Bangor Savings Bank Deposit Account Agreement
TERMS AND CONDITIONS FOR YOUR BANGOR DEPOSIT ACCOUNT. IMPORTANT ACCOUNT INFORMATION - PLEASE READ. AS SET FORTH BELOW, ANY CLAIM, DISPUTE, OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE “DISPUTE RESOLUTION” PROVISION CONTAINED IN THIS AGREEMENT. THIS AGREEMENT ALSO INCLUDES A WAIVER OF CLASS ACTION AND YOUR RIGHT TO A JURY TRIAL. PLEASE READ THE “DISPUTE RESOLUTION” SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY US. FOR CONSUMER ACCOUNTS, YOU MAY OPT OUT OF ARBITRATION BY NOTIFYING US WITHIN 60 DAYS OF ACCOUNT OPENING AS SET FORTH IN THE ARBITRATION AGREEMENT BELOW. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
You may contact us any time by emailing us at firstname.lastname@example.org. You may call us at 1 (888) 814-1972 between the hours of 9:00-5:00 EST Eastern Time, Monday through Friday. You may write to us at 5 W 20th St, New York, NY 10011.
Please read this Agreement carefully and retain it for future reference. By applying for, opening, using or continuing to hold an Account, you agree to be bound by this Agreement as well as any other agreement or document we may provide to you from time to time in connection with your Account. Continued use of the Account means your ongoing agreement to this Agreement, as amended from time to time. By continuing to use the Account, you further agree to pay any fees due and outstanding associated with the Account, including giving us the right to collect such fees directly from the Account balance. You are responsible for the accuracy and completeness of all information supplied to the Bank and [Partner] in connection with the Account and its services. This Agreement and the deposit relationship do not create a fiduciary relationship between you and the Bank. You will receive a separate set of Account Disclosures which will include schedule of rates, qualifying balances, transaction limits, and fees if they are not included in this Agreement, as applicable, which are incorporated into this Agreement by reference.
If there is a conflict between this Agreement and any other document or statement made to you concerning the Account, this Agreement will govern. If there is a conflict between this Agreement and any other document or statement made to you by the Bank concerning any services or products other than the Account and related banking services provided by the Bank, the separate terms and conditions applicable to that service or product will govern.
2. Accessing Your Account
The Account is accessed through the websites owned by Partner (“Sites”). The Sites together are defined as “Online Services.” Online Services are provided by Partner and not by the Bank. To the extent permitted by law, Bank disclaims liability for all losses you may incur as a result of your use of the Online Services or any act or omission of Partner. Neither the Bank nor Partner is responsible for any costs you incur to maintain internet access, mobile device data and telecommunication services, or an email account. You may not access your Account by visiting a Bank branch or location.
3. Amendments and Modifications
This Agreement may be amended or changed by the Bank in its sole discretion at any time by posting the amended documents (including this Agreement) on the Bank’s website or the Online Services, or notifying you of the amendments using any of the contact information we have on file for you. And any such amendment will be effective upon such posting to the Online Services, upon sending you a notice of the change, or on the effective date specified in the notice of the change. The current Agreement is available at kasheesh.co. For any adverse changes to this Agreement, we will provide you reasonable notice in writing or by any method permitted by law. However, if a change is made for security purposes, such change can be implemented without prior notice. Your continued maintenance or use of the Account after the change will be deemed acceptance of any change and you will be bound by it. To reject the change, you must stop using your Account and close your Account before the effective date of the change. Your termination of this Agreement does not affect any of our rights or your obligations arising under this Agreement prior to such termination.
4. Account Information
5. Account Information
6. Opening the Account
To open an Account, you must successfully complete the application through the Online Services, meet all of our eligibility requirements, and follow all directions we provide to open your Account. By submitting an application to open an Account, you authorize us to obtain information about you from time to time from consumer reporting agencies, check verification services, our subsidiaries and affiliates, and other third parties for the purpose of considering your Account application or any other purpose permitted by applicable law. For commercial Accounts, we may require an officer, shareholder, principal, or other stakeholder acting on behalf of your business (“Company Signer”) to provide information to us, and authorize us to obtain information about the Company Signer from time to time from consumer reporting agencies, check verification services, our subsidiaries and affiliates, and other third parties for the purpose of considering your Account application or any other purpose permitted by law. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an Account. What this means for you: When you open an Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents. We are also required to verify the information you provide to us. This verification process may require you to provide us with supporting documentation that we deem appropriate. We may also seek to verify the information by other means. We reserve the right to request additional information and/or signatures from you from time to time. If we are not able to validate your identity or authenticity to our satisfaction, we may not open the Account. For commercial Accounts, we may also be required to request and verify information and identifying documents for your business, Authorized Users, Company Signer, and other account owners and beneficial owners of your business. For commercial Accounts, a qualified Company Signer must accept this Agreement on your behalf. By submitting an application, you represent and warrant that the Company Signer is authorized to act on your behalf and bind the company to this Agreement and make all transactions and perform all activities and obligations contemplated by this Agreement and any other agreement between you and us in connection with your Account.
