Internet Banking Agrement
This Internet Banking/Online Account Access Agreement (“agreement”) applies to the internet banking and related services offered by The Bank of Delmarva. This includes certain disclosures for electronic fund transfers. This agreement is in addition to other agreements between us, including any other deposit account agreements.
In this agreement, the words "Bank," "we," "us" or "our" mean The Bank of Delmarva. When we use the words, "you" or "your" we mean each person who has an interest in an account or other relationship which is accessible through The Bank of Delmarva’s Internet Banking/Online Account Access Banking Services and any person authorized such access. The Bank of Delmarva's Internet Access/Online Account Access Banking Services (Services) means that information, communication and transactions provided to you by us through any non-branch remote channel, including The Bank of Delmarva's web site, www.bankofdelmarva.com or www.bankofdelmarvahb.com (Site), including, but not limited to, the following: account information, funds transfers, statement/transaction inquiries and downloads, stop payments, and check order(s) for account(s) established at a branch.
When you use our Services or you permit any other person to use our Services, you agree to the terms and conditions we have set out in this agreement and any instructional material which we provide you regarding the Services. Your use of the Services may be made by use of certain numbers, codes, marks, signs, public keys, bio-metric identification, or other means of establishing your identity and acceptance of the electronic communications which are acceptable to the Bank. All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering.
Equipment and Software
The following device (Equipment) is required to access the Services: a personal computer with internet access or a mobile or other portable device with internet connectivity. If you access the Services by use of a personal computer, you agree: (1) to use Internet Services Provider software products needed to access the internet (Software); (2) the Software, and any future upgrades, must be loaded and operational on your personal computer/device and you must use a modem or other access appropriate device to access the Services through the designated interface Equipment and Software; (3) as this service becomes available, to receive account information by electronic transmission of a visual display of the text. Contact customer service for available user guides for the Software. Any other software used by you in the future to access our system, if supported by us, will be provided and maintained by you at your expense.
To have access to the Services you must be an authorized user of the Software you select, if required for use with the Equipment. You must also have at least one eligible deposit account with us. Eligible accounts include both business and personal checking and savings accounts.
You are required to enter:
- Customer Name
- Social Security Number
- Date of Birth
- Mother’s Maiden Name
- Address (including city, state and zip)
- Email address
- Last deposit amount
- Your account number
- Create a unique alternate ID (User Name) 6 to 20 characters 1 alpha
- Choose a 6 or more character password containing letters, numbers and symbols
- Confirm your password
- Secondary account holder information (if applicable)
You will receive an Email once your registration has been accepted.
Enhanced Login Security; What is Multifactor Authentication?
Your online security is important to us, as well as providing you easy and convenient banking tools. Your online banking experience includes the option to enable enhanced login security to further help protect you from identity theft which is known in the online security industry as Multifactor Authentication, or MFA.
Authentication is the process used to allow access to the correct customer. Without effective authentication controls, it is possible for fraudulent users to access your account. We authenticate customers by issuing challenges that only the true customer should be able to pass and/or by requesting information that only the true customer should be able to provide.
Multifactor Authentication means that two or more different types (or factors) of authentication must be passed/provided. By using two different factors of authentication, we get a better assurance that the customer is the intended user. MFA is commonly used to protect transactions at ATMs, where your card is something you have, and your PIN code is something you know.
For your convenience, after you successfully authenticate with your User ID, password and Login Security (One-Time Passcode (OTP), you may enroll your Equipment for use in our enhanced login security authentication. If you choose to enroll your Equipment, a special Browser Cookie will be present on your system, which will allow our system to identify your Equipment. YOU SHOULD ONLY ENROLL YOUR EQUIPMENT IN OUR ENHANCED LOGIN SECURITY FEATURE IF YOU ARE THE ONLY USER OF YOUR EQUIPMENT, YOUR EQUIPMENT ACCESSES THE INTERNET SECURELY, AND YOU PLAN TO REGULARLY ACCESS INTERNET BANKING FROM YOUR EQUIPMENT.
