1. General Terms and Scope
- a. The use of Online Banking requires that you read and agree to the terms and conditions of this Online Banking Agreement (“Agreement”). If you choose to not accept this Agreement, by clicking the “Do not Accept” button, then you will be returned to CertusBank’s Online Banking log in page and you will not be enrolled in Online Banking. When you click “ACCEPT” and use Online Banking, these actions indicate that you or anyone you authorize (collectively referred to as “you”), are acknowledging that you have read, understood and agree to all terms and conditions within this Agreement. If you do not agree to the terms and conditions in this Agreement, do not register for Online Banking or any features within our Online Banking Services, such as Bill Payment, Mobile Banking, eAlerts and External transfers.
- b. By entering into this Agreement, you certify that you are at least 18 years of age or older and that you have the authority to conduct transactions for the accounts you request access to through Online Banking. You also agree not to use Online Banking to conduct any business, activity or solicit the performance of any activity that is prohibited by law, or any contractual provision by which you are bound. You agree to comply with all applicable laws and regulations in connection with our Online Banking.
2. Definitions of Terms
- a. “Bank,” “we,” “our,” and “us,” refer to CertusBank, N.A.
- b. “You” and “your” refer to any person that is a signer on an Account or a representative who has the authority to access the Account through Online Banking.
- c. “Account” or “Accounts” refer to your deposit and loan accounts established at the Bank, including lines of credit
- d. “Business day” means any day Monday through Friday, except bank holidays.
- e. “Bill Payment Service” means a third party bill payment service or electronic bill presentment service that you select in addition to Online Banking. This service is governed by a separate Agreement which you must accept prior to using Bill Payment services.
- f. “Consumer Account” means a checking, savings or money market Account established by an individual primarily for personal, family or household purposes.
- g. “Electronic message” means an electronically transmitted message that allows the text to be displayed on equipment in the recipient’s possession (personal computer, mobile phone, tablet, i-pod and any future developed Internet or App enabled devices). An electronic message is considered written notice for purposes of this Agreement.
- h. “Online Banking” means the Internet-based banking service provided by the Bank through this Agreement.
- i. “Password” is the secret word or phrase that you select and meets the requirements for Online Banking access.
- j. “Transfer Instructions” are instructions you give us through Online Banking to transfer funds between Accounts you can access through Online Banking.
- k. “User ID” means the unique user name that you select when establishing your Online Banking relationship with us.
- l. “Website” refers to the Bank’s Online Banking website which is found athttp://www.certusbank.com.
3. Consumer Protection Provisions (Not Applicable to Non-consumer Accounts)
- a. Consumer Account Provisions. Certain provisions of this Agreement apply only to Consumer Accounts, which as defined above means a checking, savings or money market account established by an individual primarily for personal, family or household purposes. The consumer protection provisions of the federal Electronic Fund Transfer Act and Regulation E of the Board of Governors of the Federal Reserve/Consumer Financial Protection Bureau apply only to electronic fund transfers involving Consumer Accounts.
- b. Non-consumer Accounts. If an Account is owned by an entity (business, organization, association, government, etc. which not a natural person) or was established by a natural person in order to conduct transactions primarily for business, commercial or agricultural purposes, then any Online Banking electronic fund transfer will be considered an “authorized use,” and your liability for any Online Banking transaction relating to that Account will be unlimited, regardless of the provisions within the Federal Electronic Fund Transfer Act, Regulation E, or any standardized literature or disclosures we may have inadvertently provide to you.
4. Minimum Hardware and Software Requirements to Use Online Banking
To use Online Banking, you need:
- • A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing.
- • An Internet browser that supports 128-bit encryption, such as Internet Explorer version 9.0 or above. Please visit our Online Banking Security page for specific browser and software requirements.
- • A valid e-mail address on file with us, and e-mail software capable of interfacing with standard e-mail protocols.
- • Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit.
- • A printer that is capable of printing from your browser and e-mail software.
