Amended March 1, 2007
In this agreement, the words "we", "us", or "our" mean Wayne Bank. When we use the words, "you" or "your" we mean each person who has an interest in an account or other relationship that is accessible through electronic banking.
This agreement, for Wayne Bank Electronic Banking Services, includes disclosures for specified electronic funds transfers. This agreement is in addition to other agreements between us, including your checking, savings, and other deposit account agreements (which we provided to you when the account was opened), your credit card agreements, your overdraft protection agreements, loan agreements and/or your line of credit agreements. By accessing this site, you acknowledge that you have reviewed these terms and agree to use the site and services only in accordance with this agreement. We may amend or terminate this agreement at any time by posting the relevant amendments/notices on this page.
You acknowledge that upon accessing this site, you have read the agreement carefully and request Wayne Bank provide this service to you. You agree to be legally bound by its terms and conditions.
When you register, you are asked to provide certain personal information. In order to prevent unauthorized access and use of your accounts, you agree to keep all personal information confidential. Security pass codes should be kept in a secure location, separate from your account numbers, software programs or access by others.
Wayne Bank strongly advises you to not disclose your personal information to anyone. If you decide to share personal information with advertisers, financial service providers, consolidators of financial information, or anyone else, you understand that the policies and practices of those to whom you released the information and not the policies and practices of Wayne Bank will govern the use of your information.
If you choose to respond to any Wayne Bank electronic surveys or supply personal information in connection with our own banking services, you understand and agree that you are communicating directly with Wayne Bank, that we may use the information you provided to address your specific needs.
You agree that Pennsylvania Law governs your use of this site and you further agree that jurisdiction and venue shall be located in Wayne County, Pennsylvania.
Information, communications, transactions and other services provided to you by us through any non-branch remote channel may include, but not be limited to, account information, funds transfers, bill payments, stop payment orders, check inquiries, purchase of foreign currency and check reorder for account(s) established at a branch or any products or services offered by or through Wayne Bank from time to time.
Equipment and Software
One of the following devices is required to access the electronic banking services:
1. Personal Computer (PC)
2. Touch Tone Telephone
You must be an authorized user of the system utilized to access the electronic services. You also need to have at least one eligible deposit or credit account with us. If you have more than one account, we will "link" the accounts under your personal "alpha key". Your legal name and taxpayer identification number determine your personal "alpha key". Any non-linked account will not be accessible through the electronic banking service.
Liability for Lost or Erroneous Data
We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur due to the use of your chosen computer system.
Interruptions in Services
From time to time we may perform maintenance on our equipment or system which may result in service interruptions or errors. We may also need to change the scope of our services from time to time. In no event will we, our officers, directors, employees or agents be liable to you for any consequential, incidental or indirect damages arising out of the use, misuse, or inability to use the services.
Important Note for Non-Personal Account Holders
The loss, theft and unauthorized use of your user identification and/or password could cause you to lose all the money in your account, plus any amount available under your overdraft protection credit line. Your use of the services as an eligible non-personal deposit account is your agreement to assume all risks and losses resulting from the disclosure of your user identification and/or password to those persons you authorize to use the services on your behalf.
No Signatures Required
When you access our Internet banking or telephone banking systems and generate items to be charged to your account, you agree that we may debit your designated eligible account or the account on which the item is drawn without requiring your signature on the item and without prior notice to you.
Amendment to this Agreement
We may amend this agreement (including changes in fees and charges) by giving notice to you at least 30 days before the effective date of the amendment, unless law or regulation requires the amendment or change. Your continued use of the service is your agreement to the amendments.
Either party may terminate any service provided by this agreement at any time upon giving at least ten (10) business days prior written notice. However, we reserve the right to terminate service without notice to you for more than 90 days inactivity.
Electronic Funds Transfer Disclosures
These disclosures, and their accompanying rights and obligations apply only to natural persons whose accounts are established primarily for personal, family or household purposes and only to electronic funds transfers made by such persons, which are governed by the Federal Electronic funds Transfer Act and Federal Reserve Regulation E. Your monthly deposit account statement shows the status of your account(s), transactions you made at ATM's, merchant card terminals, and use of our telephone banking and internet banking services.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time period.
You are responsible for all funds transfers you authorize using the services. If you permit other persons to use the services or your access codes, you are responsible for all transfers they authorize from your accounts. You should notify us immediately if you believe any of your personal accounts have been accessed or your access codes have been taken or used without your permission. Call us immediately at 1-800-598-5002 or write to: Attn: Electronic Banking Department, Wayne Bank, PO Box 269, Honesdale, PA 18431-0269.
Our Business Days
Our business days are Monday through Friday, 8:30 AM to 4:00 PM, Eastern Time. Holidays and emergency closings are not included.
Liability for Failure to Make Transactions
We are responsible for completing electronic funds transfers from your account on time and in the correct amount according to our agreement with you and according to your properly entered and transmitted instructions. However, we will NOT be liable:
1. If, through no fault of ours, you do not have enough available funds in the account from which a payment or transfer is to be made.
2. If any payment or transfer would exceed the credit limit of any account.
3. If our equipment or yours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
4. If circumstances or persons beyond our control prevent, delay, intercept, or alter the transaction despite reasonable precautions on our part. Such circumstances include, but are not limited to, computer failure, telecommunication outages, fire, flood, and other natural disasters.
5. If the money in the account from which a payment or transfer is to be made is subject to legal process, or other claim restricting the transaction.
6. If you have not given us complete, correct or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction.
7. If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
8. If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due.
9. If circumstances beyond our control prevent making a transfer or payment, despite reasonable precautions we have taken. Such circumstances include, but are not limited to, computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, fires, floods and other natural disasters.
10. Except as required by law, we shall not be liable for indirect, incidental or consequential damages arising out of use of electronic banking services.
11. There may be other exceptions not specifically mentioned here.
Disclosure of Account Information to Others
As described below, we may disclose information to third parties about your accounts if:
1. We have entered into an agreement to have another party provide services you have requested.
2. It is necessary for completing transfers you have requested.
3. In order to comply with laws, government agency rules or orders, or court orders, subpoenas, or other legal process.
4. You give us your written permission.
Electronic Fund Transfer Error Resolution
Call us as soon as you can at 1-800-598-5002, if you think your statement or transaction record is wrong or if you need more information about a transfer listed on the statement or transaction record. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. (1) Tell us your name and account number (if any). (2) 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. (3) Submit your question to us in writing within 10 business days.
We will tell you the results of our investigation within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have use of the money during the time it takes to complete the investigation. If we do not receive your complaint in writing within 10 business days, we may not credit your account. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.
We will tell you the results within three business days after completing our investigation. If we determine there was no error, we will send you a written explanation. You may ask us for copies of the documents that we used in our investigation.