- You shall be solely responsible for the accuracy and completeness of Transfer Instructions transmitted to Charter One. Charter One shall not be responsible for any errors in the Instructions or requests for cancellation or amendment of Instructions transmitted to Charter One by you, and your sole recourse for erroneous or unauthorized Entries or Instructions received by Charter One from a third-party processor acting on behalf of you is against such third-party processor and not against Charter One.
- Settlement for Entries will occur as provided in the Rules, except that Charter One may, upon notice, require Settlement prior to processing. Payment of a Credit Entry by the Receiving Depository Financial Institution to the Receiver shall be provisional until receipt by the Receiving Depository Financial Institution of final Settlement for such Entry. You acknowledge that, if such final Settlement is not received, the Receiving Depository Financial Institution shall be entitled to a refund from the Receiver of the amount credited and you shall not be deemed to have paid the Receiver the amount of the Entry.
- If an Entry describes the Receiver inconsistently by name and account number, payment may be made on the basis of the account number even if it identifies a person different from the named Receiver. In addition, if an Entry describes the Receiving Depository Financial Institution inconsistently by name and identification number or routing number, payment may be made on the basis of the identification number or routing number even if it identifies a financial institution other than the named Receiving Depository Financial Institution.
- If you transmit an Entry that instructs Charter One to debit or credit an account at a financial institution that does not participate in an ACH association, Charter One may reject such Entry and use reasonable efforts to notify you of such rejection.
- You agree to maintain sufficient collected balances in your Account to cover your transfer obligations for all Entries transmitted to Charter One. You authorize Charter One to obtain payment of any amount due Charter One with respect to any of the Entries by debiting, without prior notice or demand, the Account or any other account maintained by you at Charter One or, to the extent permitted by applicable law, any of its affiliate banks. Entries requiring payments in excess of the collected balances available in the Account may be returned unprocessed by Charter One, provided that Charter One may, in its discretion, debit other accounts maintained by you at Charter One in order to complete the Entry or honor the payroll check. You shall fund the Account with collected funds on or prior to any applicable Settlement Date, or, if so notified by Charter One, on or prior to the date any Entries are to be processed. In the event that there are not sufficient collected funds in the Account to cover all Entries transmitted to Charter One by you, such Entries will be completed in the order determined by Charter One. If you fail to fund the Account as required, then Charter One may refuse to provide Transfers Outside the Bank Services to you.
- With respect to Debit Entries, you agree that Charter One may place a hold on funds in the amount of the Entry between the time the Entry is transmitted to Charter One and the time the transfer is completed.
- With respect to Credit Entries, you agree that Charter One may place a hold on amounts credited to the Account between the time the amount is credited and the time the credit becomes final and irrevocable.
- Periodic Statements - Transfer Outside the Bank - Entries processed will be reflected in periodic statements issued by RBS, Citizens N.A. or Citizens Bank of Pennsylvania where applicable. You must notify Charter One promptly of any discrepancy between your records and the information reflected in such periodic statements. If you fail to notify Charter One of any such discrepancy within the time period set forth in the Account Agreement, you shall be precluded from asserting the discrepancy against Charter One.
11. ADDITIONAL INFORMATION
Any documentation provided to you which indicates that an electronic fund transfer was made will be admissible as evidence of the transfer and will constitute prima facie proof that the transfer was made. The initiation by you of certain electronic fund transfers from your Account will effectively eliminate your ability to stop payment of the transfer. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS; THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.
12. BILL PAYMENT SERVICE
Bill Payments may only be made from Eligible Linked Accounts that are Checking or Money Market Accounts and must be made in accordance with the terms of this Agreement and any other applicable Account agreements.