We recommend you ensure that your browser settings and any antivirus software you have do not delete your cookies (data files) so that you are not prompted to provide Login Security (One-Time Passcode (OTP) every time you log into Internet Banking. YOU MUST KEEP YOUR BROWSER SOFTWARE AND ANTIVIRUS SOFTWARE ACTIVE AND UPDATED AT ALL TIMES.
Logging in from a Computer You Normally Use?
When you choose to REGISTER your Equipment, a special Browser Cookie will be present on the system, which will act in place of your Login Security (One-Time Passcode (OTP). You will only need your User ID and password to access your account information once this has been successfully completed.
You should only select this option if the Equipment that you are using is one that you plan on using to access your accounts regularly. Make sure that this Equipment is not one accessible by others and that if your Equipment is accessing the internet securely (if through wifi, make sure that any wifi enabling router is password protected). Please note that until you add enhanced login security to your Equipment you will be asked for a (OTP). You can add enhanced login protection to any Equipment at any time. This can be done by logging into your account from the Equipment that you wish to add the extra security to and selecting “yes” to register this Equipment.
Logging in from a Device You DO NOT Normally Use?
When you choose to list your Equipment as PUBLIC, you will need to provide your User ID, password and you will be prompted to provide your Login Security One-Time Passcode (OTP) each time you log into your account. We recommend this setting when logging in from a library or school computer. If you select this option we will recognize that you are not selecting this Equipment to be recognized with your account. This will mean that if you attempt to login from this Equipment again, we will not identify your account with this Equipment and you will be asked to enter additional information, a (OTP).
Account Log-In Access
During your use of the Services, you are required to enter:
- Customer Access Number (User ID)
- Password and
- One Time Passcode (OTP)
- (unless you have enabled/enhanced login security and you have access to the Services from a registered computer)
Additional numbers and words or bio-metric information may be required depending on the Equipment and software used. Use of these Access Codes is the agreed security procedure to access the Services through any of the Equipment. You agree to keep all Access Codes confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of the Services. For security purposes we recommend that you do not use the same Access Codes you use on other bank products. Do not provide any Access Codes to others. If you give someone else your Access Codes, to the extent permitted by applicable law, you will be responsible for transactions processed using your Access Codes. You agree that these security procedures are commercially reasonable (based on the normal size, type, and frequency of your transfer(s) and is designed to authenticate your transfers.
Depending upon the particular features and the Equipment you select, you may be allowed access to the following Services by first entering your Access Codes:
(a) Account Information. You may obtain an account balance and summary information, uncollected funds information, and cleared transactions detail for at least the current statement period. Certain types of data provided are real-time, periodically updated through the day or prior day information. Account balance and other information obtained through Internet Banking may not include transactions that you have made or authorized but that have not cleared, certain debit card transactions (including gratuities associated with such transactions), deposits you have made but that have not been credited and other transactions that have been made but that have not yet been processed or posted to your account. Account Balance: Includes transactions processed during the previous business day. Available Balance: Includes any pending transactions including credits and/or debits. If your account includes a Keyline Credit Overdraft Protection Line, the amount available is included as part of available balance. If your account includes an Overdraft Privilege amount of $500.00, it is NOT included as part of your available balance. When we pay overdraft items for you, you will be charged our overdraft item fee (NSF paid item(s) charge), currently $35.00, for each item that is presented. More than one overdraft item fee (NSF paid item(s) charge) may be charged against your account per day, depending on the number of checks presented on and withdrawals made from your account. Both the amount of the overdraft items and all applicable fees, including but not limited to the $35.00 overdraft item fees (NSF paid item(s) charge), are included in this limit.
(b) Internal Transfers and Payments. You may request to transfer funds to and from certain Bank of Delmarva account(s) (including bill payments to one or more third parties). Transfers completed after nightly processing or anytime on Saturday, Sunday or any bank holiday will be posted on the next business day, providing funds are available. For Principal and Interest Loan/Line of Credit Payments – Loan/line of credit payments will be applied as specified in your loan/line of credit documents, but in general first to Escrow then to interest that is due, then to principal, and finally to any charges owed. Any additional amounts paid will be applied to principal and MAY advance the next scheduled due date. Partial prepayments will not excuse any later scheduled payments until paid in full. For Interest Only Loan/Line of Credit Payments – Loan/line of credit payments will be applied as specified in your loan/line of credit documents, generally first to Escrow, then to interest that is due, then to charges owed, and finally to principal. Any amounts paid without a "Notice of Loan Payment Due" will be applied to principal and will NOT advance to the next scheduled due date. Partial prepayments will not excuse any later scheduled payments until paid in full. For Final Payments - The actual amount of final payment will depend upon the loan/line of credit payment record. If you have questions about how your loan/line of credit payment will be applied or to obtain your final payment amount please contact the Loan Department at 410-548-1100.
