Adams Community Bank Online Banking Disclosure

This agreement and disclosure statement is provided to you in accordance with Federal and State law and contains the rules and regulations covering “Electronic Fund Transfers” or “EFTs” made to your accounts using Adams Community Bank (ACB) Online. This disclosure pertains only to ACB Online and does not include any other disclosures the Bank may need to provide you.

Online Banking E-Sign Disclosure

ACB is pleased to offer you the opportunity to sign up for and utilize our ACB Online Service. Please review this disclosure and provide your consent.

Please note that this disclosure acts as your online banking agreement along with your E-Sign Act Disclosure. Once you have carefully read this disclosure, we suggest that you print and retain a copy for your records. ACB Online is available over the internet using your password, user ID and your personal computer or mobile device to perform transactions noted in this disclosure. By clicking the “I Accept the Terms of this Agreement” button, you are agreeing to the terms and conditions of this agreement and disclosure and the electronic delivery of these disclosures. You are also agreeing that any communication from us to you, including any disclosures or other information required to be delivered in writing under applicable law, may be delivered to you in electronic form and that such electronic communication shall be in lieu of written communication. This includes electronic delivery of changes in terms notices affecting your use of ACB Online Service. You agree that the use of ACB Online with your user ID and password is your signature authorization for any payments or transfers or service requests accessible within this service. Each time you enter your user ID and password, you are authorizing us to process your request.

Please know that you do have the right to receive a paper version of these disclosures, and any disclosures we may provide in the future, and may contact us by e-mail or telephone to request a paper copy. There is no charge for a paper copy. If you do not consent to electronically receiving the required disclosures you should exit this form, however you may visit one of our branch offices to open an ACB Online Account.

You have the right to withdraw your consent to receive electronic disclosures at any time by contacting the bank by e-mail or telephone.

Follow instructions provided in the Online Banking Security Safeguards. These are important instructions to keep your information safe.

Business Customers: If you are a Sole Proprietor, a Limited Liability Company, Corporation, Partnership or other Business Entity refer to important information at the end of this Agreement.

Business Days

For the purpose of this agreement, our business days are Monday through Friday. Saturdays, Sundays, Federal Holidays and other days on which ACB is closed are not business days.

Online Banking can only make transfers and bill payments on business days although you may use your computer to access online banking 24 hours a day, seven days a week, except during any special maintenance periods. We will attempt to schedule any maintenance after our normal business hours.

Accuracy and Accessibility

It is your responsibility to provide us with true, accurate and complete information including your email address, contact information or any other information related to this disclosure and your account(s). If any of the information you provide to ACB changes, it is your responsibility to maintain and update your account information promptly by contacting us at 413-743-0001 or stopping by one of our branch locations or online using our secure forms.

Online Banking Access

As the primary user, you are considered the administrator who is responsible for managing your ACB Online service. As administrator you will be granted access to all of the enrolled online banking accounts and services. The administrator, at his or her sole discretion, can create and authorize other individuals to act as a user of ACB Online. The administrator can add, delete or change the access authorities for a user including the accounts and services they are allowed to access and the dollar amount of the transactions they are allowed to process. Designating an authorized user provides access to ACB Online and does not change ownership or provide authorization to these users to transact on your behalf in any manner (i.e. at a branch location). By granting an individual access to your accounts as an authorized user with a user ID and password you expressly agree to take responsibility for all activity initiated by those individuals. In effect, you have authorized each transaction to take place as though you yourself have completed them and ACB will not be held liable for individual user actions.

The administrator and each user that has been afforded the authority to access accounts through ACB Online will have a unique user ID and password. Your user ID and password are initially set by you and subsequently can only be changed by you. The user ID designated for an authorized user can be issued and changed only by you, the administrator. The password for an authorized user is initially set by you, the administrator, and subsequently changed by the authorized user at first login.

Generally you should change your passwords frequently to help safeguard the security of your accounts. You will be forced to change your password on an annual basis. You may change your password under the Service Center Profile section. Bank employees will never contact you via e-mail or by telephone requesting your online password or any other personal information.

If you are contacted by anyone requesting this information, do not provide it and contact the ACB Customer Care Center immediately at 413-743-0001.

