Internet Banking Terms and Conditions Agreement
This Agreement describes your rights and obligations as a user of the
On-line Banking Service or the Bill Payment Service ("Service"
or "Services"). It also describes the rights and obligations
of EUREKA BANK. Please read this Agreement carefully. As an authorized
account holder you must abide by the terms and conditions of this
agreement, and those provided to you at account opening, in order to use
this Service.
CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC
COMMUNICATIONS
By selecting the "I Accept" button below, you are (1)
acknowledging your receipt of the information listed below, (2) agreeing
that any contract you enter into with EUREKA BANK for the provision of
certain On-line Banking Services, may be in electronic form, and (3)
agreeing that certain information that may be delivered in connection
with the Services may also be in electronic form.
You are also acknowledging receipt of the following information and
agree that:
● We may provide you with this Agreement and any revisions and
amendments thereto in electronic form, and that, if you choose to accept
the Agreement, you are consenting to enter into and are entering into an
agreement electronically that will govern all future transaction you
conduct using the Service.
● We may provide you revisions and amendments to the Agreement and
such other information, including but not limited to information under
Regulation E and under other applicable banking or financial services
laws or regulations in connection with the Service, electronically as a
part of the Agreement or otherwise as a part of the Services. While you
may print and retain a copy of the Agreement or any information provided
to you in relation to the Service, we only provide these documents
electronically.
● You have a right at any time to withdraw, without service
charges, your consent to receive information electronically. However,
because the Agreement and the Information are provided only in
electronic format, your withdrawal of consent will terminate all the
Services.
● If you wish to withdraw consent to receive information
electronically, to terminate the Services, or to update your information
such as a change of address, or email address, you may call EUREKA BANK
at 412-681-8400, or write a letter and send it to:
EUREKA BANK
3455 Forbes Avenue
Pittsburgh, PA 15213
● You are able to access information that is provided in the same
manner as the information and the Services via the Internet.
DEFINITIONS
The following definitions apply in this Agreement.
"On-line Banking" is the Internet-based service providing
access to your account(s) under the terms set forth in this Internet
Banking Terms and Conditions Agreement
"On-line Account" is a EUREKA BANK account from which you will
be conducting transactions using a Service.
"Bill Payment" is the Internet-based service providing
payments to EUREKA BANK or to third parties from your designated EUREKA
BANK account(s).
"Bill Pay Account" is the transaction account from which you
are initiating a Bill Payment.
"Business Day" refers to Monday through Friday, excluding
holidays as determined by EUREKA BANK. All On-line transaction requests
received after 7:00 p.m. EST, or on a non-Business Day, will be
processed immediately, but will not appear in the online history until
the following Business Day.
"Password" is a series of numbers and/or letters that you
select after the initial sign-on that establishes your connection to the
Service. EUREKA BANK will provide you with a code for use during the
initial sign-on process.
"Payment Initiation Date" is the date you enter into On-line
Banking when setting up a bill payment.
"Time of day" references are to Eastern Standard Time.
"We," "us" "our" or "EUREKA
BANK" refer to EUREKA BANK, which offers the Services provided
under this Agreement and holds the accounts accessed by the Services.
ACCESS TO SERVICES
EUREKA BANK will provide on-line instructions
describing how to use the On-line Banking Service or Bill Payment
Service. To gain access to this Service you will need your Access ID and
your Password.
HOURS OF OPERATION
The Services are generally available 24 hours-a-day, 7 days a week,
except during special maintenance and upgrade periods, which routinely
are scheduled between 12:00 a.m. and 5:00 a.m. Monday mornings.
USE OF YOUR SECURITY PASSWORD
The safety of our customers' accounts and account information is of
paramount importance to EUREKA BANK. We go through great lengths to
protect confidentiality and the security of your account, and urge you
to do the same. You agree not to allow anyone to gain access to the
Services or to let anyone know your Password used with the Services. You
agree to assume responsibility for all transactions initiated through
the Services with your EUREKA BANK User-ID, up to the limits allowed by
applicable law. While EUREKA BANK continues to provide our customers
with the level of on-line security we believe necessary and appropriate,
customers who share their User-IDs and Passwords are giving up the full
benefit of our security measures and legal protections to which they may
be entitled. No EUREKA BANK representative will ever call and ask for
your Access ID or User Password.
