Product Terms And Conditions - Premier e-Checking

Ability to Withdrawal Funds- Generally, our policy is to make funds from your deposits available to you on the first business day after the day we receive your deposit, although specific account types, check types or deposit methods may be subject to delayed funds availability. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written.

In many cases we will make the funds from your deposited checks available to you sooner than we are able to collect the funds from the paying bank, and it is possible for a check or other item to be returned to us as unpaid days, weeks or months after we have made the funds available to you. Please remember that even after we have made funds available to you, and you have withdrawn the funds, we have the right to reverse the credit for the deposited checks and/or you are still responsible for repaying us for any checks or other items you deposit or transmit to your account that are returned unpaid to us for any reason.

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit in person at one of our branch locations before the close of business on a business day that we are open, we will consider that day to be the day of your deposit. If you deposit a check by Mobile Deposit on a business day before the Mobile Deposit service cutoff time, we will consider that day to be the day of your deposit. (For Mobile Deposit Business Day cutoff time information, please refer to the Mobile Deposit information in the applicable Online Banking Agreement.)

NOTE:
Generally, our close of business is 5:00 p.m. (local time zone), Monday – Friday, however most of our locations close at 6:00 p.m. (local time zone) on Friday. (Note: These times may vary by location.)

If you make a deposit into one of our automated teller machines before 3:00 p.m. (local time zone) on a business day we are open, we may consider that day to be the day of deposit. However, if you make any of the above-mentioned deposits after the cut-of time or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

Unauthorized Transactions and Limit on Time to Assert Claims- You are in the best position to discover and report any unauthorized debit to your account.

You agree to review your statements, checks, other records, and other information (for example, paperless statements), sent or made available to you with reasonable promptness, which you agree does not exceed 30 days after your statement date or the date the information is otherwise made available to you. If you do not receive your statement by the date you usually receive it, call us at once. You assume full responsibility for monitoring and reviewing the activity of your account and the work of your employees, agents, accountants, whether or not you actually receive the statements, and whether or not the statements contain the items bearing an unauthorized signature or alteration.

If you discover and/or believe there is a forgery, alteration, counterfeit check, unauthorized signature, other unauthorized withdrawal or debit and/or other transaction or other problem (individually and/or collectively referred to herein as “problem”) related to your account, you must promptly notify your branch of account in writing, of the relevant facts, within 30 days after your statement date or date of receipt of other information on which the problem was first identified.

Note: If the issue discovered is due to an unauthorized, missing or altered endorsement on an item, you must notify us within 60 days after your statement date or date of receipt of other information on which the problem was first identified.

If you fail to notify us within the time frames specified above of any problem (as defined above) relating to the account, we will not be responsible for subsequent problems, including forgeries or alterations, by the same wrongdoer or that might have been corrected if you had reviewed your statement and information, and reported any problems within such period. (See the Holds for Uncollected Funds / Delayed Funds Availability section for information regarding claims pursuant to a substitute check, covered under the “Check 21 Act”.)

Notwithstanding the foregoing, and in addition to any rights we may have under applicable law, if you fail to discover and report to us any problem related to your account(s) within 30 days of the date the statement on which such problem is reflected is mailed or the information is otherwise made available to you (or other shorter or longer period provided by law or this Agreement), you agree for all purposes to accept the balance indicated in our records as correct and relieve us of further responsibility or liability to you with respect to such problem. You are precluded from asserting, and waive any right to assert, any such problem against us in any proceeding including, without limit, arbitration or court proceeding, after such period.

Except for shorter periods provided under this Agreement or by applicable law, any action or proceeding brought by you to enforce any obligation, duty, or right arising under or relating to this Agreement or otherwise relating to your account(s) or service(s) provided to you hereunder, must be commenced within 1 year after the cause of action occurs.

These requirements, including notification and liability rules stated in this section, do not apply to consumer account transactions covered by the Electronic Funds Transfer Act. (See the Electronic Funds Transfers section for additional information.) Additionally, you also have certain rights under federal law for substitute checks. (See Substitute Checks and Your Rights, under the Holds for Uncollected Funds / Delayed Funds Availability section, for additional information.)

If you claim a credit or refund because of a forgery, alteration or any other unauthorized withdrawal, you agree to provide us with a declaration containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the claimed loss. You also agree to make a report to the police and to provide us with a copy of the report upon request.

We will have a reasonable period of time to investigate the circumstances surrounding any claimed loss. During our investigation, we will have no obligation to provisionally credit your account, unless otherwise required by law (e.g., in connection with certain consumer electronic funds transfer services).

If, after conducting an investigation, we determine that you are entitled to a credit, the credit shall be limited to the amount withdrawn from the account. This limit shall be reduced, whether in whole or in part, by the percentage of the loss caused by any of the following: (1) any action or omission by you or anyone acting pursuant to your express or implied authority, (2) any action or omission of any third party which we could not have discovered using reasonable and ordinary care, or (3) any action or omission of any third party which could have been prevented by you in the exercise of ordinary care. In no event shall the Bank, or any of its employees, agents, or subcontractors be liable for any special or consequential damages, including, but not limited to, lost profits.

You also agree that we will have no liability for items paid that were forged or altered in a manner such that the fraud could not be reasonably detected by us.

You agree to pursue all rights you may have under any insurance policy covering any loss and to provide us with information regarding coverage, and to the extent your employee is involved, to exhaust all remedies against your insurance or bonding company, before filing a claim against us for problems (as defined above). You agree that any recovery you receive will be applied toward the loss you claim against us. (See Limiting Our Liability, under the Additional Terms and Conditions section, for additional information.) If we reimburse you for a loss and the loss is covered by insurance, you agree to assign us your rights under the insurance policy to the extent of our reimbursement, in accordance with this provision. You waive all rights of subrogation against us with respect to any insurance policy or bond.

Confirming Your Instructions- We will send you a confirmation of your funds transfer instructions and/or account statements. You agree to review them and notify us immediately of any errors, unauthorized transactions or irregularities. In all cases, if you fail to notify us in writing of any such discrepancy within a reasonable period of time (not exceeding 30 days after your statement date or the date we mailed or electronically delivered the confirmation, whichever was sent first), you agree that we shall not be liable for any other losses resulting from your failure to give such notice or any loss of interest with respect to a funds transfer that is or should have been shown. If you fail to notify us in writing of any such discrepancy within one year from our mailing of such confirmation or account statement, you will be precluded from asserting the discrepancy against us. (See Unauthorized Transactions and Limit on Time to Assert Claims, under the Additional Terms and Conditions section, for additional information.)