E-Banking Agreement and Disclosure
This E-Banking Agreement and Disclosure ("Agreement") describes your rights and obligations as a user of the E-Banking service or the Bill Payment service ("Services"). It also describes the rights and obligations of Enterprise National Bank N.J. Please read this Agreement carefully. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement.
The following definitions apply in this Agreement:
- "Authorized Representative" refers to a person with authority (with respect to the account);
- "Bill Payment" is the online service that enables the scheduling of bill payments using a personal computer;
- "ISP" refers to your Internet Service Provider;
- "E-Banking" is the internet-based service providing access to your account(s) held with Enterprise National Bank N.J.;
- "Online Account" means the bank account from which you will be conducting transactions using a Service;
- "Password" is the customer-generated code selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service;
- "PC" means your personal computer which enables you, with the Internet browser and ISP, to access your Online Account;
- "Time of day" references are to Eastern Standard Time;
- "Access ID" is the identification code chosen by you when you connect to the Service the first time;
- "We", "us", or "Bank" refer to Enterprise National Bank which offers the Services and which holds the accounts accessed by the Services
- "You" or "your" refers to the owner of the account or the authorized representative.
II. Access to Services
You will gain access to your accounts online through the use of your Internet-enabled device, your ISP, your Password and your Access ID. You may access your Online Accounts 24 hours a day, seven (7) days a week. However, availability of the Services may be suspended for brief periods of time for purposes of maintenance, updating and revising the software.
For purposes of transactions, the Bank's business days are Monday through Friday, excluding holidays and weekends. All E-Banking transaction requests received after 3 p.m. on business days and all transactions which are requested on Saturdays, Sundays, or federal holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day.
E-Banking Accounts and E-Banking Transactions
- Account Access/ Joint Accounts – E-Banking Access IDs are individually owned. Ownership is defined by tax identification number. All accounts held with Enterprise National Bank N.J. to which you are designated as owner will be available to you online. Joint account owners must apply individually to obtain their own unique Access ID and password to access the jointly held accounts. You agree that access to the information and all transactions initiated by the use of your Access ID and Password are authorized by you unless we have been notified to cancel the Service in accordance with the terms of this agreement.
- Account History You may retrieve up to two months of historical account detail online. It is important to continue to retain your account statements.
- Transfer of Funds In addition to viewing account information, you may use E-Banking to conduct the transfer of funds. You may make one-time transfers or schedule future or recurring transfers such as transfers to make loan payments. You may transfer funds among your checking accounts, statement savings accounts and money market accounts.
NOTE: Because regulations require the Bank to limit preauthorized transfers (including E-Banking transfers), the following limitations apply:
- Statement Savings and Money Market Accounts - Transfers from a statement savings or money market to another account or to third parties by preauthorized, Automated Clearing House (ACH), telephone or computer transfers or by check, draft, debit card, or similar order to third parties are limited to six per statement cycle.
- Additional Services New services may be introduced for E-Banking from time to time. The Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
III. Schedule of Fees
The convenience of Enterprise National Bank N.J.’s E-Banking Service is available to our consumer customers at no monthly charge for all account information services and transfers with the exception of the Bill Payment feature.
Returned ACH Bill Payment for Insufficient Funds:
$25 will be charged for each ACH Bill Payment returned for insufficient funds
Stop Payment Request for Online Bill Payments:
$25 will be charged for online billpayment stop payment requests
By accepting the terms of this agreement you authorize us to debit incurred fees from any of your deposit accounts held with Enterprise National Bank N.J..
You will continue to receive your regular monthly periodic statements unless there are no transfers in a particular month. In any case you will receive a statement at least quarterly.