It is critically important to keep your user IDs and passwords confidential to prevent unauthorized transactions on your bank accounts. In the event that you wish to change authorization (i.e. as a result of personal changes in your relationships or for any other reasons) it is your sole responsibility to revoke access to protect against improper use of ACB Online by the individual(s) you have authorized.

If you suspect any misuse of ACB Online by an authorized user you, the administrator, should revoke that individual’s access immediately and inform us AT ONCE if you believe your password and user ID have been compromised or may be compromised. You may contact us by calling 413-743-0001.

ACCEPTANCE OF THIS AGREEMENT

To enroll in Online Banking you must complete an Application Form and be approved for the service. The Bank is not obligated to accept your enrollment until it has approved your application. The application process includes completion of necessary forms. The Bank may amend the Agreement from time to time and you expressly authorize the Bank to do so. If you object to any amendments to the Agreement, you must do so in writing. If you exercise this right you may no longer use Online Banking.

ONLINE BANKING TECHNICAL REQUIREMENTS

For this online service we recommend that you use one of the browsers below. Some areas of our site may require the use of Macromedia Flash or Adobe Acrobat Reader. Other browsers and operating systems may work effectively; however, we do not test against them and therefore your experience may vary. We regularly monitor and test browsers to ensure the highest security standards. We support the two most recent versions of the following browsers:

Windows
-Microsoft Internet Explorer
-Mozilla Firefox
-Google Chrome

Macintosh
-Safari
-Mozilla Firefox

SECURITY PROCEDURES

The Online Banking system employs encryption to ensure the secure transmission of data. The system also utilizes risk based monitoring tools and reverse authentication to protect against phishing attempts. These methods include a user selected image to identify the Bank’s online banking site, user selected challenge questions, out of wallet challenge based questions and out of band confirmation codes. By using ACB Online, you agree that the online banking security procedures are reasonable and sufficient to ensure that all transaction requests such as bill payment and transfer instructions or other communication we receive from you have in fact been made by you. You must consider your size, type and frequency of transactions or other communications that you anticipate making when determining whether you consider the Bank’s online banking procedures to be sufficient. In short, by using online banking, you have determined the online banking system is secure for your purposes.

The Bank will require users to answer security questions or to provide a confirmation code to process certain transactions and changes to ACB Online. This helps ensure information is secure and protects you from fraud and identity theft.

If the size, type and frequency of your transactions change, and you determine that the online banking security procedures cease to be reasonable and sufficient, you must inform the bank of this immediately. Such a determination means you will no longer use ACB Online for any purposes. If you wish to learn more about online banking security, please ask us.

Notwithstanding any security procedure which may from time to time be in effect for detecting errors in transactions covered by this agreement, we have no duty to discover or report to you any such errors. Neither shall we be liable to you for the failure of such security procedures to detect such errors, regardless of the manner in which we apply such security procedures.

AUTHORIZATION FOR TRANSACTIONS

You agree that the Bank may act on the electronic instructions of any of your authorized users.

ACCESSIBLE ACCOUNTS

You may access your checking, savings, certificate of deposit and loan types of accounts to get account balance and transaction information with ACB Online. You may conduct electronic banking transfers with an ACB checking type of account, money market statement type of account, or statement savings type of account. Bill payment may be conducted with an ACB checking type of account. You may also make payments to your ACB loan using the transfer service and also make transfers into your passbook saving accounts from other accounts you have here at ACB.

ONLINE BANKING SERVICES

After you have registered for Adams Community Bank Online Banking, you may access account and transaction information and conduct electronic banking transfers with an Adams Community Bank checking or statement account(s) using your user ID and your password when you visit our website and click on Log In on the Online Banking section. You may also access account and transaction information for passbook and loan accounts.

