Effective July 2025
ULSTER SAVINGS BANK ONLINE AND MOBILE BANKING
AGREEMENT TERMS AND CONDITIONS
This Service Agreement ("Agreement") is between Ulster Savings Bank (herein called "we" or "us" or "our") in our capacity as the operator of our Internet website ("Website") and our Internet customers who subscribe to this Service. Our customers who access and use the Services are referred to in this Agreement as "you" or "your" regardless of number or gender. When you enrolled in this Service on our Website, such action constitutes your written signature to and approval of, and intent to be bound by, this Agreement and all future amendments hereto.
Any references and or provisions included herein to Regulation E (The Electronic Funds Transfer Act) apply to consumer accounts only.
Overview
Online Banking and Mobile Banking are services that allow you to perform electronic fund transfers between your accounts and make inquiries about your accounts using your personal computer or wireless device and password through the internet.
You may access our Online Banking Service through the internet and your password to:
Transfer funds between accounts at the bank;
Pay bills through Electronic Bill Pay;
You may also use our Online Banking Service to inquire about:
Account balances;
Electronic deposits such as Social Security or payroll or ATM transactions;
Interest paid on your accounts;
Your account history;
A specific check;
Rate and product information;
Bills paid.
Some of the above services may not be available for certain accounts, customers or if you access online banking through mobile banking apps.
Account Access
Customers who wish to use Ulster Savings Bank's Online Banking must register, select a password and comply with additional security provisions as well. You may use Online Banking to access linked deposit accounts at Ulster Savings Bank which you own and from which you have an unrestricted right to withdraw funds. The Bank reserves the right to limit the types of accounts that may be accessed or linked. For example, a Passbook Savings Account may be viewed through Online Banking, but we may not allow any type of online transfer or payment to or from a Passbook Savings Account.
Pursuant to Federal regulation, Online Banking and/or Telephone Banking transfers from a savings account or money market account to another account or to a third parties by preauthorized, automatic, telephone, or computer transfer or by check, draft, debit card, or similar order to third parties may be limited to no more than six per monthly statement cycle.
User ID and Password
These codes are required for your security. They are confidential and should not be disclosed to third parties. You are responsible for safeguarding your user ID and password. You agree not to disclose or otherwise make these codes available to anyone not authorized to sign your accounts. You must immediately notify us and select a new password if you believe your password may have become known to an unauthorized person. No Ulster Savings Bank employee, nor any company affiliated with Ulster Savings Bank Online Banking will contact you via e-mail, phone or in writing requesting your user ID or password. If you are contacted by anyone requesting this information, do not provide the information and notify us immediately.
If you have both business and personal account(s), we strongly recommend that you use a separate user ID and password for business and personal account(s) but you may elect to disregard our recommendation to use a separate user ID and password. You agree to be solely responsible for all risks and losses arising out of and from your election to use a single user ID and password and hereby release us from any and all claims, causes of action and losses.
Fees and Charges
There is no monthly service charge for accessing Online or Mobile Banking or for paying bills, unless you request an overnight check, and the expedited fee is $14.95 or a same day electronic bill payment, and the expedited fee is $9.95.
If you notify us, in writing, to terminate your consent to receive required bill payment disclosures through electronic communications; and then request a paper copy of any legally required bill payment disclosure, CheckFree, our bill payment service provider, reserves the right to charge you a reasonable fee not to exceed twenty dollars ($20.00) to fulfill each request.
If you use Online Banking, you may incur charges for:
Typical account fees and service charges;
Any internet service provider fees;
Any wireless service provider fees;
Purchase of computer programs or software.
Mobile Banking
You must be enrolled in Online Banking to utilize Ulster Savings Mobile Banking service.
The Mobile Banking app cost is free. Check with your mobile service provider for any fees they may charge for mobile internet access or text messages.
Ulster Savings does not permit your Passcode or any account information to be stored on your device.
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 (i.e. AT&T, Verizon, etc.) 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, which may include downloading the Software, receiving or sending Mobile Banking text messages, or other use of your Wireless Device when using the Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
Neither we nor any of our service providers assume responsibility for the operation, security, functionality or availability of any related network, Wireless Device or mobile network which you utilize to access Mobile Banking.
You agree to exercise caution when utilizing the Services on your Wireless Device and to use good judgment and discretion when obtaining or transmitting information.
You represent that you are an authorized user of the Wireless Device you will use to access Mobile Banking, and that you are authorized to download and install the Software App on your Wireless Device.
You agree not to give or make available your Mobile Banking password or other means to access your account to any unauthorized individuals. If you permit other persons to use your Wireless Device and PIN or other means to access Mobile Banking, you are responsible for any transactions they authorize. If you believe that your PIN, Wireless Device or other means to access your account has been lost or stolen, or that someone may attempt to use Mobile Banking without your consent, you must notify us in accordance with the notification requirements set forth in the Bank's Electronic Funds Transfer Disclosure.
Future Changes
We have the right to change this Agreement. We will notify you in writing at least twenty-one (21) days before the effective date of any change that will:
Increase any fees or charges or your liability;
Reduce electronic fund transfer services available to you;
Place stricter limits on the frequency of transactions;
Decrease the daily maximum cash you can withdraw in a day.