We may update these requirements at any time in our sole discretion. You are solely responsible for having the required hardware and software and for securing an Internet service provider. You also are responsible for any and all fees relating to communications carriers (e.g., telephone, cable, DSL or satellite), software providers (other than software that we may provide you) and/or Internet service fees that may be assessed by your communications carrier and/or Internet service provider.
5. Access to Online Banking
In addition to the hardware and software requirements above and having an Account with us, in order to use Online Banking, you must have an Access ID and Password. Once you have completed the first time login screen, you will be asked to reset your Password. Thereafter, you may change your Password at any time. We recommend that you change your Password regularly and memorize it. Do not write it down. It is your responsibility to remember your Password; we do not maintain a record of it. Your new Password should be 8-16 characters with at least 1 number, 1 upper case letter and 1 lower case letter.
You are able to reset your Password through Online Banking or by contacting CertusBank’s Customer Engagement Center at 1-888-Certus1 (1.866.237.8871). For CEC available hours, click here.
6. Electronic Disclosures and Communications
Unless otherwise required by applicable law or pursuant to your written request, in the event that we are required to provide a notice or other communication to you in writing, that notice or other communication may be sent to you electronically to your e-mail address as reflected in our records at time of communication distribution. You agree that we may send notices and information about our products or services to you electronically, to the extent allowed by law. Any notice we give you concerning Online Banking and/or your Accounts is effective when we send you an electronic message or when we mail or deliver the notice to you at the address we have for you in our Account records. Any notice we send you will be deemed to have been received by you 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. You may request a paper copy of the information up to sixty (60) days after receiving our electronic message. Subject to applicable law, updates to this Agreement, as well as all disclosures, notices and other communications regarding Online Banking will be provided to you within our Online Banking website. You can obtain free copies of any of these documents by contacting CertusBank Customer Engagement Center at 1-888-Certus1 (888.237.8871). For CEC available hours, click here.
You will continue to receive all of the paper Account statements and other bills and similar Account material that you currently receive by mail, unless you are enrolled in eStatements. If you wish to withdraw your consent to receive communications provided in electronic form, you must notify us in writing at CertusBank, N.A. Attn: Customer Engagement Center, PO Box 448, Greenville, SC 29602 or by FAX at 864-855-0282. Further information regarding email and secure messaging is set forth below. You agree that these are reasonable procedures for sending and receiving electronic communications.
7. Use of Your Online Banking User ID and Password
Except to the extent prohibited by applicable law or regulation, you will be deemed to have expressly authorized any Online Banking transaction facilitated through the Website:
- 1. Initiated by you, at your direction, with your User ID and Password, or with your consent (whether expressed or implied);
- 2. Initiated by an agent with respect to any Account which you may access through Online Banking;
- 3. Initiated by a member of your household, whether or not related to you;
- 4. Initiated by any person (or that person’s agent) who is the owner or co-owner of any Account which you may access through Online Banking;
- 5. Which results in the transfer of funds between Accounts you may access through Online Banking, even if subsequent transfers out of the Accounts benefit someone else;
- 6. Which is to or for your benefit (for example, the payment of a debt for which you are partially or fully liable); or
- 7. Which you contend is unauthorized, unless you cooperate fully with us in our investigation of the transaction, assign to us your right of recovery against the wrongdoer if we reconstitute your Account, and cooperate fully with us in the recovery of any loss we sustain and the prosecution of any wrongdoer.
Any person initiating the foregoing transactions will be deemed an authorized user except to the extent prohibited by applicable law or regulation.
8. Security; Reliance on Your Instructions
You understand the importance of your role in preventing misuse of your Accounts through Online Banking and you agree to promptly examine your periodic paper and/or electronic statement for each of your Bank Accounts as soon as you receive it. You agree to protect the confidentiality of your Account and Account number, your User ID and Password, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself or together with information related to your Account, may allow unauthorized access to your Account. Your User ID and Password are intended to provide security against unauthorized entry and access to your Accounts. Data transferred via the online banking system utilizes identification technology to verify that the sender and receiver of the System transmissions can be appropriately identified by each other. Regardless of our efforts to insure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Bank’s system, or e-mail transmitted to and from us, will not be monitored and read by others.
