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Online Banking terms and conditions
Terms and Conditions
ONLINE BANKING SERVICE TERMS AND CONDITIONS Welcome to Heritage Community Bank Online! This Online Banking Agreement and Disclosure (the "Agreement") outlines how you can use Heritage Community Bank’s Online Banking (the "Service") to obtain information about your accounts, to transfer funds between your accounts, and to request certain other bank services. It also contains the terms and conditions governing the Service. If you previously registered for Heritage Community Bank Online Banking, this version of the Agreement replaces the agreement that you had with us. If you continue to use the Service, you are bound by these terms. If you use Heritage Community Bank’s Online Banking, you thereby indicate your consent to these terms. You may print a copy of this Agreement for your records now or you can refer to this document in the Online Help section later at your convenience. SECURITY & PROTECTING YOUR ACCOUNT Heritage Community Bank is strongly committed to protecting the security and confidentiality of our customer account information. Heritage Community Bank uses state-of-the-art technology in the ongoing development of its Online Banking service to ensure this security. We use several different methods to protect your account information: * You can only access Heritage Community Bank Online with certain browsers that have a high security standard. * You must have a valid User ID and Password to logon. * Your account numbers are not displayed in full - only the last three digits can be viewed. * If no action is taken for 10 minutes, you will be automatically logged off. CUSTOMER RESPONSIBILITY You agree.... * Not to share your identifying information such as your password to any other person. The Bank may rely on your User ID to identify you when providing customer services to you. * Never to leave your account information displayed in an area accessible by others. * Never to leave your PC unattended while using Heritage Community Bank’s Online Banking. * To always exit the system by clicking on EXIT after using Heritage Community Bank’s Online Banking. * To notify Heritage Community Bank at 423-636-5000 immediately if you suspect that your User ID or password has become known to any unauthorized person. HERITAGE COMMUNITY BANK ONLINE E-MAIL COMMUNICATIONS Electronic messages sent and received via the "Contact Us" option in Heritage Community Bank Online’ s Banking (i.e. once your User ID and password have been accepted by Heritage Community Bank and your browser shows that a secure connection has been established) are secure. Communications sent over the public Internet are not necessarily secure. Therefore, we will not send, and we strongly suggest that you do not send, any confidential account information unless using the electronic communication options provided in our Customer Service section. You agree that we may take a reasonable time to act on any e-mail. Correspondence that requires expeditious handling -- for example, if you need to report an unauthorized transaction from one of your accounts, or if you need to immediately stop payment on a check you have issued, should be made by calling the Bank at 423-636-5000. You agree that Heritage Community Bank may send you electronic messages about other products or services we offer. REGISTRATION Business Accounts. Heritage Community Bank business account customers must first contact the Bank and enroll in Online Banking Services. For more information, see the Access ID Agreement and Disclosure that you will obtain when you receive your Access Identifier Enrollment Form. If your business has previously received an Access ID, your representative may enter it to register for Heritage Community Bank Online. Accounts you want to link to an Access ID, and what activity level each account linked to your Access ID will have. There are some limits on the accounts that can be linked to your Access ID. The person you appoint as your Access ID Administrator will decide which of your accounts to link to each Access ID and what activity level is appropriate for each account linked to the Access ID. DEPOSIT ACCOUNTS There are different activity levels that can be assigned to a User ID. All available accounts will have at least the Account Summary level. Only checking, money market deposit accounts, and loan accounts may also have the second activity level. At the present time, the activity levels are: (1) Account Inquiry: This activity level will allow you to obtain current account balance and transaction information up to one year after your first successful log on. This activity level does not include transferring funds. (2) Transferring Funds: This activity level allows you to obtain account information, to transfer funds between accounts linked to the User ID, and to obtain certain other banking services. Each checking, money market, and savings account linked to your User ID will have this activity level, unless you choose otherwise. (3) Bill Payment: This activity level will include the right to make payments to third parties through our Online Banking Service. MONEY MARKET ACCOUNTS If you use Heritage Community Bank’s Online Banking in connection with a Money Market Account, please read the information below. You should also refer to your Money Market Customer Account Agreement (the "Customer Agreement") or call 423-636-5000 for further information. While you can access your Money Market Account using Heritage Community Bank’s Online Banking, there are some differences between a Money Market account and a regular checking account. For Money Market Accounts, you will only see the transactions for the "checking" portion of the account using Heritage Community Bank’s Online Banking. FUNDS TRANSFER SERVICE If you are a consumer, and you have a User ID and password from us, you will be able to transfer funds between your Heritage Community Bank accounts. If you do not want to have the ability to funds transfer between accounts using Heritage Community Bank’s Online banking, or if you want to restrict the accounts from which you can transfer funds using your Access ID and password, call us at 423-636-5000, and we will make the necessary adjustments to this service for you. The terms that apply to the Funds Transfer Service are set forth more fully below. ONLINE BANKING FUNDS TRANSFER PROVISIONS As a Heritage Community Bank Online Banking customer, you can make immediate transfers between your Heritage Community Bank deposit accounts (and between your deposit accounts and your Money Market Account) over the Internet. All such transfers are subject to the terms of these Online Banking Funds Transfer Provisions (the "Transfer Provisions"). You can also use Heritage Community Bank’s Online Banking to transfer funds between your deposit accounts and certain loan accounts. Transfers are not permitted from line of credit accounts. By using the Funds Transfer Service (the "Service"), you agree to these Transfer Provisions. 