The Bank will determine your eligibility for an Account in its sole discretion. A consumer Account is only available to United States citizens or lawful permanent residents of the fifty (50) United States (“U.S.”) or the District of Columbia who are at least 18 years of age (or the age of majority in their state of residence), have a U.S. physical address or with military addresses (APO or FPO), have a valid social security number or tax identification number, and meet all of the Bank’s eligibility criteria. A commercial Account is only available to business entities which are lawfully organized and authorized to do business in the United States, have a U.S. physical address and tax identification number, and meet all of the Bank’s eligibility criteria. A commercial Account may also be available to an individual sole proprietors and general partnerships, which sole proprietors and general partners are United States citizens or lawful permanent residents of the fifty (50) United States or the District of Columbia, are at least 18 years of age (or the age of majority in their state of residence), have a U.S. physical address or military address (APO or FPO), a valid social security number or tax identification number, and meet all of the Bank’s eligibility criteria. You must also agree to go paperless. This means that you must (1) provide us with and maintain a valid email address and (2) agree to accept electronic delivery of all communications by consenting to the Bank’s and/or Partner’s E-Sign Agreement in accordance with our instructions. We may decline to open an Account to you for any lawful reason. We are not liable for any damages or liabilities resulting from refusal of an Account relationship.
8. Authorized Users and Company Signers
You may be given the ability to designate individuals (“Authorized Users”) who you authorize to access your Account and/or conduct transactions through your Account, and such designation right includes the responsibility to determine the scope of rights and capabilities that the individual will have with respect to your Account. When you have consented to adding an Authorized User, you understand that any transaction authorization, instruction or any other action concerning your Account that your Authorized User engages in will be deemed authorized by you and valid and we are under no obligation to investigate the authorization, instruction or activity. You also agree that you will not hold us liable for acting upon any such authorization, instruction or activity. We reserve the right to terminate your Authorized User’s access to the Account for any reason and without advance notice.We will continue to treat all actions taken by your Authorized User as authorized by you until you revoke the Authorized User’s access to your Account by notifying us by email at address listed above or through the Online Services. Until we have been properly notified in writing of any change in such authorization and we have had a reasonable period of time to act upon such notice, we may pay, apply, or otherwise honor and charge your Account, without inquiry, without limit as to amount, and without regard to the application of the proceeds thereof all orders for payment or transfer of money for whatever purpose. You must notify us immediately by email of any change in the status of any Authorized User. We may ask you to give us additional documentation. No action taken by us before we receive proper notification in writing of any such change and have had a reasonable period of time to act upon such notice will be affected by any such notice.For commercial Accounts, a Company Signer shall be deemed an Authorized User. Only a Company Signer may designate additional Authorized Users. By designating an Authorized User, you represent and warrant that such Authorized User is authorized to use the Account and engage in all transactions on your behalf, as contemplated by this Agreement.
9. Compliance with Laws and Regulations
You agree to comply with all applicable laws, which term shall include, but is not limited to, all statutes, regulations, interpretations, directions and guidance of any regulatory authority, the rules of any payment network you use to make transactions using your Account, and the rules of any relevant industry self-regulatory authority, which are applicable to the Bank or your use of the Account and related services offered under this Agreement.
10. Contact Information; Notifying Us of Changes
You agree to provide and maintain a valid telephone number, mailing address, and email address (collectively, “Contact Information”) on file with us at all times. By providing your Contact Information, you represent and warrant that you own and are authorized to send and receive communications using that Contact Information. You must notify us immediately if there is a change to your name, telephone number, mailing address, email address, or any other information you have provided us. Unless we agree otherwise, change of Contact Information or name must be made via the Online Services or email sent to email@example.com, and you must submit any proof of address and identification requested by us. We may change your mailing address in our files if we receive an address change notice from the U.S. Postal Service or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your current address.Neither the Bank nor Partner will be liable for any adverse effects to the Account as a result of undelivered mail or email or your inability to access Account information through the Online Services due to a failure to promptly notify the Bank or Partner of a change to your email or postal mailing address or if your email settings block or filter out messages from the Bank or Partner.
11. Contacting You
To the extent permitted by applicable law, you authorize us and each of our affiliates, agents, service providers, contractors, and successors, to contact you to service or maintain your Account using any Contact Information we have on file for you. You agree that these contacts are not unsolicited for purposes of state or federal law. You further agree that we, our affiliates, agents, service providers, contractors, and successors may: (1) contact you in any way, including through the Online Services, mail, email, calls, and texts, including a mobile, wireless, or similar device, and using automated telephone equipment or prerecorded messages; (2) contact you at any number that you have given us, any number we have for you in our records, and any number from which you call us, including your cellular or other wireless device, even if that number is a wireless, cellular, or mobile number, is converted to a mobile/wireless number, or connects to any type of mobile/wireless device, and even if such telephone number is currently listed on a Do Not Call Registry; and (3) contact you at any email address you provide to us or any of our affiliates, agents, service providers, contractors, successors, or any other person or company that provides any services in connection with this Agreement. We may monitor, tape, or electronically record our telephone calls with you, including any calls with our customer service department, collections department, and any of our agents or service providers. For the avoidance of doubt, you agree you will accept calls from us regarding your Account. You understand these calls could be automatically dialed and a recorded message may be played. We may send communications electronically, rather than through U.S. mail or other means, unless the law says otherwise. We are not required to act upon instructions you give us unless you follow our instructions for notifying us and we have a reasonable opportunity to act on your instruction. You may opt out of receiving autodialed or prerecorded calls or texts, to the extent required by law. You may withdraw your consent to SMS communications by replying STOP to the SMS message, or you may change your communications preferences by contacting Partner at firstname.lastname@example.org. We may require up to 10 days prior notice of your request to change your Contact Information or communications preferences. We may not be able to accommodate your communications preferences. Should you provide a phone number for which you are not the subscriber, you understand and agree that you will indemnify us for any and all costs and expenses incurred as a result of us trying to contact at that number. Costs and expenses include reasonable attorney's fees, if permitted by law. We may monitor and record calls for training and quality assurance purposes.You are responsible for any and all charges, including fees associated with text messaging, imposed by your communications service provider. By indicating your consent on the Online Services or on your mobile device, you also agree to receive alerts about your Account activity, balances, payments, suspicious activities, and other matters involving your use of the Online Services or the Account through push notifications to your smartphone or other device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification or Online Services content; or your use or reliance on the content of any push notification or the Online Services for any purposes, to the fullest extent permitted by law. Each push notification may not be encrypted and may include your name and information pertaining to your Account or use of the Online Services. We may terminate your use of push notifications at any time without notice. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or device.