(c) Processing of Balance Notifications and Scheduled Recurring Transfers (SRTs). We will process Balance Notifications at least once each day. We will process Scheduled Recurring Transfers (SRTs) each day at 8:00 AM EST. Initial Notifications and SRTs may take up to 48 hours to take effect. We have no obligation to complete an SRT if there are insufficient funds in your account to complete the transfer, there are restrictions, holds or other limitations that would prevent the transfer or at our sole discretion, or we believe that processing the transfer could expose us to a loss of any kind. If a requested SRT cannot be completed for any reason, we will make a reasonable effort to complete the SRT. It is your responsibility to monitor your accounts to determine if your SRTs have been processed.
(d) Online Check Images. You may view certain check images online (excluding payments made through bill payment). Note that checks that have been presented for payment and that are accessible through the Image Service may not actually be, or have been, paid for reasons such as non-sufficient funds or the existence of an stop payment order concerning the check.
(e) Data Export. You may export account information for use with your personal financial management software (Quicken® or Microsoft Money®) (“PFM Software”). This service is limited to certain eligible accounts and is not compatible with all versions of PFM Software. We reserve the right to change the file format or formats available for download on Internet Banking at any time, without notice.
(f) Entitlements. Granting Access to Other People (Entitlements) As the authenticated primary user of online banking, you have the ability to entitle another person or persons (subusers) access to your online banking site and provide them with certain authorities related to your accounts. Entitlements include view-only access, making transfers between designated accounts and initiating bill payments from designated accounts, granted individually or in combination. You have sole authority and control in entitling, managing and disabling subusers and/or their respective authority. You authorize us to act on transaction instructions initiated under the credentials of an authenticated subuser, just as if it was initiated under your credentials. WHEN YOU LET ANOTHER PERSON ACCESS YOUR ACCOUNT OR LOAN, FUNDS MAY BE TAKEN FROM YOUR ACCOUNT OR LOAN FOR PURPOSES THAT DO NOT BENEFIT YOU. When granting entitlements, you assume total liability for any and all activities of a subuser with respect to your accounts, and you agree to hold The Bank of Delmarva harmless in any claim you make against a subuser for breach of your agreement with said subuser pursuant to entitlements.
(g) Stop Payments. You may use the Services to place a stop payment on checks that you have written. To do so, select the “stop payment” feature through the Services (you agree to pay our stop payment fee). You must provide all information requested concerning the check in question in order for us to process your request and you must give us sufficient time to process any request.
The Bank of Delmarva's Mobile Banking Service. After you have enrolled in Internet Banking/Online Account Access Banking Services, you can use The Bank of Delmarva’s mobile banking service (“BOD Mobile”) to access financial services and products and the functions now, or in the future, made available by us, using a Mobile Device. Not all Eligible Accounts are available through BOD Mobile. Currently, you can use BOD Mobile in three ways(1) receive account notifications via text messages sent to a mobile phone (through SMS)(“BOD Text Message); (2) downloading an application to a Mobile Device (“BOD Mobile”) or (3) visiting www.bankofdelmarva.com. to access our Site (“Mobile Web”). To use BOD Mobile, you must have a “Mobile Device”, which is a mobile phone, tablet or other equipment with a mobile carrier, operating system, data plan, software and hardware supported by us now or in the future.
BOD Text Message. To take advantage of the text messaging service, you must have a supported Mobile Device that can send and receive text messages, have a text messaging service plan carrier through a supported mobile carrier, and enroll in BOD Mobile (through Internet Banking/Online Account Access Banking Services).