1. General Information. a. Meaning of Terms. As used in the Transfer Provisions, the following words have the meanings given below. "You" and "your(s)" refer to each person (including any business) who applies to use the Service, and each person who uses the Service with the permission of an applicant. "Business" means any corporation, partnership, limited liability company, sole proprietorship or any other type of entity maintaining a deposit account for commercial purposes. "We," "us," "our(s)," "Heritage Community Bank," or "Bank" refers to Heritage Community Bank that holds an account that is accessed by the Service. "Business Day" means Monday through Friday, except banking holidays. b. Which Sections of These Provisions Apply to Consumer and Business Customers. Exclusion. When using the Service in connection with accounts established primarily for personal, family, or household purposes ("consumer" or "personal" accounts), Sections 1, 2, and 3, (but not Section 4) of these Transfer Provisions apply to you. When using the Service in connection with accounts established primarily for business purposes, Sections 1, 2, and 4 of these Transfer Provisions (but not Section 3) apply to you. c. Authorization To Charge Accounts. You are responsible for all transfers you or your authorized representative make using the Service. You authorize us to debit your designated account(s) for any transactions accomplished through the use of the Service. You agree that we may comply with transfer instructions entered by any one person using an authorized User ID and Password, notwithstanding any provision that may be contained in other account documentation purporting to require more than one signature to withdraw funds from the account. If you permit another person to use Heritage Community Bank Online or give them your User ID or Password, you are responsible for transfers and payments that person makes from the deposit and loan accounts linked to your Service registration even if that person exceeds your authorization. 2. Online Banking Funds Transfer Service Particulars. a. Types of Transfers; Posting. You can transfer funds between your Checking and Savings accounts using Heritage Community Bank’s Online Banking, and between your deposit accounts and your Money Market Account. All such transfers are effective when you complete the transaction online. You can also transfer funds between your deposit accounts and certain loan accounts using Heritage Community Bank’s Online Banking. Transfers to a loan will not be reflected in your loan balance until the business day following the day on which you complete the transaction. You cannot transfer funds between deposit accounts and line of credit accounts using the Service. b. Limits On Transactions. There is a maximum dollar limit on any transfer equal to the available balance in your account plus the available balance in any other account. c. Availability. Funds must be available in the account from which you wish to transfer funds on the date you enter the transaction. d. Restrictions on Transfers from Savings and Money Market Accounts. Under Federal Reserve Board Regulation D, you may make an unlimited number of deposits or transfers into a savings or money market account. Transactions not counted include: transfers to the bank holding the account for loan payments and associated expenses (whether the bank originated the loan or services it), transfers between account of the same depositor with the same bank if made at an ATM , withdrawals if made by mail (customer – messenger or in person) and withdrawals ordered by telephone if made by check mailed to the depositor. Limited transactions include up to six transfers and withdrawals per statement period to another account of the depositor a the same financial institution (or to a third party), by automatic or preauthorized transfer (including preauthorized debits), by telephone agreement (including FAX and data transmissions/on-line banking) order or instruction, check, draft, debit card (point of sale) and ACH debits. e. Insufficient Funds to Complete Transfer. If your account does not have sufficient funds to complete a transfer as of the date the transfer is scheduled to be made, the transfer may not be completed, but if we do complete the transfer as an accommodation to you, you are responsible for any overdraft created. f. Correcting or Canceling Your Transfer. You cannot cancel your transfer after it has been entered in Heritage Community Bank’s Online Banking and the information transmitted to us. You can correct information about a transfer before you send us the information, and you can use Heritage Community Bank’s Online Banking to reverse a transaction after it has been entered. g. Documentation and Verification of Transfers. The date and amount of transfers made through Heritage Community Bank’s Online Banking will be shown on the Transaction History screen, and will also be shown on your printed statements for the accounts from which and to which the transfer is made. h. Address and Telephone Number For Notification Of Unauthorized Use. If you believe your User ID or password has become known by an unauthorized person, or that someone has transferred money without your permission, call Heritage Community Bank immediately at: 423-636-5000, or write to: Heritage Community Bank, P. O. Box 428, Greeneville, TN 37744-0428 or email ebanking@hcbonline.us. If you suggest that an unauthorized transfer may have occurred, we may require you to sign an affidavit. Also contact us with any other questions or problems that you may have regarding the Service, including: * You have a problem with a transfer you authorized, or your statement reflects a transfer you think is in error. * You need to obtain documentation concerning a transfer previously issued from your account. i. Disclosure of Account Information. We may disclose information to third parties about your account or the payments or transfers you make: * When necessary for verifying or completing payments or transfers, or to resolve a problem related to a payment or transfer; * To verify the existence and status of your account for a third party such as a credit bureau or merchant; * If you give us your written (including electronic message) permission; or * As otherwise permitted or required in the Bank's Deposit Agreement and Disclosures or other applicable agreements, or by law or government regulations. 