We will rely and act on instructions we receive through Online Banking. You are responsible and liable for those transactions to the extent allowed by law and as provided in this Agreement and all of our Other Agreements with you. All such instructions will be considered as having been given to us directly by you and shall have the same authority as your written signature in authorizing us to comply with the instructions. You agree that you have been provided with a disclosure of the security procedures that will be used to authenticate transactions through Online Banking. You agree that those security measures are commercially reasonable security measures and that we may rely upon any instructions we receive upon authentication using these agreed upon security procedures.
9. Anti-Virus, Firewall, Spyware and Other Protection
You are responsible for taking and maintaining security precautions to protect your computer, data, and system. You agree that we are not responsible for any electronic virus, spyware, or malware that you may encounter using the Bank’s Online Banking product. We encourage you to routinely scan your PC and diskettes using any up-to-date, reliable virus, spyware, and malware protection product to detect and remove any virus, spyware, and malware found. Undetected or unrepaired, a virus, spyware, or malware may corrupt and destroy your programs, files and even your hardware. You are responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to your operating systems, and for protecting, securing and backing up any data and information stored in or on your operating systems. We are not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on your operating systems or accessed through an internet connection.
10. Transfers You May Make Using Online Banking
Your use of Online Banking to conduct the types of transfers listed below is subject to the terms and limitations stated within this Agreement, subject to any additional agreement for a particular service, and subject to the applicable instructions and disclosures we provide to you for each type of transaction. This Agreement, our Other Agreements with you, and our disclosures may limit your ability to initiate transactions, including limits or restrictions on the number and dollar amount or types of transactions that we may from time to time impose. As new services become available, by your use of such services, you agree to be bound by this Agreement and amendments to this Agreement regarding the new services and any additional rules which we provide you concerning the new services.
Subject to any other applicable agreements, you can make the following transfers using Online Banking:
- a. Transfers Between Your CertusBank Deposit Accounts – You can transfer funds between your deposit Accounts with us (i.e., checking or savings Accounts).
- b. Transfers from your CertusBank Deposit Accounts to a CertusBank Loan Account – You can transfer funds from a deposit Account to a loan Account to make loan payments.
- c. Transfers from your CertusBank Lines of Credit – If you have a line of credit with us, you may use Online Banking to obtain an advance on that line, within your credit limit, and transfer that amount to a deposit Account.
- d. Bill Payments – If you sign up for Bill Payment Services, you may pay bills directly from your CertusBank Deposit Accounts in the amounts and on the days you request. Bill Payment Services are provided by a third party, CheckFree Services, who is not affiliated with us. The terms of your Bill Payment Services are governed by the terms and conditions provided by the Bank at the time you enroll in those services.
- e. Transfers Between your CertusBank Accounts and Accounts held own at Other Banks (“External Transfers”) – For Personal and Business Deposit Accounts when using this Online Banking system, you may transfer funds from your CertusBank Accounts to your accounts at other financial institutions, as well as transfer funds from other banks to your CertusBank deposit account. International transfers are not supported. See Section 15 below for more details.
- f. Popmoney (Person-to-Person Payment Service). If you enroll in the Popmoney service, you may initiate a payment to a party maintaining a deposit account at a financial institution within the United States or you may receive a payment from a third party located within the United States.
11. Accounts You May Access
Subject to any restrictions we may impose from time to time, you may access any of your deposit Accounts at CertusBank through Online Banking. All deposit Accounts and line of credit Accounts on which you are an Account owner, authorized signer or borrower may be linked. If you have a line of credit (e.g., overdraft protection), you agree that the available portion of a line of credit may be accessed through Online Banking. You understand and agree that the provisions of the agreement relating to your line of credit will govern overdrafts, and direct advances resulting from your use of Online Banking.
