|
e-Banking Consent to Receive Electronic DisclosuresClick Here for Printer Friendly Version
To access and use Cape Fear Bank e-Banking, you must agree to this consent to receive electronic disclosures and the e-banking agreement and disclosure (the “Agreements”). You must agree to the Agreements in electronic
form, and you must consent to receive the Agreements and all communications
regarding e-Banking electronically. If you do not agree, you will not be able to access Cape Fear Bank e-banking..
The following information and disclosures will be provided electronically: the Agreements; and, all communications (including disclosures and notices) regarding online banking, all future amendments (including to the Agreements), and all notices of changes, suspension, restriction, and termination of e-Banking services. We will provide future communications electronically by posting the communication or posting a link to the communication on the e-Banking log-in page or on a separate web page that you must click-through to access e-Banking. We also may send communications to your e-mail address. You consent to receive electronic communications by posting, e-mailing, or both. You may download or print the communications from a computer if the computer has the hardware and software described below. We will post or e-mail communications prior to their effective date when the law or regulations require us to do so. However, your use of e-Banking after the effective date of any communication means that you have accepted the communication. To change your e-mail address, see the section of the e-banking agreement and disclosure entitled, “Special Information About E-Mail and Notices.”
e-Banking is available ONLY if you accept the Agreements electronically.
Except as required by law or regulation, we do not provide paper copies
of the Agreement or related disclosures. e-Banking Agreement and Disclosure Introduction Introduction You
or Your -
The person(s) subscribing to or using Cape Fear Bank Bill
Pay and Bill
Payment Service - Refer to the optional bill payment service
that allows you to make payments from designated eligible accounts
to companies or individuals ("payees") whom you select. The
bank utilizes a third party service provider for the Bill Payment
Service. About Cape Fear
Bank e-Banking
Internet
Security Information Log In Security Your session time is unlimited, but to help prevent unauthorized access
and ensure the security of your accounts, we may end your online session
if we have detected no activity for 20 minutes. This is to protect you
in case you accidentally leave your computer unattended after you log
in. When you return to your computer, you will be prompted to re-enter
your Password and your session will continue where you left off. Because
your Password is used to access your accounts, you should treat it as
you would any other sensitive personal data. You should carefully select
a Password that is hard to guess. Fees for the Cape
Fear Bank e-Banking Service Balance Inquiries
and Transfers Limitations Bill Payment Processing Please follow the instructions within the Bill Payment Service to set-up payees and schedule payment transactions. Payments may be scheduled from eligible deposit accounts. You may use Bill Pay only for payees located within the United States. The Bill Pay terms may contain additional limitations on types of payees. The Bill Payment Service reserves the right to refuse any payee, and although the Bill Payment Service will endeavor to notify you of a refusal, no notice is required if you attempt to make a prohibited payment or an exception payment as described in the Bill Pay terms. The Bill Payment Service also reserves the right to select the method in which to remit funds on your behalf to a payee, such as electronic payment, electronic to check payment, laser draft, or regular check. You must schedule a payment at least four (4) business days prior to the day you want your payee to receive the payment ("scheduled payment date"). Your account is debited on the scheduled payment date. You must select a scheduled payment date that is no later than the actual due date required by your payee. If your payee requires payment to be made by a particular time on the due date or the due date is a non-business day, you must select a scheduled payment date at least one business day before the actual due date. The Bill Payment Service includes an e-mail payment functionality that allows you to make payments from your designated eligible account to any other account enrolled in the e-mail payment service. The e-mail payment service is provided by our Bill Pay service provider and is subject to requirements in the Bill Pay terms. By scheduling a payment, you authorize us and the Bill Payment Service to follow your payment instructions and, in order to process payments more efficiently or effectively, to edit or alter payment data or data formats in accordance with payee directives. You also authorize us and the Bill Payment Service to debit your designated eligible account and to remit funds on your behalf to the designated payee. You promise to have sufficient funds in your account (or in an overdraft line of credit) to make all scheduled payments. If the Bill Payment Service is unable to complete a transaction for any reason associated with