3. Additional Provisions Applicable Only to Business Accounts. When you transfer funds using Heritage Community Bank’s Online Banking in connection with business accounts, the information in this Section 4 applies to you. a. Enrollment Form. Before using the Service, you must complete and sign an Internet Banking Enrollment Form, which includes a certification of authority. This enrollment form is incorporated by reference as part of this Agreement. Only a person whose User ID has a "Financial Transaction" or "Bill Payment" activity level may sign up for the Heritage Community Bank’s Online Funds Transfer Service. b. Protecting Your User ID and password. You agree that we may send confidential mailings, including password confirmations, to the current mailing or e-mail address shown in our records for your primary checking account, whether or not that address includes a designation for delivery to the attention of any particular individual; and you further agree that Heritage Community Bank will not be responsible or liable to you in any way in the event that such properly addressed information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: (1) keep your User ID and password secure and strictly confidential, providing them only to authorized signers on your account(s) or other trusted employees, agents, etc. who you want to act as your representative to access your account(s); (2) instruct each person to whom you give your User ID and password that he or she is not to disclose them to any unauthorized person; and (3) immediately notify us and select a new User ID and Password if you believe your confidential codes may have become known to an unauthorized person. The Bank shall have no liability to you for any unauthorized payment or transfer made using your User ID and password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your User ID and password, even without receiving such notice from you, if we suspect they are being used in an unauthorized or fraudulent manner. c. Your Obligation to Examine Records And Report Discrepancies. The Bank provides no separate written confirmation of individual payments or transfers. Confirmation is provided through online information available from the Service and through your periodic account statements. You agree to examine your statement promptly and to notify us immediately of any discrepancy between the statement and your other account records. You also agree to notify us immediately of any discrepancy you may find in reviewing online information. In no event shall the Bank be liable for interest compensation as described below, unless we are notified of a discrepancy within 30 days from the date of your first statement reflecting the discrepancy. d. Acknowledgment of Commercially Reasonable Security Procedures. By using the Service, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions which are commercially reasonable. You agree to be bound by any instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we have had a reasonable opportunity to act on such notice). e. Limitation of Bank's Liability. If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event shall we be liable to both parties, and our payment to either party shall fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law our liability shall be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days' interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year. Unless otherwise required by law, in no event will the Bank be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorneys' fees, even if we are advised in advance of the possibility of such damages. CUSTOMER LIABILTY If you believe that your user identification, password, access code, or other means to access your account has been lost, stolen or otherwise compromised, or that someone may attempt to use the Service without your consent or has transferred money without your permission, or if you suspect any fraudulent activity in your account(s), you must notify the Financial Institution at once ((423) 636-5000 Monday through Thursday 8:30AM – 5:00PM, Friday 8:30AM – 6:00PM or P.O. Box 428, Greeneville, TN 37744). Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If your password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than fifty dollars ($50). If you do not tell us within the two (2) business day period, you could lose as much as five hundred dollars ($500) if we could have stopped the use of your accounts had we received notice in a timely manner. You must contact Customer Service as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement on which the unauthorized transaction, problem or error appeared (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. If a good reason (such as long trip, hospital stay) kept you from telling us, we may extend the time periods. MISCELLANEOUS PROVISIONS RELATED AGREEMENTS Your Heritage Community Bank accounts accessed by Heritage Community Bank Online continue to be governed by the following Bank agreements and documents, as they are amended from time to time: (1) Deposit Agreement and Disclosures, (2) the applicable Personal or Business Schedule of Fees, (3) the applicable Miscellaneous Fees for Personal or Business Accounts, and, for Money Market Accounts, your Money Market Account Customer Agreement. If you have overdraft protection that is accessed by the Service, they continue to be governed by the applicable agreements you have with Heritage Community Bank. If any inconsistency exists between such other documentation and this Agreement, then this Agreement shall control to the extent of the inconsistency. OUR ABILITY TO TERMINATE SERVICES You are responsible for complying with all the terms of this Agreement and with the terms of the agreements governing the accounts to or from which transfers are made using the Service. We can terminate your electronic banking privileges under this Agreement without notice to you if you do not pay any fee when due, or if you do not comply with any agreement governing your accounts, or if any such account is not maintained in good standing. We can also terminate the Service if we believe that an actual or potential unauthorized use of your User ID, password or account may be occurring. Heritage Community Bank reserves the right to terminate your access to the Heritage Community Bank’s Online Banking Service or any portion of it in its sole discretion, without notice and without limitation, except as may be required by law. AMENDMENT We can amend this Agreement upon notice to you, which you agree may be sent by e-mail. Any notice will be effective not later than ten (10) days after we send the notice (unless a law or regulation requires a longer notice period), whether or not you have retrieved the notice by that time. NEW SERVICES We may, from time to time, introduce new services that are part of Heritage Community Bank’s Online Banking. We will update this Agreement to notify you of these new services. By using Heritage Community Bank’s Online Banking after those new services become available, you agree to be bound by the terms contained in the revised agreement. VIRUS PROTECTION You agree that Heritage Community Bank is not responsible for any electronic virus that you may encounter using Heritage Community Bank Online. We encourage you to routinely scan your PC or device using any reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware. OUR LIABILITY Except as specifically provided in this Agreement or where the law requires a different standard, you