12. Real-Time Account Information
By using our Online Banking, you can get your Account information conveniently and for your Account(s). Balance information shown for your deposit Accounts is the balance in your account at the beginning of the business day, less any holds, and includes certain debits and credits which have taken place since the close of the previous banking day (for example, ATM deposits and withdrawals, cash deposits, wire transfers and other online activity). While the Bank strives to update your Account(s) in real-time, we cannot guarantee that the balance in your Account(s) is accurate at a given point in time. It is your responsibility to maintain an accurate understanding of the funds available in your Account(s). At a minimum, the transaction history of your Account which is available for viewing online, will include your current statement cycle plus the previous statement cycle.
13. Communications via Email and Text Alerts
- a. Email. Conventional email is not a secure method of communication, and we strongly recommend that you not send confidential information, such as account numbers and other financial information, using email. You acknowledge that you understand the risk of using email and that we are unable to guaranty the authenticity, privacy or accuracy of information received or sent via email or to monitor the authorization of persons using your email address. E-mail messages sent to the Bank are the property of the Bank and we reserve the right to delete such messages from the Bank’s system from time to time. You agree to keep your email address current at all times.
We will not send you email requesting confidential information such as your Account number, User ID, or password. If you are contacted by anyone requesting this information, do not provide it and contact us immediately.
You understand and agree that we may not immediately receive any email and that we are not responsible for acting on any email until we have received and had a reasonable opportunity to respond. If you believe an unauthorized person has obtained access to your email account, you agree to immediately contact us so we can take steps to cease e-mail communications to you at that address. You agree that we have no obligation to monitor any email address or access device utilized by you or the source of any communication received from your email address. You agree to release us, indemnify us, and hold us harmless from any claim or liability resulting from or connected to any communications sent or received using email.
- b. eAlerts. You may set alert messages (“eAlerts”) regarding your Online Banking Account(s) by completing our eAlerts setup process. Via the setup process, you will set the Accounts and types of eAlerts you wish to receive. In addition, we may send you eAlerts automatically for security purposes when, for example, changes are made to your online Access ID or password. We may change, suspend, or terminate the Account Alerts service at any time without prior notice. As part of the set up process, you must designate an email address and/or mobile phone number to which the Account Alerts will be delivered. By setting up eAlerts, you consent to our delivery of eAlerts to the email address and/or mobile phone numbers you designate, and you are responsible for any charges and fees imposed by your cellular phone service and internet service provider. You must notify us of any changes to any email address or mobile phone number provided by you for eAlerts and, upon notifying us of any changes, we will have a reasonable time make such changes. We will not include your full Account number in eAlerts, however, you understand and acknowledge that eAlerts may contain information regarding Account balances, transactions, and other confidential information. You understand that anyone with access to the email address or mobile phone which you provided for Account Alerts may be able to access this information. It is your responsibility to secure and protect your email, mobile phone, computer, and Access ID and Password in order to protect the confidentiality of information contained in eAlerts. We do not guarantee the delivery or accuracy of eAlerts and shall not be liable for any (i) delay in delivery, failure to deliver, or mis-delivery of an eAlert; (ii) any errors contained in an eAlert or any incomplete information contained in an eAlert; or (iii) any action or inaction you or anyone else takes in reliance on an eAlert.
14. Establishing Internal Transfers among your CertusBank Accounts
When initiating a New Scheduled Transfer, the “transfer date” is the date you enter for the transfer of funds from one Account to another.