You authorize the Bill Payment Service to debit your Payment Account and remit funds on your behalf to the Biller. In order to process payments more efficiently and effectively, the Bill Payment Service may edit or alter payment data, including deleting duplicate payments, or data formats in accordance with Biller directives. When the Bill Payment Service receives a Payment Instruction, you authorize the Bill Payment Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Pay Date as designated by you. In rare instances, if the payment is sent by Laser Draft (a paper check drawn on your Payment Account), the payment may be received by the Biller and debited from your account prior to the Pay Date. You also authorize the Bill Payment Service to credit your Payment Account for payments returned to the Bill Payment Service by the United States Postal Service or Biller.
There are three possible methods that may be used to remit your payment:
- Electronic Payment Funds are transmitted electronically to your designated Biller and debited from your payment account on the Pay Date.
- Electronic to Check Funds will be remitted to your designated Biller by a check drawn on the Bank or the Bank's bill payment processor and debited from your Payment Account on the Pay Date.
- Laser Draft Funds are remitted via a paper check drawn on your Payment Account payable to your designated Biller and debited from your Payment Account on presentment to the bank.
The Bill Payment Service reserves the right to select the method in which to remit funds on your behalf to your Biller.
Scheduling Bill Payments
When entering your Payment Instructions, you will be asked to provide a Pay Date. To avoid late fees and other finance charges, the Pay Date that you enter should be equal to or earlier than the actual Due Date of your bill, not the late date and/or a date within the grace period. If it is not, you will be responsible for any late payment fess, finance charges or other action taken by the Biller or us.
The earliest possible Pay Date for each Biller will be pre-filled within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Pay Date less than the earliest possible Pay Date designated for each Biller. When scheduling payments you must select a Pay Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Pay Date that is at least one (1) Business Day before the actual Due Date. Pay Dates must be equal to or prior to the actual Due Date of the bill, not the late date and/or a date within the grace period.
If you properly follow the procedures for submitting payments, and we fail to make a bill payment from your Payment Account on time and in accordance with your Payment Instructions, we will be liable to you as described in the section of this Agreement entitled OUR LIABILITY FOR FAILURE TO TRANSFER FUNDS OR COMPLETE BILL PAYMENTS.
Processing of Your Bill Payments.
Once a bill payment is scheduled, your payment will be reviewed as part of our fraud prevention process, and may be held until further confirmation is received by you. If necessary, we will make attempts to confirm the payment with you either by telephone or email. You agree to respond to us at your earliest convenience to avoid any delays of your payment processing, however if confirmation is not received within ten (10) business days following your Pay Date, your payment may not process.
Canceling and Modifying Bill Payments
You may cancel or edit a payment up to (3) Business Days or more prior to the Pay Date by following the directions within the help section of the Bill Payment Service. There is no charge for canceling or editing a Pending Payment. Once the Service has begun processing a payment it cannot be cancelled or edited.
You cannot use Bill Payment Service to pay any company or person with an address outside the United States or its territories.
Tax and court ordered payments may be scheduled through the Bill Payment Service; however such payments are discouraged and must be scheduled at your own risk.
The bank is not responsible for researching these types of payments, in the event they don't process as scheduled. Prohibited Payments are not covered by the Online Guarantee.
We also reserve the right to refuse to make payments to certain Billers. We will promptly notify you if we decide to refuse to make a payment to a certain Biller. We will not, however, notify you if you attempt to make a Prohibited Payment.
In no event will we be liable or any claims or damages resulting from the scheduling of Prohibited Payments. All service guarantees are void when a Prohibited Payment is scheduled or processed. The Online Service has no obligation to research or resolve any claim resulting from a Prohibited Payment. All research and resolution for any misapplied, mis-posted, or misdirected payments will be the sole responsibility of you and not of the Online Service.
In using the Online Service, you understand that Billers, payment processors, or the United States Postal Service may return payments to the Online Service for various reasons. These reasons can include, but are not limited to the following:
- the Biller's forwarding address has expired;
- the Biller's account number is not valid;
- the Biller is unable to locate the account; or
- your account with the Biller is paid in full.
