Online Banking Agreement
(Please read this Agreement and retain it for your records)
This Flushing Bank Online Banking Agreement ("Agreement") between Flushing Bank and you governs your use of Flushing Bank’s Online Banking Services for accessing your Accounts, banking and other financial services as described herein and contains the terms conditions for use of such Services. By consenting to the disclosure application, you agree, as our customer, to be bound by the terms hereof and such other terms and conditions as shall be imposed from time to time by Flushing Bank on notice to you, as provided herein. In addition, by using the Services, you agree to abide by the terms and conditions of this Agreement. Any reference to a time in this Agreement (e.g. 10:00 p.m.) shall be to Eastern Standard Time.
Meaning of Certain Words.
In this Agreement, the following terms have the meanings described herein:
Account: A bank account or Deposit Account, you have or may have at Flushing Bank that you have designated for access under the Services and which is an Eligible Account. Each of your Accounts at Flushing Bank is also governed by the applicable Account Disclosure Statement.
Account Disclosure Statement: Flushing Bank standard terms and conditions that apply to the applicable Account.
Agreement: This Agreement, all supplements hereto and all other agreements referred to herein or incorporated by reference herein.
Available Balance: Balance in an Account after crediting only those deposits that have been collected and made available to you by Flushing Bank.
Bank, We, Us: Flushing Bank.
Business Day: Any day other than a Saturday, Sunday or a Federal Holiday.
Credit Account: One of the Accounts described as a "Credit Account" listed under Eligible Accounts.
Credit Line: Any checking overdraft line of credit you have or may have at Flushing Bank that you have designated as a credit line to be accessed under the Flushing Bank Online Banking Services.
Customer User Name: The name or number assigned to you by Flushing Bank that will allow you to access your Accounts using Flushing Bank Online Banking. This Customer User Name can be changed after initial login to Online Banking.
Deposit Account: An account that you have designated for access to Flushing Bank Online Banking Services which is an Eligible Account.
Electronic Bill Payment: Or EBP means the use of a computer, Web Browser, and internet banking password to pay a bill or make any other payment to a Payee from your designated bill payment account.
Electronic Bill Payment Account: The Account maintained by you at Flushing Bank, described under Eligible Accounts, through which you agree bill payment transactions shall be conducted and the Account from which funds will be withdrawn to make the Electronic Bill Payments. Only a Flushing Bank checking or NOW account may be utilized as an electronic bill payment account.
Electronic Bill Payment Information: The identification of payees, payments and other relevant applicable electronic bill payment information provided by you from time to time by electronic bill payment notification or otherwise.
Electronic Bill Payment Notification: Notification either electronic or an alternative notification, by which you will instruct Flushing Bank of your desire to conduct electronic bill payment transactions and will identify relevant electronic bill payment information for each applicable payee.
Electronic Bill Payment Services: The Services made available by Flushing Bank under this Agreement for Electronic Bill Payment.
Eligible Account: Any statement savings, certificate of deposit account or loan account to which we allow access to the Flushing Bank Online Banking Services.
Flushing Bank Business Address: The address listed under Flushing Bank Contact Information or such other address that Flushing Bank shall designate from time to time.
Flushing Bank Online Banking: Utilization of the Services under this Agreement to conduct online banking transaction(s) through the Flushing Bank’s website by means of the use of a computer, Web Browser, User Name and Password.
Flushing Bank Online Banking Services: The Services described herein that are provided to approved Flushing Bank customers under this Agreement to enable such customers to conduct the online banking transactions described herein through the Flushing Bank Website.
Flushing Bank Telephone Number: The telephone number that Flushing Bank shall designate from time to time.
Flushing Bank Online Banking Customer Support: The customer service representatives at Flushing Bank designated to provide Online Banking customer support.
Flushing Bank Website: The website www.flushingbank.com established by Flushing Bank, on the Internet having the URL address indicated under Flushing Bank Contact Information or such other URL address that Flushing Bank shall designate from time to time.
Funds Availability Schedule: The schedule that sets forth the availability of funds deposited to your Account(s). It provides information to allow you to determine when funds you deposit or receive for credit to your Account(s) are available for transfer or withdrawal.
Password: The password that has been selected by you to use in accessing your Accounts through Flushing Bank Online Banking (and any change to that password that you have made). You must have the password to conduct Flushing Bank Online Banking transactions.
Payee: The person or merchant (for example, another bank where you have your mortgage or the power company) to whom an Electronic Bill Payment is made payable.
Paying Agent: The third party vendor used by Flushing Bank to process Electronic Bill Payments.
Scheduled Payment Date: The date that you select to make an Electronic Bill Payment, which date is the date the funds are deducted from your Electronic Bill Payment Account, or the next Business Day, and should be at least seven (7) to ten (10) Business Days before the payment needs to be received by the Payee.
Services: The Flushing Bank Online Banking Services and other services available hereunder.
Statement Account: A Flushing Bank account for which transaction activity is reported to the account holder on a periodic statement.
Statement Balance: The balance in an Account after crediting all deposits (including deposits that have not yet been collected by Flushing Bank) and deducting all withdrawals.
URL: Uniform Resource Locator. The URL is address used to define the location of a resource on the Internet.
User Name: The user name or number assigned to you by Flushing Bank that will allow you to access your Accounts using Flushing Bank Online Banking. This User Name can be changed after initial login to Flushing Bank Online Banking.
Web Browser: The versions of the commercially available application programs that have been approved by Flushing Bank for use with Flushing Bank Online Banking to look at and interact with all the information on the Internet and the World Wide Web, including the information contained on the Flushing Bank Website. Web Browsers use the Hypertext Transfer Protocol to make request of Web Servers throughout the Internet on behalf of the browser user.
You and Your: Each person who is authorized to have access to your Account(s) through Flushing Bank Online Banking in accordance with the terms of this Agreement.
Types of Available Transfers and Services. You may use Flushing Bank Online Banking Services to do the following:
- Balance Inquiries - Inquire as to the balance, including the Available Balance, in your Account and obtain Account activity information for your Accounts. You can obtain balance and certain transaction history on all Accounts that are enrolled in Flushing Bank Online Banking.