No advance notice is required for changes that are necessary for security reasons.
Termination of Online or Mobile Banking Services
You agree that we may terminate this agreement and your use of the service, because:
You do not pay any fee required pursuant to this agreement or any other agreement with us;
You do not comply with the agreement governing your deposit account(s) or if any deposit account is not maintained in good standing;
You breach this or any other agreement with us;
We have reason to believe that there has been an unauthorized use of your user ID or password or other security feature;
We notify you or any other party to your account that we have cancelled or will cancel a linked account or this agreement;
Of your inactivity - if you do not log on or have outstanding scheduled bill payments or transfers through our Online Banking, Online Bill Pay or Mobile Banking for 180 days, we may cancel your service without further notice.
You may terminate this agreement for Online Banking, Online Bill Pay or Mobile Banking by notifying us in writing and we shall have a reasonable period of time to terminate your service(s). Termination of this agreement will not affect the rights and responsibilities of the parties under this agreement for transactions initiated before termination.
Other Provisions
There may be a delay between the time a deposit is made to your account and when it will be available for withdrawal. You should review our Funds Availability Policy to determine the availability of the deposited funds. You agree to maintain sufficient collected funds in your account to cover any authorized transfers or payments. If you do not have sufficient funds in your account, we may charge you for each transaction that we are unable to process or that we process against uncollected funds. You should contact the bank for our current Fee Schedule. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance or otherwise require us to increase our required reserve on the account. We will make payment either by transferring funds electronically to the payee or by mailing a check to the payee within five (5) business days and we will not be liable for any service fees or late charges which may be imposed against you.
In addition to Ulster Savings Bank's Online and Mobile Banking Agreement terms and conditions, your account(s) will also be governed by Ulster Savings Bank's Electronic Fund Transfer (EFT) disclosures and all other terms and conditions for your account will continue to apply as well. Use of this service is subject to existing regulations governing your account and any future changes to those regulations.
In this Disclosure, the words "you" and "your" mean those who sign up for the services under this agreement; joint account holders* or any other authorized user(s). The words "we", "us", "our" and "Bank" mean Ulster Savings Bank.
You have read and agreed to all of the terms, conditions and disclosures under this agreement and have read and agreed to all of the terms, conditions and disclosures at the time your account was opened and subsequent disclosures since that date.
Alerts
Alerts will be sent to the email address you have provided as your primary email address for Online Banking. General and Security alerts can also be sent to a mobile device that accepts text messages.
Bank
This means Ulster Savings Bank.
Business Days
Every day is a business day, except Saturdays, Sundays and Federal holidays.
Limitations on Frequency of Transfers
Telephone Banking transfers and/or Online Banking transfers from a savings account or money market deposit account to another of your accounts may be limited to six (6) per month or statement cycle.
Error Resolution
In case of errors or questions about your electronic transactions, you can contact us at (866) 440-0391 or write to us at Ulster Savings Bank Attn: Customer Service, 180 Schwenk Drive, Kingston, NY 12401.
Contact us immediately if you think:
- Your statement or transaction record is wrong
- You need more information about a transaction listed on your statement
- An unauthorized person has discovered your Online or Mobile Banking passcode
- Someone has transferred or may transfer money from your account without your permission
- Bill payment transactions have been made without your authorization
We must hear from you no later than 60 days after we have sent the first statement on which the problem or error appeared (or 90 days if the problem or error relates to a bill payment from an account maintained at another financial institution).
If you tell us verbally, we may require you to send us your complaint or question in writing or via email within ten (10) bank business days (Online Banking customers may use secure online mail). When you contact us, please provide the following information:
- Your name and account number
- The date and dollar amount of the transaction in question
- The name of the Payee if the transaction in question is a payment
- The transaction number assigned by Online Banking, if available
- A description of the transaction about which you are unsure
Please explain as clearly as you can why you believe there is an error or why you need more information.
We will tell you the results of our investigation within 10 bank business days after we hear from you, and we will promptly correct any error we have made. If we need more time, however, we may take up to 45 days to investigate your complaint or question. In this case, we will provisionally credit your account within 10 bank business days for the amount you think is in error, so that you have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing, and we do not receive your letter in 10 bank business days, we reserve the right not to provisionally credit your account.
If we conclude there was no error, we will send you a written explanation within three (3) bank business days after we complete our investigation. You may request copies of the documents that we used in our investigation.
Limitation of Liability for Online Banking Transactions
Tell us at once if you believe your Online Banking passcode has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available under your overdraft protection plan.
You will have no liability for unauthorized transactions* if you notify us within 60 days after the statement showing the transaction has been mailed to you (or 90 days if the transaction was from an account maintained at another financial institution). If you do not, you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60-day period (or 90 day period if the transaction was from an account maintained at another financial institution), if we can show that we could have stopped the transaction if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods.