your account (such as insufficient funds in your account), the Bill Payment Service may not complete the transaction. Alternatively, the Bill Payment Service may make additional attempts to complete the payment and/or may complete the payment as an overdraft on your account. If your Bill Pay payment overdraws your account, and the overdraft is not covered by an approved line of credit relating to the overdrawn account, you agree to make immediate payment to us of the amount of the overdraft, together with related service charges such as non-sufficient funds (NSF) fees. You also agree that we may charge the overdraft and related service charges against your other accounts with us to the extent permitted by law or by your Deposit Account Agreement and Disclosure. The Bill Payment Service also may charge you a late charge as noted in the Bill Pay terms. For information on handling of payments returned from payees, please refer to the Bill Pay terms or contact our Customer Service Department. Special
Information about E-Mail and Notices Any notice we give you concerning e-Banking when we send you an electronic message to your external e-mail address, or when you access or use e-Banking after the effective date of a notice posted on our web site on or near the log-in page, or when we mail or deliver the notice to you at the address we have for you in our account records, will be effective immediately or as required by Federal Regulations. We will e-mail or mail to you notices or alerts of disclosures covered by Regulation E or the Electronic Fund Transfers Act. Any notice we send you will be deemed to have been received by you at the earlier of (i) your confirmation of receipt or (ii) within three days of being sent. If any of your accounts has more than one co-owner, notice to any one co-owner will be considered effective notice to all. Pursuant to this Agreement and the consent to receive electronic disclosures that you must agree to in order to access and use e-Banking, you agree that we may send you by means of an electronic message any information we are required by law or regulation to provide you. We do not provide paper copies unless required to do so by law or regulation. A notice that alerts you to availability of a disclosure on an Internet web site and provides you with the web site address of the disclosure, in lieu of sending you the entire disclosure, will be sufficient notice, absent a legal restriction. You agree to notify us promptly in writing of any address change, including regular mail and electronic mail addresses. You must notify us by e-mailing us using the “contact us” button, by mailing us at Cape Fear Bank e-Banking Customer Service Department at 1117 Military Cutoff Road, Wilmington, NC 28405, or by visiting a Customer Service Representative at our branch locations. Notice
of Your Rights and Liabilities If you believe that your Access ID or Password has been lost or stolen or that someone has transferred or may transfer money without your permission, call us at (910) 509-2000 or write to Cape Fear Bank e-Banking Customer Service Department, 1117 Military Cutoff Road, Wilmington, NC 28405. For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included. Our business hours are 9:00 a.m. through 5:00 p.m. Changing
or Canceling Transfer Instructions Made Through e-Banking; Right
to Stop Payment Errors
and Questions 1. Telephone the Cape Fear Bank e-Banking Customer Service Department at (910) 509-2000; or 2. Write to the Cape Fear Bank e-Banking Customer Service Department at 1117 Military Cutoff Road, Wilmington, NC 28405; or 3. Notify us using your PC through e-mail to e-Banking@capefearbank.com. 4. We must hear from you within 60 days after you receive the first statement or notification in which the error or problem appeared. Please include the following information:
If you tell us orally, we may require that you send us your complaint or question in writing or by email using the Contact Button on the Cape Fear Bank e-Banking Welcome page within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 business days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have 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 credit your account. If your complaint or question involves an electronic funds transfer initiated at a place outside the United States or occurs within the first thirty (30) days the account is open, we may take up to ninety (90) days to investigate. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide there was no error, we will furnish you with a written explanation within three (3) business days after the investigation is complete. You may ask for copies of the documents that were used in the investigation. Statements Our Liability