The Online Service will use its best efforts to research and correct the returned payment and return it to your Biller. Electronic to Check payments outstanding after 90 days may be voided and the payment amount credited to your Payment Account. Laser Draft payments will remain outstanding. You are responsible for reconciling your Account(s) and reviewing the status of the payments. If we are unable to complete a payment for any reason, we may, in a method of our choosing and at our sole discretion, provide you with notice.
Stop Payment Requests
A stop payment may only be requested if a check has been issued for your payment and if the check has not cleared. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service may not have a reasonable opportunity to act on any stop payment request and will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule in the agreement governing your accounts with us.
A stop payment cannot be requested if the payment was remitted to your Biller electronically. You should contact your Biller directly to request any payment refund. If you desire assistance with this process, you must contact Customer Service.
Other than as described above, you may not stop or edit a bill payment.
Bill Delivery and Presentment
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:
Information provided to the Biller - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
Activation - Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your User ID and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
13. RESTRICTIONS ON TRANSFERS FROM YOUR SAVINGS AND MONEY MARKET DEPOSIT ACCOUNTS
14. DISCLOSURE OF ACCOUNT INFORMATION
Your ability to transfer funds from or between certain of your Accounts with the Online Service may be limited, as more fully described in your Deposit Account Agreement. Federal regulations limit your ability to make transfers from your Savings and Money Market Accounts to one of your other Accounts or to third parties by preauthorized, automatic, personal computer, including online banking and bill payment services, to six (6) per calendar month for Saving Accounts and six (6) per statement period for Money Market Accounts. No more than three (3) of these six (6) transfers or payments may be made by check, draft or other similar item. Transfers and Bill Payments made using the Online Service are subject to these limitations. Money Market Accounts may be charged a fee for each transaction that exceeds these limits. If you exceed these limits a total of three (3) times during a span of twelve (12) consecutive calendar months (for Savings Accounts) or twelve (12) consecutive statement periods (for Money Market Accounts), we will be required to transfer the funds in the account to a non-interest bearing account. We may however, transfer your funds sooner if you significantly exceed these transfer limits in any one month or statement period, as applicable.
In order that your privacy may be protected, we will not disclose any information to third parties about you, including e-mail addresses, or your Accounts or the transfers you make, except in the situations noted below. We will disclose such information:
- where it is necessary for completing transfers or payments, or to resolve a problem related to a transfer or payment;
- in order to verify the condition and existence of your Accounts for a third party, such as a credit bureau or merchant;
- to persons authorized by law in the course of their official duties;
- to a consumer reporting agency as defined by Applicable Law;
- in order to comply with government agency or court orders, such as a lawful subpoena;
- to third parties that assist us in marketing products and services or other financial institutions with which we have joint marketing agreements to enhance our financial product or service offerings;
- to our employees, auditors, service providers, attorneys or collection agents in the course of their duties;
- as disclosed in our Privacy Pledge; or
- if you give us your written permission (including e-mail).
15. INSUFFICIENT FUNDS TO COMPLETE TRANSFER OR BILL PAYMENT
16. OUR LIABILITY FOR FAILURE TO TRANSFER FUNDS OR COMPLETE BILL PAYMENTS
You must have available funds in your Account, and any Account linked for an overdraft plan, on the date that your payment or transfer will be made and your Account will be debited. If a Bank Account has insufficient funds, the transaction may not be completed. If we, in our sole discretion, decide to complete the transaction, we may require you to pay the overdraft and charge you an overdraft fee. We are not, however, under any obligation to allow an overdraft to be created, unless you have an overdraft plan in place on the affected Account(s).