- a. Express Transfers. Express Transfers (one-time only) that transfer funds FROM a deposit Account TO another deposit Account, line of credit or loan Account will generally be processed simultaneously if the transfer request is made before 5:45 p.m. Eastern Time on a Business Day. For example, if you transfer funds from Deposit Account 1 to Account 2, the funds will be debited from Deposit Account 1 and credited to the available balance in Account 2 simultaneously if the transfer request is made on a Business Day prior to 5:45 p.m. The funds will be available immediately upon the transfer for withdrawal from Account 2 through an ATM or debit card transaction or at a teller window, and will also be available to honor checks or other items presented for payment against Account 2 in the nightly processing following the transfer. If we receive your transfer instructions after 5:45 p.m. EST/EDT, the transferred funds will be credited to your Account as of the next Business Day following the date you initiated the transfer.
- b. Scheduled Transfers. Scheduled Transfer of funds between your CertusBank deposit Accounts or between your CertusBank deposit and CertusBank loan Accounts will be processed as follows: (1) the transfer will be debited from your funding Account when you execute the transfer on the transfer date (regardless of the day or time we receive your instructions); and (2) the transfer will be credited to your receiving Account during our nightly processing on the day the transfer is scheduled, provided that (i) the transfer date you designate is a Business Day and (ii) we receive your instruction to transfer the funds no later than 5:45 p.m. Eastern Time on the transfer date. If you designate a non-Business Day as the transfer date, or if we receive your transfer instructions after 5:45 p.m. Eastern Time on the transfer date, the transferred funds will be credited to your Account as of the next Business Day following the transfer date.
- c. Limitations on Certain Transfers. For savings and money market Accounts, applicable federal regulations impose certain limits to pre-authorized, automatic, and telephone transfers (including online transfers) to six per statement cycle. Loan payments to us are not included in these limits.
CertusBank, per our Fee Schedule, may also impose fees for transfers from savings accounts in excess of three per month and for money market transfers in excess of 6 per month. For security reasons, we may impose additional limits on the frequency, number, and dollar amounts of transactions you can perform using Online Banking.
- d. Insufficient Funds. If your account does not have sufficient funds for an Express Transfer or a Scheduled Transfer, your transfer will not be processed. Insufficient funds to cover one scheduled transfer does not void future scheduled transfers.
- e. Line of Credit or Loan Transfers. Transfers of funds from a line of credit Account (or loan Account, when available) to a deposit Account will generally be processed simultaneously if the transfer request is made before 5:45 p.m. on a Business Day.
15. Cancellation Requests for Transfers Between Your CertusBank Accounts
You may cancel or edit any scheduled funds transfer (including recurring funds transfers) by following the directions within Online Banking or Bill Payment. There is no charge for canceling a scheduled funds transfer between your CertusBank Accounts. Once CertusBank has begun processing a funds transfer it cannot be cancelled or edited.
16. External Transfers
Subject to any applicable transfer limitations (discussed below), Online Banking permits you to transfer funds between your deposit Accounts at CertusBank and your accounts at other financial institutions in the United States. You are responsible for enrolling and verifying your non-CertusBank accounts that you wish to use for these transfers. You agree that you will attempt to enroll accounts only for which you have the authority to transfer funds.
External Transfers can be initiated on either a one time or recurring basis. CertusBank cannot guarantee the transfer or return of funds if another financial institution does not respond in a timely manner. We may make any External Transfers through any payment system or Automated Clearing House processor selected by us. You agree that External Transfers made through any Automated Clearing House processor are subject to the National Automated Clearing House rules.
a. Outbound Transfers. Outbound transfers are transfers from your CertusBank Account to your account at another financial institution. Funds will be debited from your CertusBank Account on the Business day after you direct us to initiate processing of the transfer. If you selected next day service, then your funds will be available on the next available business day. If you selected a standard transfer then your funds will be available generally within three business days after the transfer initiated. Please see chart.
b. Inbound Transfers. Inbound transfers are transfers to your CertusBank Account from your account at another financial institution. Funds will be debited from your external Account on the Business day after you direct us to initiate processing of the transfer. If you selected next day service, then your funds will be available on the next available business day. If you selected a standard transfer then your funds will be available generally within three business days after the transfer initiated. Please see chart.