Online Services Enrollment Agreement

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Hudson Valley Bank, N.A. Online Banking Disclosures & Agreement

ONLINE SERVICES REQUEST & AGREEMENT TO RECEIVE INFORMATION ELECTRONICALLY

Thank you for your interest in Hudson Valley Bank, N.A.’s (“HVB”) Online Banking Services (referred to herein as “Online Banking” and the “Services”). Banking online allows you to view your accounts at your convenience, 24 hours a day, seven days a week. You will be able to make account transfers between your (“HVB”) checking, savings and money market accounts (each individually an “Account” and collectively “Accounts”), and make HVB loan payments, subject to the posting deadlines explained below.  This agreement and disclosure governing your use of the Services (this “Agreement”) will help make Online Banking even more convenient by allowing us to electronicallysend your agreements, disclosures, changes, updates and other useful information. Clicking the "Agree" button at the bottom of the page will allow you to receive the necessary disclosures electronically, and to proceed with your enrollment for Online Banking access. By continuing with your request to participate in the Services, you agree that we may provide you with this Agreement and any revisions and amendments to this Agreement in electronic form.  The terms and conditions of any deposit account agreement, rules and/or regulations governing your HVB account(s), schedules, signature card, and/or credit agreement, including any disclosures made pursuant to such agreement, or authority granted thereby, which now or hereafter govern any account or banking relationship you have with us (collectively referred to in this Agreement as “HVB Agreements”) are incorporated herein by reference. If there is any conflict or inconsistency between the HVB Agreements and those of this Agreement, the terms and conditions of this Agreement shall control to the extent of such conflict or inconsistency.  By using the Services, or authorizing others to use the Services, you acknowledge that you have received and understand the terms of this Agreement and agree to be bound by this Agreement and all of the agreements incorporated herein by reference.

Instructions for using the many features of the HVB Online Services are found by clicking the (?) at the top of the navigation bar, or by clicking on the “demo” button on the home page, or you can call  (914) 961-6100 and ask for Online Banking Support.

Failure To Activate and/or Maintain Your Account:  In order to maintain a secure system, in the event that you (i) fail to login to the system and activate your user identification and password within ninety (90) days from your enrollment date, or (ii) fail to login to the system for a period of ninety (90) consecutive days we will be required to terminate your account and delete your account from our system.

Email Use.  When you enroll in the Services, you will have access to your Account information online, with the capability to automatically send a secure message to HVB by clicking the envelope icon at the top right side of the page.  You will be asked to designate a primary email address, which we will use to send documents and messages electronically as provided in this Agreement.   We will not send confidential account information by email such as account numbers, without partially blocking the number to avoid disclosure of this information to third parties.  While HVB has made every effort to provide a secure system for the Services, we recommend that you do not send any confidential information about your accounts over the Internet.  We will not send email to you requesting confidential information such as account numbers or personal identification numbers.  If you receive such an email that claims to be from or authorized by HVB, do not respond to the email and notify us immediately by calling (914) 961-6100 and ask for Online Banking Support.

Electronic Funds Transfer (EFT) Act.  Some of the transactions permitted under this Agreement are governed by the Electronic Fund Transfer Act and some terms and conditions included in this Agreement are required by the EFT Act, which applies to consumers only. Commercial account holders are not entitled to the rights provided under the EFT Act.

Privacy and Confidentiality; Password Security.  HVB is committed to protecting your security and confidentiality. To ensure the privacy of your Account information while you are online, you are only able to access your Account(s) with high security browsers.

The minimum system requirement that will enable you to use the Online Banking Services and to receive this Agreement and any future information related to the Services, is a secure domestic browser with 128-bit encryption (the ability to read a secure, encrypted site) such as Netscape Navigator (version 4.0 or higher), or Microsoft Internet Explorer (version 4.0 or higher). You can use any computer with a modem that accesses the Internet, but it must be a Windows or Macintosh operating system. You will need the Adobe Acrobat Reader program in order to read certain future information. If you do not have Acrobat Reader, you may click here to download a free copy. Get Acrobat

Once you have enrolled in HVB Online Banking you will be asked to select a user identification (your “User ID”) and secure password (your “Password”).  You should avoid using passwords that are easily determined by third parties.