For Failure to Make a Transfer 1. If, through no fault of ours, you do not have enough money in your account to make the transfer or complete the transaction. 2. If the transaction would go over the credit limit on your overdraft line or exceed your line of credit. 3. If there is a hold on your account, or if access to your account is blocked, in accordance with our policies. 4. If the money in your account is subject to legal process or other claim restricting such transfer or payment. 5. If your transfer or transaction authorization terminates by operation of law. 6. If you believe someone has accessed your account without your permission and you fail to notify us immediately. 7. If you have not properly followed the scheduling instructions on how to make a transfer or payment included in this Agreement or within the Bill Payment Service. 8. If we have received incomplete or inaccurate information from you or a third party involving the account or transaction; if you have not provided correct account or payee information to the Bill Payment Service; if the person or entity to whom you direct a transfer or payment mishandles, delays, or fails or refuses to accept a transfer or payment sent by us or the Bill Payment Service; if there are postal or processing delays by a Bill Payment payee; or if there are technical problems with our receipt of information or instructions from you). 9. If e-Banking or the Bill Payment Service is not working properly. 10. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer or the proper execution of the transaction, despite reasonable precautions that we have taken. 11. If we have a reasonable basis for believing that unauthorized use of your Access ID, Password or account has occurred or may be occurring or if you default under this Agreement, the Deposit Account Agreement and Disclosure, a loan or credit agreement or any other agreement with us, or if we or you terminate this Agreement. 12. Applicable law prevents completion of the transaction. 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 none of the above applies and you have followed the requirements in the Bill Payment Service, but your Bill Pay payment is late, the Bill Payment Service may reimburse you for late payment charges; however, the Bill Payment Service may have limitations on the amount of late payment charges that it will reimburse (for example, a $50 limitation). Disclosure
of Account Information to Third Parties 1. It is necessary for completing or documenting a transaction or activating additional services, or to investigate possible authorized transactions or to combat fraud. 2. To verify the existence and condition of your account to a third party such as a credit bureau or merchant. 3. To comply with a governmental agency or court order, or other reporting requirements. 4. If you give us your written permission. 5. To collect information for internal use, the use of our service providers, and our servicing agents and contractors concerning our electronic funds transfer service. 6. It involves a claim by or against us concerning a deposit to or withdrawal from your account. 7. Where otherwise required or permitted under state or federal laws and/or regulations, or as otherwise described in our current Privacy Statement. Information concerning your account history with us will be shared within our organization. Other information, including information you have given us as part of an application for one of our products or services, or information we have received from a credit bureau or other third party, also may be shared among affiliated companies within our organization. You may direct that information other than your bank account history not be shared with bank affiliates by e-mailing us using the "contact us" button or calling us at (910) 509-2000 during business hours. Inactivity;
Termination To cancel e-Banking, you must notify us and give us your name, address, account number, and the date to stop your access. You may notify us by using the "contact us" button, by writing us at Cape Fear Bank e-Banking Customer Service Department, 1117 Military Cutoff Road, Wilmington, NC 28405, or giving your written request to a Customer Service Representative at our branch locations. Any payment processed by the Bill Payment Service before the requested cancellation date will be completed. However, any payments still unprocessed on the cancellation date will be cancelled. Neither termination nor suspension will affect your liability or obligation under this Agreement or the Bill Payment Service terms and conditions, including but not limited to your responsibility for maintaining sufficient funds in your accounts for any processed Bill Pay transactions. Consumer
Protection No Warranties;
Disclaimers THIS IS OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN
NO EVENT SHALL WE OR OUR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES ARISING FROM
OR RELATING TO e-BANKING OR THE BILL PAYMENT SERVICE, EXCEPT TO THE
EXTENT STATED IN THIS AGREEMENT OR REQUIRED BY LAW. WE MAKE NO
WARRANTIES TO YOU REGARDING e-BANKING OR THE BILL PAYMENT SERVICE,
AND WE DISCLAIM ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTIBILITY
AND FITNESS FOR A PARTICULAR PURPOSE). No Signature
Requirements Joint Accounts Virus Protection Governing
Law Assignment;
Waiver Amendments Entire
Agreement Your access or use of e-Banking is your acknowledgement that you have received these agreements and all related disclosures and terms and that you intend to be bound by them. You should review other disclosures received by you when you open your accounts with us, including those regarding electronic funds transfers and fee schedules. I have read and accept the terms of the Cape Fear Bank
e-Banking
Consent to Receive Electronic Disclosures and
e-Banking
Agreement and Disclosure Your use of e-Banking confirms your acceptance of the Agreements. |
EQUAL HOUSING LENDER 