The Online Banking services may give you access to:

  • Account Balance and Transaction Information: View balance and account activity
  • Account to Account Transfers: Transfer funds between your ACB accounts. Although you can transfer funds into your ACB passbook accounts you cannot transfer out of ACB passbook accounts.
  • Person to Person Transfers: Transfer funds from your ACB account to another ACB customer account. Although you can transfer funds into customers’ ACB passbook accounts you cannot transfer out of ACB passbook accounts.
  • Bank to Bank Transfers: Transfer funds to your accounts at another institution.
  • Bill Payments: Pay bills to a third party via check or electronic transaction.
  • E-Bills and E-Bill Presentment: Receive and view bills electronically from designated creditors or vendors that participate in e-Bill presentment programs and from which you authorize ACB to retrieve your e-Bill information
  • E-Statements (located under E-Documents tab): Access to your account statements online, review previous statements up to sixteen (16) months or from the first time you sign up for e-Statements, whichever is more recent.
  • Stop Payment: Stop payment on a check that was written by you. To request a stop payment on an electronic bill payment, you will need to call ACB Customer Care or visit any branch office.
  • Account Alerts: Set up email and / or text alerts for certain events such as low balance notification
  • Debit Cards: Request a replacement in the event your card is damaged.
  • Deactivate / Reactivate Debit Card: Control access to your debit or ATM card when your card is not in use or misplaced.
  • Notify ACB of your Travel Plans: Inform the Bank to expect transactions from your travel destination. This will avoid your card being deactivated for what appears to be suspicious activity. Please note that some high risk countries and areas may be blocked and restricted for security reasons. If you have questions, contact us for details.
  • Update / Change Contact Information: Change email address, mailing address and phone number.
  • Update / Change Security Information: Change user ID, password, personal image and security questions
  • Manage Authorized Users: Create and edit authorized users and online banking access
  • Communicate with Customer Care Representative using secure messages

Adams Community Bank makes available other services, which may be changed or enhanced periodically and include:

  • A personal financial management tool “Manage My Money” to help you with budgeting and financial goal setting.
  • Ability to export or import account information with Quicken & Quick Books
  • Wire transfer services disclosed in a separate Wire Transfer Agreement.
  • ACH Payroll services disclosed in a separate Payroll Origination Agreement

ACCOUNT BALANCE, AVAILABLE BALANCE AND TRANSACTION INFORMATION

The account information you access via ACB Online will generally be current as of the business day you obtain the information, unless another time is specified. Information on your bank account(s) is available for up to one year. You may view current and available account balances, transaction activity, check images, pending Automated Clearing House (ACH) and point-of-sale (POS) transactions for deposit and loan accounts that are enrolled in ACB Online.

Please note:

  • Your deposit account balance includes your current balance minus any holds. Your available balance displayed does not include savings overdraft, unused line of credit and assigned overdraft privilege limits.
  • Immediate and future dated transfer or bill payment requests may draw against available funds that include your savings account, unused line of credit or assigned overdraft privilege limits. An insufficient funds / overdraft charge may apply. Refer to our fee schedule for the amount we will charge you for the overdraft method you have chosen.
  • External transfers may be paid even if your account balance, savings overdraft, unused line of credit and / or assigned overdraft privilege limits are not enough to cover the amount of your transaction. An insufficient funds / overdraft charge may apply. Refer to our fee schedule for the amount we will charge you for the overdraft method you have chosen.
  • Your line of credit loan account available balance is the dollar amount you have available to draw on.

FUND TRANSFERS

  • You have the ability to set up a one time or recurring monthly, quarterly or weekly transfer up to 365 days in the future.
  • If you wish to cancel a recurring transfer, you must cancel the transfer before 12:00 midnight the night before the scheduled initiation date that the transfer occurs. For example, a cancellation may occur at 11:59 p.m. on January 1 if the payment is scheduled for January 2.
  • If you schedule an immediate account-to-account or person-to-person transfer, you must have adequate available funds in your account at the time the transfer is initiated. The funds will be deducted from your account immediately.
  • If you schedule a future-dated or recurring transfer or an account-to-account or person-to-person transfer, you must have adequate available funds in your account when we attempt to transfer the funds. This will occur at 6:00 a.m. on the scheduled date of transfer.
  • If you schedule a future-dated or recurring bank-to-bank transfer, you must have adequate available funds in your account when we attempt to transfer the funds. This will occur at 3:00 p.m. on the scheduled date of transfer.
  • If a transfer fails because you did not have enough funds in the designated transfer account we will send you an email indicating a failed attempt and we will take no further action. If you receive an email because the transfer was not successful you should access ACB Online to reschedule the transfer.
  • Transfers from a money market statement type of account or any statement savings type of account to another account or third parties by preauthorized, automatic, telephone, or computer transfer or by check, draft, or similar order to third parties are limited to six per statement cycle. If this limitation is exceeded during the statement cycle, we will send you a notice informing you that if the activity continues we may change your account to a transaction account or we may close your account.

