account Alerts allow you to choose alert messages for your accounts. We may add new alerts from time to time, or cancel old alerts, without warning to you. Each alert has different options available, and you will be asked to select from among these options upon activation of your alerts service.
ii. Electronic alerts will be sent to the email address you have provided as your primary email address for Online Banking. If your email address or your mobile device's email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a secondary email address, including a mobile device that accepts text messages. Message and data rates may apply. Check with your carrier for details.
iii. You understand and agree that your alerts may be delayed or prevented by a variety of factors. We neither guarantee the delivery or the accuracy of the contents of the alerts. You also agree that we will not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of the alert; or for any actions taken or not taken by you or any third party in reliance of an alert.
8. Additional Service
United may introduce new services or change the scope of our services from time to time. United will notify you of the existence of the new services. By using these services when they become available, you agree to be bound by the terms and conditions, rules and other instructions that will be made available to you concerning those new services.
Access to the Service is currently furnished at no charge to you. Currently, United does not charge a set-up fee for the Service. United does not charge for viewing your Accounts, or completing transfers to and from your individual Accounts. United does not charge for bill payment, except that a fee may be imposed for expedited payments as outlined in the Bill Payment service's Online Banking page. United may from time to time decide to modify its fees. If United increases or decreases its fees, United shall notify you in writing, where required, of the change(s) and their effective date.
Fees for the use of the Popmoney and Transfer Money services will be imposed as described within each service's Online Banking page.
You will be solely responsible for all tariff, duties, or taxes imposed by government or governmental agencies in connection with any transfer made pursuant to this Agreement and for all telephone charges, Internet access service charges, wireless provider fees, tools, tariffs, and other costs for online and mobile sessions. Message and data rates may apply. Please check with your mobile carrier for details. There may be other costs and charges associated with your accounts. Please refer to your Deposit Account Disclosure for details.
J. STOP PAYMENT RIGHTS
The ability to place a stop payment request will depend on whether or not the payment has been processed, the payment method used to remit funds to the Payee, and whether or not a check issued to the Payee has cleared.
1. To cancel a payment that is still in a "pending" status, you must log into Online Banking and follow the directions provided on the Bill Pay screens in order to cancel the payment.
2. To cancel a payment that is in a "processing" status, contact your local United Community Bank or call Online Banking Support at 866-270-7100. Although we will make every effort to accommodate your request to cancel the payment, we may not have a reasonable opportunity to do so as a result of the timing of the request. In those instances we will have no liability for failing to cancel the payment.
3. The ability to stop payment on a check issued from your account or a corporate check will be determined by the timing of your request and whether or not the check issued to the Payee has cleared. To request a stop payment on an outstanding check, contact your local United Community Bank or call Online Banking Support at 866-270-7100. We must have sufficient time to process your request, and we may require you to present your request in writing. We will make every effort to accommodate stop payment requests received prior to the Payee check clearing, however, if we do not have a reasonable opportunity to stop payment on the check we will have no liability for failing to do so.
4. If a payee on a corporate check fails to negotiate the check within 90 days, we will stop payment on the check and re-credit your account for the amount of the payment. If a corporate check is returned to you prior to the end of the 90 day period, please inform us immediately so that we can stop payment on the check and re-credit your account.
5. The charge for each stop payment request will be the current charge for such service as set forth in our applicable fee schedule.
K. ERRORS AND ADJUSTMENTS
In case of errors or questions regarding transactions through the Service, telephone us at 866-270-7100, or write us at United Community Bank, P.O. Box 398, Blairsville, Georgia 30514, as soon as you can if you think your statement is wrong or if you need more information about a transfer listed on the account statement. We must hear from you no later than 60 days after we sent the first account statement on which the problem or error appeared. Please provide us with
(i) your name and account number (if any), (ii) a description of the error or the transfer you are unsure about and an explanation of why you believe it is an error or why you need more information, and (iii) the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we conduct this investigation, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the Account was made, the applicable time periods for the action shall be 20 business days in place of 10 business days.