agree that Heritage Community Bank’s Online Banking shall be responsible for any damages, loss, property damage or bodily injury, incurred as a result of your using or attempting to use the Heritage Community Bank’s Online Banking Service, whether caused by the equipment, software, Internet browser, Internet access providers or on-line service providers or an agent or subcontractor of any of the foregoing. Nor shall Heritage Community Bank or any third party service providers engaged by Heritage Community Bank be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, Heritage Community Bank Online or Internet browser or access software, or from the unavailability of Heritage Community Bank Online or for any errors in information provided through that service. We will process and complete all Online Banking transactions initiated through Bill Payment service that comply with the terms of this agreement. If we do not complete such a transaction, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: If, through not fault of ours, you do not have enough money in your account to complete the payment or transfer. If the payment or transfer would go over the credit limit on your overdraft line. If the payment does not appear in the “outbox” at the time you initiate a bill payment or a modification of a bill payment. If the Online Banking Service, your equipment, the software or any communication link is not functioning properly and you knew about the malfunction or were advised of it by us before you attempted to execute a transaction or, in the case of an automatic or recurring payment or transfer, at the time such payment or transfer should have occurred. If the payee mishandles or delays crediting or accounting for a payment properly sent by us. If you did not properly initiate a transaction or provide us with the correct names and account information for your payees. If circumstances beyond your control (fire, flood, power outage, etc.) prevent the payment from being made, despite reasonable precautions that we have taken. We have received incomplete or inaccurate information from you or a third party involving the account with respect to a transfer or payment. We have reasonable basis to believe that an unauthorized use of your User ID, password, or account has occurred or occurring. The funds are subject to legal process or other hold or encumbrance restricting such payment or transfer. You subscription to the Service or your account has been terminated for any reason. There may be other exceptions stated on our agreement with you. Heritage Community Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your personal computer using a virus protection product. ERROR RESOLUTION When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) tell us the Funding Account number used to pay the bill, the Payee name, the applicable account number at the Payee, the date the Payment was sent, the Payment Amount and the Payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days after we hear from you. However, we may take up to forty-five (45) days to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If we confirm an error, we will correct your account record within ten (10) business days. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation. ELECTRONIC MAIL (E-MAIL) Sending e-mail is a very good way to communicate with the Financial Institution and/or Service provider regarding your accounts or the Services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail communication. You cannot use e-mail to initiate Service transactions. All such transactions must be initiated using the appropriate functions within the Service. Neither the Service provider nor the Financial Institution shall be liable for any errors, omissions, claims, or problems of any kind involving your e-mail. CHARGES AND FEES These service requests are subject to Heritage Community Bank's normal service charges that were disclosed at account opening and in any subsequent editions of or amendments to your Schedule of Fees brochure. Please refer to the latest version of your Schedule of Fees & Disclosure document and any applicable amendments. Transfers of funds using Heritage Community Bank’s Online Banking are free except as follows. If you have a Money Market Account, the number of transactions that you are allowed during a monthly statement cycle is limited. Transfers through Heritage Community Bank’s Online Banking are counted, and if you exceed the total number of authorized transactions for those accounts, your account will be charged as stated. BILL PAYMENT SERVICE TERMS AND CONDITIONS IMPORTANT Please read carefully. This is your agreement with Heritage Community Bank. By using Heritage Community Bank’s Bill Payment Service you agree to be bound to the terms and conditions herein. DEFINITIONS “Agreement” shall mean all terms and conditions defined herein. “Financial Institution,” “we,” or “us” shall refer to Heritage Community Bank. “Service” shall mean the Bill Payment Service offered by the Financial Institution and associated third party providers. “You” or “Your” or “Subscriber” shall mean each person who signs the Internet Banking enrollment form or is otherwise authorized to use the Service. “Payee” shall mean the individual, business or other entity to which you intend to send a payment through the Service and for which you accurately provide and maintain the appropriate or required information such as name, bill remittance / payment delivery address, phone number, account number, and account holder name, and to whom you authorize. The Financial Institution is to remit payments on your behalf through the Service. “Payee List” shall mean your personal list of Payees that you maintain within the Service and from which list you may select to schedule Payments. “Merchant” shall mean any business Payee you establish within the Service for whom the Service provider has established a business relationship expressly for the purpose of remitting Payments from the Service. “Funding Account” shall mean the checking or similar account for which you are an authorized signer, and from which the Financial Institution may debit or otherwise collect the funds necessary to remit the Scheduled Payment to the corresponding Payee, per your instructions. “Fee Account” shall mean the checking or similar account for which you are an authorized signer, and from which the Financial Institution may automatically debit or otherwise collect all Service fees. “Business Day” shall mean every Monday through Friday, excluding Bank holidays. “Scheduled Payment” shall mean the payment instructions you establish within the Service in order to properly direct funds from the Funding Account you designate to the Payee you designate. “One-Time Payment” shall mean a Scheduled Payment that results in a single payment delivered to the Payee per your instructions. “Recurring Payment”’ shall mean a Scheduled Payment that results in a series of payments delivered to the Payee at