Account to Account Transfers

This service transfers funds between your accounts held at ACB. You are permitted to transfer between the following types of accounts:

  • Checking account to checking account
  • Checking account to statement savings account
  • Checking account to passbook savings account
  • Statement savings account to checking account
  • Statement savings account to a statement savings account
  • Statement savings account to a passbook savings account

Additionally, you are permitted to make payments from the following types of accounts:

  • Checking to loan accounts held at ACB
  • Statement savings to loan accounts held at ACB

Consumer & Business *Default Limit:
Maximum Transaction $100,000
Maximum Daily $200,000
*Limits can be adjusted based upon specific individual or business needs.

Person to Person Transfers
This service allows for transfers from your ACB accounts to another customer’s account held at ACB. The customer you wish to transfer funds to must provide you with their name as it appears on their account and their account number to authorize the transfer of funds. You are permitted to transfer between the following types of accounts:

  • Checking account to another ACB customer’s checking account
  • Checking account to another ACB customer’s statement or passbook savings account
  • Statement savings to another ACB customer’s checking account
  • Statement savings account to another ACB customer’s statement or passbook savings account

Any documentation provided to you that indicates that a person-to-person transfer was made, shall be admissible as evidence of such transfer and will effectively constitute prima facie proof that the transfer was made.

Consumer & Business Limit:   Maximum Transaction $1,000

Bank to Bank Transfers

This service allows for transfers from your checking or statement savings type of accounts held at ACB to another financial institution. Bank to Bank transfers are accomplished by ACH debits. Accounts maintained at the other financial institution must be either a checking or a savings type account and must be in your name.

You may set up a bank-to-bank transfer under the “External Accounts” tab and screen. You must enter the other financial institution’s routing number and your checking or savings account number. In most cases, you may find this information at the bottom of a check or deposit slip. Within a few days, your account at the other financial institution will receive two small deposits which must be verified by you before the transfer service can be initiated.

Transfer of funds between your accounts at another financial institution may take between 3-5 business days to complete.

For one-time bank-to-bank transfers, you must initiate the transfer before 3:00 p.m. for same day processing. One-time bank-to-bank transfers scheduled after 3:00 p.m., on a weekend, or on a Federal Holiday will be initiated the next business day.

If you schedule a future-dated or recurring bank to bank transfer, you must have adequate available funds in your account when we attempt to transfer the funds. This will occur at 3:00 p.m. on the scheduled date of transfer.

Consumer & Business Default Limit:
Daily Outgoing $2,000
30-Day Outgoing $10,000
*Limits can be adjusted based upon specific individual or business needs.

BILL PAYMENT SERVICE

  • Bill Payment Transaction Limits: ACB Online Bill Pay has a per transaction limit up to $25,000 or your available account balance whichever is less.
  • We may remit your payments by mailing your payee a check, by electronic funds transfer, or by other means. Because of the time it takes to transmit your payment to your payees, they generally will not receive payment on the same day you instruct us to make the payment. Payees you establish on your Online Banking system will be assigned a specific number of business days in advance of the due date that you must make the payment instructions. This will be either 2 or 5 business days, depending on the payee. We will not be responsible for any loss or penalties you may incur as a result of a late payment if you do not allow the required number of business days between the dates you instruct us to make the payment and the due date for that payment.
  • Bill payments to payees located in the Armed Forces Postal Codes such as AE & AP, Payments to settle securities transactions; payments to payoff special or delayed financing for purchases; payments to credit counseling agencies who pay creditors on your behalf; court-ordered payments such as alimony, child support, speeding tickets, etc.; tax entities; or collection agencies are not allowed.
  • You can only make bill payments to payees within United States addresses.
  • All transfers and bill payments are subject to the available balance in your account.