L. SETTLEMENT OF OBLIGATION
To the fullest extent permitted by applicable law, you authorize us to obtain payment of your obligations to us under this Agreement from time to time by (a) initiating debit or credit transfers to any of your Accounts or (b) deducting the payment from the amount of any bank transfer or loan payment. Such obligations include, without limitation; fees owed to us and settlement for bank transfers or loan payments initiated through the Service. If an Account is closed (whether by you, by us, or otherwise), you agree that all such obligations will be immediately due and payable to us, and you authorize us to withhold the amount of any such obligations from any Account. Debiting an account or deducting payment from the amount of any bank transfer or loan payment is not United's exclusive remedy under this or any other Section of this Agreement, and United will not be deemed to have made an election of remedies by making any such debit or deduction on any one or more occasions.
M. DUTY OF CARE AND LIMITATION OF LIABILITY FOR TRANSFERS AND BILL PAYMENTS
United is responsible only for exercising ordinary care in effecting Bill Payments or transfers upon your authorization. If we do not complete the electronic fund transfer to or from an Account within 10 days or for the correct amount according to our agreement with you, we will only be liable for your direct losses or actual damages. In NO event shall we be liable for damages in the following instances:
1. If, through no fault of ours, you do not have enough money in your Account (or any linked account) to make the electronic fund transfer.
2. If the electronic fund transfer would go over the credit limit on your overdraft line.
3. If you have not completely and properly complied with the terms of this Agreement or instructions provided by the software regarding how to make an electronic fund transfer.
4. If any data or instruction transmitted via the Service is inaccurate or incomplete.
5. If you do not initiate an electronic fund transfer according to the time limits set forth in this Agreement or if the payment amount requested is less than the full amount due.
6. If the electronic fund transfer has been transferred from the Account to a third party, including, without limitation, any third party through which payment is made and any payee or its financial institution.
7. If the hardware, the software, the Service Provider, or any part of the Service, including the loan payment service, was not working properly and you knew about the breakdown when you started your electronic fund transfer.
8. If circumstances beyond our control such as an act of God, failure, delay, or error on the part of any Service Provider (including, without limitation, the online Service Provider, the United States Postal Service or any other delivery service), power outage, difficulty with telephone or cable lines or satellite communications, or any technical difficulty that might prevent or delay the electronic fund transfer.
9. If your funds are frozen or are subject to legal proceedings.
10. If the funds in the Account are unavailable (funds are only conditionally credited until they become available for withdrawal).
11. If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized, or if you default under this Agreement, the Account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
12. If you, any joint holder, or any authorized cosigner on an Account has requested that we stop payment of the electronic fund transfer.
13. If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period of the type of Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts).
14. If the Account has been closed.
15. If we do not receive the necessary transfer information from you or any third party, or if such information is incomplete or erroneous when received by us.
Our liability for electronic fund transfers made to or from Accounts is also governed by our Electronic Fund Transfers ("EFT") Disclosure. If any provision herein is inconsistent with any provision of our EFT Disclosure or any provision of applicable law that cannot be varied or waived by agreement, the provisions of our EFT disclosure or applicable law shall control. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of delay or failure in the performance of any United online banking service in accordance with the terms of this Agreement, including but not limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic funds transfer that cannot be varied or waived by agreement. In no event will United be liable for any consequential, special, or punitive damages or for any indirect loss that you may incur or suffer in connection with the Service (even if United has been informed of the possibility of such damages), including, without limitation, attorney's fees. The Service Provider is an independent contractor and not United's agent. United's sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE BY UNITED WITH RESPECT TO ANY UNITED ONLINE BANKING SERVICE OR THE SOFTWARE, AND UNITED HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the software and set forth on the software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, United shall not be liable at any time to you or any other person for any loss, charge, fee, penalty, expense or other damage resulting from any failure or delay of the performance of United's responsibilities under this Agreement which is caused or occasioned by any act or thing beyond United's reasonable control, including, without limitation, legal restraint, interruption of transmission facilities, the failure of mechanical or electronic equipment communications lines, telephone or other interconnect problems, operator errors, log-in sequences, severe weather, earthquakes, floods or other such events, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or loan payment. In addition, United shall be excused from any failure or delay in executing a bank transfer or loan payment, if such execution would result in the violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that United shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, without limitation, the Service Provider, any internet access service provider, any Federal Reserve Bank or transmission or communications facility or any intermediary or receiving financial institution, and no such person shall be deemed United's agent.
