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These terms of use are for businesses only. |
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The terms and conditions of the deposit agreements and disclosures for each of your Bank accounts as well as your other agreements with Benchmark Bank such as loans, continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement is also subject to applicable federal laws and the laws of the State of Ohio (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and Benchmark Bank's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment Form and Fee Schedule, constitutes the entire agreement between you and Benchmark Bank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein. Some of the terms set forth in this agreement are governed by the Electronic Funds Transfer Act ("EFT Act") which is only applicable to consumers. Commercial Account holders are not entitled to the rights provided under the EFT Act. Definitions - As used in this Agreement, the words "we", "our", "us" and "Bank" mean Benchmark Bank. "You" and "your" refer to the “Account Holder” authorized by Benchmark Bank to use Business Online Banking under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder's funds through Business Online Banking. "Account" or "accounts" means your accounts at Benchmark Bank. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your Bank accounts using Business Online Banking including bill payments. "Business Online Banking Services" means the services provided pursuant to this Agreement, including the Bill Payment Service. "Business days" means Monday through Friday. Holidays are not included. Access - To use Business Online Banking, you must have at least one account at Benchmark Bank, acquire the computer hardware and software required to access Business Online Banking, access to Internet service, a web browser that provides encryption using a 128-bit key, and an e-mail address. It is your responsibility to maintain and upgrade your computer equipment for your use of Business Online Banking. Benchmark Bank is not responsible for equipment failure or malfunction on your computer, any computer virus that may affect your computer or other problems that may occur, directly or indirectly, from your use of Business Online Banking. Once we have received your signed Enrollment Form, and verified your account information, we will send to you by postal mail, confirmation of our acceptance of your enrollment, along with your assigned access ID and temporary password. Business Online Banking can be used to access only the bank accounts which you have designated for access by Business Online Banking in your Account Authorization Form. You can add or delete any of your Bank accounts from this Agreement by completing a new Account Authorization Form. Access to your accounts through Business Online Banking will be based upon the identification of users and authority levels specified by you in your Enrollment Form. We undertake no obligation to monitor transactions through Business Online Banking to determine that they are made on behalf of the accountholder.
Business Online Banking Services - You can use Business Online Banking to check the balance of your Bank accounts, view Bank account histories, transfer funds between your Bank accounts, make stop payment requests, view checks, make wire and ACH transfers and pay bills from your Bank accounts (via the optional online bill payment service). Balance and activity information is available as of the current business day as transactions are posted.
Hours of Access - You can use Business Online Banking seven days a week, twenty-four hours a day, although some or all Business Online Banking services may not be available occasionally due to emergency or scheduled Business Online Banking maintenance.
Your Password - For security purposes, upon your initial login you will be required to change your access ID and your password. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and suggest you change your password regularly. Upon 3 unsuccessful attempts to use your password, your access to Business Online Banking will be revoked. To re-establish your authorization to use Business Online Banking, you must contact us to have your password reset or to obtain a new temporary password. We require that you create a password that utilizes both upper and lower case alpha and numeric for purposes of security. Your password must be a minimum of seven characters and a maximum of seventeen characters long. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.
Security - You understand the importance of your role in preventing misuse of your accounts through Business Online Banking and you agree to promptly examine your periodic 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, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information alone, or together with information related to your account, may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via Business Online Banking is encrypted in an effort to provide transmission security and Business Online Banking utilizes identification technology to verify that the sender and receiver of Business Online Banking transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the Business Online Banking 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 Premier Business Online Banking, or e-mail transmitted to and from us, will not be monitored or read by others. Fees and Charges - You agree to pay the fees and charges for your use of Business Online Banking Services as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the Benchmark Bank checking account designated as the "Primary Checking Account" on your Enrollment Form. If you close your Primary Checking Account, you must contact us immediately to designate another account as your Primary Checking Account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of Business Online Banking.
Balance Reporting - Benchmark Bank shall provide you, subject to the terms and conditions contained in the Agreement, with the service(s) that you requested as specified on the Business Online Banking Enrollment Form which is made a part of this Agreement. Benchmark Bank shall provide prior day and memo post balance and transaction information on your account(s). Benchmark Bank shall not be responsible for the accuracy and timeliness of the delivery of any information furnished to the Business Online Banking system by other reporting banks.