WHEN YOU GIVE SOMEONE YOUR ONLINE BANKING ID AND PASSCODE, YOU ARE AUTHORIZING THAT PERSON TO USE YOUR SERVICE, AND YOU ARE RESPONSIBLE FOR ALL TRANSACTIONS THAT PERSON PERFORMS WHILE USING YOUR SERVICE. ALL TRANSACTIONS THAT PERSON PERFORMS EVEN THOSE TRANSACTIONS YOU DID NOT INTEND OR WANT PERFORMED ARE AUTHORIZED TRANSACTIONS. FOR SOLE PROPRIETORS, YOU ARE RESPONSIBLE FOR ALL TRANSACTIONS PERFORMED BY YOU AND ANY DESIGNATED USER(S), INCLUDING ADMINISTRATOR(S), WHETHER YOU SPECIFICALLY AUTHORIZE THE TRANSACTIONS OR NOT. IF YOU NOTIFY US THAT THE PERSON IS NO LONGER AUTHORIZED, THEN ONLY TRANSACTIONS THAT PERSON PERFORMS AFTER THE TIME YOU NOTIFY US ARE CONSIDERED UNAUTHORIZED.
Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
For your protection, sign off after every Online Banking session and close your browser to ensure confidentiality.
*Note: These liability rules are established by Regulation E. Regarding unauthorized debit card or ATM Card transactions, and unauthorized Online Banking transactions on consumer deposit accounts we may give you more protection, provided you report the transactions promptly. Please see the agreement you received with your ATM or debit card and the Online Banking agreement. Also, the state law applicable to your account may give you more time to report an unauthorized transaction or may give you more protection.
Our Liability for Failure to Complete Transactions
If we do not complete a transaction to or from your account on time, or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. For instance, we will not be liable:
- If, through no fault of ours, you don't have enough available funds in your account (or available funds under your overdraft protection plan), or credit to cover the transaction or transfer
- If Online Banking services weren't working properly, and you knew about the malfunction when you started the transaction or transfer
- If circumstances beyond our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions we've taken
- If there are postal delays or processing delays by the Payee
- There may be other exceptions not specifically mentioned
PRIVACY
We maintain procedures to protect confidential information about you and your use of our products and services. Our information practices are fully detailed in Ulster Savings Bank Privacy Notice. By enrolling in any Service, you agree to receive our Privacy Notice electronically. This means that you can access our current Privacy Notice at any time on our Website, and that the Bank will no longer annually mail you a paper copy for as long as you remain enrolled in any Service and there is no change to the Ulster Savings Bank Privacy Notice.
DISCLAIMER OF WARRANTIES; OUR RESPONSIBILITY AND LIMITATION OF LIABILITY
The Deposit Agreement, User Agreement, and our EFT Disclosure Statement describe our responsibility for completing electronic funds transfers and electronic payments, and our exceptions from liability for our failure to do so. This Agreement applies to your online transactions under the Services. WE WILL ALSO HAVE NO LIABILITY WHATSOEVER FOR FAILURE TO COMPLETE A PAYMENT OR TRANSFER YOU INITIATE OR ATTEMPT TO INITIATE THROUGH THE SERVICE UNDER ANY OF THESE CIRCUMSTANCES: (1) if the transfer or payment could not be completed due to Systems Unavailability or due to any circumstances beyond our control, including, without limitation, acts of God, any malfunction of your Internet access equipment, any internet virus, Trojan horse, worm or other hostile software code, or any problem that may be associated with your use of any Service or (2) if the payment was a tax payment, a court ordered payment or payment to a payee outside the U.S.A. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY SERVICE.
YOU AGREE THAT NEITHER WE NOR OUR SERVICE PROVIDERS WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR WEBSITE OR ANY RELATED SERVICES; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE OR RELATED SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON OUR WEBSITE OR IN ANY RELATED SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR WEBSITE OR ANY RELATED SERVICES.
Additional Provisions Applicable Only to Business Accounts (other than Sole Proprietors)
You agree that we may send notices and other communications, including passcode confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that the bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: 1) keep your passcode secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you give your passcode that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new passcode if you believe your passcode may have become known to an unauthorized person. Ulster Savings Bank will have no liability to you for any unauthorized payment or transfer made using your passcode that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your passcode even without receiving such notice from you, if we suspect your passcode is being used in an unauthorized or fraudulent manner.
Systems Unavailability
The Service may be unavailable when systems require maintenance or upgrades or major unforeseen events occur, such as earthquakes, fires, floods, computer failures, interruptions in telephone service, electrical outages, civil unrest or riots, war, or acts or threaten acts of terrorism or other circumstances beyond our control. We shall have no liability for interruptions or delays in Services due to Systems Unavailability.
Assignment of this Agreement
You may not transfer or assign this Agreement without our prior written approval, and any unauthorized assignment or transfer will be null and void. We may assign or transfer this Agreement at any time without notice.
Governing Law Our Website and this agreement (excluding linked sites) shall be governed by the laws of the State of New York, and the federal laws of the U.S.A, without regard to any conflicts of law principles.
Severability: Paragraph headings
If any term of this Agreement is declared invalid or unenforceable by any court, the remaining terms of this Agreement will not be affected, and this Agreement will be interpreted as if the invalid terms had not been in place for this Agreement. Paragraph headings do not limit or define either party's rights or obligations.
