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B. Each account you
have with Hendricks County Bank and Trust
Company (the “Bank”) for which you have, after
enrollment, elected to receive statements in
electronic form in lieu of receiving them in a
printed paper format by postal mail service
(collectively "the Accounts").
The words
"we," "us," and "our” refer to the Bank with
whom you have your Account, and the words "you”
and "your” mean you, the individual(s) or entity
identified on the Account(s) as an owner and/or
signer. As used in this Agreement,
"Communication” means any Account periodic
statement, or associated authorization,
agreement, disclosure, notice, or other
information that would accompany your Account’s
periodic statement, including but not limited to
information that we are required by law to
provide to you in writing.
By utilizing
the Communication methods outlined in this
Agreement, you agree to be bound to all rules
and regulations applicable to your Accounts and
any other agreement for products or services of
the Bank and as established and amended by the
Bank.
You acknowledge and agree that
your consent to electronic Communications from
the Bank is being provided in connection with a
transaction affecting interstate commerce that
is subject to the federal Electronic Signatures
in Global and National Commerce Act (the “Act”),
and that you and the Bank both intend that the
Act apply to the fullest extent possible to
validate our ability to conduct business with
you by electronic means.
2.
Scope of Service. When you elect to receive
paperless statements in an electronic format for
all Eligible Accounts (the “Service”) in lieu of
receiving them in a printed paper format by
postal mail service, you agree that the Bank may
provide you with any Communications in an
electronic format, and that we may discontinue
sending paper Communications to you, unless and
until you withdraw your consent as described
below. Your consent to receive electronic
communications and transactions includes, but is
not limited to:
A.
All legal and regulatory disclosures and
communications associated with your Account(s);
B. Periodic
disclosures or monthly billing statements for
your Account(s);
C.
Notices or disclosures about a change in the
terms of your Account(s) or associated payment
features; and
D.
Privacy policies and notices.
The Bank
will provide all Communications in an electronic
format in a clear and conspicuous manner that
you can print and/or store using the hardware
and software specified in this Agreement.
A copy of such disclosures may also be viewed at
the Bank’s website,
http://www.hendrickscountybank.com The
Bank will notify you of any material change in
hardware and/or software required for retrieving
or storing Communications in an electronic
format.
It is your responsibility to
provide the Bank with a true, accurate and
complete e-mail address, contact information,
and other such information related to this
Agreement and to your Account(s), and to
maintain and update promptly any changes in this
information. You can update such
information (such as your e-mail address) by:
A. Changing your
profile by logging into the Bank’s Internet
Banking Service;
B.
Contacting us by secure e-mail at
hendrickscountybank.com or at (317) 852-2268;
C. Visiting any of
our branch locations; or
D.
Sending a written letter of authorization to the
following address:
Hendricks County Bank and
Trust Company
1 East Main Street
Brownsburg, Indiana 46112
You agree to
immediately notify the Bank if you are unable to
access any Communications in an electronic
format that we have delivered to you.
3.
Method of Service. All Communications that
the Bank provides to you in an electronic format
will be provided by:
A.
e-Mail with a Personal Identification Number
(PIN);
B. The
Bank’s Internet Banking Service;
C.
Access to a website that we will designate in an
e-mail notice that we will send to you at the
time the information is available; or
D.
Access to a website that we will generally
designate in advance for such purpose) to the
extent permissible by law.
4.
Revoking Consent to Service. You may
revoke your consent to receive Communications in
an electronic format for any of your Accounts
by:
A. Changing
your preferences by logging into the Bank’s
Internet Banking Service;
B.
Contacting us by secure e-mail at
ebanking@hendrickscountybank.com or by
telephone at (317) 852-2268;
C.
Visiting any of our branch locations; or
D. Sending a written
letter of authorization to the following
address:
Hendricks County Bank and Trust
Company
1 East Main Street
Brownsburg,
Indiana 46112
At the Bank’s option, we
may treat your provision of an invalid e-mail
address (or the subsequent malfunction of a
previously valid e-mail address) as a revocation
of your consent to receive electronic
Communications. We WILL NOT impose a fee to
process the revocation of your consent to
receive electronic Communications. Any
revocation of your consent to receive electronic
Communications from the Bank will be effective
only after we have a reasonable period of time
to process your revocation.
5.
System Requirements. You must have the
following System Requirements in order to
access, view, and retain the Bank’s electronic
Communications that we make available to you:
A. A personal
computer (for PC’s: Windows 2000, Vista, XP, or
Windows 7 for Macintosh: Mac OS X 10.3 or
higher), operating system and telecommunications
connections to the Internet capable of
receiving, accessing, displaying, and either
printing or storing Communications received from
the Bank in an electronic format via a plain
text formatted e-mail, by logging into the
Bank’s Internet Banking System or website using
an Internet browser specified in item B. below;
B. An Internet
browser such as Microsoft Explorer 7.0 or
higher; Firefox 2.0 or higher, Opera 8.0 or
higher; Safari 2.0 or higher, or Camino 1.5.3 or
higher;
C.
