
Account & Electronic Funds Transfer Act Disclosure Agreement Agreement - This Agreement, which includes the Fee Schedule and Enrollment Form, is a contract establishing the rules, which cover your electronic access to your accounts at CADENCE BANK ("Cadence") through www.cadencebanking.com ("www.cadencebanking.com"). By using www.cadencebanking.com, you accept all terms and conditions of this Agreement. Please read it carefully. The terms and conditions of the deposit agreements and disclosures for each of your Cadence accounts as well as your other agreements with Cadence 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 MS (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 Cadence'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 Cadence with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein. Definitions - As used in this Agreement, the words "we," "our," "us" and "Cadence" mean Cadence. "You" and "your" refer to the account holder authorized by Cadence to use www.cadencebanking.com under this Agreement and anyone else authorized by that account holder to exercise control over the account holder's funds through www.cadencebanking.com. "Account" or "accounts" means your accounts at Cadence. "Electronic funds transfers" means ATM withdrawals, pre-authorized transactions, point of sale transactions and transfers to and from your Cadence accounts using www.cadencebanking.com including bill payments. "www.cadencebanking.com Services" means the services provided pursuant to this Agreement, including the Bill Payment Service. "Business days" means Monday through Friday. Holidays are not included. System Requirements – This Internet Banking system may be used with any personal computer or mac that will support and run the following browsers: Internet Explorer 6 or above , Firefox 3.x , Safari 3.x. Mobile Banking – The Mobile Banking Service is a personal financial information management service that allows you to access available account information, make payments, and conduct certain other transactions using compatible and supported mobile phones and/or other compatible and supported wireless devices. We endeavor to provide you with the highest quality Mobile Banking Service available. In order to access Mobile Banking you must be an active Internet Banking user. You can access the Mobile Banking Service on a mobile device with Short Message Service (SMS) or a Mobile Web Browser in conjunction with a texting or data plan. There is not a fee to access the Mobile Banking Service; however, your wireless service provider’s Text Message charges and/or Mobile Internet Data charges apply. You are responsible for the charges of any wireless service provider while using the service. Contact your wireless service provider for details. You are responsible for providing your own hardware and software to access the Mobile Banking Service. The hardware and software that you use may be subject to unauthorized tracking or other manipulation by “spyware” or other malicious code. We are not responsible for advising you of the existence or potential effect of such malicious code, and your use of your hardware and software is at your own risk. We do not guarantee functionality of the Mobile Banking Service on all wireless devices. You agree to take every precaution to ensure the safety, security and integrity of your account(s) and transactions when using the Mobile Banking Service. You agree not to leave your device unattended while logged into the Mobile Banking Service and to log off immediately upon completion of each access. You agree not to provide your password or other access information to any other person. If you do, we will not be liable for any damage resulting to you. You agree to comply with all applicable laws, rules and regulations in connection with the Mobile Banking Service. You agree not to use the Mobile Banking Service or the content or information delivered through the Mobile Banking Service in any way that would (i) infringe any third-party copyright, patent, trademark, trade secret, or other rights; (ii) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Mobile Banking Service to impersonate another person or entity; (iii) violate any law, statute, ordinance or regulation; (iv) be false, misleading or inaccurate; (v) create liability for us or our affiliates or service providers or cause us to lose (in whole or in part) the services of any of our service providers; (vi) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vii) be reasonably perceived as illegal, offensive or objectionable; (viii) interfere with or disrupt computer networks connected to the Mobile Banking Service; (ix) interfere with or disrupt the use of the Mobile Banking Service by any other user; or (x) result in unauthorized entry or access to the computer systems of others. We will use reasonable efforts to make the Mobile Banking Service available for your use on a continuous basis. The Mobile Banking Service may be unavailable for short periods of time due to regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Mobile Banking Service may be interrupted because of conditions beyond our control, including outages in internet availability. In the event of outage, we will use diligent efforts to re-establish the Mobile Banking Service promptly. We do not promise the Mobile Banking Service will always be available for your use. We may elect to change or discontinue the Mobile Banking Service at any time without notice. We may also suspend your access to the Mobile Banking Service at any time without notice and for any reason, including but not limited to your non-use of the Mobile Banking Service. Moreover, termination of the internet banking service contemplated by the Account & Electronic Funds Transfer Act Disclosure Agreement will result in the termination of the Mobile Banking Services. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Mobile Banking Service. We reserve the right at all times to take all actions which we, in our sole discretion, deem necessary or advisable in order to protect our systems and information, including denial of access to users of the Mobile Banking Service. Internet Security Information - Our Internet Banking service utilizes a comprehensive security strategy to protect accounts and transactions conducted over the Internet. In-depth information on many of the techniques and features employed by the system can be viewed or printed from our website where the system's consumer or commercial features are explained. In addition to our login security, we use SSL (secure socket layer) encryption technology for everything done in the system. Your browser automatically activates this technology when it attempts to connect to our system and it will support either the 40- or 128-bit key lengths. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small padlock icon at the bottom of the screen from open to locked. What this means to you is that your communications are scrambled from your browser to our servers at all times, so no unauthorized party can read the information as it is carried over the Internet. Additionally, our servers have been certified by a "Certificate Authority" to assure you that you are actually talking to our servers instead of someone pretending to be us. During your use of the Internet Banking system, we will pass a "cookie" to your browser to identify you. We do not (and cannot) use our cookies to obtain new information about you. A "cookie" is security data given to a browser by a web server and returned by the browser on subsequent transmissions to identify the user and encryption information. When you log onto the system, this cookie enables us to process multiple transactions during the session without you having to provide your Login ID and password for each individual transaction. After a predetermined amount of time set by our security system or when you log off, the session cookie is no longer accepted and must be re-entering the password. A new cookie is used for each session, so that no one can use the cookie to access your account. Registration Process - The service requires the customer to complete the initial registration process. This involves completing a secure online application and submitting it to our office. The information on the application will identify everything we will need to enable the service. Once we verify the information you submitted for accuracy and authorizations, you will be notified when your account will be activated by mail and/or email. Registration Process - The service requires the customer to complete the initial registration process. This involves completing a secure online application and submitting it to our office. The information on the application will identify everything we will need to enable the service. Once we verify the information you submitted for accuracy and authorizations, you will be notified when your account will be activated by mail and/or email. Access - To use www.cadencebanking.com, you must have at least one checking account at Cadence, access to Internet service and an email address. Once we have received your Enrollment Form and verified your account information, we will send you confirmation of our acceptance of your enrollment, along with your assigned temporary password, by email. www.cadencebanking.com can be used to access only the Cadence accounts designated for access by www.cadencebanking.com in your Enrollment Form. You can add or delete any of your Cadence accounts from this Agreement bycontacting us at 1-800-636-7622. www.cadencebanking.com Services - You can use www.cadencebanking.com to check the balance of your Cadence accounts, view Cadence account histories, transfer funds between your Cadence accounts, order checks, make stop payment requests, view checks, change your address and pay bills from your Cadence accounts in the amounts and on the dates you request if you have requested the Bill Payment Service on your Enrollment Form. Balance and activity information are available as of the close of business for the previous business day. Hours of Access - You can use www.cadencebanking.com seven days a week, twenty-four hours a day, although occasionally some or all www.cadencebanking.com services may not be available due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the www.cadencebanking.com website. Your Password - For security purposes, you are required to change your password upon your initial login to www.cadencebanking.com. You determine what password you will use; 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 agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to www.cadencebanking.com will be revoked. To re-establish your authorization to use www.cadencebanking.com, you must contact us to have your password reset or to obtain a new temporary password. We recommend that you create a password that utilizes both upper- and lower-case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth or 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 www.cadencebanking.com, and you agree to promptly examine the statement for each of your Cadence 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 by itself 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 www.cadencebanking.com is encrypted in an effort to provide transmission security; www.cadencebanking.com utilizes identification technology to verify that the sender and receiver of www.cadencebanking.com transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the www.cadencebanking.com is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and can potentially be monitored and read by others. We cannot and do not warrant that all data transfers utilizing www.cadencebanking.com, or email transmitted to and from us, will not be monitored or read by others. Fees and Charges - You agree to pay the fees and charges as set forth in the current Fee Schedule for your use of www.cadencebanking.com Services. You agree that all such fees and charges will be deducted from the Cadence 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 not covered by this Agreement. You are also responsible for telephone and Internet service fees incurred in connection with your use of www.cadencebanking.com. Posting of Transfers - Transfers initiated through www.cadencebanking.com before 7:00 p.m. Central Standard Time on a business day are posted to your account the same day. Transfers completed after 7:00 p.m. Central Standard Time on a business day, Saturday, Sunday or banking holiday will be posted on the next business day. www.cadencebanking.com identifies a transfer based upon the Login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in the Transfer menu option of www.cadencebanking.com will not reflect transfers made by multiple users from the same account if different Login IDs are used. You agree to communicate to any other persons with authorized access to your accounts concerning any transfers or bill payments 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 www.cadencebanking.com which would result in an overdraft of your account may, at our discretion, be cancelled and (c) In the event that electronic fund transfers initiated through www.cadencebanking.com which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account. Limits on Amounts and Frequency of www.cadencebanking.com Transactions - The number of transfers from Cadence accounts and the amounts that may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. Transfer of funds through www.cadencebanking.com services (excluding Bill Payment Services) may be made in any amount between $.01 and $99,999.99. According to Federal regulations, you may not make more than six (6) pre-authorized or automatic transfers or bill payments from your Money Market Deposit Account or Savings Account during a given month. There are no limits to the number of transfers or bill payments from your checking account. If a hold has been placed upon deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires. www.cadencebanking.com Bill Payment Service - You must designate: the Cadence 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 during the next business day . By using the www.cadencebanking.com 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 www.cadencebanking.com bill payment will be charged to your Primary Checking Account. We reserve the right to refuse payment to any payee designated by you. If we do so, we will notify you promptly. Because of liability issues, you may not make payments through www.cadencebanking.com to any federal, state or local tax agencies. We regret this limitation in our bill payment services. Scheduling www.cadencebanking.com Payments - If the payee is to be paid by paper check (as indicated on the Bill Payer list), 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 Payer list), you understand and