12. Truth in Savings Act Disclosure
Earning Interest on your Account – Your Account may be eligible to earn interest. See the Account Disclosure to determine whether your Account is eligible to earn interest, and if so, the applicable interest rate and annual percentage yield (APY) and how we calculate your interest.
Effect of Closing your Account – If you close your Account before accrued interest is credited, you will not receive the accrued interest that has not yet been credited to your Account. Minimum Balance – Your Account may be subject to a minimum balance requirement to open this Account, to maintain the Account, to avoid fees, or to obtain the disclosed APY. If it is, this minimum balance will be disclosed to you when you open your Account or in a subsequent disclosure.
Fees – You agree to pay all applicable fees on your Account, which are disclosed in this Agreement or our separate Fee Schedule in the Account Disclosures. You will pay any additional reasonable charges for services you request which are not covered by this Agreement.
Transaction Limits – Your Account is subject to the transaction limits disclosed in the Account Disclosure, the “Electronic Fund Transfer” disclosure and as otherwise set forth in this Agreement.
13. FDIC Insurance
Your Account is provided by Bangor Savings Bank, Member FDIC. Unless otherwise indicated in your Account Disclosure, funds in your Account are insured by the Federal Deposit Insurance Corporation (“FDIC”), up to the applicable federal limits. The amount of insurance coverage you have may depend on the balance in your Account and the ownership category, type of deposits, and amount of deposit balances held in any other accounts you have with us. For additional information, please visit the FDIC's website at www.fdic.gov.
14. Liability for Transactions On Your Account
You are liable and must pay for all transactions you make using your Account. You may not permit any other person to use your Account. You are liable for all transactions made on your Account by you or any person to whom you provide access to your Account or any Credentials (as defined below) or device that can be used to access your Account, even if that person has exceeded their authority, until you notify us that such person is no longer authorized to use your Account, and we have a reasonable opportunity to act on your notification. You will be liable for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your Account. This also includes any action that you or a third party takes regarding the Account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys’ fees can be deducted from your Account when they are incurred, without notice to you.
A. Making Deposits
You may make deposits into your Account using only methods described herein. Deposits must be made in U.S. Dollars. We may change the deposit methods we support from time to time. We do not charge you any fees for making deposits, unless specified on our Fee Schedule. You may only deposit with us funds that are immediately available, and are not subject to any lien, claim, or encumbrance. Deposit methods we support are: Automated Clearing House ("ACH”) transfer to your Account from your Linked Account using the Online Services.We do not accept deposits using any of the following methods: ATM deposits, personal checks, cashier’s checks, money orders, foreign currency, cash, and any other method not expressly permitted by this Agreement. We may reject any deposit we receive through a method we do not support. You may use the Online Services or call us to confirm that we have received a deposit. If a deposit or transfer to your Account is returned or rejected by the paying financial institution for any reason, or if there is an error or mistake involving a deposit or transfer, we may deduct the amount of the deposit, transfer or error without prior notice to you. If there are insufficient funds in your Account at the time, your Account may become overdrawn.All deposit items are credited subject to final settlement in cash or credits. We shall have the right to forward items to correspondents including all Federal Reserve Banks, and, except as required by law, we shall not be liable for default or neglect of said correspondents for loss in transit, nor shall any correspondent be liable except for its own negligence. You specifically authorize us or our correspondents including the Federal Reserve Banks to handle such Items in accordance with provisions of Regulation J (12 CFR Part 210), as revised or amended from time to time by the Federal Reserve Board. In the event we are subject to local clearinghouse rules, you specifically authorize us to handle such Items in accordance with the rules and regulations of the clearinghouse.If we permit you to withdraw funds from your Account before final settlement has been made for any deposited Item, and final settlement is not made, we have the right to charge your Account or obtain a refund from you. In addition, we may charge back any deposited Item at any time before final settlement for whatever reason. We shall not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited Items or for any damages resulting from any of those actions.
B. Rejection of Deposits by Bank
We may refuse a deposit, or part of a deposit, at any time. We also may refuse a deposit after initially accepting it. We will not be liable to you for refusing a deposit, even if it causes us to decline any transactions you have already made. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach warranties and any other loss sustained by, or claim made against the Bank relating to such deposits. The Bank and Partner are not liable for any service charges or late charges that may be imposed against you due to the rejection of any item that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus applicable fees to your account due to any item’s rejected for deposit.If funds are incorrectly deposited or transferred to the Account, we may correct the error by deducting the amount of the incorrect deposit from the Account without prior notice to you.
16. Funds Availability
Funds deposited to your Account will be made available to you as set forth in the Bank’s Funds Availability Policy.