WIRE TRANSFERS

You and your authorized representative may initiate an outgoing domestic wire transfer of funds through ACB Online. To utilize this feature you will need to complete the ACB Wire Transfer Agreement. Wire transfers first require the user to establish a Payee within the Wire Transfer module. From the module either single or multiple wire transfers can be initiated. Wire transfers will be authenticated by either Out-of-Band (OOB) or Knowledge-Based (KBA) authentication. OOB involves both phone and SMS validation. In phone validation Online Banking presents the user a code before the transaction is allowed to execute. The user selects a phone number (already in our system) and the user then receives an automated phone call. The user enters in the code using their touch tone key pad. Online Banking validates the code, if successful the transaction is allowed to execute. With SMS validation Online Banking texts a code via SMS to a mobile device number (already in our system). The user then enters the code into Online Banking for validation. If OOB is not possible, KBA is utilized by presenting the end user with questions that are sourced dynamically from public databases. KBA questions are designed to be easily answered by the legitimate user, but difficult to answer by a fraudster. KBA questions are available for users over the age of 18 and are accessed from United States-based databases only.

When an end user attempts to perform a wire transfer and fails the challenge, the transfer will not be completed and will be instructed to contact Customer Service.

Since we condition access upon entry of a valid User ID and Password in combination with a secure access code when appropriate, we will accept instructions for wire transfers from any person using a valid User ID, Password and Secure Access code.

Consumer *Default Limit:  Maximum Transaction & Daily $10,000
Business *Default Limit:  Maximum Transaction & Daily $50,000
*Limits can be adjusted based upon specific individual or business needs.

FEES AND CHARGES

Please refer to our separate Fee Schedule for additional information about charges.

DOCUMENTATION AND VERIFICATION OF TRANSFERS AND PAYMENTS

Confirmation Numbers – Upon completion of a transaction using Adams Community Bank Online Banking, a reference number will be given. You should record this number along with the payee, scheduled date, and the transaction amount in your checkbook register (or other permanent record), because this will help in resolving any problems that may occur. You can also print a copy of your scheduled transactions after you have completed your transactions.

Periodic Statements – Information concerning Adams Community Bank Online Banking transactions will be shown on your monthly statement for the account to/from which transfers or payments are made. To view information concerning ACB online transfers made to your passbook account you may bring your passbook to us and we will record any electronic deposits that were made since the last time you brought in your passbook.

STOPPING PRE-AUTHORIZED PAYMENTS

The initiation by you of certain electronic fund transfers from your account will, except as otherwise provided in this agreement, effectively eliminate your ability to stop payment of the transfer. Unless otherwise provided in this agreement, you understand that you cannot stop an electronic fund transfer, other than a preauthorized payment. Therefore you should not employ electronic access for purchases or services unless you are satisfied that you will not need to stop payment.

Right to Stop Payment and procedure to do so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:

  • Call or write us at the telephone number or address provided in this Agreement in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
  • Please refer to our separate Fee Schedule for the amount we will charge you for each stop payment order you give.

NOTE: If you want to stop these preauthorized payments, you agree to notify the person or organization that you have told us to pay. An Electronic Funds Transfer (EFT) Stop Payment will only stop a specific payment. An EFT Revocation will permanently stop all payments to a particular person or company.

Notice of Varying Amounts If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Liability for Failure to Stop Payment of Preauthorized Transfer If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so we will be liable for your losses or damages.

STOP PAYMENTS

Your check stop payment requests must follow the procedures and specifications established by ACB. You must provide us with timely, complete and accurate information on the following:

  1. The number of the account against which the item is drawn
  2. The check number
  3. The exact amount (dollars and cents) of the item
  4. The name of the payee
  5. The reason for the Stop Payment

Complete accuracy is essential since stop payment orders are processed by computers operating on the basis of precise data. If any of the required information is incomplete or incorrect your stop payment order may not be processed and we will not be responsible for failing to complete the order. However, if all terms and conditions have been satisfied and we fail to process a stop payment order of a preauthorized transfer from your account, we may be liable.

Stop payment requests, which cover a range of checks that are missing or stolen, may be processed by us without regard to the dollar amount. A stop payment order becomes effective when we confirm its receipt and have verified that the item has not been paid. We will not be able to verify this immediately for items paid more than 180 days prior to your request. Stop payment orders are in effect for 180 days and can be renewed after the 180 day period upon your written request. Failure to renew the stop payment order may result in the item being paid. Periodically, our systems may be inoperable. If that occurs, you may transmit stop payment orders by telephone instruction. You are advised that under applicable state law, stopping payment on a check may not relieve you of your obligation to pay the check.