V. Stop Payments
You may place stop payment orders respecting items drawn on, or electronic transactions affecting your accounts. You agree to follow the procedures set forth in the Deposit Account Agreement and Disclosure. The following information is required to be accurately provided to us as a condition to effecting a stop payment order: a) the number of the account against which the item is drawn; b) date of the item; c) item number; and d) exact account (dollars and cents) of the item. If any of the required information is incomplete or incorrect, we will not be responsible for failing to effectuate the order. A stop payment order becomes effective when we confirm its receipt and have verified that the item or transaction has not been paid. We will not be able to verify this immediately for items paid more than 60 days prior to your request. An oral stop payment notice expires fourteen (14) days unless confirmed in writing within that time. Stop payment orders are in effect for six months. From time to time, the online system may be inoperable. If that occurs, you may transmit stop payment orders by telephone instruction. You are advised that under applicable state law, stopping payment on a check may not relieve you of your obligation to pay the check.
If you have told us in advance to make regular payments out of your account, you can stop payment by giving us notice three 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Ability to process a bill payment stop payment request will depend on the payment method and whether or not the 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.
VI. Use of Your Security Password
You are responsible for keeping your Access ID and password confidential. Passwords are encrypted in our database. Neither Enterprise National Bank N.J. nor its Service Provider has access to this information. In order to protect yourself against fraud, you should adhere to the following guidelines:
- Do not give out your account information, Password, or Access ID;
- Do not leave your PC unattended while you are in the Bank's E-Banking Site;
- Never leave your account information within range of others;
- Do not send privileged account information or personal information (account number, Access ID’s, Password, social security number, driver’s license, etc.) in any public or general e-mail system including the link to email from within your E-Banking Account.
- Change your Password occasionally, such as every 90 days.
- Memorize your Access ID and Password and do not write it down.
If you believe your password has been lost or stolen, or if you suspect any fraudulent activity on your account, call Enterprise National Bank N.J. immediately at 877-604-5705 between the hours of 9:00 a.m. to 4:00 p.m., Monday through Friday. Telephoning the Bank is the best way of minimizing your losses and liability. (See; Section X)
If you believe your Password has been lost or stolen, please use the Password change feature within the E-Banking section of the Web site to change your Password.
We will never contact you via telephone or via e-mail requesting your Access ID or Password. If you are contacted by anyone requesting this information, please report it to us immediately.
Passwords are case sensitive and must be between 7 and 10 characters long, including one numeric, one upper case, and one special character.
VII. Electronic Mail (E-mail)/contact information
We will generally communicate to you via e-mail and may from time to time send you important notices regarding E-Banking, Bill Pay Service matters, and/or changes to this Agreement. It is required that you maintain your current e-mail address with us in order for us to deliver this information to you.
It is your responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers, and e-mail addresses.
We are not responsible for any payment processing errors or fees incurred if you do not provide accurate contact information.
If you send the Bank an e-mail message, the Bank will be deemed to have received it on the following business day. You should not rely on e-mail if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.
- NOTE: E-mail is not a secure form of communication. We advise you not to send us or ask for sensitive information such as account numbers, Passwords, account information, etc. via any general or public e-mail system.
VIII. Term and Termination
- Term. This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions.
- Termination for Cause. We may terminate your electronic banking privileges (including the Bill Payment Service) without notice to you under the following circumstances:
- you do not pay any fee required by this Agreement when due;
- you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing;
- the confidentiality of the security procedures is comprised;
- we have reason to believe that an unauthorized transaction has taken place involving your account or a service; or
We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.
- Termination for Convenience. To terminate this Agreement, you must notify the Bank and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). When Bill Payment is terminated, any prescheduled bill payments made through E-Banking will also be terminated. Your final charge for the Bill Payment service may be debited up to 60 days after termination. You may notify the Bank by one of the following methods:
- By sending an e-mail to email@example.com
- By calling 877-604-5705
- By writing a letter and either sending it to the following address: Attention:
Enterprise National Bank N.J.
Kenilworth, NJ 07033
or giving it to a Customer Service Representative at any Enterprise National Bank N.J.’s branch locations.
IX. Electronic Fund Transfer Provisions For Consumers
- Applicability. These provisions are only applicable to online electronic fund transfers that credit or debit a CONSUMER's checking, savings or other asset account and are subject to the Federal Reserve Board's Regulation E (an "EFT"). When applicable, the Bank may rely on any exceptions to these provisions that are contained in Regulation E. All terms that are not defined in this Agreement but which are defined in Regulation E shall have the same meaning when used in this section.