- Transfer Funds - Transfer funds between your qualifying Flushing Bank Accounts on either a one-time or a recurring basis (subject to the legal restrictions described herein). Where a transfer is made from a Deposit Account, the Deposit Account must be a Statement Account.
- Electronic Bill Payment - Use funds in your Electronic Bill Payment Account to pay a bill or to make any other payment to a merchant, institution or individual with a U.S. address.
- E-Statements - You must be an Online Banking User in order to receive eStatements. You will receive a monthly statement for your account showing all account activity. The statement will be mailed to the designated address unless you select our convenient eStatement electronic statement option. Once you accept the electronic eStatement option, you will be able to view your statement online. You will receive an email notification when your statement is available for viewing through our Online Banking system. Access to these statements will be password protected via your Online Banking signon for your security and protection.
- New Services - Flushing Bank may, from time to time, introduce new Online Banking Services and notify you of the existence of these new Services as they become available. Such Services generally will be made available to you, at your election, upon your specific acknowledgment that the terms contained herein shall apply to those Services and further subject to your agreement to be bound by any new conditions required by Flushing Bank with respect to those Services.
Certain Account Transfer Restrictions. Transfers of funds from Accounts are subject to the restrictions contained in the applicable Account Disclosure Statement. If a hold has been placed on deposits made to an Account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
Electronic Bill Payment Services. The Services allow you to schedule Electronic Bill Payments through Flushing Bank Online Banking.
TERMS AND CONDITIONS OF ELECTRONIC BILL PAYMENT SERVICES
Service: The Electronic Bill Payment Service offered by Flushing Bank.
Agreement: The Terms and Conditions of the bill payment service.
Eligible Account: Any account to which we allow access to the Flushing Bank Online Banking Services. For the purposes of using Flushing Bank Bill Payment Services the account must be a checking account. Accounts that have withdrawal restrictions or penalties will not be considered eligible.
Payee: The person or merchant (for example, another bank where you have your mortgage or the power company) to whom an Electronic Bill Payment is made payable.
Payment Instruction: The information provided by you for an electronic bill payment to be made to the Payee including but not limited to Payee name, Payee account number, and Scheduled Payment Date.
Payment Account: The Eligible Account from which bill payments and any fees will be automatically debited
Business Day: Any day other than a Saturday, Sunday or a Federal Holiday.
Scheduled Payment Date: The date that you select to make a Payment, and that the funds are deducted from your Payment Account, or the next Business Day, and should be at least seven (7) to ten (10) Business Days before the payment needs to be received by the Payee.
Due Date: The date reflected on your Payee statement for which the payment is due. It is not the late date or grace period.
Scheduled Payment: A payment that has been scheduled through the Service but has not begun processing.
BILL PAYMENT SERVICE
The Service allows you to schedule bill payments through Flushing Bank. You can arrange, at your option, for the payment of your current, future and recurring bills from a designated Payment Account, up to a maximum of $24,999.99 per Payee per business day. These amounts are subject to change at the discretion of Flushing Bank. There is no limit to the number of Electronic Bill Payments that may be authorized. You may pay any merchant or individual approved by Flushing Bank for payment through Electronic Bill Payment Services. We are unable to process any payments to federal, state, or local tax agencies.
While it is anticipated that most Payments will be processed electronically and completed on your selected Scheduled Payment Date or the next Business Day and arrive at the Payee approximately two (2) Business Days after that date. It is understood by you that due to Scheduled Payment Dates occurring on non-Business Days and/or circumstances beyond the control of Flushing Bank, particularly delays by the Payee and the Payee's banks or agents in the handling and posting of these bill payments, some may take longer to be posted to your account at the Payee. For this reason, Flushing Bank recommends that you select a Scheduled Payment Date that is at least seven (7) to ten (10) Business Days before the actual due date of the payment and not seven (7) to ten (10) Business Days or less before the last day of a grace period or the last day a payment can be made without the Payee assessing a late charge. You agree that Flushing Bank will not be responsible for any payment that is received or posted by the Payee after the grace period or results in a late charge or penalty being assessed by the Payee if you did not follow this recommendation. In such event, you agree that you shall have the sole risk of incurring and the sole responsibility for paying any and all late charges or penalties assessed by the Payee.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives.
When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the Post Office or Payee, or payments remitted to you on behalf of another authorized user of the Service.
The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
- If your Payment Account does not contain sufficient funds to complete the transaction;
- The funds in your account are unavailable.
- The funds in your account are subject to legal process or court order.
- If you haven't properly followed our instructions.
- You don't authorize a Payment within the time frame required for it to reach the Payee by its due date.
- Your password has been reported lost or stolen.
- Your service privileges have been suspended.
- We have reason to believe that the transaction requested in unauthorized.
- The transaction would exceed security limitations on the use of the Service.
- The payment processing center is not working properly and you know or have been advised by Flushing Bank about the malfunction before you execute the transaction;
- You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or,
- Circumstances beyond control of Flushing Bank such as, but not limited to, fire, flood, or interference from an outside force which prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges. If Flushing Bank does not properly complete a Payment on time or in the correct amount according to this Agreement, we will pay any late fees or finance charges you may incur as long as your account was in good standing with the merchant prior to this incident. We will also be liable to you if we fail to stop a payment pursuant to your timely order to do so. We shall not be responsible for any charges imposed or any other action taken by a Payee resulting from a Payment that you have not scheduled properly, including any applicable finance charges and late fees. In addition, we will not be liable if any third party through whom any bill payment is made fails to properly transmit the payment to the intended Payee or if any of the exceptions set forth above apply.
When you initiate a Payment you authorize Flushing Bank to charge your Payment Account on the Business Day selected by you and to remit funds to the Payee on your behalf electronically, provided electronic payment is permitted and accepted by the Payee. If the Payee does not permit and accept electronic payment, then those funds will be remitted to the Payee through the use of a paper check issued by the paying agent and payable to the Payee. Such paper check will state that it represents a payment from you and indicate the account number of your account with the Payee. The Service reserves the right to select the method in which to remit funds on your behalf to your Payee.
You have the right to cancel or edit any pending Scheduled Payment (including recurring payments).You may inquire about a Payment by calling Flushing Bank Customer Service at 800.581.2889.