Transfer Now Agreement
Welcome to Online Money Movement! – the next generation of on-line personal finance management. With our fully interactive online money movement service (the "Online Money Movement Service" referred to in this agreement as the “Service”, includes Transfer Now), you may transfer funds from any of your accounts at any financial institution to any other account held by you or another person at the same or another financial institution – referred to in this agreement as “Accounts” – assuming, of course, that the transfer is permitted by your financial institution and by law.
Please take a few minutes to read this Online Money Movement Service Agreement (referred to throughout as the “Agreement”). Any reference to Ulster Savings Bank in this Agreement includes any trustees, officers, employees, contractors, service providers, agents or licensees of Ulster Savings Bank. As used in this Agreement, the words “you” and “your” refer to you as the user of the Service; the words “we,” “us,” “our” and any other variation thereof refer to Ulster Savings Bank. When you’re ready, click the “I Agree to accept these terms and conditions” button to start enjoying the convenience and financial security of Online Money Movement!
Acceptance of Terms
This Agreement sets out the terms and conditions (the "Terms") on which our service provider and Ulster Savings Bank will provide and you may use the Service and forms part of a legally binding agreement between you and Ulster Savings Bank. When you click on the “I Agree to accept the terms and conditions” button, you will complete an application to receive the Online Money Movement Service, and you agree to accept the Terms, including any amendments to this Agreement or any changes in the Terms. Your application may be accepted or declined by our service provider and/or Ulster Savings Bank based on specific criteria. If you do not agree to all of the Terms, do not accept the Terms & Conditions. If you do not accept and agree to all of the Terms, you will not be entitled to use the Service. Ulster Savings Bank reserves the right to change the Terms under which the Service is offered in its sole discretion at any time; however, Ulster Savings Bank will notify you of any material change to the Terms. In most cases, you will receive the notice on-line the next time you log in; however, Ulster Savings Bank reserves the right to notify you by e-mail or by conventional mail, in its discretion. You agree that if you continue to use the Service after we notify you of any change, you thereby accept the changes to the Terms and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the Service. You can review, download and print the most current version of this Agreement by consulting with Ulster Savings Bank. If you do not agree to the changes, or if at any time you wish to discontinue your use of the Service, you can unsubscribe by contacting Ulster Savings Bank. Once your account with Ulster Savings Bank has terminated for any reason, you will have no further right or access to use the Online Money Movement Service. To use the Online Money Movement Service you must be at least eighteen (18) years old and be a resident of the United States.
Information Authorization
By clicking on the “I Agree to accept the terms and conditions” button, you authorize Ulster Savings Bank and our service provider to obtain such additional information as we deem reasonably necessary to insure that you, or persons to whom you may transfer funds, are not using our Service in violation of law, including, but not limited to, laws and regulations designed to prevent “money laundering” or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.
Once you are approved for the Online Money Movement Service we may verify your Accounts that you add to the Service from time to time. You authorize us to validate the Accounts through the use of a test transfer, in which one or more low value payments will be both credited to and debited from the Account. The test credit will always occur before the test debit and will always be of the same or lesser amount, so that the balance in any of your Accounts will never be less than the actual balance.
Once the test transfer is complete we may ask you to access your Account to tell us the amount of the test credit or debit or any additional information reported by your bank with this test transfer. We may also verify Accounts through requiring the entry of information you ordinarily use to access the Account provider’s web site, or by requiring you to submit proof of ownership of the Account.
User Content
Subject to Ulster Savings Bank's Privacy Policy, you agree that Ulster Savings Bank may use, copy, modify, display and distribute any information, data, materials or other content (the "Content") you provide to Ulster Savings Bank for the purpose of providing the Service, and you hereby give Ulster Savings Bank a license to do so. By submitting Content, you represent that you have the right to license such Content to Ulster Savings Bank for the purposes set forth in this Agreement.
Accounts
You understand that in order to complete fund transfers, it is necessary for Ulster Savings Bank and our service provider to access the websites and databases of your bank and other institutions where you hold Accounts, as designated by you and on your behalf, to retrieve information and effect the fund transfers you request. By using the Service, you represent and warrant to us that you have the right to authorize and permit us to access your Accounts to effect such funds transfers or for any other purpose authorized by this Agreement, and you assure us that by disclosing and authorizing us to use such information you are not violating any third party rights. You warrant and represent that the information you are providing us with is true, current, correct and complete. You hereby authorize and permit Ulster Savings Bank and our service provider to use information submitted by you to accomplish these purposes and to configure the Service to be compatible with the Accounts.
For as long as you are using the Service, you give to Ulster Savings Bank and our service provider a limited power of attorney and appoint Ulster Savings Bank and our service provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the Accounts, effect funds transfers as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as you might or could in person. Once Ulster Savings Bank and/or our service provider has actual knowledge that you wish to cease using the Online Money Movement Service as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by Ulster Savings Bank and/or our service provider in good faith before it has actual knowledge of termination by you and has a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you.
You understand and agree that at all times your relationship with each Account provider is independent of Ulster Savings Bank and your use of the Online Money Movement Service. Ulster Savings Bank will not be responsible for any acts or omissions by the financial institution or other provider of any Account, including without limitation any modification, interruption or discontinuance of any Account by such provider.