BOD Mobile App and Mobile Web. To take advantage of Mobile App(s), you must have a supported Mobile Device and download the BOD Mobile application on your device. To take advantage of Mobile Web you must have a supported Mobile Device. Some Mobile Devices with bio-metric scanning identification capabilities may be used to access to BOD Mobile. If you have such a Mobile Device, after you have initially accessed BOD Mobile using your User ID and Password, you may elect to enable bio-metric access to BOD Mobile using your Mobile Device’s bio-metric scanning features. You agree that the provider/manufacturer of your Mobile Device is responsible for the operation and accuracy of any bio-metric features.
Limitations and Notices Applicable to BOD Mobile Services. YOU AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING A MOBILE DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED AND YOUR ACCOUNTS ACCESSED. For this reason, we strongly recommend password protecting your Mobile Device. You agree not to use any personally-identifiable information when creating nicknames for your Eligible Accounts. In the event you lose, or destroy the Mobile Device whose phone number is registered with us for BOD Text Mobile or which is running an BOD Mobile application, you should immediately (i) reset your BOD Web Banking Password and (ii) notify your wireless carrier to disable wireless telecommunications service (voice and data) from your lost or stolen Mobile Device. YOU FURTHER AGREE THAT IF YOU ENABLE BIO-METRIC ACCESS TO BOD MOBILE USING YOUR MOBILE DEVICE, YOUR BOD MOBILE FUNCTIONALITY WILL BE AVAILABLE WITHOUT THE USE OF YOUR USER ID AND PASSWORD AND ANY BIO-METRIC INFORMATION THAT IS “APPROVED” AS AN ACCESS POINT IN YOUR MOBILE DEVICE’S BIO-METRIC INFORMATION REPOSITORY, WILL PERMIT ACCESS TO BOD MOBILE. Your bio-metric information is an Access Code under this agreement. You agree that the provider/manufacturer of your Mobile Device is responsible for the operation and accuracy of any bio-metric features.
Use of BOD Mobile is subject to the directions, limitations and requirements described on our Site. At any time and without notice, BOD Bank reserves the right to: (i) terminate its support of any Mobile Device, operating system or mobile carrier; (ii) remove or modify the types of accounts, features and functionality available through BOD Mobile; and (iii) modify any security procedures or requirements BOD requires to gain access to BOD Mobile.
You agree that BOD Bank cannot guarantee and is not responsible for the availability of the data services provided by your mobile carrier, and that service may not be available from time to time. BOD does not currently charge a fee for BOD Mobile. However, you are responsible for any data or text message charges or other fees that may be billed by your mobile carrier. Check with your mobile carrier for details on specific fees and charges that may be applicable.
If you wish to discontinue using BOD Mobile App(s) delete the App from your mobile device. To discontinue BOD Text Message Banking (SMS Banking) Text “STOP” to 454545, you will receive a one-time opt out confirmation text message.
Third Party Software: Virus Protection:
The Bank makes no representation or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with Internet Banking/Online Account Access Banking Services. The bank is NOT responsible for any virus that you may encounter, and highly recommends the use of manufacturer-recommended virus detection software.
Internal Electronic Messaging and External Email:
If you send us an electronic mail message (Email), we will be deemed to have received it no later than the following business day. We will have a reasonable time to act on your Email. You should NOT rely on Email if you need to communicate with us immediately concerning your bank account.
At The Bank of Delmarva, we're serious about safeguarding the privacy of your personal information. External Email sent over the Internet is not a secure method to send messages to us. We have, therefore, provided secure internal electronic messaging after you have logged into Internet Banking. We recommend you take the following precautions when sending us Email(s): Personal information, such as account numbers, personal identification numbers (PINs) and balances should NOT be included in your message. For sensitive information, we encourage you to contact us by calling one of our branches. Please note that we will not take any action based on an Email sent to us until we have had a reasonable time to act on it. We strongly recommend that you do not use Email to communicate URGENT information. We may also provide the opportunity to communicate through BOD Mobile via chat functionality.
Service Availability; Limitation of Liability:
The Bank of Delmarva is responsible for performing the Services as expressly stated in this agreement. There is no guarantee that access to the Services will be available at all times and we shall not be liable if you are unable to access the Services. We provide the Services “as is” without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. We are not responsible for any errors or failures caused by the malfunction of the Services. We also are not responsible or liable for any computer virus caused by use of the Services. We are not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be our agent. In any event, we are not liable for any loss of data, special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Services, even if we have knowledge of the possibility of them. We are 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 our reasonable control.