regular intervals per your instructions, and shall continue to do so until you cancel it or until the maximum number of payments and/or final payment date that you specified is reached. “Payment” shall mean the specific single instance of a One-Time Payment or a specific instance of a Recurring Payment, as the case may be. “Payment Amount” shall mean the monetary figure you specify in a Scheduled Payment, including the regular amount and the final amount of a Recurring Payment series, that the Service shall remit to the Payee. “Payment Date” or ”Withdraw On Date” or “Withdrawal Date” shall mean the Business Day on which you schedule the Payment to be debited from your Funding Account, unless this date falls on a non-Business Day in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions. In any case, it is the date on which sufficient available funds must exist in the Funding Account. “Due Date” or “Deliver By Date” or “Delivery Date” shall mean the Business Day on which you schedule the Payment to be delivered to your Payee, unless this date falls on a non-Business Day in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions. In any case, it is the date you determine to be most appropriate to deliver payment to your Payee considering such factors as the Payee-specified date payment due, grace period, late payment policy or late fee, and/or your knowledge of actual time required for the Payee to receive and process the payment and to credit your account with the Payee, and/or the urgency/criticality of payment delivery, as the case may be. “‘Cut-Off Time” shall mean the time of day that Payments to be processed that day shall be processed, and after which time the earliest possible Payment Date or Withdraw On Date arid Due Date or Deliver By Date shall be calculated from the next Business Day. Cut-Off Time is 1:00 PM EST. BILL PAYMENT SERVICE You may use the Financial Institution’s Bill Payment Service, to direct the Financial Institution and/or Service provider to make payments from your Funding Account to the Payees you choose in accordance with this Agreement. The terms and conditions of this Agreement are in addition to the Account agreements, disclosures and other documents in effect from time to time governing your Funding Account. SERVICE GUARANTEE The Service provider will bear responsibility for any late payment related charges up to Fifty Dollars ($50.00) should a Payment post after the Scheduled Payment Due Date or Deliver By Date, provided that the Payment was scheduled and the Payee information was maintained in accordance with the guidelines described within this Agreement. Notwithstanding the foregoing, the Service provider shall not be responsible for any such charges if the Service provider does not have responsibility or liability for a Payment transaction, late payments or late payment related charges under the other provisions of this Agreement, including, without limitation, those payments described under the Exception Payments section below. RESPONSIBILITY The Service provider shall use commercially reasonable efforts to process the Scheduled Payments per your instructions. Neither the Service provider nor the Financial Institution shall be liable for any Payment transaction if (i) you do not have enough money in your Funding Account to complete the transaction; (ii) a legal order prohibits withdrawals from your account; (iii) your Funding Account is closed or has been frozen, or is otherwise not authorized to debit the corresponding Payment Amount; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with the Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide complete and correct Funding Account, Payment or Payee information; (viii) you did not property follow the instructions or terms and conditions for use of the Service; (ix) you knew and/or had been advised that Service was not operating properly at the time you scheduled the Payment; (x) there is a postal delay; or (xi) circumstances beyond the Service provider’s control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction. With the exception of the foregoing, if the Service incorrectly debits your Funding Account and/or directs funds from your Funding Account to a Payee inconsistent with the instructions you specified in the Scheduled Payment, the Service shall, upon detecting the error or receiving notice from you, be responsible for returning the improperly transferred funds to your Funding Account and/or redirecting funds to the proper Payee and/or contacting the Payee to request appropriate adjustments on your account with the Payee except as otherwise provided under the Authorization section below. LIABILITY You will be responsible for any Payment request you make that contains an error or is a duplicate of another Payment. The Financial Institution and/or Service provider is not responsible for a Payment that is not made if you did not properly follow the instructions for making a Payment. The Financial Institution and/or Service provider is not liable for any failure to make a Payment if you fail to promptly notify the Financial Institution after you learn that you have not received credit from a Payee for a Payment. The Financial Institution and/or Service provider is not responsible for your acts or omissions or those of any other person, including, without limitation, any Payee or transmission or communications facility, and no such party shall be deemed to be the Financial Institution’s and/or Service provider’s agent. In any event, the Financial Institution and/or Service provider will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Financial Institution and/or Service provider has knowledge of the possibility of them. The Financial Institution and/or Service provider is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Financial Institution’s and/or Service provider’s reasonable control. SETTING UP AND MAINTAINING PAYEES To begin using the Service, you will first need to establish at least one Payee in your Payee List. You may add, modify or delete Payees as necessary. It is your responsibility to manage your Payee List and maintain accurate Payee information, such as but not limited to the address to which the Payee specifies Payments are to be delivered, your account number with the Payee, the name on your account with the Payee, etc., except where the Service expressly indicates that it shall manage such Payee information, such as a Merchants remittance address. Payees must reside or exist within the United States of America or its territories or commonwealths. The Service provider and/or the Financial Institution reserve the right to refuse or remove a Payee for any reason. SETTING UP PAYMENTS To schedule Payments, you must choose a Payee from your Payee List. You may schedule One-Time Payments and Recurring Payments to any of your Payees. It is your responsibility to cancel, skip, reschedule or revise a Scheduled Payment in accordance with the Payee’s instructions to you, or as needed to ensure sufficient