Internet Banking Agreement
This Internet Banking Agreement ("Agreement") governs your use of our internet banking service and contains the terms and conditions associated with performing banking functions on accounts linked to the service. As used in this Agreement, the terms "Bank," "we," "us," and "our" refer to West Alabama Bank. The terms "you" or "your" refer to the account holder(s) authorized by the Bank to use the Service, persons authorized to sign on the account holder's deposit account, and anyone else who uses the Service with the permission of the account holder(s). By using the Service, you agree to and acknowledge that you have read and understand the terms and conditions of this Agreement...
The following terms will have the meanings specified below when used in this Agreement:
- "Access Code" - means your unique User ID and Password.
- "Business Day" - means Monday through Friday, excluding Federal holidays.
- "Your Computer" - means your computer and all related hardware and software.
- "Account" or "Accounts" - means any authorized account from which you will be conducting transactions using the Services or Internet Banking.
- "Internet Banking" - means internet based services providing access to your personal Account(s) and may include the Services...
- "Services" - means internet based services as described in this Agreement or as may be available subsequent to the acceptance of this Agreement.
Accepting This Agreement
Your use of any of the Services, or use of any of the Services by some other person to whom you have given permission, confirms your agreement to be bound by the terms and conditions contained in this Agreement as well as any rules for use of the Services. It also acts as your acknowledgement of your receipt and understanding of the disclosures in this Agreement and that you agree to allow all disclosures or other information required under applicable law to be transmitted electronically.
Other Agreements; Severability; Governing Law.
The terms and conditions of this Agreement are cumulative with and in addition to any terms of the signature cards or Account agreements for your deposit Accounts, the applicable Account disclosures, the service schedule, the schedule of funds availability, the bank's electronic funds transfer agreement and disclosure statement, the agreements governing any applicable credit Accounts, any other applicable Account agreements, the Internet Banking Enrollment Form, and the Bill Payment Services Enrollment Form, all as may be amended by West Alabama Bank from time to time. In the event of any conflict between this Agreement and the content of Your Computer or any related materials regarding West Alabama Bank's obligations to you, the terms of this Agreement will control. If any provision of this Agreement is unlawful or unenforceable, each such provision or writing will be without force and effect without thereby affecting any other provision hereof. No consumer protection provision of the Federal Electronic Fund Transfer Act or Federal Reserve Board Regulation E is intended to be waived by you under this Agreement unless the waiver is permitted by law. The parties agree to be bound by the operating rules and guidelines of the National Automated Clearing House Association and the applicable local automated clearing house association as in effect from time to time with respect to all automated clearing house transfers made hereunder. This Agreement shall be governed by the substantive laws of the United States, applicable federal regulations, and to the extent not inconsistent therewith, the laws of the State of Alabama, without regard to such state's rules regarding conflict of laws.
Our system ensures that data exchanged between Your Computer and our computers is encrypted with 128-bit encryption - the strongest encryption available. Encryption is accomplished through Secure Sockets Layers (SSL) which utilizes mathematical formulas to "encrypt" or hide information from prying eyes on the internet. Additionally, if SSL detects that data was added or deleted after you sent it to the bank, the connection will be severed in order to guard against any tampering. The most popular browsers have the SSL security feature built in. To verify your session is secure, ensure that https: instead of http: is located in the address line on your web browser, and that a secure symbol (for example a closed padlock) is located on the status bar of your browser at the lower portion of the screen. The symbol https: is correct for use of the Services and West Alabama Bank is not liable for any loss you may incur as due to your failure to ensure that the correct denotation appears in the address line on your web browser.
Additional security information is available on our website: http://www.wabt.com.
West Alabama Bank believes that the internet links we provide function properly. However, West Alabama Bank has no control over what is displayed and accepts no responsibility for the site content.