If we debit your Account incorrectly or your payment is sent to a person or entity different than set out in your Payment Instructions, we will be responsible for returning the improperly transferred funds to your Payment Account and for resending the payment properly. If we do not complete a transfer or bill payment to or from your Account on time or in the correct amount in accordance with your Transfer or Payment Instructions, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance, if:
- You did not properly follow the provisions of this Agreement, the online instructions for the Online Service, or other instructions for making a transfer or payment;
- You choose a Payment Date that is not equal to or earlier than the Payee Biller's bill payment Due Date, or not the late date and/or a date within the grace period;
- Through no fault of ours, you do not have enough funds in your Account(s) to make a transfer or payment;
- The transfer will exceed the credit limit on your Overdraft Line of Credit with us;
- Your computer, the software, phone lines, our computer systems or the Online Service were not working properly or were temporarily unavailable, and this problem was apparent to you when you attempted the transfer or payment or you were advised by the Online Service about the malfunction before you executed the transaction;
- Circumstances beyond our control prevented the transfer or payment, despite reasonable precautions that we have taken, include telecommunication outages, postal strikes, fires, floods or other natural disasters;
- We have paid funds from, or placed a "hold" on funds in your Account or remitted funds to another party, pursuant to reasonable business procedures, or in compliance with legal processes such as a garnishment, tax levy or court order;
- You have not provided the Bill Payment Service with the correct names, phone numbers, or account information of your Payee;
- We have received incomplete or inaccurate information from you or a third party involving the Account with respect to a transfer or payment;
- The Biller mishandles or delays a payment sent by the Bill Payment Service;
- We have reasonable basis to believe that unauthorized use of your User ID, Password or Account has occurred or may be occurring;
- We or you have terminated your Online Service or closed your Account to which the User ID was linked;
- You have supplied your login information to another party;
- For any other reason specified in this Agreement or any other agreement we have with you.
If your profile or one of the funding accounts is inactivated, any Pending Payments and recurring models will be cancelled. If you are reactivated at any time, these Pending Payments and recurring models have been cancelled and will never process. Any recurring models that were previously added will have to be set up again. If you go to a “Frozen” status, Pending Payments and recurring models are not cancelled they are considered in a "hold" status. Hence, if you are moved from an “Frozen” status back to an “Active” status payments that were Pending in the past 7 business days and in the future 3 business days will be selected and processed.
Unless otherwise required by Applicable Law, we will not be liable to you under any circumstances 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.
17. CONSUMER ACCOUNTS ONLY
CONTACT IN THE EVENT OF UNAUTHORIZED USE
If you believe your User ID or Password has become known or has been used (or may be used) without your permission, call Charter One Phone Bank immediately at 1-877-981-3733, 24 hours a day; contact us through your secure online Message Center; or write to us at:
C/O Online Services
One Citizens Drive
Riverside, RI 02915
Tell us AT ONCE if you believe your User ID or Password, or both, has been lost, stolen, or used (or may be used) without your permission. Telephoning is the best way of keeping possible losses to a minimum. You could lose all of the money in your Account, including any amount available in a linked Overdraft Line of Credit or overdraft Savings Account. If you notify us within two (2) Business Days after you discover your User ID, Password or other means of access to your account has been lost or stolen, you can lose no more than $50 if someone used your User ID or Password without your permission.
If you do NOT notify us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your User ID, Password or other means to access your account if you had notified us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make, including those made by User ID, Password, or other means, tell us at once. If you do not tell us within sixty (60) days after the statement containing the unauthorized activity was sent to you, you may not get back any money you lost after the sixty (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 periods.
In Case of Errors or Questions About Your Electronic Transfers. In case of errors or questions about your payments or transfers, you should notify us as soon as possible via one of the following:
1. Telephone us at 1-877-981-3733; or
2. Your secure online Message Center; or
3. Write us at:
C/O Online Services
One Citizens Drive
Riverside, RI 02915
If you think your statement is incorrect or you need more information about an Online Service transaction listed on the statement, we must receive notice from you no later than sixty (60) days after the FIRST statement was sent to you on which the error appears. You must:
- tell us your name and account number;
- describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and
- tell us the dollar amount and date of the suspected error.
It will be helpful to us if you also give us a telephone number at which you can be reached in case we need any additional information.
