Internet Banking Terms and Conditions Agreement
This Agreement describes your rights and obligations as a user of the On-line Banking Service ("Service" or "Services"). It also describes the rights and obligations of HVB. Please read this Agreement carefully. As an authorized account holder you must abide by the terms and conditions of this agreement, and those provided to you at account opening, in order to use this Service.
It is hereby agreed by and between HVB and you that this agreement shall govern the terms and conditions of the use of the Services and intending to be legally bound HVB and you agree as follows:
Customer Disclosure and Agreement to Receive Electronic Communications
By selecting the "I Accept" button below, you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with HVB for the provision of certain On-line Banking Services, may be in electronic form, (3) agreeing that certain information that may be delivered in connection with the Services may also be in electronic form, and (4) your acceptance of this agreement is in accordance with and subject to the Electronic Transaction Act (73 P.S. § 2260.101 et. seq.).
You are acknowledging receipt of the following information and agree that:
The following definitions apply in this Agreement.
ACCESS TO SERVICES
HVB will provide on-line instructions describing how to use the On-line Banking Service. To gain access to this Service you will need your Access ID and your Passcode.
HOURS OF OPERATION
The Services are generally available 24 hours-a-day, 7 days a week, except during special maintenance and upgrade periods, which routinely are scheduled between 12:00 a.m. and 5:00 a.m. Monday mornings.
USE OF YOUR SECURITY PASSCODE
The safety of our customers' accounts and account information is of paramount importance to HVB. We go to great lengths to protect confidentiality and the security of your account, and urge you to do the same. You agree not to allow anyone to gain access to the Services or to let anyone know your Passcode or ID used with the Services. You agree to assume responsibility for all transactions initiated by you, by anyone within your knowledge or by anyone to whom you provided your ID and or passcode, up to the limits allowed by applicable law. While HVB continues to provide our customers with the level of on-line security we believe necessary and appropriate, customers who share their User-IDs and Passcodes are giving up the full benefit of our security measures and legal protections to which they may be entitled. No HVB representative will ever call and ask for your UserAccess ID or User Passcode.
IF YOUR PASSCODE OR USER ID HAS BEEN LOST OR STOLEN
If your Passcode or ID has been lost or stolen, call HVB immediately at (267)-280-4000 x 6228, 24 hours a day 7 days a week. If you call us during non-business hours, please leave a message with a telephone number where we can contact you the next business day we are opened. Any of the ways listed below for notifying HVB are appropriate, but telephoning us is the best way of minimizing your loss. You may also write us at 2005 S. Easton Rd - Suite 304, Doylestown, PA 18901, e mail us at firstname.lastname@example.org or you may also report a lost or stolen card or PIN in person at any of our office locations. Address information is available on your monthly statement or at; http://www.myhvb.com. You may also restore the security of your Service by immediately changing your Passcode. If you believe your Passcode or ID has been lost or stolen and you notify us within two Business Days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your Passcode or ID to conduct unauthorized electronic funds transfers without your permission. If you do NOT notify us within two Business Days after you learn of the loss or theft of your Passcode, or ID and we can prove we could have stopped someone from using your Passcode or ID to conduct unauthorized electronic funds transfers without your permission if you had told us, you could lose as much as $500.00.
BANKING TRANSACTIONS WITH ON-LINE BANKING
In addition to viewing account information, you may use On-line Banking to conduct the following transactions:
NOTE: Because regulations require HVB to limit pre-authorized transfers (including On-line Banking transfers), the following limitations apply:
New services may be introduced for On-line Banking from time to time. HVB will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
For accounts that receive statements, you will continue to receive your regular account statement either monthly or quarterly, depending on the type of account. Passbooks will be updated upon presentment at any HVB office. We suggest you regularly update passbooks accounts you use.
IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE
If your statement or passbook shows transfers that you did not make, notify HVB immediately at (267)-280-4000, or write a letter and send it to:
If you do not notify HVB within sixty (60) days after the statement was mailed to you, you will not recover any money lost after the sixty (60) days which we could have prevented if HVB had been timely notified.
ERRORS AND QUESTIONS
In case of errors or questions regarding an On-line Banking transaction, you may call HVB at (267)-280-4000, or write a letter and send it to:
We must hear from you at the specified telephone number or address no later than sixty (60) calendar days after we sent you the first statement on which the problem or error appeared. We will need:
If the report is made orally, we may require that you send the complaint or question in writing within ten (10) Business Days from your initial contact. We will notify you with the results of the investigation within ten (10) Business Days after you contact us and will correct any legitimate error promptly. If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) calendar days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) Business Days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) Business Days from your original contact, we may not credit your account until the investigation is completed.