You may withdraw or transfer all or any part of the Account balance at any time, up to the available balance, subject to the terms of this Agreement. Withdrawals may only be made in U.S. Dollars. We may subtract from your balance the amount of any withdrawal or debit transaction that you initiated or approved. Before permitting a withdrawal or other transaction, we may request that you provide us with additional information or documentation that we deem necessary to confirm your identity or if we identify suspicious activity associated with your Account. We may refuse a withdrawal transaction if you do not comply with our request or for any other reason in our sole discretion. We are not required to comply with any multiple-signature requirement, even if you have otherwise instructed us to do so.If your Account is a savings account, as shown in your Account Disclosures, we reserve the right to (1) limit your withdrawals to six withdrawals per month; and (2) require seven days written notice of an intended withdrawal. Withdrawal methods we support are: ACH transfer from your Account to a Linked Account using the Online Services and ACH transfer to a third party.If we permit you to make withdrawals from your Account or obtain information about your Account or balance using an ATM, fees may apply to in-network and out-of-network ATM transactions, including balance inquiries. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).You cannot withdraw funds by check, and we do not permit you to create checks drawn on your Account.
18. Cut-off Time
Transactions requests received by us after 1:00 PM Eastern Time or on a day that is not a Business Day may not be initiated until the next Business Day.
Our general practice is to decline to pay any transaction that would cause a negative balance on your Account. However, we may, in our sole discretion, pay the item even if your available balance is insufficient to cover the transaction, resulting in a negative available balance. Even if we've paid such items before, we are not required to do it in the future. We look at your available balance only once to decide if the item would cause your Account to have a negative balance. If we pay a transaction that causes your Account to have a negative balance, you must immediately deposit the amount necessary to restore your balance to at least $0.00. We also may report you to consumer reporting agencies and business reporting agencies, close your Account, or both. This could affect your ability to open accounts with us or other banks in the future. You authorize us to use the money from any subsequent deposits to your Account to pay any negative balance on your Account and restore the balance to at least $0.00. Subsequent deposits include any federal or state benefit payments that you choose to deposit in your Account (including direct deposit of Social Security benefits). You understand and agree that if you do not want your benefits applied in this way, you may change your direct deposit instructions at any time. We may still pursue collection of the amount you owe (including suing you) after it is charged off. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft, except to the extent prohibited by applicable law.If disclosed in our Fee Schedule in the Account Disclosures, you agree that we may charge a fee for each transaction or item that (1) overdraws your Account; or (2) is returned unpaid due to insufficient funds. You understand that when you authorize a transaction and it is returned unpaid, it may be re-presented several additional times. Each attempt to present the transaction is considered a separate “item.” If disclosed in our Fee Schedule in the Account Disclosures, we may charge you a non-sufficient funds fee for each item that is returned unpaid, and each item that is paid and results in an overdraft on your Account. This may result in multiple fees for the same transaction. For example, if you have insufficient funds to cover a transaction, and that transaction is returned unpaid due to insufficient funds, is re-presented and returned unpaid a second time, then re-presented again and paid, resulting in an overdraft, then you may incur two non-sufficient funds fees and one overdraft fee, as set forth in the Fee Schedule. We may use subsequent deposits, including direct deposits of social security or other government benefits, to cover such overdrafts and overdraft fees.
20. Transaction Limits
There are limits on the amount, type, and frequency of transactions you can make using your Account, which are described in this Agreement or in your Account Disclosures. There are other limits on your Account that we do not disclose to you in order to maintain the security of your Account and your systems, and we may change these limits without notice to you, unless required by applicable law. The payee name on any direct deposit(s) or ACH credit(s) we receive for deposit into your Account must match your name, and we may, but are not required to, reject and return transactions in the event of a discrepancy.
21. Prohibited Transactions
We cannot schedule bill payments (1) to bill payment recipients or billers located outside the United States or any of its territories; (2) for any single payment greater than $99,999.99; or (3) that are otherwise prohibited by law. We have the right but not the obligation to monitor for, block, cancel and/or reverse the following types of payments, each of which is prohibited under this Agreement: (i) Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); (ii) Payments that violate any law, statute, ordinance or regulation; (iii) Payments related to: (1) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (2) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (3) goods or services that are sexually oriented; (4) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (5) goods or services that defame, abuse, harass or threaten others; (iv) Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and (v) Payments relating to transactions that (1) constitute money-laundering or terrorist financing; or (2) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges, or check cashing. You must not use your Account for any illegal purposes. We have no obligation to monitor, review or evaluate the legality of any transaction, however, transactions in the Account are subject to review and can be delayed, rejected or frozen if the Bank determines in its sole discretion that the transaction violates applicable law, this Agreement, or the policies of the Bank. Such delay or freezing of your Account may impact your available Account balance. We may deny any transaction or refuse to accept any deposit that we believe is related to illegal activity or online gambling or for any other reason at our discretion. In addition, such funds may potentially be subject to investigation by one or more federal law enforcement agencies.