If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after you have notified us. We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to investigate your complaint or question following the date you notified us. If we decide to do this, we will credit your Account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your Account.
For errors involving new Accounts, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) Business Days to credit your Account for the amount you think is in error.
We will provide you the results within three (3) Business Days after completing our investigation. If it is determined that there was no error we will mail you a written explanation. You may ask for copies of documents used in our investigation. We may revoke any credit provided to you if we find an error did not occur.
18. BUSINESS ACCOUNTS ONLY
In case of errors or questions about your transactions, you should call us at 1-877-981-3733, contact us through your secure Online Message Center; or write us at:
C/O Online Services
One Citizens Drive
Riverside, RI 02915
We will use commercially reasonable efforts to resolve the error or question. The following definitions shall apply to this Section of the Agreement as related to Business Accounts only.
- Super User: The Super User is the individual designated, generally the business owner or Account holder (as defined on the Business Deposit Account Certificate of Authority) to control access rights to the Online and Bill Payment Service. The Super User must be authorized to act on behalf of the business. The Super User is designated during enrollment. If you auto-enroll (using an eligible ATM or Debit Card and PIN) you will be designated as the Super User. One Super User may be designated per Online Service profile.
- Sub User: The Sub User is an individual authorized by the Super User to access the Online Service.
- Access. The Super User will have full access to the Online Service and can set up one or more Sub Users and authorize each Sub User to have access to all or any part of the Online Service that the Super User can access. The Super User and each Sub User will have separate User ID and Passwords. You acknowledge that by authorizing access to a Sub User, you will be allowing the Sub User to view (including check images), maintain, and transact, including transfers and bill payments, as granted by the Super User, on linked business Accounts assigned by the Super User within the Online Service. You also acknowledge that the Sub User will, at a minimum, be able to view Account balances, transactions, check images, online statements and online notices for any Account for which access has been granted. It is the responsibility of the business to notify us of any additions or changes (including removal of any authorized Super or Sub User) to your Online Service.
- Linking Business and Personal Accounts. If you are a business owner or Account holder and the Super User for an online profile and are an owner or Account holder of other Accounts, either business or personal, you may choose to link the Accounts on the same profile (using the same User ID and password). You understand that error resolution policies and other terms of the Online Service are different for business and personal Accounts, regardless of whether they appear on the same profile. Your online access to both Accounts must be the same (for example, you may not link an Account on which you have inquiry-only access to an Account on which you have full access.) You agree to notify us if your access to or authority over any linked Account changes. We will not be liable for any unauthorized activity prior to notification or until we have had a reasonable opportunity to act.
- YOU ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY ACCESS, MAINTENANCE, PAYMENTS, TRANSFERS OR OTHER TRANSACTIONS INVOLVING ANY ACCOUNT LINKED TO YOUR SERVICE BY ADDITIONAL USERS THAT OCCURS BEFORE YOU NOTIFY US OF CHANGES OR POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD REASONABLE OPPORTUNITY TO ACT.
19. RELATED AGREEMENTS
Your Accounts linked to the Online Service will also be governed by the agreements, disclosures and other documents provided to you in connection with the opening of your Account(s), as they may be amended from time to time. If you have overdraft plan accounts that are linked to your Account, they continue to be governed by the applicable agreements you have with us. Except in the case of your Deposit Account Agreement with us and the accompanying Fees and Features Guide, if any inconsistency exists between such other documentation and this Agreement, then this Agreement shall control to the extent of the inconsistency.
20. TERMINATING THE ONLINE SERVICE
We reserve the right to terminate your use of the Online Service for any reason including inactivity and at any time without notifying you. You have the right to terminate your use of the Online Service by calling us at 1-877-981-3733 at any time during our normal business hours, or by writing to us at:
C/O Online Services
One Citizens Drive
Riverside, RI 02915
If you call, we may require you to put your request in writing and get it to us within 10 days after you call. If you have recurring payments or transfers from your Account, you must notify the Biller of your termination of the Online Service.