IF YOUR PASSWORD HAS BEEN LOST OR STOLEN (DOES NOT
APPLY TO BUSINESS CHECKING ACCOUNTS)
If your Password has been lost or stolen, call EUREKA BANK immediately
at 412-681-8400, between 9:00 AM to 4:00 PM, Monday through Thursday and
between 9:00 AM to 6:00 PM on Friday. Telephoning EUREKA BANK is the
best way of minimizing your losses. You may also restore the security of
your Service by immediately changing your Password. If you believe your
Password has been lost or stolen and you notify us within two Business
Days after you learn of the loss or theft, you can lose no more than
$50.00 if someone uses your Password to conduct unauthorized electronic
funds transfers without your permission. If you do NOT notify us within
two Business Days after you learn of the loss or theft of your Password,
and we can prove we could have stopped someone from using your Password
to conduct unauthorized electronic funds transfers without your
permission if you had told us, you could lose as much as $500.00.
BANKING TRANSACTIONS WITH ON-LINE BANKING
In addition to viewing account information, you may use On-line Banking
to conduct the following transactions:
● Transfer funds among your linked checking, savings, money
market, loan and line of credit accounts.
NOTE: Because regulations require EUREKA BANK to limit pre-authorized
transfers (including On-line Banking transfers), the following
limitations apply:
● Statement Savings Account-- You can make no more than six (6)
transfers per statement period by pre-authorized or automatic transfer,
or by telephone or On-line Banking.
● Money Market Savings Account-- You can make no more than six (6)
transfers per statement period by pre-authorized or automatic transfer
or by telephone or On-line Banking, and no more than three (3) of these
may be by check, draft or debit card.
● Initiate bill payments.
New services may be introduced for On-line Banking from time to time.
EUREKA BANK will notify you of the existence of these new services. By
using these services when they become available, you agree to be bound
by the rules that will be made available to you concerning these
services.
STATEMENTS
You will continue to receive your regular account statement either
monthly or quarterly, depending on the type of account.
If your statement shows transfers that you did not make, notify EUREKA
BANK immediately at 412-681-8400, or write a letter and send it to:
EUREKA BANK
3455 Forbes Avenue
Pittsburgh, PA 15213
If you do not notify EUREKA BANK within sixty (60) days after the
statement was mailed to you, you may not recover any money lost after
the sixty (60) days which would not have been lost if EUREKA BANK had
been notified in time. (This does not apply to business checking
accounts.)
ERRORS AND QUESTIONS
In case of errors or questions regarding an On-line Banking or Bill
Payment transaction, you may call EUREKA BANK at 412-681-8400, or write
a letter and send it to:
EUREKA BANK
3455 Forbes Avenue
Pittsburgh, PA 15213
We must hear from you at the specified telephone number or address no
later than sixty (60) calendar days after we sent you the first
statement on which the problem or error appeared. We will need:
● Your name and account number.
● A description of the error or the transfer in question, and an
explanation concerning why you believe it is an error or need more
information.
● The dollar amount of the suspected error.
● The date on which it occurred.
If the report is made orally, we may require that you send the complaint
or question in writing within ten (10) Business Days from your initial
contact. We will notify you with the results of the investigation within
ten (10) Business Days after you contact us and will correct any error
promptly. If more time is needed, however, we may, at our sole
discretion, take up to forty-five (45) calendar days to investigate a
complaint or question. If this occurs, we will credit your account
within ten (10) Business Days for the amount you think is in error. This
will allow you to use the money during the time it takes us to complete
our investigation. If your complaint or question is not received in
writing within ten (10) Business Days from your original contact, we may
not credit your account until the investigation is completed.
If your notice of error concerns a transaction that occurred during the
first 30 days after the first deposit to the account was made, the
applicable time periods are 20 Business Days in place of 10 Business
Days and 90 calendar days in place of 45 calendar days.
If we determined that no error occurred, we will send you a written
notice within three (3) Business Days. You may request copies of the
documents that were used in the investigation.