22. Transaction Processing Order
Notwithstanding anything to the contrary, when we process multiple transactions for your Account on the same day, the transactions will be processed in the following order (as applicable to the transactions we permit on your Account): We pay chargebacks and other debits from transactions occurring prior to current date posting first, then pay over the counter withdrawals and debit memos. Next we pay ATM transactions from lowest to highest dollar amount, and then we pay debit card PIN transactions followed by debit card signature transactions from lowest to highest dollar amount. We pay internal transfers between Bangor Savings Bank accounts, and then we pay checks deposited into your Account. We then pay checks deposited or processed at other banks, in the order of lowest to highest check number (consecutive). ACH transactions are then paid in the order of lowest amount to highest amount, followed by any fees assessed to your Account. Also, please be aware that the payment of items may create multiple overdrafts or returned transactions during a single banking day for which you will be charged our standard NSF fee or overdraft fee as noted in our Fee Schedule. We do not always receive debits on the same day that you conduct them. We may change the way we group transactions together or the order in which we post transactions to your Account at our discretion and without notice to you, unless required by law. It is therefore important for you to keep track of the deposits you make and the transactions you authorize to make sure there are sufficient funds in your Account to cover all transactions and any applicable fees.
23. Linked Accounts
You may use the Online Services to link your Account to another deposit account you own and hold with another U.S. depository institution (“Linked Account”). By providing a Linked Account, you represent and warrant that you own and are authorized to use the Linked Account for the purposes set forth in this Agreement. For consumer Accounts, any Linked Account must be a personal account (not a business or commercial account). For commercial Accounts, any Linked Account must be a business or commercial account that you, the Company Signer, and any other Authorized User is authorized to use for the transactions contemplated by this Agreement. Your request to establish a Linked Account is subject to our verification and approval.
24. Fund Transfer Services
Funds transfers to or from your Account will be governed by the rules of the funds transfer system(s) through which the transfers are made (“system rules”), including Fedwire, the National Automated Clearing House Association ("NACHA"), the Clearing House Interbank Payments System (“CHIPS”), and the Society for Worldwide Interbank Financial Telecommunication (“SWIFT”). We are under no obligation to honor, in whole or in part, any payment order or other instruction that could result in our contravention of applicable law, including requirements of the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) and the Financial Crimes Enforcement Network (“FinCEN”). If you originate a fund transfer to or from your Account and you identify by name and number a beneficiary financial institution, an intermediary financial institution, or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person, or account other than the one named. If we do not receive full and final settlement of a fund transfer made to your Account, we are entitled to a refund from you in the amount credited to your Account and the party originating such payment will not be considered to have paid the amount so credited. Credit entries may be made by ACH transfer. Credit given by us with respect to an ACH credit entry to your Account is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we receive a payment order to credit an Account you have with us, we are not required to give you any notice of the payment order or credit. You may contact us using the Online Services or by calling us to determine whether an electronic fund transfer to or from your Account has occurred successfully. We may require you to enter into an additional agreement governing your use of ACH origination services. If your Account receives incoming ACH transactions (either credits or debits) or wire transfers initiated from within or outside of the United States, both you and we are subject to the Operating Rules and Guidelines of NACHA, or the rules of any wire transfer system involved, and the laws enforced by OFAC. Under such rules and laws, we may temporarily suspend processing of a transaction for greater scrutiny or verification against the OFAC list of blocked parties, which may result in delayed settlement, posting and/or availability of funds.We reserve the right to temporarily suspend, block or reject the processing of any transaction, to freeze or block certain funds or the full balance of any Account, account owner, account beneficiary, or Authorized User (each, a “Restricted Person”), in each case to the extent we deem reasonably necessary to comply with any notice, order, regulation, rule, requirement or restriction issued or promulgated by OFAC (collectively, the “OFAC Rules”). To comply with OFAC Rules, we may temporarily suspend processing of a transaction or the availability of a balance for greater scrutiny or verification against the OFAC list of blocked parties, which may result in delayed settlement, posting and/or availability of funds. If we determine there is a violation or potential violation of the OFAC Rules, or if we cannot satisfactorily resolve a suspected or potential violation, we may reject such transaction or freeze or block the subject funds or full balance of any Account or Restricted Person. If we block the subject funds and you believe you have adequate grounds to seek the return of any blocked funds, it is your sole responsibility to pursue the matter with the appropriate governmental authorities. Please see the OFAC website for procedures and form required to seek a release of blocked funds.You also will observe all anti-money laundering and exchange control laws and regulations, including economic and trade sanctions promulgated by OFAC, in relation to any funds transfer, and you will use all reasonable efforts to assist us to do likewise. You warrant that the information given to us by you is accurate. We may disclose any information given to us that we in our sole discretion think necessary or desirable to disclose; except we will only disclose confidential information if required by law, a court, or legal, regulatory, or governmental authority, or as permitted by law to combat, prevent, or investigate issues arising under anti-money laundering laws, economic sanctions, or criminal law.Sometimes legal, regulatory, or governmental authorities require additional information, either in respect of individuals, entities, or particular transactions. You warrant that you will promptly supply all such information, which any such authority may require, and/or which we may be required to supply, in relation to the individual, entity, or particular transaction. Subject to our Funds Availability Policy, we reserve the right to restrict your access to your Account if we reasonably believe it is necessary to investigate or facilitate the investigation of a payment network or governmental authority into suspicious, fraudulent, or unlawful activity, or to protect the security of your account and our systems. If you, or your Authorized User, breach any such laws or regulations, you irrevocably agree that we may retain any monies or funds transmitted to us pursuant to this Agreement and/or not fulfill any funds transfer request if we are required to take or refrain from such action by any legal, regulatory, or governmental authority or if we reasonably believe that such action may violate any laws or regulations described herein, and such monies will not bear interest against us. You further agree that we may pay such monies to the appropriate legal, regulatory, or governmental authority, when required by law or regulation.