available funds in the corresponding Funding Account, or under circumstances where the Payee may return the Payment to the Service provider due to any reason outside the Service provider’s or the Financial Institution’s control. The Service provider and/or the Financial Institution reserve the right to refuse or cancel a Payment for any reason. The earliest possible Payment Date / Withdraw on Date and Due Date / Deliver By Date for each Payee will be determined and presented by the Service when you schedule a Payment. The Service will not permit a Payment Date / Withdraw on Date or Due Date / Deliver By Date earlier than the earliest possible dates presented. The Service determines this earliest possible Payment Date / Withdraw On Date and Due Date / Deliver By Date based on the number of Business Days required to deliver a Payment to the Payee, which is primarily affected by whether or not the Payee has agreed to accept remittance of Payments electronically (typically one or two (1 or 2) Business Days) or requires Payments be delivered by check (typically four or five (4 or 5) Business Days). A Payee’s location or policies for posting and crediting payments may require additional Business Days. Payments scheduled after the Service’s Cut-Off Time shall be processed no earlier than the following Business Day. Currently, the Cut-Off Time is 1:00 PM EST, but the Service provider and/or the Financial Institution may change the Cut-Off Time without prior notice. You should carefully consider factors such as the Payee’s date payment due, grace period whether the Payee’s date payment due falls on a non-Business Day, etc., when scheduling a Payment to avoid late payments and late fees. You must allow the necessary number of Business Days prior to the Payee’s date payment due for each Payment, including each Payment of a Recurring Payment series. Some businesses take longer to post payments than others. You should consider allowing additional time for the initial Payment to a Payee through the Service in order to gauge the appropriate Payment Date/Withdraw on Date or Due Date/ Deliver By Date in each case, and determine whether to allow an additional one (1) or two (2) business days to avoid incurring any Late fee charged by the Merchant. It is your responsibility to schedule Payments appropriately and in accordance with the Payee’s requirements. Neither the Service provider nor the Financial Institution shall be responsible for late payments, nor reimburse you for late lees, for any Payment delivered in accordance with your instructions, or as a result of a Payee’s payment processing policies, or any other circumstance outside the Service provider’s control. Payments to Payees, businesses or individuals outside the United States of America or its territories or commonwealths, are prohibited. EDITING OR CANCELING PAYMENTS Any Payment can be modified or canceled, provided you access the Service prior to the Cut-Off time on the Business Day Payment is going to be processed. Once a Payment is in-process, it cannot be canceled through the Service. A Recurring Payment may be edited or canceled after processing for the current Payment instance is complete. STOP PAYMENT You may request to stop payment after a payment has been processed by contacting Customer Service. The Services ability to successfully stop payment depends on how the funds were remitted to the Payee and the elapsed time since the Payment was processed. The Service provider and the Financial Institution will make commercially reasonable efforts to stop payment per your request, but shall have no liability if unsuccessful. You may be charged a stop payment fee for each request. EXCEPTION PAYMENTS Tax payments and court ordered payments may be scheduled through the Service; however such payments are discouraged and must be scheduled at your own risk. In no event shall the Financial Institution or Service provider be liable for any claims or damages resulting from you scheduling these types of payments. The Service provider shall have no obligation to research or resolve any claim resulting from any such payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be your sole responsibility. BILL PAYMENT PROCESS The Service will process Payments in accordance with the Payment instructions you provide. The Service will not process Payments on weekends or bank holidays. The Service will debit your Funding Account or Issue a draft against your Funding Account, and deliver those funds to the designated Payee on your behalf such that the funds arrive as dose to the scheduled Due Date / Deliver By Date as is reasonably practicable. Numerous business and technical requirements determine if a Payee can accept Payments electronically, but in all cases Payments can be remitted by check. The Service provider shall have sole discretion to determine the appropriate remittance method. In order to process Payments efficiently and effectively, or otherwise comply with Merchants’ remittance requirements, the Service reserves the right to change or update Payee data, or alter the method of Payment remittance. Neither the Service provider nor the Financial Institution shall be responsible for late payments, nor reimburse you for late fees, due to: a) U.S. postal delivery issues; b) electronic remittance network issues; c) your Payee’s payment processing procedures; c) instances where the financial risk associated with the Payment requires check remittance instead of electronic remittance or additional Business Days to ensure sufficient funds in the Funding Account are available; or d) other circumstances beyond its control. AUTHORIZATION When you schedule a Payment you expressly authorize the Service provider and/or the Financial Institution to withdraw from your Funding Account the Payment Amount and to remit those funds to the designated Payee on your behalf, and additionally to debit your Funding Account for any applicable Service related fees. You further authorize the Financial Institution to credit your Funding Account for any payment returned from or undeliverable to the Payee. In addition, you certify that the Funding Account is an account from which you are authorized to make payments and incur debits. You agree to have available and collected funds on deposit in the designated Funding Account in amounts sufficient to process each Payment as requested by you, as well as any other payment obligations you have to the Financial Institution. The Financial Institution reserves the right, without liability, to reject or reverse a Payment if you fail to comply with this requirement or any other terms of this Agreement. If you do not have sufficient funds in the Funding Account and the Financial Institution has not exercised its right to reverse or reject a Payment, you agree to pay for such Payment obligations on demand. You further agree the Financial Institution, at its option, may charge any of your accounts at the Financial Institution to cover such Payment obligations. RETURNED