ALERTS

This service is designed to provide real time notification of important information related to your ACB account(s) such as a low balance or the occurrence of an overdraft. If you subscribe to our alert service you will be asked to select either email or text messaging (SMS) as a method of delivery. You are responsible for any telephone or data charges incurred in connecting to your Internet Service Provider that gives you access to this alert service including SMS services.

We do our best to provide alerts in a timely manner with accurate information, but alerts may be delayed or prevented by a variety of factors beyond our control such as system failures or misdirected delivery. We don’t guarantee the delivery or accuracy of alerts and the contents of an alert may be outdated by the time the alert is sent or received resulting from other account activity or delays in sending data among various systems. You agree to keep your alert contact methods up to date and accurate and further agree that we are not liable for any delays, failure to deliver, or misdirected delivery of any alert, for any errors in the content of an alert or for any actions taken or not taken by you or a third party as a result of an alert. Adams Community Bank reserves the right to terminate any request for any alert at any time.

You understand and accept that alerts are not encrypted and while we will never include your password or full account number in the alert, we may include limited information about your account and anyone with access to your alerts will be able to view the contents of these messages.

CANCELLING PAYMENTS

We may cancel a bill payment or wire transfer if we have reasonable belief that the payment is fraudulent. If we cancel a payment, we will attempt to contact you to inform you of this action.

You may cancel an outstanding bill payment at anytime through ACB Online Banking. “Future” and “Recurring” bill payments may be cancelled or changed up until 11:59 pm (EST) of the night before the “Send On” date of the transaction. Expedited payments cannot be cancelled. Once a payment is made, the funds will be debited from your account and you will not be able to stop the payment.

UNAUTHORIZED CONSUMER TRANSFERS

Tell us AT ONCE, by calling us at 413-743-0001 or writing us at the address listed in this disclosure, if you believe your password and user ID have been lost, stolen or used without your permission. Telephoning is the best way of minimizing your possible losses. You can lose no more than $50 if you fail to give us notice of your lost or stolen password and user ID and they are used without your permission.

Error Resolution Procedures for Consumer Accounts Only

In case of errors or questions about your electronic transfers, telephone us at the number listed in this disclosure or write us at the address listed in this disclosure as soon as you can if you think your statement is incorrect or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared.

  • Tell us your name and account number.
  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why
    you believe it is an error or why you need more information.
  • Tell us the date and dollar amount of the suspected error.
    If you notify us verbally, we may require that you send us your complaint or question in writing within 10 business days.

Generally, we will determine if an error occurred within 10 business days (20 business days for new accounts) after we receive the notice from you, and we will correct the error promptly. If we need more time, however, we may take up to 45 days (90 days for new accounts or point-of-sale or foreign initiated transfers) to investigate your complaint or question. If we decide we need extra time, we will apply a provisional credit to your account within 10 business days (20 business days for new accounts) for the amount you think is in error (including any fees assessed due to the disputed item), so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not apply provisional credit to your account. Your account is considered a new account for 30 days after the first deposit is made, unless each account owner already has an established account with us before the account is opened.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send a written explanation. You may ask for copies of the documents we used in our investigation. If we have provisionally credited your account during the investigation, and subsequently determine that there was no error, we will debit your account the amount we had provisionally credited. We will give you notice of the amount and date of the debit along with notice that we will honor (without overdraft charges) third party checks or preauthorized transfers made in reliance on the provisionally credited funds for five business days after sending the notice, but only to the extent they would have been honored if the provisional credit had not been debited.