HARDWARE AND SOFTWARE REQUIREMENTS FOR THE SERVICE
You are solely responsible for obtaining and maintaining in good working order (including installation of upgrades and patches), at your expense, all equipment, hardware, software, and any telecommunications, data transmission and/or internet services that may be required in connection with the use of any of the Services. Such equipment, hardware, software, and services must meet such technical standards and specifications as we may require from time to time. Please call us at the telephone number provided in the "Errors or Questions" section of this Agreement if you have questions about technical standards and specifications. We are not responsible for any third party software that you may use in connection with any Service. Any such software is accepted by you "AS IS" and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at the time of download and/or installation. We do not guarantee the compatibility of the Services with all modem types, computer systems, internet browsers, hardware and/or software. We are not responsible for any computer viruses (including, without limitation, programs commonly referred to as "malware", "keystroke loggers", and/or "spyware"), problems or malfunctions resulting from any computer viruses, or related problems that may be associated with the use of an online or wireless system. We recommend that you routinely update your anti- virus software, apply all security patches for your operating system, and activate available firewalls.
Protecting Your Access Credentials
You agree to keep your Access Credentials confidential, to prevent unauthorized access to your Service Accounts, and to prevent unauthorized use of the Services. You agree not to give your Access Credentials or make them available to any person or entity who is not authorized to access your Service Accounts for the purpose of performing the transactions contemplated by the Services or who intends to or may use the Services for the purpose of accessing and compiling account data for such person's or entity's own commercial gain. You should change elements of your Access Credentials (including login passwords) frequently. You should avoid using your ATM, debit card, or stored value card personal identification number (PIN) as a password. If your access to the Services is blocked or if you forget your Access Credentials, you may contact us at the number provided in the "Errors or Questions" section of this Agreement. You also may reset certain Access Credentials, including your password, within the Internet Banking Service. We may issue new Access Credentials to you if you lose or forget your Access Credentials, although they may not be available for use in accessing the Services for several days.
Protecting Your Personal Information and Systems
In addition to protecting your Access Credentials, you should also take precautions to protect your personal identification information, such as your driver's license, Social Security Number, etc. This information by itself or together with other information may allow unauthorized access to your Service Accounts. You also are solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in your possession or under your control and for protecting, securing, and backing up all information and data stored in or on your Devices. For additional guidance on information security, please visit our website at www.wabt.com.
Your Service Email Address
You agree to keep your Service Email Address(es), as well as your mailing address, current and updated with us at all times. To notify us of a Service Email Address or mailing address change, please call us at the telephone number provided in the "Errors or Questions" section of this Agreement during our normal business hours. You also may update your Service Email Address within the Internet Banking Service. Except to the extent otherwise required by applicable law or regulation, you agree that we are under no obligation to re-send, re-transmit, or otherwise deliver to you any Services notifications or information that we have transmitted to your Service Email Address and that has been returned "undeliverable" or otherwise rejected for delivery.
Communication by Electronic Messaging and Email
Conventional email is not a secure method of communication over the Internet, and we recommend that you not send confidential or privileged information, such as account numbers and financial information, to us by conventional email.. An electronic message sent by you will not be immediately received by us. No action will be made on any electronic message you send to us until we actually receive your message and have a reasonable opportunity to act on it. If you need to contact us immediately, please refer to the "Errors or Questions" section of this Agreement. You cannot use conventional email or Message Center to make a payment or remittance transaction, account inquiry, or other transfer of funds. There may be other limitations to your use of electronic messaging from time to time in effect. The following provisions apply to communications by email:
- You agree and acknowledge that the information communicated via email to or from us may include information regarding any or all of the Services we feel may be of added interest to you.
- You acknowledge that you have been advised and understand the risks of using email with respect to the communication of information regarding the Services and that we are unable to guarantee the authenticity, privacy or accuracy of information received or sent by email or to monitor the authorization of persons using your email address to send or receive information.
- In the event you receive information from us via email that you believe is intended for another recipient, you agree to immediately return the information to us and to thereafter delete the information from your Device. You shall not use the information for any personal or commercial purposes.
- You agree that certain information communicated from us to you may be confidential in nature as a communication between you and us. You agree to maintain the confidentiality of the information and to refrain from sharing the information with any other person or entity or from using the information for any purpose that is not related to the Services or your financial relationship with us.
- In the event that you believe that an unauthorized person has gained access to your Device or your email account, you agree to immediately notify us so that we can cease communication of information to you via email until you and we take measures jointly agreed upon to protect your financial information.