Each time you access your Account information online, you will be required to enter your User ID and Password. If no action is taken within fifteen (15) minutes or such other time period as HVB may institute from time to time, you will be automatically logged off and be required to re-enter your Password.  You agree to refrain from leaving your computer unattended while logged on to Online Banking, and you agree to click the “exit” button at the top right of the screen when you are finished with your Online Banking session.

You are responsible for maintaining the confidentiality of your User ID and Password and you shall promptly report to HVB any breach of confidentiality by calling (914) 961-6100 and asking for Online Banking Support or visiting us at the address listed below or at your branch of account.  If your User ID and/or Password is lost or stolen, or you have reason to believe it is known by another individual, you must notify HVB immediately. Failure to notify HVB could result in a loss of funds.

Immediate notification will help to minimize any losses you suffer through unauthorized use.  Your entire Account balance is at risk (plus any overdraft limit) if your User ID and/or Password is compromised. If you have reason to believe your User ID and/or Password has been compromised, and you tell us within two (2) business days after you discover the loss, your loss will be limited to $50. If you fail to notify us within two (2) business days, and HVB could have taken action to prevent your loss, you could be liable for as much as $500. If you fail to notify us within sixty (60) days, you could be liable for the entire amount of your loss.

It is strongly recommended you change your Password regularly to protect the security and privacy of your financial information, and update your Account information regularly.

HVB will protect your information from being disclosed to third parties except for the following situations:

  • When it is necessary to complete a transfer as requested by you;
  • In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
  • In order to comply with government agency or court orders;
  • If you give us written permission

Electronic Communications.  From time to time we may need to convey information to you about our services or certain information that we are required by law or regulation to provide to you in writing. By selecting the "Agree" button below, you agree that we may provide such information to you electronically by email. This might include, for example, revisions and amendments to this Agreement or other information in connection with these services, including (but not limited to) information under Regulation E and other applicable banking or financial services laws or regulations.

Updating Your Information.  Please be sure to regularly update your contact information so that we may send electronic (email) messages to you as needed, in conjunction with this Agreement. To do so, choose the “My Profile” menu option from the toolbar and then “Change Profile Information”. If you wish at any time to withdraw consent to receive information electronically or to terminate the Services, use the envelope icon on the toolbar to send a Secure Message once you are logged into your account, or send a letter to us at: :

Hudson Valley Bank, N.A
Attn: Online Banking
21 Scarsdale Road Yonkers , New York 10707
Telephone: (914) 961-6100

You will have the option, below, to print a copy of this Agreement. Please print this Agreement, and any other communications we send to you electronically, and retain a copy for your records.  If you prefer, you may also obtain a copy of this Agreement, any amendments to it, and other communications about Online Banking Services in paper form at no charge by writing or calling us at the address and telephone number listed above.

Daily Transaction Deadlines, Restrictions and Availability of Funds.  HVB business days are Monday through Friday, except holidays. For Online Banking transactions, HVB’s business day will end at 6:00 p.m. Monday through Friday (the “Daily Cutoff”). Online transactions in your Account entered after 6:00 p.m. on a business day will be posted on the next business day.

Funds must be available in the account from which you wish to transfer funds on the date you enter the transaction. Accounts that require two or more signatures or authorizations to withdraw or transfer funds may not be used.  If your 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 such an overdraft, unless you have overdraft protection in place on the affected Account(s).

Restrictions on Transfers from Savings and Money Market Accounts Under Federal Reserve Board Regulation D, you may make an unlimited number of credits to or transfers into a savings or money market account. However, no more than six (6) transfers or withdrawals from any such account maybe effected during any calendar month.  This limitation does not include ATM withdrawals, automatic transfers, or withdrawals made by you at an HVB branch. If you exceed this transaction limitation two (2) times during any twelve month period, HVB will close the account and the funds will be moved into a checking account.