ELECTRONIC FUND TRANSFERS YOUR RIGHTS AND RESPONSIBILITIES
Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
Electronic Fund Transfers Initiated By Third Parties - You may authorize a third party to initiate electronic fund transfers between your account and the third party's account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide the third party with your account number and financial institution information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your financial institution and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:
- Preauthorized credits - You may make arrangements for certain direct deposits to be accepted into your checking or savings.
- Preauthorized payments - You may make arrangements to pay certain recurring bills from your checking or savings or money market.
- Electronic check conversion - You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or pay bills.
Electronic returned check charge - You may authorize a merchant or other payee to initiate an electronic funds transfer to collect a charge in the event a check is returned for insufficient funds.
TeleBanc transactions - types of transactions - You may access your account by telephone using your account number(s), personal identification number (PIN), social security number and touch tone phone to:
- transfer funds from checking, savings or money market to checking, savings or money market
- get balance information about checking, savings, certificate of deposit or money market or loans
- get withdrawal history about checking or savings
- get deposit history about checking, savings or money market
- get transaction history about checking, savings or money market
You may access your account for telephone transactions at the following number(s) and during the following hours:
- (410) 742-0411 (24)
- (866) 991-2262 (24)
ATM Card transactions - types of transactions - You may access your account(s) by ATM using your ATM Card and your personal identification number (PIN) to:
- deposit funds to checking
- withdraw cash from checking, savings or money market
- transfer funds from checking, savings or money market to checking, savings or money market
- get balance information about checking, savings or money market
- Cash Withdrawal at ATM Dollar Limit - $500.00 per day.
- ATM Foreign Transaction Fees - $1.50.
Some of these services may not be available at all terminals.
MasterCard Debit Card ATM transactions - types of transactions - You may access your account(s) by ATM using your MasterCard Debit Card and your personal identification number (PIN) (as applicable) to:
• deposit funds to checking
• withdraw cash from checking or savings
• transfer funds from checking or savings to checking or savings
• get balance information about checking or savings
• Debit Card Purchase / Point-of-Sale Aggregate Dollar Limit - $1,500.00 per day in transactions which includes $500.00 per day cash withdrawals.
Some of these services may not be available at all terminals.
MasterCard Debit Card point-of-sale transactions - types of transactions - You may access your checking or your savings or money market account(s) by debit card to do transactions that participating merchants will accept, including:
- purchase goods in person, by phone, or online
- pay for services in person, by phone, or online
- get cash from a participating merchant or financial institution
- Debit Card Purchase / Point-of-Sale Aggregate Dollar Limit - $1,500.00 per day in transactions which includes $500.00 per day cash withdrawals.
Currency Conversion and International Transactions - If you effect a transaction with your Card in a currency other than US Dollars, MasterCard will convert the charge into a US Dollar amount. The MasterCard currency conversion procedure includes use of either a government-mandated exchange rate, or a wholesale exchange rate selected by MasterCard. The exchange rate MasterCard uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of purchase or the date the transaction was posted to your account. MasterCard charges us a Currency Conversion Assessment of 20 basis points (.2% of the transaction) for performing the currency conversion. In addition, MasterCard charges us an Issuer Cross-Border Assessment of 80 basis points (.8% of the transaction) on all cross-border transactions regardless of whether there is a currency conversion. A cross-border transaction is a transaction processed through the Global Clearing Management System or the MasterCard Debit Switch in which the country of the merchant is different than the country of the cardholder.
Advisory Against Illegal Use - You agree not to use your card(s) for illegal gambling or other illegal purposes. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.
Internet Banking - types of transfers - You may access your accounts by computer at www.bankofdelmarva.com and using your User ID and Password to:
- transfer funds from checking, savings, money market to checking, savings, or money market
- get balance information about checking, savings, certificate of deposit or money markets or loans
- get withdrawal history about checking, savings or money markets
- get deposit history about checking, savings or money markets
- get transaction history about checking, savings or money markets
Bill Payment - types of transfers - You may access this service by computer at www.bankofdelmarva.com and using your user name and password. You may access this service to:
- make payments from your checking and savings, or money market account(s) to payees that you designate.