25. Additional information about Electronic Fund Transfers
26. Foreign Exchange Rate
We may permit you to use your Account to make transactions in foreign currency, such as with a debit card, subject to our approval. The exchange rate applied to Account transactions that occur in a different currency will be selected by the Bank. The Bank will select from the range of rates available in wholesale currency markets or a rate mandated by the government that issues or controls the currency in that country on the date the Bank processes the transaction. The processing date on which the exchange rate is applied may differ from the date the transaction was initiated. The exchange rate we use may include a spread, commissions or other costs that we, our affiliates or service providers charge in providing foreign exchange services. The exchange rate may vary among customers depending on your relationship, products with us, or the type of transaction being conducted, the dollar amount, type of currency, and the date and the time of the exchange. You should expect that these rates will be less favorable than rates quoted online or in publications.We may charge a Foreign Exchange Rate Fee. Please see the Fee Schedule for more information.
It is your responsibility to protect the Account number we provide you for your Account, and all passwords, access devices, and other credentials you can use to access your Account (“Credentials”). You agree to follow all of the security procedures in this Agreement. Do not discuss, compare, or share your Credentials or any other information about your Account information with anyone. You could lose all of the money in your Account. Keep your Account number, Credentials, and Statements secure at all times. Make sure to also keep your mobile device secure at all times and avoid accessing the Online Services when others can see your screen. Your Account information can be used by thieves to issue an electronic debit or to encode your number on a false demand draft that looks like and functions like an authorized check. If you furnish your Account or Online Services and grant actual authority to make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized. The Bank and Partner are entitled to rely and act upon instructions received using your Credentials. You are further responsible for ensuring that you sign out of the Online Services when a session is complete to prevent unauthorized persons from accessing your Account. For commercial Accounts, you represent and warrant that the Company Signer and any other person who is provided or otherwise gains access to Credentials is authorized to make transactions on your behalf. It is your responsibility to notify Partner immediately at email@example.com upon belief that any Credentials have been lost, stolen, or otherwise made available to an unauthorized person, or that someone has viewed, downloaded, or deleted electronic records from the Account without your permission, or if you suspect any fraudulent or unauthorized activity (including errors) on the Account. You agree to comply with all notification requirements described in this Agreement. Your liability for any unauthorized transactions (including errors) will be determined based on the terms described in this Agreement. You agree to promptly repay any amount erroneously credited to the Account. For commercial Accounts, if the employment or authority of any Company Signer or other person with access to your Credentials, you agree to notify Partner immediately and destroy all access devices to which such person has access.
28. Business Days
Our Business Days are Monday through Friday, excluding federal holidays, even if we are open (each, a “Business Day”).
29. Setoff; Security Interest; Adjustments
If you owe a debt to us or any of our affiliates (either now or in the future), you grant us a right of setoff to, and a security interest in, all of your accounts with us to secure the debt. Debts include any overdrafts or fees you owe, as well as amounts owed us by another person or entity if you have guaranteed that you will pay their debts. If the debt is due or overdue, we may use the funds in any of your Accounts to pay all or part of the debt. Our security interest will be governed by Uniform Commercial Code Article 9 (as adopted by the applicable state law) whether Article 9 applies by its terms or not. We do not have to give you any prior notice to apply the funds. You expressly agree that our rights extend to any electronically deposited federal or state benefit payments (including Social Security benefits), as permitted by law. If you don't want your benefits applied in this way, you may change your Direct Deposit instructions at any time with the person or organization paying the benefits. The right of setoff does not apply if the debt is created under a personal credit card plan. If any federal benefits or other payments are deposited to your Account after you become ineligible to receive them, we may set off against any of your Accounts to recover the payments if we're obligated to return funds to the payor. This right of setoff does not apply to this Account if prohibited by law, including the Military Lending Act and its implementing regulations. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.You authorize the Bank to make adjustments to your Account to correct any errors, debit amounts to which you are not entitled, to correct any disputed amounts, and as necessary for reconciliation purposes. If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your Account, you authorize us to deduct the amount of our liability to the federal government from your Account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.
30. Unclaimed Property
State escheat and unclaimed property laws require us to close your Account and transfer your money to your last known state of residence, or the state where the Account was opened, if your Account is dormant for a period of time as defined by your state of residence. Your Account can become dormant if there is no transactional activity for a period of time specified by applicable state law or you do not communicate with us regarding your Account during such period. If your Account becomes dormant, you may no longer receive Statements. If your funds are remitted or escheated to the state, they are no longer deposit liabilities of the Bank to you, and you must petition the state to recover your funds.
31. Power of Attorney
A power of attorney is a document you sign that authorizes someone else, called the agent, to act on your behalf. If you sign a power of attorney, the agent can sign on your behalf and do anything you could do regarding your Account, including withdrawing or spending all of the money in your Account. If you choose to add an agent, you must provide a power of attorney form that we agree to accept. We may rely on a copy of an original power of attorney. We are not required to investigate the facts relating to any power of attorney provided to us on your behalf, including whether your signature on the power of attorney is authentic or whether the agent continues to have authority. We may follow or refuse to follow the agent's instructions at any time, including if we suspect fraud or abuse on your Account, unless applicable law requires otherwise. We may also refuse an agent's request to become a joint owner or a beneficiary of an Account, but we have no liability to anyone if we do so. We have no liability when we follow or refuse to follow any instructions from an agent, for example, if your agent misuses the authority you have given them.