If your notice of error concerns a transaction that occurred during the first 30 days after the first deposit to the account was made, the applicable time periods are 20 Business Days in place of 10 Business Days and 90 calendar days in place of 45 calendar days.
If we determined that no error occurred, we will send you a written notice within three (3) Business Days. You may request copies of the documents that were used in the investigation. If we re-credit your account with the funds while we investigate an error, you must repay those funds to us if we conclude no error has occurred.
You agree that HVB may respond to you by e-mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by HVB shall be considered received within three (3) Business Days of the date sent by HVB, regardless of whether or not you sign on to the Service within that time frame.
Note, if a transaction appears on any statement mailed to you, that statement is considered notice to you of the transaction, regardless of whether the statement account is the donor or the receiving account for the transaction.
LIMIT OF HVB's RESPONSIBILITY
HVB agrees to make reasonable efforts to ensure full performance of On-line Banking. HVB will be responsible for acting only on those instructions sent through On-line Banking which are actually received, and cannot assume responsibility for circumstances over which the bank has no direct control. This includes but not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send. HVB is not responsible for any losses of any kind whatsoever should you give incorrect instructions.
Any information you receive from HVB is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. HVB is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information. or for decisions made using this information.
HVB is not responsible for any fees incurred for Internet access, telephone line fees or for any computer virus or related problems that may be attributable to services provided by any Internet access service provider.
You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing On-line Banking. HVB will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
The limit of HVB's liability shall be as expressly set forth herein. Under no circumstances will HVB be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether foreseeable or unforeseeable. By consenting to use the Services, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.
HVB will be responsible for your actual losses, subject to the limitations stated herein below, only if they were directly caused by our failure to:
However, HVB will not be responsible for your losses if:
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, and we will not be liable for any incidental or consequential damages.
If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
ELECTRONIC MAIL (EMAIL)
If you send HVB an electronic mail message through the Service, HVB will be deemed to have received it on the following Business Day. Emails will be answered within a reasonable timeframe.
You should not rely on electronic mail if you need to communicate with HVB immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur).
You agree that HVB may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by HVB shall be considered received within three (3) days of the date sent by HVB, regardless of whether or not you sign on to the Service within that time frame.
E Mail by its nature is not secure. Therefore, you should never include any personal or private information concerning yourself, any other account holder, or your account information.
In addition to this Agreement, you and HVB agree to be bound by and comply with the requirements of all account agreements provided to you at the time your account was opened which are specifically applicable to your On-line Account usage and transactions. Your use of the On-line Banking service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at HVB, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement. We will automatically deduct any fees related to this Service from your designated account each month. All terms and conditions of the disclosures provided to you at account opening, including but not limited to, the Truth in Savings, Regulation E Disclosure, Depositor's Agreement and Terms and Conditions apply to this Service.
MODIFICATIONS TO THIS AGREEMENT
HVB may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
A copy of HVB's Consumer Privacy Statement is available upon request at any of our branches, or can be mailed to you upon request by calling HVB at (267) 280-4000 x6291, or writing a letter and sending it to:
INACTIVITY / TERMINATION
You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your On-line Banking privileges under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.
If you are not paying a monthly service charge for the Service, we may close your account if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 180 day period. If your account is closed, you must contact us to reopen the account and will be required to pay a fee before you will be able to schedule any transaction through the Service.
If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 180 day period. If your account is considered inactive, you must contact us to have the Service reactivated before you will be able to schedule any transaction through the Service.
To cancel the On-line Banking, you must notify HVB. Your notification should include your name, address and the effective date to stop the service(s). You may notify HVB by one of the following methods:
This Agreement is governed by the laws of the Commonwealth of Pennsylvania and applicable federal law(s). Any dispute arising out of the terms and conditions of this agreement shall be brought exclusively in The Court of Common Pleas of Bucks County Pennsylvania, unless HVB, at its sole option, requires that the dispute be submitted to binding arbitration. Should binding arbitration of the dispute be required by HVB you agree to submit an Application for Arbitration to the office of the American Arbitration Association that is within the closet proximity to the headquarters of HVB.
If any action is brought by HVB against you or you against HVB, whether through a civil action or arbitration, arising out of the terms and conditions of this agreement, the prevailing party shall be entitled recover, in addition to any other relief granted, reasonable attorneys fees and expenses of litigation.
HVB offers the benefits and convenience of the On-line Banking service to you at no monthly charge. Account research and stop payment charges will be assessed at the rates published in HVB's Miscellaneous Schedule Fees Brochure and deducted from your account.
These fees are subject to change. HVB will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, than that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.