Changing a Payment
From the Payment Activity page, you can change the dates, amounts, and the account to use for payments that you scheduled earlier in this online session or in a previous session.
Click on the "Edit" link next to the payment that you want to modify. An image with the details of the payment you selected will be displayed. If you selected a Recurring payment, you will be prompted to select whether you want to change all of the scheduled recurring payments or only the next payment in the series. Enter the changes you wish to make in the appropriate fields. Then click on the "Submit" button and note the reference number that appears on the screen; this will serve as your electronic receipt. Any changes you made will now appear on the Payment Activity page.
A few exceptions apply:
- If you submitted a payment and the Send On date was today, you may only change that payment during the session that you submitted it.
- Expedited payments cannot be modified or deleted once they are submitted.
- If you want to change the Payee for a scheduled payment, you must first delete the payment and then schedule a new payment to a different payee.
Note: If you selected a Recurring Payment and changed This Payment Only, the changed payment appears separately in the list of scheduled payments.
Deleting a Payment
From the Payment Activity page, you can delete payments that you scheduled earlier in this online session or in a previous session.
To delete a payment, click on the "Edit" link next to the payment that you want to delete. An image with the details of the payment you selected will be displayed. Click on the "Delete Payment" button. If you selected a Recurring payment, you will be prompted to select whether you want to delete all of the scheduled recurring payments or only the next payment in the series.
A couple of exceptions apply:
- If you submitted a payment and the Send On date was today, you may only delete that payment during the session that you submitted it.
- Expedited payments cannot be deleted once they are submitted.
From the Payment Activity page, you can submit questions about any of your payments to our Customer Service team. To inquire about a payment, find the payment in the Processed Payments section. Click the "Inquire" link next to that payment's information.
If the payment was processed more than 30 days ago, click on the "Viewing Last 30 Days" link on the right side of the Processed Payments bar. A window will appear where you can select to view up to 365 days.
Enter the reason for the payment inquiry and all required information, and then click "Submit".
An unclaimed payment is a check payment that is correctly sent to a payee, but is never cashed by the payee. It is our policy to return that money to you in full.
Payments can be unclaimed for several reasons. Most often, an unclaimed payment arises when you send a payment to a friend or acquaintance using Bill Pay and the recipient simply forgets to cash the check. Unclaimed payments can also occur when you submit an online bill payment to a merchant and the merchant posts the payment to your account, but mistakenly does not cash the check.
For your convenience, check payments in the amount of $1,000 or greater are researched with the payee if still outstanding after 30 days and check payments in the amount of $500 to $999.99 are researched if still outstanding after 60 days.
There is no automatic research performed on payments of less than $500 and these payments will be refunded to you if they are still outstanding after 90 days. Researched payments may be reissued to the payee, refunded to your account or allowed to remain outstanding pending further action from the payee. If a check payment in the amount of $500 or greater has been researched and is still outstanding after 90 days, it will be automatically refunded. We will also send you a notification via email providing all the payment details so that you can contact the payee if necessary.
If you receive a notification that one of your payments was unclaimed, check to see if your account is current with the merchant. If the merchant does not indicate that you have a past due balance, then you do not need to do anything. If the merchant does indicate that you have a past due balance, you should resubmit the payment as soon as possible. If the payment was sent to a friend or acquaintance, you can reschedule the payment and remind the recipient to be on the lookout for the check.
If a properly scheduled payment is not received and posted on time by the payee, we will attempt to have any late fees or assessed finance charges removed. (Finance charges are calculated based on your payment amount rather than your entire balance.) If the payee is unwilling or unable to remove them, we will pay the fees and finance charges directly to the payee. In addition, we will attempt to have your account noted appropriately to ensure that the situation does not negatively impact your credit rating. (NOTE: Please refer to your Electronic Funds Transfer Disclosure for important information on the limitations of reimbursable fees and finance charges.)
The Payment Guarantee applies to late fees and/or finance charges associated with the late posting of a payment, provided that the following conditions are met:
- The payment was scheduled to be delivered on or before the due date of your bill, excluding any grace periods. (The one exception to this guideline is that mortgage payments may be scheduled so that the payment is sent on or before the due date, excluding grace periods. For example, a mortgage payment due on July 1st, with a 15-day grace period, must have a "Send On" date no later than July 1st)
- The payment amount did not exceed $25,000.00.
- The payment was not made to an excluded payee:
- Payments to payees located in the Armed Forces Postal Codes such as AE & AP
- Payments that failed due to insufficient funds or other reasons
- Payments to settle securities transactions
- Payments to payoff special or delayed financing for purchases
- Payments to credit counseling agencies who pay creditors on your behalf
- The payment was not made to a prohibited payee. Payments to the following payees are not permitted through this service:
- Payments to payees outside of the United States
- Court-ordered payments such as alimony, child support, speeding tickets, etc.
- Tax entities
- Collection agencies
- The information supplied by you is correct (payee name and address, your name and account number as it appears on the payee's records).
Expedited Payment Guarantee
If a Properly Scheduled Expedited Payment (defined below) is not received and posted by the payee as of the scheduled payment date, you will not be responsible for any Penalties (defined below) that arise due to the failure of such payment to post on the scheduled date and we will refund you the service fee associated with such payment We will first attempt to have any such Penalties removed, and if the payee is unwilling or unable to remove them, we will pay the fees and finance charges directly to the payee. In addition, we will attempt to have your payee account noted appropriately to ensure that the situation does not negatively impact your credit rating.
"Penalties" are defined as late fees or finance charges that are assessed on the Properly Scheduled Expedited Payment amount that did not post on the scheduled payment date, not those based on your total outstanding balance.
A "Properly Scheduled Expedited Payment" is defined as a payment that:
- Was made from an account that has sufficient funds for the payment and any fees associated with the payment;
- Was scheduled to be delivered on or before the due date of your bill, excluding any grace periods. (The one exception to this guideline is that mortgage payments may be scheduled so that the payment is sent on or before the due date including grace periods. For example, a mortgage payment due on July 1st, with a 15-day grace period, must have a "Deliver By" date no later than July 15th.);
- The service indicates is deliverable on or prior to the applicable due date;
- Was not made for any of the following types of transactions:
- Payments to settle securities transactions
- Payments that failed due to insufficient funds or other reasons
- Payments to payoff special or delayed financing for purchases
- Payments to credit counseling agencies who pay creditors on your behalf
- Payments to payees outside of the United States
- Court-ordered payments such as alimony, child support, speeding tickets, etc.