YOU ACKNOWLEDGE AND AGREE THAT WHEN ULSTER SAVINGS BANK AND OUR SERVICE PROVIDER IS EFFECTING A FUNDS TRANSFER FROM OR TO ANY OF YOUR OR A RECIPIENT’S ACCOUNTS, ULSTER SAVINGS BANK AND OUR SERVICE PROVIDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. You agree that Ulster Savings Bank, its affiliates, service providers and partners shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.
Not all types of accounts are eligible for Online Money Movement Service. Be sure to check with your financial institution for restrictions regarding transfers among your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. We are not responsible for any costs or losses incurred from fund transfers that are not permitted under such restrictions by the provider of your Account or those imposed by applicable law.
Electronic Communications
- General Consent; Categories of Records. The Online Money Movement Service is an electronic, Internet based-service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
- This Agreement and any amendments, modifications or supplements to it.
- Your records of funds transfers and other transactions through the Service, including without limitation confirmations of individual transactions.
- Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law.
- Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service.
- Any other communication related to the Service.
Although Ulster Savings Bank reserves the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of any electronic Communication that is important to you and retain the copy for your records. If you do not agree to receive this Agreement or the Communications electronically, you may not use the Service.
- How to Withdraw Consent. If you have registered for the Service and you wish to withdraw your consent to have Communications provided in electronic form, you must cancel any pending transfer requests (within the time period permitted by the Service cancellation policies) and contact Ulster Savings Bank to cancel the Service. There are no fees to cancel a pending transfer request (as long as such cancellation is made within the time period permitted by the Service cancellation policies).
- How to Update Your Records. You agree to promptly update your registration records if your e-mail address or other information changes. You may update your records, such as your e-mail address, by using the Preferences or Settings page.
- Delivery of Electronic Communications. Communications may be posted on the pages of the Service website or other website disclosed to you and/or delivered to the e-mail address you provide. Any electronic Communication sent by e-mail will be deemed to have been received by you when Ulster Savings Bank or our service provider sends it to you, whether or not you received the e-mail. If the Communication is posted on the Service, then it will be deemed to have been received by you no later than five (5) business days after Ulster Savings Bank or our service provider posts the Communication on the pages of the Service, whether or not you retrieve the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by Ulster Savings Bank’s or service provider’s e-mail server to the appropriate e-mail address. An electronic Communication made by posting to the pages of the Service is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.
- Hardware and Software Requirements. In order to access and retain Communications, you must have:
- A current Internet browser that supports 128-bit encryption and allows third party cookies.
- An e-mail account and e-mail software capable of reading and responding to your e-mail.
- A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing.
- Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit.
Privacy Policy and Confidentiality
We regard your privacy and security with the utmost importance, and we are absolutely committed to safeguarding any information that you share with us. In order to provide the Online Money Movement Service, we must obtain from you certain personal information about you, your Accounts, and your transactions (referred to herein as “User Information”). You represent that you have the right to provide such User Information and that you give us the right to use the User Information in accordance with our privacy policy.
All of your personal and financial information will be placed on a secure portion of our website. We do not use any persistent “cookies” on the browser to store any personal information. We have multiple levels of security that have been designed especially for us. You can see a full description of our privacy policy by clicking on "Privacy Policy" in Online Banking.
Password
You are responsible for maintaining the confidentiality of your Ulster Savings Bank customer number and password. No one at Ulster Savings Bank has access to your Account passwords. You are responsible for uses of the Service whether or not actually or expressly authorized by you. Therefore, it is important that you DO NOT SHARE YOUR ACCOUNT NUMBER OR PASSWORD WITH ANYONE FOR ANY REASON. No one at Ulster Savings Bank will know or need to know your password, and Ulster Savings Bank employees will never ask for your password.
In the Event of Unauthorized Transfer
If you believe your password has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, contact us using the instructions on our site.
Consumer Liability
You agree to notify us AT ONCE if you believe your password has been lost or stolen. Telephoning us promptly is the best way to protect yourself from possible losses. If you never tell us, you could lose all of the money in your account (plus your maximum overdraft line of credit). However, if you tell us within 2 business days, you can lose no more than $50 if someone used your password without your permission.
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 without your permission if you had told us, you could lose as much as $500.
You can see a complete statement of all your funds transfers effected or pending at any time by clicking on the Activity tab. If your statement shows transfers that you did not make, notify us AT ONCE. If you do not tell us within 60 days after the transfer was posted to your statement, you may not get back any money you lost after the 60 days, if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Business Days
The Service will process requests for transfers on business days. Every day is a business day, except Saturdays, Sundays, and Federal holidays.
Transfer Types and Limitations
Types of Transfers
You may use your Ulster Savings Bank password to access Funds Transfer within the Service to transfer funds between any two of your Accounts about which you have provided the necessary information to Ulster Savings Bank. Transfers can be between Accounts within our Ulster Savings Bank and another financial institution.
Some of these services may not be available at all times. We may from time to time make available additional or new features to the Service, including but not limited to, a next day service and a higher limit service. You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply. Please ensure that you have sufficient funds to affect any funds transfers from your Accounts. We may at any time decline to effect any funds transfer that we believe may violate applicable law.