agree that the payee may not receive the payment until 72 hours 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 scheduled through www.cadencebanking.com, you must cancel the payment online via www.cadencebanking.com (by following the onscreen instructions) before 3:00 p.m. Central Standard Time on the date the payment is scheduled to be debited from your account. Stop Payment Requests - Stopping the payment of a check is different from the cancellation of a bill payment. Once an electronic bill payment has been debited from your account, you CANNOT cancel or stop it. You may be able to stop a www.cadencebanking.com bill payment paid by paper draft by contacting us via telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will immediately process your stop payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment. You may only initiate stop payment requests online via www.cadencebanking.com for paper checks you have written (non-electronically) on your Cadence accounts (not www.cadencebanking.com bill payer paper drafts.)To be effective, this type of stop payment request must precisely identify the name of the payee, the check number, the amount and the date of the check. 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. Disclosure of Account Information and Transfers - You understand that 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 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 www.cadencebanking.com. You agree and hereby authorize all of these transfers of information. Periodic Statements - You will not receive a separate www.cadencebanking.com statement. Transfers to and from your accounts using www.cadencebanking.com will appear on the respective periodic statements for your Cadence 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 www.cadencebanking.com 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 21 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 the www.cadencebanking.com website or forward it to you by email 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 www.cadencebanking.com 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 - Contact us as soon as you can if you think your statement is wrong, or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared. When you contact us: (1) Tell us your name and account number; (2) 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; (3) Tell us the dollar amount of the suspected error and (4) If the suspected error relates to a bill payment made via the www.cadencebanking.com 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 by telephone or by email, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within 10 business days. We will communicate the results of our investigation to you within 10 business days after you contact us, and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 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 10 business days, we may not provisionally credit your account. If we decide that there was no error, we will send you a written explanation within 3 business days after completion of our investigation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your account. Our Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account, including a bill payment, 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 (1) If, through no fault of ours, you do not have enough money in your account to make a transfer; (2) If a legal order directs us to prohibit withdrawals from the account; (3) If your account is closed, or if it has been frozen; (4) 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; (5) If you, or anyone authorized by you, commits any fraud or violates any law or regulation; (6) If any electronic terminal, telecommunication device, or any part of the www.cadencebanking.com electronic fund transfer system is not working properly and you knew about the problem when you started the transfer; (7) If you have not provided us with complete and correct payment information for the 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; (8) If you have not properly followed the on-screen instructions for using www.cadencebanking.com or (9) 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 statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after receiving your statement, 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 www.cadencebanking.com Services provided to you under this Agreement. We do not and cannot warrant that www.cadencebanking.com will operate without errors, or that any or all www.cadencebanking.com 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 www.cadencebanking.com, 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 Cadence and its affiliates exceed the amounts paid by you for the services provided to you through www.cadencebanking.com. Virus Protection Cadence is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PCs and diskettes using a reliable virus detection product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers. Your Right to Terminate - You may cancel your www.cadencebanking.com service at any time by providing us with written notice by postal mail or fax. Your access to www.cadencebanking.com 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 www.cadencebanking.com Services for any of the following reasons: (1) Without prior notice, if you have insufficient funds in any one of your Cadence accounts; www.cadencebanking.com Service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers and debits; (2) 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 and (3) Upon reasonable notice, for any other reason in our sole discretion. Communications between Cadence and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways: (1) Email -You can contact us by email at customer.service@cadencebanking.com (please note that banking transactions through www.cadencebanking.com are not made via email); (2) Telephone - You can contact us by telephone at 1-800-636-7622, Option 5; (3) Facsimile - You can contact us by fax at 662-320-8585; or (4) Postal Mail - You can write to us at: Internet Banking, Cadence, P.O. Box 1187, Starkville, MS 39760 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 www.cadencebanking.com website or by email. You agree to notify us immediately of any change in your email address. Fee Schedule- www.cadencebanking.com services are available at no monthly charge for all account information, services and transfers Cadence's Internet Banking and Bill Payment services are free to Cadence customers. The acceptance of this Internet Banking Agreement constitutes a Modification Agreement to existing line of credit agreements including NO Bounce Checking, Money Lines, Consumer Lines of Credit, Home Equity Lines I, II and III, and all other existing open end credit agreements between you and the Bank. You specifically agree (I) that access to the lines/plans shall be as provided in the plan agreement and shall also include access by the www.cadencebanking.com; (ii) that www.cadencebanking.com originated advances may be made in any amount not exceeding your available credit; and (iii) that www.cadencebanking.com originated advances shall be deposited or credited according to the instructions provided by you in the Internet transaction. The Bank reserves the right to add or delete ways that you may request advances or limit transaction amounts to certain minimum increments.
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