- Tax entities
- Collection agencies
- The information supplied by you is correct (payee name and address, your name and account number as it appears on the payee's records);
- Was scheduled when the system was available; and
- The payment complies with the payee's policies.
If you like to manage your money through this service as well as another financial management software tool, you can easily export information from our service and load it into Quicken® or Microsoft Money® . The transactions you initiate through our service can be exported into a .qif or a CSV file. Older versions of Quicken software (Quicken 2004 and earlier) and Microsoft Money can import a .qif formatted file. CSV (Command Separated Value) files can be opened by Microsoft Excel® and other financial and spreadsheet applications.
From the Payment Center, click on the "Export Data" link. Select the file format and date range of transactions desired. You can then save the file and import it into the software of your choice.
STOP PAYMENT REQUESTS
The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact the Paying Agent. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing. There may be a fee for stop payment requests.
You agree not to use the Service to make any tax payment or any court-directed or court-ordered payments or to make a payment to a Payee that has a mailing address outside the U.S. or its territories. You agree not to make any payments to settle securities transactions. You agree that if you attempt to make such payments, Flushing Bank and its Agent will not be responsible for that payment.
The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. We will notify you promptly if we decide to refuse to pay a Payee designated by you, notification will not be required if you attempt to make a payment prohibited under this section.
You agree that you will not use the Service to overdraw any Account. If an overdraft in your Account does occur, you will pay the full amount of the overdraft to Flushing Bank immediately along with the applicable fee for overdrafts.
If you close the Payment Account, you must notify us and identify a new Payment Account for the Service. Additionally, if you close all Accounts, you must notify Flushing Bank Customer Support to cancel your Service.
CANCELLATION, TERMINATION OR SUSPENSION
The Service may be canceled or suspended at any time by Flushing Bank without prior notice to you for any reason, including due to insufficient funds in one of your Accounts. After cancellation, Online Services may be reinstated at the discretion of the Bank once sufficient funds are available in your Accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of your Services, you must call Flushing Bank Customer Support at 800.581.2889. Additionally, if you do not schedule or process a Payment for any one hundred and eighty (180) day period, we reserve the right to disconnect your Service. Please note that it is possible your Payee Information may be lost if you are disconnected.
If you wish to cancel any of the Services you are utilizing you must contact Flushing Bank Customer Support at 800.581.2889 or send us cancellation instructions in writing to the Flushing Bank at 42-11 Bell Boulevard, Bayside, NY 11361.
Any payment the Service has already processed before the requested cancellation date will be completed by the Service We strongly suggest that you cancel all future Payments at the same time that you cancel your Service by deleting those payments yourself using the Service. This will ensure that future Payments made by you will not be duplicated. We will automatically delete all outstanding Payments (all individual payments and all recurring payments) once we have been notified that your Service has been terminated. We will continue to maintain your Account(s) until you notify us otherwise.
JOINT ACCOUNT HOLDERS
The Service may be utilized by a single person. Additionally, joint access to Accounts requires that all persons having access to such Accounts ("Joint Accountholders") jointly e-sign and accept the terms and conditions. Joint Accountholders may have joint or separate Payee lists, and are subject to the joint tenancy rules contained in the Account Disclosure Statement for the particular Account.
ALTERATIONS AND AMENDMENTS
This Agreement may be altered or amended by Flushing Bank, from time to time. These changes will be binding on you as of their effective date. In such event, we will notify you of the changes as required by law. However, if the change is made for security purposes or it is necessary to conform to federal or state law, we can make the change without prior notice. We have the right to waive any of our rights under this Agreement with respect to any transaction without obligating ourselves to treat future transactions in the same way.
LIMITATION OF OUR LIABILITY UNLESS OTHERWISE REQUIRED BY LAW:
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Flushing Bank AND ANY OF OUR THIRD PARTY PROVIDERS WHO PERFORM BILL PAYMENT AND PRESENMENT SERVICES FOR YOU ON OUR BEHALF FROM ANY AND ALL CLAIMS AND LIABILITY ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE AND ANY PAYMENTS INITIATED BY YOU THAT AREN'T COMPLETED DUE TO LACK OF FUNDS IN YOUR ACCCOUNT(S).
UNDER NO CIRCUMSTANCES WILL WE OR OUR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL,SPECIAL PUNITIVE OR EXEMPLARY DAMAGES ARISING OUR OF YOUR USE OF THE SERVICE,REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING NEGLIGENCE EVEN IF WE OR OUR THIRD PARTY PROVIDERS KNOW THAT SUCH DAMAGES MAY OCCUR
By furnishing us with the names of your Payees and their addresses, you authorize us to follow the payment instructions to these Payees that you provide us via Electronic Bill Payment Notification. You may have an unlimited number of approved Payees on this Service.
- When we receive an Electronic Bill Payment Notification containing Electronic Bill Payment Information (for the current or a future date), we will remit funds to the designated Payee on your behalf, from the funds in your selected EBP Account, on the Scheduled Payment Date. However, we shall not be obligated to make any such payment unless your Electronic Bill Payment Account, and overdraft protection plan for such Account, if applicable, has sufficient funds or credit availability to pay the bill on the Scheduled Payment Date. Funds for all Electronic Bill Payments (whether these payments are made electronically or by check) will be withdrawn from your Account on the Scheduled Payment Date or any date thereafter selected by Flushing Bank.
- Your Electronic Bill Payments must not exceed the Available Balance in the Account from which you are directing a payment to be made, less any checks or any other payments issued or made from such Account, which checks and payments have not yet been deducted from the applicable Account balance. You understand that the Available Balance in any Account may be less than the Account's Statement Balance if you have made recent non-cash deposits to the Account (for example, the funds from check deposits will take longer to be available for withdrawal than the funds from cash deposits).
- By applying for EBP, you authorize Flushing Bank and its agents to follow the EBP Information you have provided to Flushing Bank in all applicable EBP Notifications. Using an approved form of EBP Notification, you agree to provide Flushing Bank with the names, addresses, phone numbers and account information of those persons or entities to which you wish to make an EBP.