32. Levies, Garnishments, and Other Legal Processes
If we are served with a subpoena, restraining order, writ of attachment or execution, tax levy, garnishment, search warrant, or other order relating to your Account (termed “legal action” in this section), we will comply with that legal action, and, in our discretion, we may freeze the assets in the Account and not allow any payments out of the Account until a final court determination regarding the legal action. In these cases, we will not have any liability to you if there are insufficient funds to pay any transaction using your Account because we have withdrawn funds from your Account or in any way restricted access to your funds in accordance with the legal action. Any fees or expenses we incur in responding to any legal action (including, without limitation, attorneys’ fees and our internal expenses) may be charged against your Account.
33. Resolving Account Disputes
We may place an administrative hold on the funds in your Account (refuse payment or withdrawal of the funds) if it becomes subject to a claim adverse to: (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your Account; or (3) a claim arising by operation of law. The hold may be placed for such a period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any transactions that are dishonored or returned as a consequence of placing a hold on funds in your Account for these reasons.
34. Closing Your Account
You agree to immediately notify Partner if you want to close your Account. You may request to close the Account through the Online Services or by sending an email to firstname.lastname@example.org. You must remove all funds from your Account before you request to close it. We may close this Account at any time upon reasonable notice to you and tender the Account balance by mail or transfer to an eligible Linked Account. Reasonable notice depends on the circumstances, and in some cases, such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the Account closure becomes effective. If we suspect fraudulent activity with respect to your Account, we might immediately freeze or close your Account and then give you notice.We may place limits on your Account before it is closed in order to prepare it for closing. Items presented for payment after the Account is closed or after your request to close the Account may be dishonored. When you close your Account, you are responsible for leaving enough money in the Account to cover any outstanding items to be paid from the Account. We may refuse to close your Account if your balance or available balance is negative, if you have any pending transactions on your Accounts, you owe us any amounts under this Agreement or any other agreement we have with you, or if we reasonably believe that closing your Account would cause risk to you or the Bank. After the Account is closed, we have no obligation to accept deposits or pay outstanding items but may do so at our discretion, and we may reopen your Account in order to do so. You agree to hold us harmless for honoring or refusing to honor any check, paper draft, or other item on a closed Account. Bank may close your Account if you revoke your consent to receive electronic communications from us or Partner, to the extent permitted by law.
35. Account Transfer and Assignment
This Account and your obligations under this Agreement may not be transferred or assigned without our prior written consent. We may transfer our rights under this Agreement and may transfer your Account to a successor financial institution. For commercial Accounts, an “assignment” includes any Change of Control of your business, including any merger, sale of more than 50% of the assets, or the acquisition by any party of more than 25% of the equity or any class of voting or non-voting securities. You must have a Company Signer authorized to use the Account and make transactions on your behalf at all times. You may change the Company Signer with our prior written consent and subject to our approval.
You acknowledge the inherent risks and responsibilities associated with conducting business via the internet and that there can be no assurance that inquiries or transaction activity will be completely secure, despite security procedures established by the Bank and/or Partner such as firewalls, passwords, and data encryption. You also understand that access to the Online Services will not be free from delays, malfunctions, or other inconveniences generally associated with this electronic medium, and further agrees the Bank and/or Partner are not responsible for any such delays, malfunctions, or inconveniences. You acknowledge that you are responsible for maintaining all equipment required for your access to and use of the Account. You authorize the Bank, Partner, or any third party acting on behalf of the Bank or Partner, to serve as an agent in processing transaction instructions received from you via the internet, and to post such transactions to the Account. You will be solely responsible for the timeliness, accuracy and adequacy of the data entered as well as the completeness of any instruction entered.
37. Disclaimer of Warranties
To the fullest extent permitted by law, the Bank and Partner do not make any warranties of any kind related to the Online Services, either express or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. Furthermore, the Bank and Partner do not warrant that the Online Services will be uninterrupted or error free, that defects will be corrected, or that the Online Services are free of viruses or other harmful components. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ONLINE SERVICES AND THE ACCOUNT IS AT YOUR SOLE RISK, AND THAT THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
38. Data and Information Supplied by You
You have the sole responsibility of ensuring the accuracy and correctness of the data you supply. You acknowledge and agree that we will not examine the data for correctness and that we will not have any responsibility for detecting errors in the data transmitted by you. The data you transmit must be correct and complete. We will not be liable to you for failure to process incorrect or incomplete data. You agree that you are solely liable for, and we will not have any liability whatsoever for, any data or other information that is not received by us or for any data or other information that is intercepted or altered by an unauthorized third party, to the fullest extent permitted by law. You agree that we have no obligation to accept any data or other information and, therefore, may reject any data or other information that you transmit or deliver in connection with this Agreement.