Frequency of Transfers
We do not limit the number of funds transfers you may make; however, you may not make funds transfers in excess of the number of funds transfers allowed by the rules governing the applicable Accounts. We may from time to time for security and risk management reasons modify the limit, the frequency and the dollar amount of transfers you can make using our Service.
Dollar Amount of Transfers
You may not make funds transfers in excess of limits described on the Service. We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using our Service. Without limiting the foregoing, in the event that your use of the Service has been suspended and reinstated as provided herein (see “Suspension and Reinstatement of Transfer Now Service” below), you understand and agree that your use of the Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.
Transfers subject to the Rules of the Accounts
Additionally, all funds transfers are also subject to the rules and regulations governing the relevant Accounts. You agree not to effect any funds transfers from or to an Account that are not allowed under the rules or regulations applicable to such accounts including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations.
Rejection of Transfers
We reserve the right to decline to effect any funds transfer, to submit funds transfer instructions or orders or to carry out change or cancellation requests.
Authorization
You authorize us to select any means to execute your funds transfer instructions. You understand that to execute your funds transfer instruction we utilize the Automated Clearing House (ACH), using applicable ACH Rules, we debit one of your Accounts and credit another of your Accounts or an account of a Recipient. Once your Account has been debited, we credit our service provider’s transfer account at the service provider’s clearing bank. After our service provider and/or its clearing bank are reasonably certain that the debit will not be returned (in most cases this is usually between 3-4 banking days), our service provider will credit your or the Recipients Account. The sole purpose for our service provider’s transfer account is to complete your funds transfer requests and for performing the services within the scope of this Agreement. The service provider earns no interest on the funds in the transfer account. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize our service provider to collect from the Account to which the credit side of the funds transfer was sent. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. To effect this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original funds transfer or a portion of the debit. There may be a fee associated with such collection imposed by the financial institution holding the Account.
You understand and agree that we may from time to time impose additional charges in connection with your funds transfer transactions. Ulster Savings Bank will notify you of such fee in advance of the transaction. If you choose to proceed with the transaction, you authorize Ulster Savings Bank to debit your account in the amount indicated.
In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account in accordance with this Agreement (see “Documentation,” below).
If you have requested for a funds transfer to a Recipient, you must provide us with a true, correct, current email address for such Recipient. We will contact the Recipient, and ask the Recipient to provide us with certain information, such as the account number and financial institution that they wish to transfer the funds to. If the Recipient fails to reply to the email or fails to follow the instructions provided by us, we will notify you and credit your Account for the amount of the transfer.
Suspension and Reinstatement of Transfer Now Service
In the event that we at any time incur a problem with your use of the Service, including without limitation a fail in attempting to debit any of your Accounts or to collect with respect to any of your funds transfers as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect itself from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided for under this Agreement (see “Error Reporting and Claims,” below). We reserve the right in its sole discretion to grant or deny reinstatement of your use of the Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Service, Ulster Savings Bank in its sole discretion may thereafter restore your ability to effect transfers subject to such higher limits as may then be in effect (see “Dollar Amount of Transfers,” above).
Documentation
You may access a statement of all funds transfers effected or pending at any time by signing into your online banking. If a transfer could not be completed, Ulster Savings Bank and/or our service provider, upon learning that the funds transfer has failed, will make a reasonable effort to complete the transfer again. If the funds transfer fails a second time, we will notify you to contact your financial institution or other provider of the relevant Account to learn more about the failure.
Your Responsibility for Errors
You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you, to submit funds transfer instructions on your behalf. You understand that financial institutions receiving the funds transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide us with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, Ulster Savings Bank reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
Error Reporting and Claims
In case of errors or questions about your funds transfers, contact us as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. You can see a complete statement of all your funds transfers effected or pending at any time by signing into your online banking. We must hear from you within 60 days after we FIRST posted the transfer to your statement.
(1) Tell us your name, and the account number of the Account to which the error relates. (2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information. (3) Tell us 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 we committed an error within 10 business days (20 business days for new member accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for new member accounts) to investigate your complaint or question. If we decide to do this, we will credit/debit the applicable Accounts within 10 business days (20 business days for new member accounts) for the amount you believe is in error, so that you or your intended Recipient will have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within 10 business days, we may not credit/debit the applicable Accounts.
We will tell you the results within three business days after completing our investigation. If we decide that we did not make an error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation.
We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of financial institutions holding the Account or the account of your Recipient. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution or the Recipient. Any rights you may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.
Proprietary Rights
You acknowledge and agree that Ulster Savings Bank and/or our service provider owns all rights in and to the Online Money Movement Service. You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile Ulster Savings Bank and/or our service provider’s Online Money Movement Service or any of Ulster Savings Bank and/or our service provider's services or technology.
No Unlawful or Prohibited Use
As a condition of using the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
Service Changes and Discontinuation
We may modify or discontinue the Service or your account with us, with or without notice, without liability to you, any other user or any third party. We reserve the right, subject to applicable law, to terminate your account and your right to use the Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or the rights of Ulster Savings Bank and/or our service provider, or if you provide us with false or misleading information or interfere with other users or the administration of the Services. We reserve the right to charge a fee for the use of the Service and any additional services or features that we may introduce. You understand and agree that you are responsible for paying all fees associated with the use of our Online Money Movement Service.