- When you initiate an EBP, you authorize Flushing Bank to charge your EBP Account on the Business Day selected by you and to remit funds to the Payee on your behalf electronically, provided electronic payment is permitted and accepted by the Payee. If the Payee does not permit and accept electronic payment, then those funds will be remitted to the Payee through the use of a paper check issued by Flushing Bank or its agent and payable to the Payee. Such paper check will state that it represents a payment from you and indicate the account number of your account with the Payee.
- You agree that you will not use the Services to overdraw any Account. If an overdraft in your Account does occur, you will pay the full amount of the overdraft to Flushing Bank immediately upon request along with the applicable fee for overdrafts.
Although there are no fees for accessing your Account(s) via Flushing Bank Online Banking, your EBP Account has been designated the Account from which funds will be debited for EBP transactions and any other fees incurred by you.
- If you close the EBP Account, you must notify us and identify a new EBP Account for the selected Services. Additionally, if you close all Accounts, you must notify Flushing Bank Online Banking Customer Support to cancel your EBP Services.
Your Online Services may be canceled at any time by Flushing Bank without prior notice to you for any reason, including due to insufficient funds in one of your Accounts. Any fees assessed by Flushing Bank by its paying agent will be charged directly to your Account. This fee is in addition to any customary charges relating to insufficient funds that may be imposed by Flushing Bank. After cancellation, Online Services may be reinstated at the discretion of the Bank once sufficient funds are available in your Accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of your Services, you must call Flushing Bank Online Banking Customer Support at the Flushing Bank Telephone Number. Additionally, if you do not schedule or process an EBP transaction in your Flushing Bank EBP Account via Flushing Bank Online Banking for any three (3) month period, Flushing Bank reserves the right to disconnect your EBP Service. Please note that it is possible your EBP Information will be lost if you are disconnected.
- You agree to be responsible for any telephone charges that you incur by accessing your Account(s) through Flushing Bank Online Banking.
- If you wish to cancel any of the Services you are utilizing through Flushing Bank Online Banking, you must contact Flushing Bank Online Banking Customer Support at the Flushing Bank Telephone Number or send us cancellation instructions in writing to the Flushing Bank Business Address.
- If, for any reason, you should ever wish to cancel Flushing Bank Online Banking, we strongly suggest that you cancel all future EBPs at the same time that you cancel your Service by deleting those payments yourself using Flushing Bank Online Banking. This will ensure that future EBPs and transfers made by you will not be duplicated. We will automatically delete all outstanding EBPs (all individual payments and all recurring payments) once we have been notified that your Service has been terminated. We will continue to maintain your Account(s) until you notify us otherwise.
- Flushing Bank's EBP Services may be utilized by a single person. Additionally, joint access to Accounts requires that all persons having access to such Accounts ("Joint Accountholders") jointly sign on the checking or other Accounts linked to the Services. Joint Accountholders must share the same Payee list, and are subject to the joint tenancy rules contained in the Account Disclosure Statement for the particular Account. Accounts that require two or more signatures are not eligible to be linked to Flushing Bank's EBP Services.
Requirements. To access your Account(s) through Flushing Bank Online Banking, you must have an Eligible Account and an online Password. In addition, you must have the required software.
Hours of Accessibility. You can access your Account(s) through Flushing Bank Online Banking seven days a week, 24 hours a day. However, at certain times, some or all of Flushing Bank Online Banking may not be available due to system maintenance. During these times, you may use the Bank's telephone banking facility or an ATM or a Branch to conduct your transactions. If a request to transfer funds through Flushing Bank Online Banking is completed before 8:30 p.m. Monday - Friday or 5:30 p.m. Saturday or Sunday, the transfer will be posted to your Account that same day. If a request to transfer funds is completed after 8:30 p.m. on a Business Day (Monday - Friday) or 5:30 p.m. Saturday or Sunday, or on a non-Business Day, the transfer will post to your Account the next Business Day or the following Business Day.
Your Password acts as your signature. You can change your Password at any time. For your protection, you should memorize your Password and not keep any notation of your Password on or with your computer. Your Electronic Bill Payment Account is for your personal use only.
The Password assures that only you can access your Account.
YOU AGREE NOT TO ALLOW ANOTHER PERSON TO USE YOUR PASSWORD AND NOT TO GIVE YOUR ACCOUNT NUMBER(S) OR PASSWORD TO ANYONE. If you do, you will be responsible for any money withdrawn or transferred from your Account(s) when such person uses your Password.
You agree that if your Password is lost, misplaced or stolen, or if you believe that someone has transferred or may transfer money from your Account(s) without your permission, you must notify Flushing Bank at once by calling Flushing Bank at the Flushing Bank Telephone Number immediately and within ten (10) days sending written notification to Flushing Bank at the Flushing Bank Business Address.
For your protection, we are asking that you change your online Password regularly.
Your role is extremely important in the prevention of any wrongful use of your Account(s). You must promptly examine your statement upon receipt. If you find that your records and ours disagree, you must immediately call Flushing Bank Online Banking Customer Support at the Flushing Bank Telephone Number.
In addition to protecting your Password and Account information, you should take precautions with your personal identification information, such as your driver's license, Social Security Number, etc. This information by itself or together with information on your Account(s) may allow unauthorized access to your Account(s). It is your responsibility to protect personal information with the same level of care that you protect your Password and Account information.
In case of errors or questions about your electronic transfers call us at 800.581.2889, write us at Flushing Bank, 1979 Marcus Ave. LL C103, Lake Success, NY 11042 or e-mail us at email@example.com 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 after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your Account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. 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.
Liability for Unauthorized Transactions and Advisability of Prompt Reporting. Please tell us AT ONCE if you believe your Online Banking Account number or your Password has been lost or stolen. Notifying us by telephone as soon as possible is the best way of limiting your losses. You could lose all of the funds in your Account(s) plus your maximum overdraft line of credit.
- If you believe that someone has made or may make an Online Banking transaction to or from your Account(s) without your permission, call the Flushing Bank Telephone Number or write Flushing Bank Online Banking Customer Support at the Flushing Bank Business Address. Telephoning is the best way of keeping your possible losses to a minimum.