There may be other exceptions stated in this Agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer or bill payment, and we will not be liable for any indirect, incidental, exemplary or consequential damages.
N. REJECTION OF PAYMENT ORDERS; OVERDRAFTS
You acknowledge that United or the Service Provider may from time to time, in its sole discretion, reject any bank transfer or payment request (any "Payment Order") or return any bank transfer or payment. If a Payment Order is rejected or a bank transfer or payment is returned, either United or the Service Provider will notify you and you will have the sole obligation to retry the payment order in accordance with the terms of this Agreement and the software. United or the Service Provider may from time to time, in its sole discretion and without any obligation to do so, execute any payment order or make any bank transfer or payment even though an overdraft to the account results. To the fullest extent permitted by applicable law, you agree that neither United nor the Service Provider will have any liability whatsoever for refusing to accept any Payment Order. Any overdraft existing at the close of a business day is immediately due and payable without notice or demand.
O. DISCLOSURE OF DEPOSIT ACCOUNT INFORMATION TO THIRD PARTIES
You agree that we may from time to time disclose to third parties information about your Account or the transactions that you make through the Service. We will disclose information to third parties about your Account or the transfers you make:
1. To complete transfers as necessary;
2. To verify the existence and condition of your Account upon request by a third party, such as a credit bureau or merchant;
3. To comply with government agency or court orders;
4. If you give us your written permission; or
5. To affiliated United companies.
Periodic Statement. You will get a monthly account statement from us, unless there are no transactions in a particular month. In any case you will get a statement quarterly. You will get a quarterly statement from us on your savings account if this is the only account you maintain and the only possible electronic transfer to or from the account is a preauthorized deposit.
Q. OTHER AGREEMENTS; SERVER ABILITY; GOVERNING LAW
The terms and conditions of this Agreement are cumulative with and in addition to any terms of the signature cards or account agreements for your Account(s), the applicable account disclosures, [the Service Schedule, the Schedule of Funds Availability, United's Electronic Transfer Agreement and Disclosure Statement, the agreements governing the Credit Accounts, and the Application, all as may be amended from time to time.] In the event of any conflict in such other related agreements and disclosure regarding United's obligations to you, the terms of this Agreement will control. If any provision of this Agreement should be held to be invalid, illegal or unenforceable, the parties agree that the remaining provisions of this Agreement should be constructed as if such invalid, illegal or unenforceable provision had never been contained herein. No consumer protection provision of the Federal Electronic Fund Transfer Act of Federal Reserve Board Regulation E is intended to be waived by you under this Agreement unless the waiver is permitted by law. The parties agree to be bound by the operating rules and guidelines of the National Automated Clearing House Association and the applicable local automated clearing house association as in affect from time to time with respect to all automated clearing house transfers made hereunder. This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the states in which we are located and where you opened your account. You agree that if there is any inconsistency between the terms of this Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement.
We may amend this Agreement from time to time. We will effect each amendment by posting a revised Agreement on our website, in accordance with applicable federal and state laws, and you will be required to agree to and accept the terms of the new Agreement before accessing any online banking service. Notwithstanding the foregoing and to the extent permitted by applicable law, we may change any term of this Agreement without prior notice or obligation to you: (a) if the software or Service Provider changes any term without providing us sufficient notice to enable us to properly notify you; (b) if we change our Service Provider, (c) for security reasons; (d) to comply with applicable law; or (e) as otherwise expressly provided in this Agreement. Your continued use of the Service after the effective date of such revisions will constitute your acceptance of the revisions and the revised Agreement.
You agree that we may cancel or restrict your use of the Service at any time without notice to you if: (a) your account is past due; (b) you are not complying with the terms of any agreements between you and United; (c) any of your accounts are not in good standing; or (d) we have reason to believe that the Service has been subject to unauthorized or improper use. If you do not access the system at least once during a 120 day period your online banking account will be automatically deleted and re-enrollment will be required. We will notify you as is reasonable under the circumstances should we terminate or cancel your access to the Service for any other reason. You may cancel the Service by written request to United at any time. You should include your name, address, whether you are discontinuing online banking, Bill Payment or both, and the effective date to stop the Service on your written request for termination. If you cancel the Service, all pending and/or recurring Bill Payments or transfers will automatically be cancelled. We will provide you with a final charge for the Bill Payment service on your next account statement.