You agree that EUREKA BANK may respond to you by e-mail with regard to
any claim of unauthorized electronic fund transfer related to the
Service. Any such electronic mail sent to you by EUREKA BANK shall be
considered received within three (3) Business Days of the date sent by
EUREKA BANK, regardless of whether or not you sign on to the Service
within that time frame.
LIMIT OF EUREKA BANK'S RESPONSIBILITY
EUREKA BANK agrees to make reasonable efforts to ensure full performance
of On-line Banking. EUREKA BANK will be responsible for acting only on
those instructions sent through On-line Banking which are actually
received, and cannot assume responsibility for circumstances over which
EUREKA BANK has no direct control. This includes but not limited to, the
failure or malfunctions in communication facilities, which may affect
the accuracy or timeliness of messages you send. EUREKA BANK is not
responsible for any losses should you give incorrect instructions, or if
your payment instructions are not given sufficiently in advance to allow
for timely payment or delays in mail service.
Any information you receive from EUREKA BANK is believed to be reliable.
However, it can only be provided on a best-efforts basis for your
convenience and is not guaranteed. EUREKA BANK is not liable for any
deficiencies in the accuracy, completeness, availability, or timeliness
of such information, or for any investment or other decision made using
this information.
EUREKA BANK is not responsible for any fees incurred for Internet
access, or for any computer virus or related problems that may be
attributable to services provided by any Internet access service
provider.
You are responsible for obtaining, installing, maintaining, and
operating all computer hardware and software necessary for performing
On-line Banking. EUREKA BANK will not be responsible for any errors or
failures from the malfunction or failure of your hardware or software.
The limit of EUREKA BANK's liability shall be as expressly set forth
herein. Under no circumstances will EUREKA BANK be liable in contract,
tort, or otherwise for any special, incidental, or consequential
damages, whether or not foreseeable. By consenting to use the Services,
you agree to waive any and all right to any of the aforesaid, and you
acknowledge that the limit of your remedy is as otherwise expressly set
forth herein.
EUREKA BANK'S RESPONSIBILITY
EUREKA BANK will be responsible for your actual losses if they were
directly caused by our failure to:
● Complete an Electronic Funds Transfer as properly requested
● Cancel an Electronic Funds Transfer as properly requested.
However, we will not be responsible for your losses if:
● Through no fault of EUREKA BANK, you do not have enough money in
your account to make the transfer
● Through no fault of EUREKA BANK, the transaction would have
caused you to exceed your available credit
● Circumstances beyond our control (e.g., fire, flood, power
outage, mail delivery delays, equipment or technical failure or
breakdown) prevent the transfer, despite reasonable precautions that we
have taken
● There is a hold on your account, or if access to your account is
blocked in accordance with banking policy
● Your funds are subject to legal process or other encumbrance
restricting the transfer
● Your transfer authorization terminates by operation of law
● You believe someone has accessed your accounts without your
permission and you fail to notify EUREKA BANK immediately
● You have not properly followed the scheduling instructions,
included in this Agreement, to make a transfer or the Payee refuses the
Service
● For the failure of any payee to correctly account for or credit
the payment in a timely manner
● We have received incomplete or inaccurate information from you
or a third party involving the account or transfer
● For changes to the payee's address or account number (unless you
have advised us of the change within three (3) Business Days in advance)
● We have a reasonable basis for believing that unauthorized use
of your Password or account has occurred or may be occurring, or if you
default under this Agreement, the Deposit Account Agreement, a credit
agreement, or any other agreement with us, or if we or you terminate
this Agreement
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 any of the circumstances listed above shall occur, we shall assist
you with reasonable efforts in taking appropriate corrective action to
reprocess the transactions that may not have been completed or to
correct incorrect transactions that have been processed.
ELECTRONIC MAIL (EMAIL)
If you send EUREKA BANK an electronic mail message through the Service,
EUREKA BANK will be deemed to have received it on the following Business
Day. Emails will be answered within a reasonable timeframe.
You should not rely on electronic mail if you need to communicate with
EUREKA BANK immediately (e.g., if you need to report an unauthorized
transaction from one of your accounts, or if you need to stop a payment
that is scheduled to occur).