Modifying or Reversing a Transfer or HVB Loan Payment. Unless you have specified a future date on which a transfer or HVB loan payment should be made, you may not delete or modify a transfer or HVB loan payment once it is submitted. However, you may reverse a transfer by transferring the funds back to the Account from which it was transferred. Future dated or repeating transfers or HVB loan payments may be modified or deleted using the edit or delete icons on the Pending Transactions page.  You may modify or delete such a transfer before the Daily Cutoff one (1) or more business days before the transfer date you have designated.  

UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS.

Bill Payment Using the CheckFree Web Service . HVB offers bill paying service, through which you can pay your bills electronically using the CheckFree Web bill payment service (“CheckFree”). Each time you click on the Bill Pay feature, you will leave the HVB Online Banking site and enter the CheckFree site. All CheckFree terms and conditions apply to your use of the CheckFree service. To see the CheckFree terms and conditions, click here: CheckFree Terms and Conditions. Bill payments must be made in accordance with the terms of this and any other applicable Account agreements. HVB shall not be liable to you in any respect for claims arising as a result of your use of CheckFree. By using CheckFree you agree to be bound by this limitation and all terms, conditions and limitations contained in the CheckFree terms and conditions, and to indemnify and hold HVB harmless for any damages suffered as a result of your use of CheckFree.

Indemnification for Unauthorized Use.  Except as expressly prohibited under applicable state or federal law, you shall be responsible for any liability, loss or damage resulting from any breach of security or unauthorized disclosure or use of your Password.   HVB shall be under no obligation to monitor your Account transactions for unauthorized use.  Your User ID and Password identify you as an authorized signatory of your Account(s).  You agree that HVB will rely on your User ID and Password to identify you, and as signature authorization for any payment and/or transfer made from and to your Account(s) using the Services.  You agree that we may process any transaction effected by any person using your User ID and Password, subject to the terms of use in this Agreement.  If you have reason to believe your User ID or Password is known by an unauthorized person or that someone has transferred money without your permission, immediately call (914) 961-6100 and ask for Online Banking Support or visit us at your branch of account or at the address listed above.

Accounts Accessible By More Than One Person Joint Account holders may each use the same account for their individual transactions. Each such owner or authorized representative may individually enroll in Online Banking. As such, each account holder has the same right of access to account activity such as notifying HVB of suspected loss or fraud or canceling the Services. Each enrolled person must have a unique User ID and Password.

Error Resolution In case of errors or questions about your Online Banking transactions, call or write us at the telephone or address listed above immediately.

No Liability for Failure to Provide Services.  The Services are provided by HVB as a convenience to you.  Under no circumstances will we have any liability to you for failing to provide you access to your Account(s) through Online Banking, to the Services or to CheckFree. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the Online Banking services expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Services.

IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR HVB KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.

We will not be obligated to honor, in whole or in part, any transaction or instruction which:

  • is not in accordance with any term or condition applicable to the Services or Eligible Account;
  • we have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal;
  • would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines;
  • would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority;
  • is not in accordance with any other requirement of our applicable policies, procedures or practices; or
  • we have reasonable cause not to honor for our or your protection.

Third Parties. Except as specifically provided in the Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act of failure to act of your equipment or software, or that of an Internet browser provider, by an Internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Online Banking Services.

Fees and Charges. Basic Online Banking Services are provided free of charge. Services that involve a fee such as a stop payment will be charged the standard fee as outlined in the applicable agreement.

Severability. If any provision of this Agreement is found to be invalid or unenforceable under applicable law, that provision shall be ineffective to the extent of such invalidity only, without affecting the remaining provisions of this Agreement.

Amendment. This Agreement may be amended at any time by HVB. The revised information will be made available at any HVB office, on the HVB website and/or may be mailed or sent via electronic mail to you.

Termination. Either party may terminate this Agreement by giving notice to the other party. We will mail notice of termination to you at the address you have indicated in “My Profile”. If you terminate this Agreement you will no longer be eligible to use HVB Online Banking.

Any transactions you have made prior to notice of termination will be processed by HVB until HVB has had a reasonable opportunity to act upon the notice of termination. If HVB terminates your access to Online Banking, HVB reserves the right to immediately stop making transfers or payments from your Account(s), including those you previously authorized.

Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York .

To download a printable version of the Hudson Valley Bank Online Banking Disclosures & Agreement, click here.

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