- If your online Password has been compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your online Password without your permission to access a Bank Deposit Account. If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500.
- Also, if your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us at once. If you do not notify us within sixty (60) days after the paper or online statement was sent to you, and we could have stopped someone from taking money if you had told us in time, 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 hospital stay) kept you from telling us, we will extend the time periods.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, THE BANK SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF, THE EQUIPMENT, BROWSER AND/OR THE INSTALLATION THEREOF, THE ONLINE BANKING SERVICES PROVIDED HEREUNDER, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES, YOUR TELEPHONE SERVICE OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND THE BANK'S CONTROL. THE ONLINE BANKING SERVICES, AND ANY SOFTWARE, BROWSER AND RELATED DOCUMENTATION ARE PROVIDED "AS IS." THE BANK DOES NOT MAKE ANY WARRANTIES CONCERNING THE EQUIPMENT, THE SOFTWARE, THE BROWSER OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE BANK IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE OR OTHER PROPERTY RESULTING FROM YOUR USE OF ONLINE BANKING SERVICES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
Flushing Bank's Liability for Failure to Make Online Banking Transactions
If we do not complete an Online Banking transaction on time or in the correct amount according to this Agreement, we will be liable for your actual and proven losses or damages caused by such failure but not for any special or consequential damages, unless required by applicable law. However, there are some exceptions. We will not be liable, for instance:
a) if you do not have enough available funds in your Account or available credit in your Credit Line to make the Electronic Bill Payments or transfer;
b) if the Electronic Bill Payments Scheduled Payment Date is not at least seven (7) to ten (10) Business Days prior to the earlier of the date you want or expect the Payee to receive the payment or the due date of such payment;
c) if the Payee has a mailing address outside the U.S or if the Electronic Bill Payment is to pay any taxes or to make any court-ordered or court-directed payments;
d) if your computer malfunctions;
e) if the Web Browser or the processing center of Flushing Bank or its agent that is used for Online Banking is not working properly and you knew or were advised by Flushing Bank or its agent about this when you made the Online Banking transactions;
f) if circumstances beyond our control (such as fire, flood, computer failure, interference from an outside force, or improper transmission or handling of payments by a third party) prevent the Online Banking transaction from being properly made or completed despite reasonable precautions taken by us;
g) if your Password or Online Banking Account number has been reported lost or stolen or we have reason to believe that the Online Banking transaction is unauthorized;
h) if your Online Banking Account or Online Banking privileges have been suspended;
i) if any exceptions stated in the Account and Credit Line agreements between you and Flushing Bank apply;
j) if the transaction would create an overdraft in your Account;
k) if there is a dispute about the Account, or Flushing Bank has been ordered to pay to, or hold for, someone else the money in your Account;
l) if the funds in your Account are subject to legal process or other encumbrances restricting such transfers;
m) if a legal order directs us to prohibit withdrawals from the Account;
n) if your Account is closed or if it has been frozen;
o) if the transfer or Electronic Bill Payment would exceed your available balance or your Credit Limit;
p) if you, or anyone you allow, commits any fraud or violates any law or regulation;
q) if any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly;
r) if you have not provided us with complete and correct payment information, including without limitation the name, address, account number, and payment amount for the Payee on an Electronic Bill Payment; or
s) if you have not properly followed the instructions for using Flushing Bank Online Banking.
Limitations on Frequency of Transfers and Dollar Amounts
You may use Online Banking and EBP as often as you want. Any Online Banking transfer made from an Eligible Account must not exceed your Available Balance in the Account on the day the transfer is made. There are limits imposed by law on the number of transactions you can make from certain accounts. By law, you can make no more than six (6) preauthorized withdrawals or automatic transfers (including telephone, savings overdraft protection, or data transmission) from your regular savings or money market savings account during each statement period. Transfers made via Flushing Bank Online Banking will be subject to these restrictions.
If you require any additional information regarding Flushing Bank's Services or if you have other questions about your electronic transfers telephone Flushing Bank at the Flushing Bank Telephone Number (Monday through Friday from 9:00 a.m. to 5:00 p.m. EST except non-Business Days).
Your Right to Receive Documentation of Transfers
You will continue to receive a statement in the mail for each Statement Account. E-statement customers will receive an email notification the e-statement is available for viewing. This statement will reflect all your transactions, including your Online Banking transactions, relating to such Accounts. If you have requested Electronic Bill Payment, then the monthly statement for your Electronic Bill Payment Account will also reflect your Electronic Bill Payments as an electronic transfer.
Online Banking Fees and Charges
The Bank has minimum balance requirements and other charges that apply to the Accounts, whether or not they are used for Flushing Bank Online Banking Services. We reserve the right to change the charges, fees or other terms described in this Agreement. When changes are made to any fees, charges or other material terms, we will update this Agreement and either send a notice to you at the address shown on our records or send you an electronic mail message (i.e., an e-mail message).
- The notice will be e-mailed or mailed at least thirty (30) days in advance of the effective date of any additional fees for online transactions or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing the Accounts or Services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific Accounts are governed by the applicable Account Disclosure Statement.
- There are currently no monthly or transaction fees for accessing your Account(s) through Flushing Bank Online Banking. However, Flushing Bank reserves the right to impose a fee for Online Banking Services and Electronic Bill Payment. You will be notified of any fee charges by e-mail or mail. Other fees, as described in the applicable Account Disclosure Statement, may apply to Services ordered online and to transfers from a Credit Account.
- Please note that fees may be assessed and billed separately by your online service provider.
- If Flushing Bank initiates any legal action to collect money owed to Flushing Bank under this Agreement, including any counterclaim, you agree to pay all costs incurred by Flushing Bank for such action, including any reasonable attorneys' fees.
- You agree to pay promptly all applicable fees and charges for services provided under this Agreement and in connection with your Accounts and authorize us to charge any of your Flushing Bank Accounts that you have designated as the Electronic Bill Payment Account or any other Account for the fees.
Recording of Phone Calls and E-mails
By entering into this Agreement, you authorize Flushing Bank and its agents to monitor, record, copy, and retain any phone call made to or e-mail sent to Flushing Bank or its agent concerning Flushing Bank Online Banking Services or the Web Browser.