Any termination of your use of the Online Service, whether initiated by you or us, will not affect any of your or our rights and obligations under this Agreement which have arisen before the effective date of such termination.
21. AMENDMENTS OR CHANGES TO SERVICE OR AGREEMENT
We reserve the right, from time to time, to amend this Agreement or change the features or services offered by the Online Service, in our sole discretion. In instances where such changes will have an adverse impact upon you or we are otherwise required by Applicable Law or regulation, we will send you written or electronic notice about the change at least twenty-one (21) calendar days prior to the effective date of any such change. If however, the change is made for security purposes, the change will be implemented without any notice to you.
If any such required advance notice is returned to us as undeliverable because of a change in your address which you have not notified us about in writing or any other reason which is not our fault, the changes described in that notice are still binding on you. If you do not agree to the changes, you may terminate this Agreement in accordance with the terms of this Agreement. You will be deemed to accept any changes to this Agreement if you continue your enrollment in or use the Online Service after the date on which the changes became effective.
22. VIRUS PROTECTION
You agree that we are not responsible for any electronic virus that you may encounter using the Online Service. We encourage you to routinely scan your computer and diskettes 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.
23. LIMITED LIABILITY
Except as specifically provided in this Agreement or where Applicable Law requires a different standard, you agree that neither we or any third party service provider engaged by us to perform any of the services related to the Online Service, shall be responsible for any damages or losses, whether related to property or bodily injury, incurred as a result of your using or attempting to use the Online Service, whether caused by equipment, software, Internet Service Providers, browser software or any agent or subcontractor of any of the foregoing. Without limiting the foregoing, we will not be liable for delays or mistakes which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, insurrection, war, riots, acts of terrorism, failure of transportation, communication or power supply, or malfunction or unavoidable difficulties with our equipment. You also agree that we or any third party service provider that we engage with, will not be responsible for any direct, punitive, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the Online Service or Internet Browser or access software, or from the unavailability of the Online Service or for any errors in information provided through the Online Service.
If a court finds that we are liable to you because of what we did (or did not do, as the case may be) under or in connection with this Agreement, you may recover from us only your actual damages, in an amount not to exceed the total fees and charges paid by you to us under and in connection with this Agreement during the 6 month period immediately preceding the event giving rise to our liability. You agree that the dollar limitation described in the preceding sentence is reasonable, to the extent permitted by Applicable Law.
IN NO EVENT WILL YOU BE ABLE TO RECOVER FROM US ANY SPECIAL CONSEQUENTIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, SUBJECT TO APPLICABLE LAW.
UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, THE ONLINE SERVICE IS PROVIDED AS IS, AND WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE SERVICE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGMENT.
24. CHARGES AND FEES
There is no monthly maintenance fee for the Online Service. There may be incidental charges and fees associated with the Online Service, such as those set out below, including, but not limited to, Account fees and charges you initiate by requesting stop payments, check copies, outgoing transfers outside the bank, or similar services.
Description of Fee
Copies (checks, deposit tickets, withdrawal slips or documents other than statement)
$5.00 per copy
Statement (including duplicate / interim)
(including Interim or Duplicate Statement)
Outgoing Transfer Outside the Bank
$3.00 per transaction
We reserve the right to change this schedule of fees from time to time. Consult your credit account agreement or Personal or Business Deposit Account Agreement and related Fees and Features guide for reference to additional fees that may be incurred.
25. ADDRESS OR BANKING CHANGES
We will rely on your address as it appears on our records for any and all communications we send to you unless you notify us of a change of address through your secure online Message Center or by writing us at:
C/O Online Services
One Citizens Drive
Riverside RI, 02915
or by calling Charter One PhoneBank anytime at 1-800-922-9999, and we have had a reasonable opportunity to act on such notice. You also agree to notify us in writing at the above address at least ten (10) Business Days in advance of any change in your banking status or other customer information, such as your e-mail address or phone number.