- Having acknowledged the risks associated with communicating financial information via email, you (i) agree that we have no obligation to monitor or investigate the use of your Device or your email account, or the source of any communication received from you bearing your email address, (ii) release us from any claim or liability arising from or in connection with any communications sent or received using email, and (iii) agree to indemnify and hold harmless us from all claims, losses, expenses or liability arising in any way out of or connected in any way with the use of email as contemplated by this Agreement.
- To the extent any other agreement between you and us requires you to deliver written notice to a particular address regarding any matter, you agree that these provisions regarding the use of email do not displace or modify any such requirement for a written notice, and you agree to comply with any requirement for a written notice without reference to these provisions regarding the use of email.
You acknowledge and agree that it is your responsibility to protect yourself and to be vigilant against email fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as "phishing"). You acknowledge that we will never contact you by email in order to ask for or to verify account numbers, Access Credentials, or any sensitive or confidential information. In the event you receive an email or other electronic communication that you believe, or have reason to believe, is fraudulent, you agree not to respond to the email, provide any information to the email sender, click on any links in the email, or otherwise comply with any instructions in the email. Please contact the bank regarding any suspected fraudulent or suspicious email at errors or questions contact number below or as we may otherwise direct. You agree that we are not responsible for any losses, injuries, or harm you may incur as a result of any electronic, email, or internet fraud, subject to the requirements of applicable law.
Access to the Services requires that you have at least one eligible deposit account with West Alabama Bank. If you have more than one account with West Alabama Bank the accounts may be linked so long as you are an owner or signor on the account(s). No account that is owned in a fiduciary capacity or requires two or more persons acting jointly through signature or otherwise, to initiate a transaction or transfer is eligible for the Services and you should notify West Alabama Bank immediately if such an account appears as an eligible account. Joint accounts will still qualify to be linked if you, acting alone, are authorized to access the account to initiate a transaction or transfer.
You may use West Alabama Bank's Internet Banking to perform any of the following services:
- To transfer funds between Accounts.
- To receive and download balance and transaction information for deposit and loan Accounts.
- To pay bills electronically from a deposit Account that is a checking Account.
- To reorder checks for an Account you already have with West Alabama Bank.
Accessing Your Accounts, Security and Your Responsibilities
Password and Login Security
Security is very important to West Alabama Bank. When you complete the Internet Banking Enrollment Form you will be assigned an "User ID" and "Temporary Password". When you login to the Services for the first time, you will be prompted to change your temporary password to a password known only to you. Because your password is used to access your Accounts and Internet Banking, you should treat it as you would any other sensitive personal data. You should carefully select a password that is hard to guess. Keep your password safe. Memorize your password and never tell or disclose your password to anyone. To help prevent our customers from falling victim to unauthorized use of the Services, West Alabama Bank will not request your Access Code via email or phone. If any portion of your Access Code is requested of you in this manner, please contact West Alabama Bank immediately, since you may be the target of phishing or other activities related to identity theft.
West Alabama Bank is entitled to act on instructions received through Internet Banking under your Access Code and without inquiring into the identity of the person using the Access Code and is not responsible for any loss you may incur by the unauthorized use of your Access Code and your failure to report the same to West Alabama Bank under the terms of this Agreement.
West Alabama Bank shall be responsible for performing Services expressly provided for in the terms of this Agreement, and shall not be liable for any error or delay so long as the bank has acted in accordance with the terms of this Agreement and other applicable agreements. West Alabama Bank shall not be liable if you do not have sufficient funds in a designated Account to complete the transaction you initiate or if the Account is closed. West Alabama Bank shall not be liable if you have not given the bank complete, correct, or current transfer instructions or if you have not followed proper instructions provided through the Internet Banking website. West Alabama Bank shall not be responsible for any loss, damage, liability, or claim arising, directly or indirectly from any error, delay, or failure in performance of any of its obligations hereunder which is caused by fire or other natural disaster, strike, civil unrest, any inoperability of communications facilities, or any other circumstance beyond the control of the bank.