Transfers - You agree that given the size, type and frequency of the intra-Bank transfers, which you intend to make, the following procedures are commercially reasonable. You agree that Benchmark Bank may solely rely on these procedures to verify the authenticity of your transfer requests. You agree to be bound by any transfer requested in its name and which is in compliance with such procedures whether actually authorized or not. The procedures are as follows: A. You are responsible for the input and verification of all information onto the Business Online Banking system. Benchmark Bank shall have no responsibility to determine the accuracy of such information. Should there be any conflict between account number and account name, the account number shall prevail. Benchmark Bank shall be entitled to rely upon any transfer request reasonably believed by Benchmark Bank to have been input by you or your authorized users specified in the Enrollment Form. B. Benchmark Bank cut-off time for transfer requests is 5:00 p.m. (EST), after which time such requests will be processed the next business day. C. Benchmark Bank may, in its sole discretion, reject any transfer request if there are insufficient Available Collected Funds in your authorized account(s) as specified on your Enrollment Form; or the transfer request (1) is not authenticated to Benchmark Bank's satisfaction or which Benchmark Bank, in good faith, believes may not be authorized by you; (2) contains incorrect, incomplete or ambiguous information; or (3) involves funds subject to a lien, hold, dispute or legal process which prevents their withdrawal. Benchmark Bank shall incur no liability for any loss to you or to any third person occasioned by Benchmark Bank's refusal to make such transfer. D. Benchmark Bank shall not be responsible for any loss or liability arising from: Your negligence or breach of this Agreement; any ambiguity or inaccuracy in any book transfer request or in the information set forth in this Agreement given to Benchmark Bank by you; or from any error, failure or delay in the execution of a book transfer, including without limitation any inoperability of computer or communication facilities, or other circumstances beyond the Bank's reasonable control.
Limitations - With a Savings account and Money Market account you may make six (6) transfers from your account each four (4) week or similar period, if by preauthorized or automatic transfer, or telephone (including date transmission) agreement, order or instruction. Transfers and withdrawals made in person, by messenger, by mail or at an ATM are unlimited. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds being held until the hold expires.
Posting of Transfers - Transfers initiated through Business Online Banking before 5:00 p.m. (EST) on a business day are posted to your account the same day. Transfers completed after 5:00 p.m. (EST) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. Business Online Banking identifies transfers based upon the login ID of the user who made the electronic transfer. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers from your accounts in order to avoid overdrafts. Overdrafts (Order of Payments, Transfers, and other Withdrawals) - If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then: A. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority; B. Electronic fund transfers initiated through Business Online Banking which would result in an overdraft of your account may, at our discretion, be canceled; C. In the event the electronic fund transfers initiated through Business Online Banking which would result in an overdraft of your account are not canceled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
Online Bill Payment Service [if applicable] - Upon approval of the online bill payment services you will be granted access to perform online bill payments. To perform a bill payment, you must designate the BANK account from which the payments are to be made; the complete name of the payee, the account number, and the payee's remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be debited from your account. If the date you want the payment to be debited from your account is not a business day, your account will be debited the next business day before 5:00 p.m. (Eastern Standard Time). By using the ONLINE BANKING Bill Payment Service option, you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer, "no signature required draft", or by debiting and remitting funds on your behalf. You also agree that your first ONLINE BANKING bill payment will be charged to the account selected by you along with any fee charged by us for this service (see fee schedule). We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly.
Scheduling ONLINE BANKING Payments - Payments using the Bill Payment Service will be paid by paper check (unless the vendor you pay participates to receive payments by ACH), you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until 5 to 8 business days after the date the payment is debited from your account. If the payee is to be paid electronically (as indicated on the Bill Payment list), you understand and agree that the payee may not receive the payment until 3 business days after the date the payment is debited from your account. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account. How to Cancel a Bill Payment - To cancel a bill payment that you have scheduled through SYSTEM, you must contact our Online Banking department at 518.758.4003 before 5:00 p.m. (Eastern Standard Time) prior to or on the date the payment is scheduled to be debited from your account.
Stop-Payment Requests - Business Online Banking allows you to: (1) place a stop payment order request of up to six (6) months in duration; (2) cancel an existing stop payment order; or (3) determine the paid status of a check. Any stop payment placed on the Business Online Banking six (6) months from date of the placement of the stop payment order by you. A. You agree to indemnify Benchmark Bank against any loss for the amount of said check and all expenses, costs and consequential damages, if any, incurred by Benchmark Bank because of refusing payment pursuant to your stop payment order. You agree not to hold Benchmark Bank liable on account of payment contrary to your stop payment order if same occurs through inadvertence, accident or oversight, or if by reason of such payment other items drawn by the undersigned are returned insufficient. You agree that any stop payment placed on any check issued on your accounts designated on the Enrollment Form may be relied upon by Benchmark Bank to have been placed by an agent of you duly authorized to place the stop payment, and Benchmark Bank shall have no duty or obligation to verify either the authenticity of the stop payment order request or the authority of the person placing it. B. Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment which has been paid electronically. C. You may initiate stop-payment requests online via Business Online Banking only for paper checks you have written (non-electronically) on your Benchmark Bank accounts (not bill payer paper drafts.) Online stop-payment requests received by 5:00 will be processed the same day. Requests received after 5:00 will be processed on the next business day. To be effective, this type of stop-payment request must precisely identify the account number, name of the payee, the check number and the amount of the check. Benchmark Bank shall have no responsibility to determine the accuracy of such information. Benchmark Bank shall provide you notice of the actual stop payment of a check by making such information accessible to you online via Business Online Banking. D. If you make your stop-payment request online or by telephone, we may also require you to put your request in the form of a paper writing and get it to us within 14 days after you call. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account.