(Some payments made by paper check will not be subject to this Electronic Fund Transfer disclosure. See your service agreement for details. Bill Payment is free. Maximum (total payment per payee) - $9,999.99.
Limits and fees - Please refer to our fee disclosure located within the “Products & Services” tab and click on “Fees and Charges” for information about fees and limitations that may apply to these electronic fund transfers.
ATM Operator/Network Fees - When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
Limitations on frequency of transfers - In addition to those limitations on transfers elsewhere described, if any, the following limitations apply to your money market, savings account(s): Transfers from a Money Market account to another account or to third parties by preauthorized, automatic, telephone, or electronic banking transfer are limited to six (6) per month with no more than six(6) by check, draft, check card, point-of-sale, electronic check or similar order to third parties. If transaction limitations are exceeded, the Bank reserves the right to close the account or convert it to another type of account. Transfers from a Savings account to another account or to third parties by preauthorized, automatic, telephone, or electronic banking transfer are limited to six (6) per month. If transaction limitations are exceeded, the Bank reserves the right to close the account. Savings Excessive withdrawal fee (per item in excess of six (6) per quarter) $3.00 per item.
Terminal transfers - You can get a receipt at the time you make a transfer to or from your account using an automated teller machine or point-of-sale terminal. However, you may not get a receipt if the amount of the transfer is $15 or less. Preauthorized credits - If you have arranged to have direct deposits made to your account at least once every 60 days from the same Person or company:
- the person or company making the deposit will tell you every time they send us the money.
- you can call us at (410) 548-7892 to find out whether or not the deposit has been made.
Periodic statements - You will get a monthly account statement from us for your checking account(s). You will get a quarterly account statement from us for your savings account(s), if the only possible electronic transfers to or from the account are preauthorized credits.
You will get a monthly account statement from us for your savings account(s), unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly.
Right to stop payment and procedure for doing so - If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how: Call or write us at the telephone number or address listed in this disclosure in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
Notice of varying amounts - If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
Liability for failure to stop payment of preauthorized transfer - If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Financial Institution's Liability
Liability for failure to make transfers - If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer.
- If you have an overdraft line and the transfer would go over the credit limit.
- If the automated teller machine where you are making the transfer does not have enough cash.
- If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
- If during our regular daily maintenance period, the Scheduled Recurring Transfers (SRTs) do not process.
- There may be other exceptions stated in our agreement with you.
We will disclose information to third parties about your account or the transfers you make:
- where it is necessary for completing transfers; or
- in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
- in order to comply with government agency or court orders; or
- If you give us written permission.
(a) Consumer liability. (1) Generally, tell us AT ONCE if you believe your card and/or code has been lost or stolen. 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 you tell us within two business days, you can lose no more than $50 if someone used your card and/or code without your permission.
(If you believe your card and/or code has been lost or stolen, and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 if someone used your card and/or code without your permission.) If you do NOT tell us within two business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code 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, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days 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 a hospital stay) kept you from telling us, we will extend the time period.
(2) Additional Limits on Liability for MasterCard debit card. You will not be liable for any unauthorized transactions using your Mastercard debit card if: (i) you can demonstrate that you have exercised reasonable care in safeguarding your card from the risk of loss or theft, and (ii) upon becoming aware of a loss or theft, you promptly report the loss or theft to us. (MasterCard is a registered trademark of MasterCard International Incorporated.
(b) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call or write us at the telephone number or address listed in this disclosure. You should also call the number or write to the address listed in this disclosure if you believe a transfer has been made using the information from your check without your permission.
Error Resolution Notice
In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed in this disclosure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the 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.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) 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 within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before the account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation. If you have inquiries regarding your account, please contact us at:
The Bank of Delmarva
One Plaza East, Suite 100
Salisbury, MD 21801
BUSINESS DAYS: Monday, Tuesday, Wednesday, Thursday and Friday
Holidays are not included.
PHONE: (410) 548-7892
Notice Of ATM/Night Deposit Facility User Precautions As with all financial transactions, please exercise discretion when using an automated teller machine (ATM) or night deposit facility. For your own safety, be careful. The following suggestions may be helpful.