You agree that EUREKA BANK may respond to you by electronic mail with
regard to any matter related to the Service, including responding to any
claim of unauthorized electronic funds transfer that you make. Any such
electronic mail sent to you by EUREKA BANK shall be considered received
within three (3) days of the date sent by EUREKA BANK, regardless of
whether or not you sign on to the Service within that time frame.
E-MAIL RETURNED AS UNDELIVERABLE
If an e-mail to the consumer (containing an alert
notice or other disclosure) is returned as undeliverable, the redelivery
requirement is satisfied if, for example, EUREKA BANK sends the
disclosure to a postal address that EUREKA BANK has on file for the
consumer. Sending the disclosure a second time to the same electronic
address is not sufficient if EUREKA BANK has a different address for the
consumer.
OTHER AGREEMENTS
In addition to this Agreement, you and EUREKA BANK agree to be bound by
and comply with the requirements of the agreements applicable to each of
your On-line Accounts. Your use of the On-line Banking service or the
Bill Payment Service is your acknowledgment that you have received these
agreements and intend to be bound by them. All terms and conditions of
the disclosures provided to you at account opening, including but not
limited to, the Truth in Savings, Regulation E Disclosure, Depositor's
Agreement and Terms and Conditions apply to this Service.
MODIFICATIONS TO THIS AGREEMENT
EUREKA BANK may modify the terms and conditions applicable to either
Service from time to time upon mailing or delivering a notice of the
modifications to you at the address shown on our account records, and
the revised terms and conditions shall be effective at the earliest date
allowed by applicable law. We may send any notice to you via electronic
mail and you will have been deemed to have received it three (3) days
after it is sent. We reserve the right to terminate this Agreement and
your use of the Services in whole or in part at any time without prior
notice.
DISCLOSURE OF INFORMATION TO THIRD PARTIES/ PRIVACY
POLICY
A copy of EUREKA BANK's Consumer Privacy Statement is available upon
request at any of our branches, or can be mailed to you upon request by
calling EUREKA BANK at 412-681-8400, or writing a letter and sending it
to:
EUREKA BANK
3455 Forbes Avenue
Pittsburgh, PA 15213
You can also access our Policy online by clicking on the Privacy Policy
icon on the EUREKA BANK Website.
INACTIVITY / TERMINATION
You are responsible for complying with all the terms of this Agreement
and with the terms of the agreement governing the deposit accounts which
you access using electronic banking services. We can terminate your
On-line Banking privileges (including the Bill Payment Service) under
this Agreement without notice to you for any reason; or if you do not
pay any fee required by this Agreement when due, if you do not comply
with the Agreement governing your deposit or loan accounts, or your
accounts are not maintained in good standing. We will promptly notify
you if we terminate this Agreement or your use of the services for any
other reason.
If you are not paying a monthly service charge for the Service, we may
convert your account to inactive status if you do not sign on to the
Service or have any transaction scheduled through the Service during any
consecutive 180 day period. If your account is considered inactive, you
must contact us to have the Service activated before you will be able to
schedule any transaction through the Service.
To cancel the On-line Banking and/or Bill Payment Service, you must
notify EUREKA BANK. Your notification should include your name, address
and the effective date to stop the service(s). When Bill Payment is
terminated, any pre-scheduled bill payments made through On-line Banking
will also be terminated. Your final charge for the Bill Payment Service
will be assessed at the end of your statement cycle. You may notify
EUREKA BANK by one of the following methods:
● By initiating a customer inquiry through our Web site
● By calling 412-681-8400
● By writing a letter and either sending it to:
EUREKA BANK
3455 Forbes Avenue
Pittsburgh, PA 15213
GOVERNING LAW
This Agreement is governed by the laws of the Commonwealth of
Pennsylvania and applicable federal law(s).
FEE SCHEDULE
EUREKA BANK offers the benefits and convenience of the On-line Banking
service to you at no monthly charge.
EUREKA BANK reserves the right to impose fees in the
future and will notify you in writing regarding said fees at least
thirty (30) days in advance of the effective date.
Rev. 10/19/07