Preauthorized Electronic Fund Transfers - Right to Stop Payment and procedures for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how: Call us at (518) 758-7101, or write us at Benchmark Bank, Electronic Banking Dept., One Hudson St. Kinderhook , NY 12106 , 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 fourteen (14) days after you call. We will charge you $30.00 for each stop payment order you give. - Notice of varying amounts: If these regular payments vary in amounts, the person you are going to pay will tell you, ten (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. Wire Transfer Requests - If you and your authorized representatives listed on the Enrollment Form desire to originate wire transfer of funds and the Bank is willing to act as your originating and receiving Bank for that purpose, but only with respect to those payment orders of yours which the Bank originates and accepts, then you will need to sign the Wire Transfer Agreement. ( Please contact our Internet Banking Department at (518)758-7101 for a copy of the Wire Transfer Agreement ).
Automated Clearing House Requests - If you and your authorized representatives listed on the Enrollment Form desire to originate Automated Clearing House (ACH) transactions (referred to herein as “Entries) through Financial Institution for deposit or withdrawal of funds to and from the accounts of your certain customers and other parties (“Customers”) maintained at the Bank and other Participating Institutions (“Accounts”), then you will need to sign the Agreement to Perform Automated Clearing House Services. ( see attached if applicable )
Disclosure of Account Information and Transfers - You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to Business Online Banking. You agree and hereby authorize all of these transfers of information.
Confidentiality - We will disclose information to third parties about your account or the transfers you make: ? Where it is necessary for completing transfers; ? In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or ? In order to comply with government agency or court orders, or ? If you give us your written permission.
Periodic Statements - You will not receive a separate Business Online Banking statement. Transfers to and from your accounts using Business Online Banking will appear on the respective periodic paper statements for your Benchmark Bank accounts.
Change in Terms - We may change any term of this Agreement at any time. If the change would result in increased fees for any Business Online Banking service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on Benchmark Bank web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject Business Online Banking Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments -Telephone us at (518) 758-7101, or write us at Benchmark Bank, Electronic Banking Department, One Hudson St., Kinderhook, NY 12106 as soon as you can, if you think your paper statement is wrong, or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent the FIRST paper statement on which the problem or error appeared. When you contact us: A. Tell us your name and account number (if any). B. Describe the error or 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. C. Tell us the dollar amount of the suspected error. D. If the suspected error relates to a bill payment made via the Business Online Banking system Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. If you contact us orally or by e-mail, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within ten (10) business days. We will determine whether an error occurred within 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 forty-five (45) 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 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 in the form of a paper writing within ten (10) business days, we may not credit your account. 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 you a written explanation. You may ask for copies of the documents that we used in our investigation.
Our Liability for Failure to Make a Transfer - 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 when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance: A. If, through no fault of ours, you do not have enough money in your account to make a transfer. B. If a legal order directs us to prohibit withdrawals from the account. C. If your account is closed, or if it has been frozen. D. If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts. E. If you or anyone authorized by you, commits any fraud or violates any law or regulation. F. If any electronic terminal, telecommunication device, or any part of the Business Online Banking system electronic fund transfer system is not working properly and you knew about the problem when you started the transfer. G. If you have not provided us with complete and correct payment information for the Business Online Banking Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment. H. If you have not properly followed the on-screen instructions for using Business Online Banking. I. If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
Your Liability for Unauthorized Transfers - CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of you password, you can lose no more than $50 if someone used your password without your permission. If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500. Also, if your paper statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period 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 contacting us, we will extend the time periods.
Disclaimer of Warranty and Limitation of Liability - We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Business Online Banking system Services provided to you under this Agreement. We do not and cannot warrant that Business Online Banking will operate without errors, or that any or all Business Online Banking Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to Business Online Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Benchmark Bank and its affiliates exceed the amounts paid by you for the services provided to you through Business Online Banking.
Your Right to Terminate - You may cancel your Business Online Banking service at any time by providing us with written notice by postal mail or fax. Your access to Business Online Banking will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate - You agree that we can terminate or limit your access to Business Online Banking Services for any of the following reasons: A. Without prior notice, if you have insufficient funds in any one of your Benchmark Bank accounts. Business Online Banking service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits. B. Upon 3 business days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account. C. Upon reasonable notice, for any other reason in our sole discretion.
Communications Between Benchmark Bank and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways: A . E-mail -You can contact us by e-mail at www.benchmark-bank.com (Please note that Banking transactions through Business Online Banking are not made via e-mail.) B. Telephone - You can contact us by telephone at (614) 269-4400 C. Facsimile - You can contact us by fax at (614) 269-4421 D. Postal Mail - You can write to us at: Benchmark Bank 461 Beecher Rd. Gahanna , Ohio 43230 E. In Person – You may visit us in person at any one of our locations: Gahanna Office 461 Beecher Rd. | Gahanna , Ohio 43230 Westerville Office 468 Polaris Parkway | Westerville , Ohio 43081
Consent to Electronic Delivery of Notices - You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Bank System web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.
Business Online Banking ONLINE BANKING FEE SCHEDULE
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461 Beecher Rd. Gahanna, Ohio 43230 | (614) 269-4400 | (614) 269-4500 FAX (C) 2006 Benchmark Bank. All Rights Reserved. Member FDIC. Equal Housing Lender. |
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