PAYMENTS In using the Service, you understand that Payments may be returned by or to the Service provider for various reasons including but no limited to: the account or account number at the Payee is not valid, the Payee address is not valid, the Payee returns or rejects the remittance item, the account at the Payee has been paid in full or has been turned over to another company or individual. The Service shall use commercially reasonable efforts to research and correct the returned payment, or void the payment and credit your Payment Account. You may receive notification from the Service. FEES The Bill Payment Service is provided free of charge to Heritage Community Bank Customers. Additional Charges for Subscriber requested Services and Other Items. These charges will only be assessed if you request one or more of the services listed here. There will be NO Charge for any item if needed to correct a Service error. • Returned Item Fee $30.00 • Stop Payment Fee $25.00 The Financial Institution and/or the Service provider reserve the right to charge you for research time involving payments no longer available in your Payment history screen. You will be informed of any such charges before they are incurred. Some Bill Payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfers Disclosure Statement included, or, received when you opened your account, which discloses important information concerning your rights and obligations. ACCOUNT SECURITY You are solely responsible for controlling the safekeeping of and access to your user identification, password or other means to access your account. You agree not to give out or make available your user identification, password, access code, or other means to access your account to any unauthorized individuals. You are responsible for all Payment transactions authorized by you or by anyone to whom you provide access to your Bill Pay account. You are liable for all Payment transactions you make or that you authorize another person to make even if that person exceeds his or her authority. CUSTOMER LIABILTY If you believe that your user identification, password, access code, or other means to access your account has been lost, stolen or otherwise compromised, or that someone may attempt to use the Service without your consent or has transferred money without your permission, or if you suspect any fraudulent activity in your account(s), you must notify the Financial Institution at once ((423) 636-5000 Monday through Thursday 8:30AM – 5:00PM, Friday 8:30AM – 6:00PM or P.O. Box 428, Greeneville, TN 37744). Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If your password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than fifty dollars ($50). If you do not tell us within the two (2) business day period, you could lose as much as five hundred dollars ($500) if we could have stopped the use of your accounts had we received notice in a timely manner. You must contact Customer Service as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement on which the unauthorized transaction, problem or error appeared (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. If a good reason (such as long trip, hospital stay) kept you from telling us, we may extend the time periods. FINANCIAL INSTITUTION LIABILITY We will process and complete all Online Banking transactions initiated through Bill Payment service that comply with the terms of this agreement. If we do not complete such a transaction, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: • If, through not fault of ours, you do not have enough money in your account to complete the payment or transfer. • If the payment or transfer would go over the credit limit on your overdraft line. • If the payment does not appear in the “outbox” at the time you initiate a bill payment or a modification of a bill payment. • If the Online Banking Service, your equipment, the software or any communication link is not functioning properly and you knew about the malfunction or were advised of it by us before you attempted to execute a transaction or, in the case of an automatic or recurring payment or transfer, at the time such payment or transfer should have occurred. • If the payee mishandles or delays crediting or accounting for a payment properly sent by us. • If you did not properly initiate a transaction or provide us with the correct names and account information for your payees. • If circumstances beyond your control (fire, flood, power outage, etc.) prevent the payment from being made, despite reasonable precautions that we have taken. • We have received incomplete or inaccurate information from you or a third party involving the account with respect to a transfer or payment. • We have reasonable basis to believe that an unauthorized use of your User ID, password, or account has occurred or occurring. • The funds are subject to legal process or other hold or encumbrance restricting such payment or transfer. • You subscription to the Service or your account has been terminated for any reason. • There may be other exceptions stated on our agreement with you. Heritage Community Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your personal computer using a virus protection product. ERROR RESOLUTION When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) tell us the Funding Account number used to pay the bill, the Payee name, the applicable account number at the Payee, the date the Payment was sent, the Payment Amount and the Payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days after we hear from you. However, we may take up to forty-five (45) days to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If we confirm an error, we will correct your account record within ten (10) business days. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation. ELECTRONIC MAIL (E-MAIL) Sending e-mail is a very good way to communicate with the Financial Institution and/or Service provider regarding your accounts or the Services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail communication. You cannot use e-mail to initiate Service transactions. All such transactions must be initiated using the appropriate functions within the Service. Neither the Service provider nor the Financial Institution shall be liable for any errors, omissions, claims, or problems of any kind involving your e-mail. DISCLOSURE OF INFORMATION It is our policy to treat your Bill Pay Service account information as confidential. However, Service provider and/or the Financial Institution may disclose certain information about you, your accounts and/or Payments to third parties in situations such as: when necessary to complete a Payment transaction per your instructions: when necessary to activate additional services per your request; in order to determine credit worthiness; in order to comply with government agency or court orders, financial services regulations or law, or if you give Financial Institution or Service provider written permission. Information submitted