West Alabama Bank may from time to time introduce new Services or enhance existing Services available through Internet Banking. West Alabama Bank shall notify you in writing or by a separate e-mail of these new or enhanced Services. By using these new Services when they become available, you agree to be bound by the terms and conditions relating to these Services, notice of which will be sent to you, if required by applicable law, prior to their release.
You must immediately notify West Alabama Bank if you believe your Access Code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your Access Code, information from your Accounts, or the Services. Telephoning the appropriate department as provided in the instructions below is the best way of keeping your potential losses down. You could lose all the money in your Account (plus the maximum available under your overdraft line of credit). If you notify West Alabama Bank within two (2) Business Days after you learn of the loss or theft of your Access Code or any other unauthorized use of the Services, you can lose no more than $50.00 if someone used your Access Code without your permission.
If you do NOT notify West Alabama Bank within two (2) Business Days after you learn of the loss or theft of your Access Code and West Alabama Bank can prove we could have stopped someone from using your Access Code without your permission if you had told West Alabama Bank, you could lose as much as $500.00.
Also, if your monthly Account statement shows transfers that you did not make, including those made by debit card, credit card, or any other means, notify West Alabama Bank immediately. If you do not notify West Alabama Bank within sixty (60) days after the statement was transmitted to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had notified West Alabama Bank in said time period. If a good reason (such as a long trip or a hospital stay) inhibits you from notifying West Alabama Bank, we may extend the time periods at our sole discretion.
Contact in event of unauthorized transfer
If you believe your Access Code has been lost or stolen notify us immediately by calling or emailing the Internet Banking department at 205-375-9573 / email@example.com or writing to:
West Alabama Bank
Attn: Internet Banking Department
PO Box 580
507 1st Avenue West
Reform, AL 35481
You should also call the number or write to the address listed above if you believe any transfer has been made using the information from your Account or Access Code without your permission. Contacting a department other than the one indicated above will not be considered notification for the purpose of this Agreement.
If you choose to provide notification by telephoning the Internet Banking department you are further required to give written confirmation of an error within 10 (ten) Business Days of the oral notification.
Procedures if financial institution determines no error or different error occurred
If West Alabama Bank determines that no error occurred or that an error occurred in a manner or amount different from that which you describe then we will continue in the following manner:
- Written explanation.West Alabama Bank will provide you a written explanation of our findings. You have the right to request the documents relied on by West Alabama Bank in making our determination and upon your request we will promptly provide you with copies of the documents.
- Debiting provisional credit. If, as a result of an occurrence of an error different than what you have reported, West Alabama Bank debits a temporarily credited amount from your Account, we will notify you of the date and amount of the debiting.
- Reassertion of error. If West Alabama Bank finds that no error has been made or completes the procedure to correct an error and you feel that the error remains uncorrected then you must reassert the error under the terms of this Agreement.
- Error resolution notice. West Alabama Bank will mail or deliver to you, at least once each calendar year, an error resolution notice if applicable. Alternatively, we may include an abbreviated notice on or with each periodic statement.
West Alabama Bank may disclose information to third parties about your Account or the transfers you make:
(i) Where it is necessary for completing transfers, or
(ii) In order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant, or
(iii) In order to comply with government agency or court orders, or
(iv) If you give West Alabama Bank your written permission.
If you have arranged to have direct deposits made to your Account at least once every sixty (60) days from the same person or company, you can call West Alabama Bank at 205-375-9573 or review your Account through Internet Banking to inquire as to whether or not the deposit has been made.