UNAUTHORIZED BUSINESS CUSTOMER TRANSFERS (Sole Proprietor, Limited Liability Company, Corporation, Partnership or other Business Entity)

Immediately escalate any suspicious activity or transactions you suspect; if you believe your User ID and/or your Password has become known by an unauthorized person or someone has completed transactions or made payments without your permission, immediately call ACB at 413-743-0001 Monday, Tuesday, Wednesday and Friday between the hours of 8:30 a.m. and 4:00 p.m., Thursday from 8:30 a.m. to 6:00 p.m. and Saturday between the hours of 8:30 a.m. and 12:00 p.m. or write to us at Adams Community Bank, P O Box 306, Adams, MA 01220. There is a limited recovery window for fraudulent transactions and immediate escalation may prevent further loss. Note: In order to minimize the risk of loss, we strongly suggest that you call us immediately and then confirm in writing.

LIABILITY FOR FAILURE TO MAKE ONLINE TRANSFERS OR PAYMENTS

If we do not complete a transfer 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. We will not be liable in the following situations:

  1. The payment or transfer to a payee referenced previously is not allowed.
  2. If, through no fault of ours, you do not have available funds in your account to make the transfer or payment.
  3. If the transfer would go over the credit limit on your overdraft line.
  4. If the funds are subject to legal process or other encumbrance restricting such transfer.
  5. If the computer system was not working properly and you knew about the breakdown when you started the transfer.
  6. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken.
  7. If the transfer was attempted against a passbook type of account.
  8. If we have a reasonable basis for believing that an unauthorized use of your user ID and / or password, or designated account have occurred or may be occurring or if you default under any agreement with us or if you or the Bank terminates this agreement.
  9. The payee does not process a payment correctly or in a timely manner
  10. If you negligently or intentionally share your user ID and password, or if you do not report immediately any known theft of your user ID and / or password, leading to unauthorized access to accounts.
  11. If your computer or mobile device is compromised, leading to unauthorized access to accounts
  12. If you leave your device unattended in the middle of a banking session and that results in unauthorized access to your account(s)
  13. If you do not sign-off after completing your banking session
  14. If your input error is the cause of a problem
  15. If there are postal delays that result in a payee not crediting your payment promptly
  16. For direct, indirect, incidental, special, consequential, economic or other damages arising out of the use of ACB Online, including Bill Payment Services
  17. For loss, property damage or bodily injury, whether caused by the equipment, software, Bank, internet browser or internet access provider
  18. There may be other exceptions stated in our other agreements with you, or that may occur unforeseeably

If any of the circumstances listed immediately above occur, we will make a reasonable effort to take appropriate corrective action or to reprocess the transactions that may not have been completed or to correct transactions that have been incorrectly processed.

MOBILE BANKING AND ADAMS COMMUNITY BANK ONLINE BANKING

The Online Banking site is optimized for mobile users and deploys the same security included in the Online Banking full site. The analytics that poses challenge questions, extra challenge questions and Risk Based Authentication (RBA) questions still apply. The User ID and Password are the same as the users online banking User ID and Password.

Although much of the full site functionality is available in the mobile browser there are some restrictions including:

  • The ability to create a new Bank to Bank or Person to Person transfer payee
  • The ability to create a new Bill Pay Payee
  • The ability to update an address
  • Change Challenge Questions or Reverse Security Image

You are also responsible for any telephone charges incurred in connecting to your Internet Service Provider (ISP) that gives you access to the Internet.

We will not be liable for losses or damages carried in whole or in part by our actions or omissions that result in any disclosure of account information to third parties. Also, nothing about Mobile Banking creates any new or different liability for us beyond what is already applicable under your existing agreements.

CONFIDENTIALITY

In order that your privacy may be protected, we will not disclose any information about you or your account to any person, organization, or agency except:

  1. For certain routine disclosures necessary for the completion of a transfer; or
  2. For verification of the existence and condition of your account for a credit bureau or merchant; or
  3. To persons authorized by law in the course of their official duties; or
  4. To our employees, auditors, service providers, attorneys or collection agents in the course of their duties; or
  5. Pursuant to a court order or lawful subpoena; or
  6. To a consumer reporting agency as defined in Chapter 93 of Massachusetts General Laws; or
  7. By your written authorization which shall automatically expire 45 days after our receipt of your authorization; or
  8. As explained in the separate Privacy Disclosure.

INFORMATION PROVIDED BY YOU

You represent and warrant that all information you provide to us is accurate, complete and current information for eligibility, application, registration, payment and all other purposes. If at any time, any information you have provided us becomes inaccurate, you will promptly provide us the additional information necessary to make the information you previously provided true and complete in all material respects. You are responsible for all statements made and acts that occur through the use of your User ID and Password, and for all instructions entered through and under your User ID and Password.