Sufficient electronic storage capacity on your
computer’s hard drive or other data storage
unit;
D. Adobe
Acrobat Reader Version 6.0 or higher;
E. An e-mail account
with an Internet service provider and e-mail
software in order to participate in the Bank’s
electronic Communications programs and services.
6.
Right to Obtain
Paper Copy. The Bank will not send you a
paper copy of any Communication unless you
request it or we otherwise deem it appropriate
to do so. You can obtain a paper copy of
an electronic Communication by printing it
yourself or by requesting that the Bank mail you
a paper copy, provided that such request is made
within a reasonable time after we first provided
the electronic Communication to you. You
may request a paper copy by:
A.
Contacting us by secure e-mail at
hendrickscountybank.com or at (317) 852-2268;
B. Visiting any
of our branch locations; or
C.
Sending a written letter of authorization to the
following address:
Hendricks County Bank
and Trust Company
1 East Main Street
Brownsburg, Indiana 46112
The Bank may
charge you a reasonable service charge for the
delivery of paper copies of any Communication
provided to you electronically pursuant to this
Agreement. The Bank reserves the right,
but assumes no obligation, to provide a paper
(instead of an electronic) copy of any
Communication that you have authorized us to
provide electronically.
7.
Written Communications. All Communications in
either electronic or paper format from the Bank
to you will be considered "in writing." You
should print or download for your records a copy
of:
A. Your
Account Agreement;
B.
This Agreement or any other related or relevant
agreement;
C.
Any changes regarding this Agreement made by the
Bank or you, including your authorization(s);
and
D. Any other
Communication that is important to you.
8. Indemnity and
Liability. You agree to indemnify and hold
harmless the Bank, the Bank’s subsidiaries and
affiliates, successors and assigns, all officers
and employees thereof, and service providers
(“Related Persons”), from any and all third
party actions, claims, liability, and damages,
and to be responsible for all expenses and costs
(including, but not limited to, reasonable
attorneys’ fees) caused by or arising from your
connection to or use of the Service, your
violation of these terms and conditions of this
Agreement and other related agreements, or your
infringement or violation of the rights of
others. The obligations contained in the
preceding sentence will continue after the
Service is terminated. You further agree
that the Bank is not responsible for any costs
associated with obtaining, updating, modifying
or terminating your software or hardware to use
the Service.
9.
Exclusion of Warranties. The Service and
any related documentation are provided “as is”
without any warranty of any kind, either express
or implied, including but not limited to the
implied warranties of merchantability and
fitness for a particular purpose. The Bank
specifically disclaims any and all implied
warranties. Some jurisdictions do not
allow the exclusion of certain warranties.
Accordingly, some of the above limitations may
not apply to you.
10.
Headings. The headings in this Agreement
are for convenience or reference only and will
not govern the interpretation of the provisions.
11. Waiver. Any waiver
(express or implied) by either party of any
default or breach of this Agreement must be in
writing and shall not constitute a waiver of any
other or subsequent default or breach.
12. Assignment. You may not
assign this Agreement. The Bank may assign
this Agreement either in part or in whole at any
time and with or without notice to you.
This Agreement is binding upon your heirs and
the Bank's successors and assigns.
13.
Entire Agreement. This Agreement
constitutes the entire agreement between you and
the Bank with respect to the subject matter in
this Agreement and there are no understandings
or agreements relative to this Agreement which
are not fully expressed in this Agreement.
14. Termination and Change in Terms.
The Bank reserves the right, at our sole
discretion, to discontinue the provision of your
electronic Communications, or to terminate or
change the terms and conditions on which we
provide electronic Communications, including any
applicable discount or waiver of fees related to
this Service.
The Bank may from time to
time and any time amend, modify, add or delete
(collectively and individually "change") the
terms of this Agreement with or without notice
unless prohibited by applicable law. A
change may include a change to existing terms, a
change in terms, a change that involves a new
term or a change that involves conditions not
otherwise contemplated by you or the Bank at the
time this Agreement is entered. If advance
notice of the change is not required, and
disclosure does not jeopardize the security of
the Service, you agree that we may notify you of
the change in terms by Communication in an
electronic format, mail, or by posting a notice
on our website. Further, you agree that
your continued use of the Service constitutes
your agreement to the change. If you wish
to decline to be bound by the change, you must
discontinue the Service, otherwise you will be
deemed to have accepted and agreed to the
change.
15.
Governing Law.
This Agreement is governed by applicable federal
laws and the laws of the State of Indiana
(except to the extent this Agreement can and
does vary such rules or laws).
By
signing this Agreement, you acknowledge that you
have read and understand this Agreement and the
separate agreements, disclosures, schedules and
exhibits as they appear on the Bank’s website or
given to you, including but not limited to,
optional services (if selected by you).
IN WITNESS WHEREOF, the parties hereto have
executed this Agreement as of the date set forth
below.
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