You may terminate your account with Ulster Savings Bank at any time by contacting us. Once your account with Ulster Savings Bank has terminated for any reason, you will have no further right or access to use the Service, and Ulster Savings Bank will not access your Accounts thereafter for any reason.
Links To Third Party Sites
The Ulster Savings Bank website may contain links to other websites ("Linked Sites"). Such links are provided solely as a convenience to you. Ulster Savings Bank does not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that Ulster Savings Bank, its affiliates and partners are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and makes no representations or warranties regarding the Linked Sites or your use of them.
Security Procedures
You understand that the financial institution at which an Account is maintained may contact us to verify the content and authority of funds transfer instructions and any changes to those instructions. You understand that, as your agent, we may provide to such financial institution such information as may be required to verify the instructions and may constitute a valid security procedure under the rules governing such Account.
Deviating from Security Procedures
You agree to allow us to authorize any financial institution at which you have an Account to accept funds and transfer instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed by you directly or by us on your behalf. In addition, you agree that we may authorize such financial institutions to charge and debit your accounts based solely on these communications.
Account Number Policy
If funds transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that we have no responsibility to investigate discrepancies between names and numbers.
Joint Account Holder
In submitting your application for the Online Money Movement Service, you confirm that, if any of your Accounts is a joint account, your joint account holder has consented for you to use your Accounts for the Service. We will end your use of the Service if any joint account holder notifies us that (i) they never consented to your use of our Online Money Movement Service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) they are withdrawing consent for you to operate the joint account.
Means of Transfer
You authorize us to select any means we deem suitable to provide your funds transfer instructions to the applicable financial institution. These choices include banking channels, electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as CHIPS or automated clearing house (ACH) as published by the National Automated Clearinghouse Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the normal period and if any interest is earned will be the property of Ulster Savings Bank.
Our Liability
If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient’s account. Ulster Savings Bank is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise required by law, Ulster Savings Bank shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Ulster Savings Bank hereunder.
You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line.
You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a funds transfer or if the Ulster Savings Bank website was not working properly and you knew about the breakdown when you started the funds transfer.
Limitation of Warranty and Liability
YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON THE ULSTER SAVINGS BANK WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend and hold harmless Ulster Savings Bank, its affiliates, partners, officers, trustees, employees, consultants, service providers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Online Money Movement Service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your Ulster Savings Bank account, of any intellectual property or other right of any person or entity.
Recipient
In the event that you are an intended Recipient, another customer (the “Transferor”) has instructed us to transfer funds (the “Funds”) to an account you designate at your bank or other financial institution (the “Account”). In addition to the Terms herein, you agree to accept the terms and conditions set forth below.
You authorize us to transfer the Funds to your Account. In order for us to complete the transfer, you will be prompted to provide us with the following information (the “Information”): 1) your full name; 2) your current residential address; 3) the name of your bank or financial institution and ABA routing number (the 9-digit number that appears on the far left of the bottom of your check) of the financial institution which holds your Account; 4) the Account number; and 5) a secret word or phrase known only to you and the transferor. We will utilize the Automated Clearing House (ACH) system to send the Funds to your Account. We will act on the information provided by you in completing ACH credit instructions to your Account. If for any reason your financial institution returns the ACH credit or the credit goes to the wrong financial institution or Account because you have provided us with incorrect information, we may in our sole discretion, take reasonable efforts to complete the credit transaction or return the Funds to the Transferor.
You agree not to impersonate any person or use a name that you are not authorized to use. You warrant and represent that you are the person intended by the Transferor and entitled to receive the Funds; that you are not a person whose Accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department; and that the Information you will provide is true, correct and complete.
We reserve the right to decline to complete any transfer, even after you have agreed to all of the Terms, if we have reason to believe that completing the transfer would result in a violation of law or expose us to liability or risk of loss. If the transfer is rejected for any reason, the funds will be returned to the Transferor.
Miscellaneous
You understand and agree that our service provider is not a bank, a broker-dealer firm, or any other kind of financial institution. You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Accounts linked for the purposes of the Online Money Movement Service; and that you are rightfully authorizing us to access the Accounts.
You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. Ulster Savings Bank’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Ulster Savings Bank’s right to subsequently enforce such provision or any other provisions of this Agreement.
The most current version of this Agreement as it appears on our website, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Online Money Movement Service. This Agreement may be amended, or any of Ulster Savings Bank's rights waived, only if Ulster Savings Bank agrees in writing to such changes, or you continue using the Online Money Movement Service following receipt of notice of any changes proposed by Ulster Savings Bank. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through the Services, at Ulster Savings Bank's discretion. All notices to Ulster Savings Bank must be made in writing. This Agreement is personal to you and you may not assign it to anyone.
If either of us has any dispute or disagreement with the other regarding this Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then-current rules and procedures of the American Arbitration Association. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
This Agreement shall take effect immediately upon the acceptance of your application for the Online Money Movement Service by us.