INDEMINIFICATION

If you are the primary user or an authorized user performing transactions from an account, you agree to indemnify ACB and hold us harmless from and against any and all claims, demands, expenses (including, but not limited to, reasonable attorney fees and costs), losses or damages claimed by any third parties (including, but not limited to, any persons authorized to perform transactions) arising out of (i) any transactions or attempted transactions covered by this agreement or (ii) your breach of this agreement.

If we initiate any legal action to collect money owed to us under this agreement or any related agreements, including any counterclaim, you agree to pay all of our costs for such action, including any reasonable attorneys’ fees. This provision does not apply to action in connection with any credit account. In such cases, the credit agreement will govern these costs.

AMENDMENT AND TERMINATION

We have the right to modify or amend this agreement as allowed by law. Any modifications or amendments shall be effective thirty (30) days after ACB sends notice of the amendments to you. Either of us may terminate this Agreement at any time by giving written notice to the other, but the termination of this Agreement does not terminate your account(s) with ACB. Closing the accounts(s) which you use to access ACB Online Banking terminates this agreement simultaneously. The Bank may also cancel your privilege to use Online Banking even without telling you in advance.

INTERNET GAMBLING

You agree not to process transactions that are restricted under the Unlawful Internet Gambling Enforcement Act (UIGEA). Internet gambling transactions are prohibited and should not be processed through any accounts.

GOVERNING LAW

This Agreement will be governed by and interpreted in accordance with Federal Law and regulation, and to the extent no applicable Federal Law or regulation exists, by the law of the State of Massachusetts.

NOTICES

In the event you need to provide us with notification, it should be addressed to Adams Community Bank, ATTN: Deposit Operations Department, 2 Center Street, PO Box 306, Adams, MA 01220. In the event the Bank needs to provide you with a notice, the notice shall be deemed delivered once mailed or e-mailed by us to your last known address in our records.

Electronic Communications: Internet email communication is not considered to be a secure form of communication. For bank account inquiries you agree to contact ACB electronically using only the secure messaging feature on the online banking system. You also agree that any communication from us to you regarding your online banking accounts including any disclosures or other information required to be delivered in writing under applicable law may be delivered to you in electronic form and that such electronic communication shall be in lieu of written communication. This includes electronic delivery of changes in terms notices affecting your use of online banking.

You may print a copy of such communications using the “print” function of your web browser software. ACB Online Disclosures can also be found under the Service Center tab. You may also request a paper copy at any time by contacting the bank directly.

MISCELLANEOUS

Your right to use the Online Services is not transferable. Any User ID, Password, or right given to you to obtain information, documents, or services is not transferable.

SPECIAL RULES FOR BUSINESS CUSTOMERS:

Business customers are not eligible to enroll automatically in Online Banking. The bank may permit certain business customers to use ACB Online for their online banking needs. For those customers, certain provisions of this Agreement do not apply, therefore if you are a sole proprietor, a limited liability company, corporation, partnership or other business entity:

  1. All business accounts are governed by the Bank’s rules set forth in the “Important Account Information for our Business Customers” brochure provided at account opening;
  2. The time limits and other requirements relating to response to error notifications (as described in the section titled “Error Resolution Procedures for Consumer Accounts Only” of this document) do not apply;
  3. ACB will not be liable for any losses or damages incurred through ACB Online unless they are the result of our gross negligence or willful misconduct; and
  4. ACB shall be entitled to rely on the apparent authority of any person who access ACB Online using the User ID and Password. Except as otherwise provided by law, the Bank will be indemnified and held harmless for any loss or expense caused by any person who accesses ACB Online using the User ID and Password. In the event you wish to change authorization (as a result of personnel changes, your business policy, or for any other reasons) it is your sole responsibility to notify us immediately to revoke access to protect against improper use of the service.

CONTACT INFORMATION

Adams Community Bank
Operations Department
2 Center Street, P.O. Box 306
Adams, MA 01220
Phone: 413-743-0001
contactus@adamscommunity.com

Revision 9/9/2014