Online Banking transactions will also be subject to Flushing Bank's various Account agreements, Account Disclosure Statements and other rules and regulations.
Flushing Bank may, from time to time at any time, change this Agreement by sending you an e-mail notice, mailing a notice, of such change or otherwise posting such notice or revised Agreement through the Flushing Bank Website. However, if the change results in (i) increased or new fees or charges, (ii) increased liability for you, (iii) fewer types of available Services or (iv) stricter limitations on the frequency or dollar amounts of transfers, then at least thirty (30) days before the effective date of the change, Flushing Bank will either electronically send to you an e-mail notice or mail to you a written notice. By entering into this Agreement you consent to receiving all applicable notices via electronic means or by posting as described herein.
Flushing Bank may cancel your access to the Services without prior notice if there has been no Online Banking or EBP activity for a period of three (3) consecutive months or for any other reason. Flushing Bank also may, at any time, cancel all or part of the Services it offers to customers generally.
Flushing Bank may assign this Agreement to its parent corporation or to any now-existing or future direct or indirect subsidiary of its parent corporation. Flushing Bank also may assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
This Agreement, and any changes to it by Flushing Bank, constitutes the entire understanding between Flushing Bank and you with respect to the subject matter of this Agreement.
Flushing Bank and you are still bound by the terms, conditions and fees imposed by any other agreements that you have entered into with Flushing Bank, unless such terms, conditions and fees have been explicitly changed by this Agreement.
Flushing Bank shall not be deemed to have lost any of its rights because they have not been exercised.
Invalidity of any Provision
If any provision stated in this Agreement or in any applicable Account agreement is held to be unenforceable, the remaining provisions shall remain in effect.
The following rules will apply to the extent there is no applicable federal law or regulation. If the Account or Service you are accessing via the Flushing Bank Website is maintained through Flushing Bank, this Agreement will be governed by and interpreted in accordance with the laws of the State of New York.
Disputes between you and Flushing Bank under this Agreement and that relate to any of your Accounts are subject to arbitration.
Notice by E-Mail
Customer acknowledges that e-mail notice will constitute sufficient notice under this Agreement for all purposes.
The below Mobile Banking Agreement and Flexible Deposit User Agreement applies only to consumer online banking customers.
MOBILE BANKING AGREEMENT
FAST, SECURE, and FREE* - Flushing Bank Mobile Banking allows you to manage your finances on the go with a variety of mobile devices, including iPhone®, AndroidTM, Blackberry®, and browser compatible cell phones. For a detailed list of all supported mobile device models click here.
*There is no charge to use Flushing Bank Mobile Banking, but the Bank’s standard account fees will apply and data and messaging rates may apply from your wireless provider.
MOBILE BANKING FEATURES
- Check account balances
- Pay bills
- View account history
- Transfer funds between your linked Flushing Bank accounts
- Receive alerts notifying you of your current balance, deposits, withdrawals, and more
- Contact us via Secure Messaging for support
TERMS AND CONDITIONS
By using Mobile Banking (also referred to herein as the “Service”), you agree to all the terms and conditions contained in this Agreement and Disclosure (the “Agreement”). This Agreement contains the terms that govern your use of the Flushing Bank Mobile Banking application services. You may use this Service to access your Flushing Bank deposit accounts using a mobile device. By using Mobile Banking to access an account you are agreeing to the terms of this Agreement which supplements the terms and agreements of your Account(s) and Online Banking Terms and Conditions to which you have previously agreed.
Mobile Banking is inclusive of the terms and conditions of the Electronic Funds Transfer Disclosure including but not limited to transaction limits, transaction processing and system availability.
Mobile Banking is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to view your Flushing Bank account balances and account history, pay bills, transfer funds between your Flushing Bank accounts, receive alerts, and contact us via secured messaging for support.
MOBILE BANKING REQUIREMENTS & LIMITATIONS
- Your mobile device must be on this list of supported mobile devices.
- You will not be able to access all functions/services that are accessible via Online Banking. Examples include, but are not limited to, electronic statement, check reordering, third party account transfer, PFM and account aggregation services.
- Mobile users are responsible for any service charges from mobile carriers as a result of using this Service.
- Mobile Banking may not be accessible or may have limited service over some network carriers.
- Mobile Banking may also not be supported by all mobile devices. Flushing Bank cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of network” issues.
USE OF MOBILE BANKING SERVICE
We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your mobile device and we will not be liable to you for any losses caused by your failure to properly use the Service or your mobile device.
OTHER MOBILE BANKING AGREEMENTS
You agree that, when you use Mobile Banking, you remain subject to the terms and conditions set forth in your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider). You also agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services and you also agree to resolve any issues or problems with your provider directly with the provider without involving us. You agree to review your account disclosures carefully, as they may include transaction limitations and fees which may apply to your use of Mobile Banking.
EQUIPMENT AND SOFTWARE
Flushing Bank does not guarantee that your mobile device or mobile phone service provider will be compatible with Mobile Banking. For a detailed list of all supported mobile device models click here.
Mobile phones and other mobile devices with internet capabilities are susceptible to viruses. You are responsible to ensure that your mobile device is protected from and free of viruses, worms, Trojan horses, or other similar harmful components (collectively referred to as “viruses”) which could result in damage to programs, files, and/or your phone or could result in information being intercepted by a third party. Flushing Bank will not be responsible or liable for any damages which may result from such viruses, including but not limited to indirect, incidental, special or consequential damages. Flushing Bank will also not be responsible if any non‐public personal information is accessed via Mobile Banking due to any viruses residing or being contracted by your mobile device at any time or from any source.
Flushing Bank is not responsible for errors or delays or your inability to access the Service caused by your mobile device. We are not responsible for the cost of upgrading the mobile device to remain current with the Service. We are not responsible for any damage to the mobile device or the data within.
We make no representation that any content or use of Mobile Banking is available in locations outside the United States. Accessing Mobile Banking from locations outside the United States is at your own risk.
You agree to take every precaution to ensure the safety, security and integrity of your Account(s) and transactions when using Mobile Banking. You agree not to leave your mobile device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you allow access to Mobile Banking to an unauthorized user, you will be responsible for any transaction they authorize and we will not be liable for any damages as a result. You agree not to use any personally identifiable information when creating shortcuts to your Account(s).