26. INFORMATION AUTHORIZATION
Your enrollment in the Online Service may not be fulfilled if the Online Service cannot verify your identity or other necessary information. Through your enrollment in the Online Service, you agree that the Online Service may obtain a credit report on you from time to time. Information obtained will be used by the Online Service to verify information you provide to the Online Service and for other business purposes. You agree that the Online Service reserves the right to obtain financial information regarding your Account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification). In addition, you agree that the Online Service reserves the right to verify any of the information you provide.
27. ASSIGNMENT AND DELEGATION
You may not assign this Agreement, in whole or in part, or delegate any of your responsibilities under this Agreement to any third party or entity. Any such attempted assignment or delegation will not be recognized by us unless and until acknowledged by us in writing. We are not, however, under any obligation to give you our written acknowledgment.
We may, in our sole discretion and at any time, assign this Agreement, in whole or in part, or delegate any of our rights and responsibilities under this Agreement to any third party or entity.
28. NO WAIVER
No delay of or waiver by us of any power, right, remedy or obligation under or in connection with this Agreement on any one occasion will constitute a waiver of that power, right, remedy or obligation on any later occasion. In any event, no such delay or waiver by us is effective unless it is in writing and signed by us.
29. GOVERNING LAW
This Agreement shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where we open your Account, or, if we transfer your account to another location, where we currently maintain your Account, without regard to its choice of law provisions.
30. PROVISIONS SEVERABLE
If any provision of this Agreement is held to be void or unenforceable by a court of competent jurisdiction, or any governmental agency, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be treated as part of this Agreement. All other provisions of this Agreement will, however, remain in full force and effect.
31. ENTIRE AGREEMENT
This Agreement may be amended by us from time to time and is the entire agreement between you and us with respect to the Online Service and supersedes any and all prior communications and prior agreements between you and us with respect to the Online Service.
32. MOBILE ALERTS
Charter One e-mail and wireless banking alerts service enables you to receive notices from time to time concerning available balance information and other issues relating to your Charter One account(s). By signing up to receive one or more of the notices that are offered by the banking alerts service, you acknowledge that you are aware of and agree to abide by the following terms and conditions:
- The banking alerts service allows you to request and receive wireless and e-mail messages about your accounts with Charter One. We send banking alerts to you based upon the instructions you provide to us. The mobile phone numbers and e-mail address(es) you provide are neither reviewed nor verified by Charter One prior to or following activation of the banking alerts service. You hereby acknowledge and accept that each banking alert is sent to you without being encrypted and may include your name and information pertaining to your Charter One account(s).
- You may receive banking alerts through a text- or web-enabled mobile device, an e-mail account that is accessed via a personal computer, or both. It is your responsibility to determine if your mobile service provider supports text messaging and your telephone or other mobile device is capable of receiving text messages. Charter One banking alerts are subject to the terms and conditions of your agreement(s) with your cellular phone carrier and/or internet service provider. You are responsible for any fees imposed by your cellular phone service and internet service provider of any kind whatsoever.
- You acknowledge and agree that your receipt of any banking alerts may be delayed or prevented by factor(s) affecting your cellular phone service provider, internet service provider(s) and other factors outside Charter One control. We neither guarantee the delivery nor the accuracy of the contents of each banking alert. You agree to not hold Charter One , its directors, officers, employees and agents liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of a banking alert; (b) inaccurate or incomplete content in a banking alert; or (c) your reliance on or use of the information provided in a banking alert for any purpose.
- Charter One provides this service as a convenience to you for information purposes only. A banking alert does not constitute a bank record for the deposit or credit account to which it pertains. Charter One reserves the right to terminate its banking alerts service or begin charging a fee for such service at any time without prior notice to you. Nothing contained herein shall amend, supersede or nullify anything contained in any other agreement you have made with Charter One.