- Prepare for your transactions at home (for instance, by filling out a deposit slip) to minimize your time at the ATM or night deposit facility.
- Mark each transaction in your account record, but not while at the ATM or night deposit facility. Always save your ATM receipts. Don't leave them at the ATM or night deposit facility because they may contain important account information.
- Compare your records with the account statements you receive.
- Don't lend your ATM card to anyone.
- Remember, do not leave your card at the ATM. Do not leave any documents at a night deposit facility.
- Protect the secrecy of your Personal Identification Number (PIN). Protect your ATM card as though it were cash. Don't tell anyone your PIN. Don't give anyone information regarding your ATM card or PIN over the telephone. Never enter your PIN in any ATM that does not look genuine, has been modified, has a suspicious device attached, or is operating in a suspicious manner. Don't write your PIN where it can be discovered. For example, don't keep a note of your PIN in your wallet or purse.
- Prevent others from seeing you enter your PIN by using your body to shield their view.
- If you lose your ATM card or if it is stolen, promptly notify us. You should consult the other disclosures you have received about electronic fund transfers for additional information about what to do if your card is lost or stolen.
- When you make a transaction, be aware of your surroundings. Look out for suspicious activity near the ATM or night deposit facility, particularly if it is after sunset. At night, be sure that the facility (including the parking area and walkways) is well lighted. Consider having someone accompany you when you use the facility, especially after sunset. If you observe any problem, go to another ATM or night deposit facility.
- Don't accept assistance from anyone you don't know when using an ATM or night deposit facility.
- If you notice anything suspicious or if any other problem arises after you have begun an ATM transaction, you may want to cancel the transaction, pocket your card and leave. You might consider using another ATM or coming back later.
- Don't display your cash; pocket it as soon as the ATM transaction is completed and count the cash later when you are in the safety of your own car, home, or other secure surrounding.
- At a drive-up facility, make sure all the car doors are locked and all of the windows are rolled up, except the driver's window. Keep the engine running and remain alert to your surroundings.
- We want the ATM and night deposit facility to be safe and convenient for you. Therefore, please tell us if you know of any problem with a facility. For instance, let us know if a light is not working or there is any damage to a facility.
Please report any suspicious activity or crimes to both the operator of the facility and the local law enforcement officials immediately.
Anywhere that the term "fee disclosure" is used, refer to the "Products & Services" tab and click on “Fees and Charges."
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST
Our Right to Terminate: You agree that we can terminate or limit your access to Internet Banking/Online Account Access, for any of the following reasons:
- Without prior notice, if you have insufficient funds in any one of your Bank accounts.
Internet Banking/Online Account Access may be reinstated, at our sole discretion, once sufficient funds are available to cover any fees, pending transfers, debits, etc.
- Upon three (3) business days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close an existing Primary Checking Account.
- If you do not login to Internet Banking/Online Account Access during any consecutive ninety (90) day period. If you wish to reinstate Internet Banking/Online Account Access you must contact customer service.
- You violate any term or condition in this agreement.
- Fraud or any misuse of the Services.
- Garnishment/levy of any of your accounts, returned bill pay items, and/or returned mobile deposit items.
- Upon reasonable notice, for any other reason in our sole discretion.
Changes in Terms: New Services
We may incorporate new options into these Services. By using a new option, you agree to be bound by the rules concerning that option. We may amend this Agreement. Unless applicable law requires otherwise, all amendments will be binding upon you immediately after we give you notice.
Any notice, request or other communication you are required or permitted to give under this Agreement must be in writing and sent by certified or registered United States mail, return receipt requested, postage prepaid, to the address indicated above in the “Error Resolution Notice” section. Notices will be effective when we receive them. At our discretion we may give notice to you by mail or by e-mail. We may give notice of changes in terms or we may revise the terms and conditions in this Agreement and make it available in our branches. Any notice that we mail is considered given 48 hours after we place it in the mail, postage paid, for delivery to your address as shown on our records. Any notice delivered electronically is considered given 24 hours after it is first made available through the Services. If a specific notice period or type of notice is required by applicable law, the notice will be binding in accordance with such law.