MOBILE REMOTE DEPOSIT SERVICES AGREEMENT
Mobile Deposit is designed to allow you to take a picture of your check (“original checks”) with a mobile device and upload it for deposit to your Ulster Savings Bank deposit accounts. When you sign up for Mobile Deposit, you agree to the terms of this Agreement in addition to the terms of your Ulster Savings Bank deposit account agreement. After you login to your Ulster Savings Bank Mobile Banking App, you may apply for Mobile Deposit.
Limits. Mobile Deposits are limited in amount to $10,000 per day.
Eligibility. To use Ulster Savings Bank Mobile Deposit, use must have a checking or savings account and your account must be in good standing. Failure to abide by the terms of this agreement may void your eligibility, in Ulster Savings Bank’s sole discretion.
Eligible items. You agree to scan and deposit only checks (i.e., drafts drawn on a credit union, savings and loan or bank located in the United States and payable on demand.)
You agree that you will not use Mobile Deposit to deposit:
- Checks payable to any person or entity other than you (i.e., payable to another party and then endorsed to you).
- Checks payable to you and another party who is not a joint owner on the account.
- Checks that contain evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
Requirements. Each image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), any required identification written on the front of the original check and any endorsements applied to the back of the original check. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.
Endorsements must be made on the back of the share draft or check within 1½ inches from the top edge, although we may accept endorsements outside this space. Your endorsement must include your signature. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.
If a check is payable to two payees both payees must be joint owners on the account. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and your joint owner, both of you must endorse the check.
Hardware. In order to use Mobile Deposit you'll need to get and pay for the hardware and software that is required to use Mobile Deposit. This would be an Apple iPhone or Android Smartphone with a working camera that is capable of downloading and running the Ulster Savings Bank Mobile Banking App. The Ulster Savings Bank Mobile Banking App for both iPhone and Android devices is provided at no cost to you. Wireless carrier data usage rates may apply.
Receipt of Deposit. All images processed for deposit through Mobile Deposit will be treated as “deposits” under your current Account Agreement with us and will be subject to all terms of the Account Agreement. When we receive an image, we will confirm receipt via email to you. We shall not be deemed to have received the image for deposit until we have confirmed receipt to you. Confirmation does not mean that the image contains no errors. We are not responsible for any image that we do not receive.
Following receipt, we may process the image by preparing a “substitute check” or clearing the item as an image.
We reserve the right, at our sole and absolute discretion, to reject any image for remote deposit into your account. We will notify you of rejected images. Please refer to the Funds Availability section details.
Original checks. After you receive confirmation that we have received an image, you must securely store the original check for 15 business days after transmission to us and make the original check accessible to us at our request. Upon our request from time to time, you will deliver to us within 5 business days, at your expense, the requested original check in your possession. If not provided within 5 business days the amount of the check being requested will be removed from your account. Promptly after 15 business days from original check transmission, you must destroy the original check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an original check, the image will be the sole evidence of the original check.
You agree that you will never re-present the original check if the deposit is accepted. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.
Returned Deposits. Any credit to your account for checks deposited using Mobile Deposit is provisional (Please refer to our Funds Availability Disclosure for details). If original checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
We may debit any account in which you have an ownership interest to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
Your Warranties. You make the following warranties and representations with respect to each image:
- Each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
- The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate.
- You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid.
- There are no other duplicate images of the original check.
- The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.
- You are authorized to enforce and obtain payment of the original check.
- You have possession of the original check and no party will submit the original check for payment.
With respect to each image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
Compliance with Law. You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.
Mobile Deposit Unavailability. Mobile Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. In the event that Mobile Deposit is unavailable, you may deposit original checks at our branches or through our ATMs or by mailing the original check to:
Ulster Savings Bank
Attn: Customer Service Department
180 Schwenk Drive
Kingston, NY 12401
Funds Availability. Subject to the limitations set forth herein regarding rejected images and provisional deposits, Mobile Deposits confirmed as received before 6 PM eastern on a business day will be credited to your account the same day. Deposits confirmed received after 6 PM eastern and deposits confirmed received on holidays or days that are not our business days will be credited to your account on the following business day. The first $275 of your deposits, will be made available immediately, the remainder of your funds will be made available 2 Business days after the day of your deposit.
Business Days. Every day is a business day, except Saturdays, Sundays and Federal holidays.
Mobile Deposit Security. You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone to 1-866-440-0391 and also provide written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
Fees. Mobile Deposit is provided at no charge to you. We may, upon at least 30 days prior notice to you, to the extent permitted by applicable law, charge a fee for use of the Mobile Deposit. If you continue to use Mobile Deposit after the fee becomes effective, you agree to pay the service fee that has been disclosed to you, as may be amended from time to time.
Your Responsibility. You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.
In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. We and our technology partners, inclusive of, but not limited to, Fiserv and Ensenta Corporation, retain all rights, title and interests in and to the Services, Software and Development made available to you.
Accountholder’s Indemnification Obligation. You agree to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of the Services and/or breach of this Disclosure and Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF ANY REMOTE DEPOSIT AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE DEPOSIT SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE DEPOSIT WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED.
LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.