39. Transaction Limits
You agree that we, our service providers, agents, officers, directors, and employees (and the same of our subsidiaries and affiliates and our subsidiaries and affiliates themselves) (collectively, the “Indemnified Parties”) will not be liable for anything we do when following your instructions. In addition, the Indemnified Parties will not be liable if any such Indemnified Party doesn't follow your instructions if we reasonably believe that your instructions would expose us to potential loss or civil or criminal liability, or conflict with customary banking practices. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF WE FAIL TO STOP PAYMENT ON AN ITEM, OR PAY AN ITEM BEARING AN UNAUTHORIZED SIGNATURE, FORGED SIGNATURE, OR FORGED ENDORSEMENT OR ALTERATION, OUR LIABILITY, IF ANY, WILL BE LIMITED TO THE FACE AMOUNT OF THE ITEM. The foregoing limitation of liability will not apply where expressly prohibited by the laws governing your Account. For commercial Accounts, in no event shall the aggregate liability of the Indemnified Parties exceed the amount of fees paid by you during the preceding six (6) months. This Limitation of Liability section will survive termination of your Account.In the performance of the services required by this Agreement, the Bank and Partner are each entitled to rely solely on the information, representations and warranties you provide pursuant to this Agreement. Except as otherwise specifically provided by law, the Bank is only responsible for performing the services expressly provided for in this Agreement and is liable only in the event of loss due to its gross negligence or willful misconduct in performing those services, except as otherwise expressly set forth by this Agreement or required by applicable law. The Bank is not liable for any damages you may incur due to a delay in Partner providing the Bank with any notices or information Partner receives from you. Bank and Partner will have no liability and will be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communications facilities, equipment failure, war, act of terror, emergency conditions, or other conditions (such as fire or flood) beyond the Bank’s control. Any claim, action or proceeding by you to enforce the terms of this Agreement or to recover for any Account-related loss must be commenced within one year from the date that the event giving rise to the claim, action or proceeding first occurs, except to the extent that applicable law requires a longer timeframe. You agree to cooperate with the Bank in any loss recovery efforts the Bank undertakes to reduce any loss or liability that arises in connection with the Account.
40. Indemnity and Release
To the fullest extent permitted by law, you agree to release, indemnify and hold the Bank, Partner, and our respective officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement and applicable law; (3) any action or omission by you in violation of this Agreement or applicable law; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you. These indemnities will apply, without limitation, to any losses arising from the dishonor of any check or other debit item. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
41. Death or Incompetence
You agree to notify us promptly through your representative if you die or are adjudicated (determined by the appropriate official) incompetent (together, “Incapacitation”). We may continue to honor instructions until: (a) we know of your Incapacitation, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may continue to accept deposits and process transactions to your Account until we receive notice and any required proof of Incapacitation and may pay transactions initiated on or before the date of Incapacitation for up to 10 days after your Incapacitation unless ordered to stop payment by someone claiming an interest in the Account. If we receive notification or if we have reason to believe that you have become Incapacitated, we may place a hold on your Account and refuse all transactions until we know and have verified the identity of your successor. Your estate will be responsible for repaying us for any tax liability resulting from payment of your Account balance to your estate. You agree to hold us harmless for any actions we take based on our belief that you have become Incapacitated, or any notices of death or incapacitation that we receive. If certain payments originating from government entities are deposited into your Account after your death, we may be required to return those payments to the originator upon notice. If you owe us a debt at the time of your Incapacitation, we are authorized to exercise our right of setoff or security interest rights against the funds credited to your Account after your Incapacitation.
Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific delivery instructions provided, if any. If no delivery instruction is provided, notice must be given by emailing Partner at email@example.com. We must receive it in time to have a reasonable opportunity to act on it. Written notice we give you is effective when it is deposited in the United States Mail with proper postage and addressed to your mailing address we have on file or emailed to you at the email address we have on file for you. To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your Account. For example, if you deposit a check and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you unless required by Federal Regulation CC or other law.
43. Periodic Statements
We will make available a periodic statement for your Account monthly (“Statement”). We will make your Statement available through email or the Online Services, or by mail if a paperless Statement is not made available. We have made the Statement available to you on the day we notify you that the paperless Statement is available or we mail your paper Statement. You may also view your recent transaction history at any time through the Online Services. You agree to notify us promptly if you do not receive your Statement by the date that you normally would expect to receive it. You agree that the Statements have been delivered or made available to you in a reasonable manner. If we send any Statements after you have filed for bankruptcy, you acknowledge that such Statements are for informational purposes only and are not an attempt to collect a debt.
44. Consumer Reports
We may report information about you or your Account to a consumer reporting agency. If you believe that we have reported inaccurate or incomplete information about your Account to a consumer reporting agency, you have the right to file a dispute with that consumer reporting agency. You may also submit a dispute directly to us by writing to us at firstname.lastname@example.org.
45. No waiver
If we fail to exercise any right, that doesn't mean that we waive that right or any other right, and we may still enforce all of our rights in the future.
46. Governing Law
Your Account is governed by federal law and the laws of the State of Maine. We enter into this Agreement with you in Maine. Except as otherwise provided in the Arbitration Agreement, this Agreement and your Account are subject to applicable federal laws and laws of the State of Maine, without regard to internal principles of conflicts of law. Except as otherwise provided in the Arbitration Agreement, if any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. Transactions in your Account are also subject to the Nacha Rules, other applicable clearinghouse and Federal Reserve rules and regulations. Changes in these laws may change the terms and conditions of your Account. We will notify you of any changes as required by law.
We have put this section (“Arbitration Agreement”) in question and answer form to make it easier to follow. However, this Arbitration Agreement is part of this Agreement and is legally binding. For purposes of this section, our “Notice Address” is: Bangor Savings Bank, 24 Hamlin Way, Bangor, Maine 04401. By completing an application for the Account, and unless you are a “covered borrower” protected by the Military Lending Act or unless you promptly opt out of the Arbitration Agreement, you agree to the Arbitration Agreement even if you do not use the Account.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. THIS SECTION SETS FORTH THE CIRCUMSTANCES AND PROCEDURES UNDER WHICH DISPUTES (AS DEFINED BELOW) SHALL BE ARBITRATED UPON THE ELECTION OF EITHER PARTY INSTEAD OF LITIGATED IN COURT. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT.
A. Background and Scope
C. Arbitration Fees and Awards.