YOU are responsible for keeping any personal information in your mobile device secure. For your protection, you agree to contact Flushing Bank at 800.581.2889 if your mobile device is lost or stolen.
Flushing Bank reserves the right to modify or terminate Mobile Banking, in whole or in part at any time with or without cause and without prior written notice as allowed by law. We also reserve the right to suspend the Service either temporarily or permanently in situations deemed appropriate in our sole and absolute discretion. Termination of the Service does not affect your obligations under this Agreement in respect to occurrences before termination.
Flexible Deposit User Agreement
This Flexible Deposit User Agreement ("Agreement") contains the terms and conditions for the use of FLUSHING BANK Flexible Deposit service that FLUSHING BANK ("FLUSHING BANK", "us," or "we") may provide to you ("you," or "User"). Other agreements you have entered into with FLUSHING BANK, including the Account Terms and Conditions and Online Banking Agreement, as applicable to your FLUSHING BANK account(s), are incorporated by reference and made a part of this Agreement.
1. Service. The consumer remote deposit capture service ("Service") is designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to FLUSHING BANK or FLUSHING BANK’s designated processor.
2. Acceptance of these Terms. Your use of the Service constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail, text message, or on our website(s) by providing a link to the revised Agreement or by an online secure message. Further, FLUSHING BANK reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Service. Your continued use of the Service will indicate your acceptance of any such changes to the Service.
3. Limitations of Service. When using the Service, you may experience technical or other difficulties. We will attempt to post alerts on our website or send you a text message to notify you of these interruptions in Service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. The Service has qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.
4. Hardware and Software. In order to use the Service, you must obtain and maintain, at your expense, compatible hardware and software as specified by FLUSHING BANK from time to time. See FLUSHING BANK.com for current hardware and software specifications. FLUSHING BANK is not responsible for any third party software you may need to use the Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
5. Fees. A fee may be charged for the Service. You are responsible for paying the fees for the use of the Service. Any fee that is charged will be disclosed prior to your deposit. FLUSHING BANK may change the fees for use of the Service at any time pursuant to the section titled "Acceptance of these Terms" above. You authorize FLUSHING BANK to deduct any such fees from any FLUSHING BANK account in your name. Fees will not be charged during any free trial period or other promotional campaigns.
6. Eligible items. You agree to scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). When the image of the check transmitted to FLUSHING BANK is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
- Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into.
- Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn .
- Checks payable jointly, unless deposited into an account in the name of all payees.
- Checks previously converted to a substitute check, as defined in Reg. CC.
- Checks drawn on a financial institution located outside the United States.
- Checks that are remotely created checks, as defined in Reg. CC.
- Checks not payable in United States currency.
- Checks dated more than 6 months prior to the date of deposit.
- Checks or items prohibited by FLUSHING BANK’s current procedures relating to the Service or which are otherwise not acceptable under the terms of your FLUSHING BANK account.
- Checks payable on sight or payable through Drafts, as defined in Reg. CC.
- Checks with any endorsement on the back other than that specified in this agreement.
- Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution.
- Checks or items that are drawn or otherwise issued by the U.S. Treasury Department.
7. Endorsements and Procedures. You agree to sign and restrictively endorse any item transmitted through the Service as "For deposit only" or as otherwise instructed by FLUSHING BANK. You agree to follow any and all other procedures and instructions for use of the Service as FLUSHING BANK may establish from time to time.
8. Receipt of Items. We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from FLUSHING BANK that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time; any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
9. Availability of Funds. In general, if an image of an item you transmit through the Service is received and accepted before 5:00 p.m. Eastern Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Service will generally be made available in three business days from the day of deposit including on-us checks drawn on FLUSHING BANK. FLUSHING BANK may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as FLUSHING BANK, in its sole discretion, deems relevant.
10. Disposal of Transmitted Items. Upon your receipt of a confirmation from FLUSHING BANK that we have received an image that you have transmitted, you agree to retain the check for at least 14 calendar days from the date of the image transmission. After 14 days, you agree to destroy the check that you transmitted as an image, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to FLUSHING BANK upon request.
11. Deposit Limits. We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. The current daily dollar limit is $1,500.00 per business day for consumer banking clients. In addition, the current monthly dollar limit is $25,000.00 per any 22 consecutive business day period. There is no daily or monthly statement cycle limit on the number of items, as long as the respective dollar limits are not exceeded.
12. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in FLUSHING BANK’s sole discretion subject to the Terms and Conditions governing your account.
13. Errors. You agree to notify FLUSHING BANK of any suspected errors regarding items deposited through the Service right away, and in no event later than 30 days after the applicable FLUSHING BANK account statement is sent. Unless you notify FLUSHING BANK within 30 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against FLUSHING BANK for any such alleged error.
14. Errors in Transmission. By using the Service you accept the risk that an item may be intercepted or misdirected during transmission. FLUSHING BANK bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
15. Image Quality. The image of an item transmitted to FLUSHING BANK using the Service must be legible, as determined in the sole discretion of FLUSHING BANK. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by FLUSHING BANK, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
16. User Warranties and Indemnification. You warrant to FLUSHING BANK that:
- You will only transmit eligible items.
- You will not transmit duplicate items.
- You will not re-deposit or re-present the original item.
- All information you provide to FLUSHING BANK is accurate and true.
- You will comply with this Agreement and all applicable rules, laws and regulations.
- You are not aware of any factor which may impair the collectability of the item.
- You agree to indemnify and hold harmless FLUSHING BANK from any loss for breach of this warranty provision.
17. Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.
18. Termination. We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Service for any unauthorized or illegal purposes or you use the Service in a manner inconsistent with the Terms and Conditions of your Account, Online Banking Agreement or any other agreement with us.
19. Enforceability. We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law. This Agreement is governed and construed in accordance with the laws of the State of New York.
20. Ownership & License. You agree that FLUSHING BANK retains all ownership and proprietary rights in the Service, associated content, technology, and website(s). Your use of the Service is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Service. Without limiting the restriction of the foregoing, you may not use the Service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to FLUSHING BANK’s business interest, or (iii) to FLUSHING BANK’s actual or potential economic disadvantage in any aspect. You may use the Service only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service.
21. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED.
22. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF FLUSHING BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
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