You will receive a monthly Account statement unless there are no transfers in a particular month. In any case you will receive a statement at least quarterly
If you have in any manner authorized West Alabama Bank in advance to make regular payments out of your Account, you can stop some or all of these payments by utilizing the following procedure:
(1) Call West Alabama Bank at 205-375-9573 or write West Alabama Bank at the address provided below in time for us to receive your request at least three (3) Business Days or more before the payment is scheduled to be made. Be prepared to supply West Alabama Bank with information regarding the payee, the amount of the payment, your Account number, and all other pertinent payment data which West Alabama Bank may request. If you call, we also require you to put your request in writing and we must receive your request within fourteen (14) days after you call. West Alabama Bank will charge you a fee for each stop-payment order you give. Your oral stop-payment order ceases to be binding on West Alabama Bank after fourteen (14) days if you fail to provide the required written confirmation. (2) If you order West Alabama Bank to stop one of these payments three (3) Business Days or more before the transfer is scheduled pursuant to the terms of this Agreement, and we do not do so, we may be liable for your losses or damages. (3) All written notices for the purpose of this section must be addressed to:
West Alabama Bank
Attn: Internet Banking Department
PO Box 580
507 1st Avenue West
Reform, AL 35481
Financial institution's liability
If West Alabama Bank does not complete a transfer to or from your Account on time or in the correct amount according to this Agreement, we may be liable for your losses or damages. However, there are some exceptions. West Alabama Bank will not be liable if:
- Through no fault of ours, you do not have sufficient funds in your Account to complete any transaction;
- The transaction would exceed the maximum available under any overdraft line of credit as to which overdraft advances by us are mandatory in connection with the Account;
- Your telephone, telephone line, telephone service, Your Computer, internet service provider, modem, router, or any other equipment is not operating properly;
- The Services are not working properly and you were aware of the malfunction when you initiated the transaction;
- You do not properly follow the instructional materials provided to instruct you regarding the use of the Services;
- You do not authorize a payment within a sufficient period of time for your payment to be received by the payee by the date which the payment is designated to be due;
- You have not provided West Alabama Bank with the correct payee name, address, information, payment amount, or other instructions necessary to complete the payment, or the foregoing instructions stored on Your Computer or the host system have been lost;
- A payee commits an error or causes a delay regarding the handling of payments sent by West Alabama Bank;
- A court order or other legal process prevents West Alabama Bank from making a transaction;
- Your Access Code or any other Account access device has been reported lost or stolen;
- We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal;
- You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Services or Account;
- Circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, fire, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction;
- Your use of the Services would cause West Alabama Bank to violate any law, rule, or regulation to which we are subject; or
- Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages).
- There may be other exceptions to liability stated in this Agreement, or in other agreements West Alabama Bank has with you, or otherwise provided by applicable law.
Preauthorized transfers to your Account
When a person or entity initiates preauthorized electronic fund transfers to your Account at least once every sixty (60) days, West Alabama Bank will provide you notice of the transfer by:
(i) Positive notice. Providing oral or written notice of the transfer within two (2) Business Days after the transfer occurs; or
(ii) Negative notice. Providing oral or written notice, within two (2) Business Days after the date on which the transfer was scheduled to occur, that the transfer did not occur; or
(iii) Readily-available telephone line. Providing a readily available telephone line that the consumer may call to determine whether the transfer occurred and disclosing the telephone number in this Agreement; or
(iv) Through the use of the Services.
Written or electronic authorization for preauthorized transfers from your Account
Preauthorized electronic fund transfers from your Account must be authorized in writing or electronically prior to any preauthorized transfer and West Alabama Bank may require the same to be signed by you.
Whenever used, the singular form of a term shall include the plural and the plural form of a term the singular.
If any part of this Agreement for any reason is declared invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall remain in force and effect as if this Agreement had been executed with the invalid portion thereof eliminated.
Any terms that are not defined in this Agreement shall be defined by any related documents in effect at the time of the acceptance of this Agreement.
Successors and Assignees. This Agreement shall be binding upon the parties hereto and their respective heirs, successors, and assigns.
Address or Banking Changes
Any terms that are not defined in this Agreement shall be defined by any related documents in effect at the time of the acceptance of this Agreement. Successors and Assignees. This Agreement shall be binding upon the parties hereto and their respective heirs, successors, and assigns.
West Alabama Bank reserves the right to terminate this Agreement and your right to use Internet Banking at any time and for any reason. Such termination may be without prior notice to you, but we will notify you of termination by mail at your last listed address.
Errors or Questions
In case of errors or questions about the Services or in the event you need to contact us generally in connection with this Agreement, you should:
West Alabama Bank
Attn: Internet Banking Department
P.O. Box 580
507 1st Avenue West
Reform, AL 35481
Different contact instructions may be provided elsewhere in this Agreement with respect to particular situations or circumstances. If different contact instructions apply with respect to particular situations or circumstances, you agree to comply with those instructions.