to the Service provider or its suppliers is the property of those parties, and they are free to use and disclose that information, or any ideas, concepts, know-how or techniques contained in that information to any third party for any purpose whatsoever, except as specifically agreed by the Financial Institution or prohibited by law. ACCOUNT AND CONTACT INFORMATION It is your sole responsibility to maintain accurate and complete contact information and Funding Account information in your user profile. This includes, but is not limited to, name, address, phone numbers and email addresses, and verifying account numbers. Changes can be made by contacting Customer Service. Changes you make are typically effective immediately. Neither the Service provider nor the Financial Institution shall be responsible for any payment processing errors or fees incurred if you do not provide accurate Funding Account or contact information. LINKS TO OTHER SITES Information that the Service provider or the Financial Institution publishes on the world wide web may contain links to other sites and third parties may establish links to Service’s site. Neither the Service provider nor the Financial Institution makes any representations or warranties about any other web site that you may access to, from or through the Service’s site. Unless expressly stated in writing, neither the Service provider nor the Financial Institution endorse the products or services offered by any company or person linked to this site nor is the Service provider or the Financial Institution responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs. VIRUS PROTECTION Neither the Service provider nor the Financial Institution is responsible for any electronic virus that you may encounter using the Service. You are encouraged to routinely scan your computer and files using reliable virus protection products to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware. DAMAGES AND WARRANTIES In addition to the terms previously disclosed, the Financial Institution and/or Service provider are not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by the use of the Bill Payment Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Financial Institution or one of its suppliers. In addition, the Financial Institution and/or Service provider disclaim any responsibility for any electronic virus(es) Subscriber may encounter after use of Bill Payment Services. Without limiting the foregoing, neither Financial Institution and/or Service provider nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networks. Financial Institution and/or Service provider and its suppliers provide Bill Payment Services from their own sites and they make no representation or warranty that any information, material or functions included in Bill Payment Services are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment Services, you do so, on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution nor Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment Services, or contained in any third party sites linked to or from Financial Institution and/or Service provider’s web sites. FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION. INDEMNIFICATION Subscriber shall indemnify, defend and hold harmless the Financial Institution and Service provider and their affiliates, officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (I) Subscriber’s negligence; (ii) Subscriber’s failure to comply with applicable law; or (iii) Subscriber’s failure to comply with the terms of this Agreement. ADDITIONAL REMEDIES Due to the likelihood of irreparable injury, the Financial Institution and Service provider shall be entitled to an injunction prohibiting any breach of this Agreement by Subscriber. AMENDMENT AND TERMINATION The Financial Institution and Service provider reserve the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, you will be notified by physical mail at the address shown in our records or as otherwise permitted by law. Your continued use of the Service after being notified of changes to this Agreement shall constitute your agreement to such changes. You may terminate this Agreement by written notice to the Financial Institution. Neither the Financial Institution nor Service provider is responsible for terminating any scheduled One-Time Payment nor Recurring Payment processed prior to a reasonable opportunity to act on your termination notice. Once your Service is terminated, all of your scheduled One-Time Payments and Recurring Payments shall be terminated as well. You remain obligated for all Payments made by the Service on your behalf under this Agreement. APPLICABLE RULES, LAWS, AND REGULATIONS You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Tennessee, U.S.A., as well as the federal laws of the U.S.A Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Greene County, Tennessee, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses. ASSIGNMENT The Financial Institution and Service provider may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party. Subscriber may not assign this Agreement to any other party. INTEGRATION This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and the Financial Institution. SEVERABILITY If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Institution, this Agreement will control. DISPUTES In the event of a dispute regarding the Service, you and the Financial Institution and Service provider agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what is said by a Service provider and/or Financial Institution employee or Customer Service Department and the terms of this Agreement, the terms of this Agreement shall prevail. WAIVER The Financial Institution and Service provider shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Financial Institution and/or Service provider of a breach of this Agreement shall constitute a waiver by such party of any prior or subsequent breach of this Agreement. FORCE MAJEURE Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection. CONSTRUCTION This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law. HEADINGS AND CAPTIONS The headings and captions of the various subdivisions of this Agreement are for convenience of reference only and shall in no way modify or affect the meaning or construction of any of the terms or provisions hereof. ENTIRE AGREEMENT This Agreement, as it may be amended from time to time. Agreement and Disclosure and the Internet Banking Enrollment Form, contain the entire understanding between you and Heritage Community Bank concerning the Online service, and supersedes any verbal conversations, other communications, and previous agreements, if any. YOUR AGREEMENT TO THESE TERMS AND CONDITIONS Your registration for Heritage Community Bank Online confirms (1) your agreement to be bound by all the terms and conditions of this Agreement; and (2) your acknowledgment that you received and understand the terms of this Agreement.
 
 
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