- Your Liability for Unauthorized Transfers. The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:
- 1. A consumer's liability for an unauthorized electronic fund transfer or a series of related unauthorized transfers shall be determined as follows:
- Timely notice given. Tell us at once if you believe your password or code has been lost or stolen or comprised in any manner. Telephoning is the best way of keeping your losses down. You could lose all the money in your account (plus your maximum overdraft line of credit) If you notify us within two business days after learning of the loss or theft of your password or code, your liability shall not be more than $50 if someone used your password or code without your permission.
- Timely notice not given. If you do NOT tell us within 2 business days after you learn of the loss or theft of your password or code, and we can prove that we could have stopped someone from using your password or code without your permission if you had told us, you could lose as much as $500.
- Periodic statement; timely notice not given. If your statement shows transfers that you did not make, including those made by using your password, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you or posted on our web site (provided you accept receiving electronic disclosures), you may not get back any money your lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
- Extension of time limits. If your delay in notifying us was due to extenuating circumstances, (such as a long trip or hospital stay) we will extend the times specified above to a reasonable period.
- 2. You may notify the Bank by telephone or in writing. Notification by e-mail to report an unauthorized transaction is not secure and therefore not advised.
- 1. A consumer's liability for an unauthorized electronic fund transfer or a series of related unauthorized transfers shall be determined as follows:
- Error Resolution Notice In case of errors or questions call 877-604-5705, or write us at: Attn: E-Banking Department, 490 Boulevard Kenilworth, NJ 07033 as soon as you can, if you think your statement or transaction record, or if you need more information about a transaction listed on the statement or transaction record.
We must hear from you no later than 60 days after we sent you the FIRST statement or First posted the statement on our web site on which the problem or error appeared. If you notify us verbally, we may require that you send us your complaint or question in writing within (10) business days. You will need to provide the following information:
- Your name and account number
- A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information
- The dollar amount of the suspected error and date on which it occurred.
We will determine whether an error occurred within (10) business (5 business days if involving a Visa transaction or 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point of sale transaction, or a foreign- initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days if involving a Visa transaction or 20 business days if the transfer involved a new account) 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. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.
We will tell you the results within three (3) business days after completing our investigation. If we determine that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation and debit the amount of the error that we previously credited. You may ask for copies of the documents that we used in our investigation.
- Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your E-Banking or Bill Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the E-Banking and Bill Payment services as delineated in this Agreement.
We will not be liable to you in the following instances:
- If through no fault of the Bank, you do not have enough money in your account to complete the transaction
- If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transaction despite reasonable precautions that we have taken.
- If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
- If your funds are subject to a legal proceeding or other encumbrance restricting the transaction.
- If your transaction authorization terminates by operation of law.
- If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately.
- If you have not properly followed the instructions on how to make a transaction included in this Agreement.
- If we have received incomplete or inaccurate information from you or a third party involving the account or transaction.
- If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.
- Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an E-Banking or Bill Payment account.
- Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an E-Banking or Bill Payment account.
- Virus Protection. The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
XI. Bill Payment Services
Enterprise National Bank N.J. bill payment service is provided through Check Free Services Corporation.
Description of Service. The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated E-Banking Bill Payment Checking Account to third parties you wish to pay.
No Signature Required. When any payment or other online Service generates items to be charged to your account, you agree that we may debit your Bill Payment account without requiring your signature on the item and without prior notice to you.
To utilize the bill payment feature you must first enroll and log into the E-Banking Service, after which you can opt to enroll for our bill payment service. Upon enrollment you will be asked to accept the terms and conditions set forth by Check Free Services Corporation.
XII. General Terms and Conditions
- Bank Agreements. In addition to this Agreement, you and the Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the E-Banking Service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule contained in this Agreement. We will automatically deduct the fees related to this Service from your Bill Payment Account each month.
- Changes and Modifications. The Bank may modify the terms and conditions applicable to the Services from time to time. We may send any notice to you via e-mail and you will have to be deemed to have received it three days after it is sent. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
- Assignment. We may assign this Agreement to an affiliate of the Bank or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent.
- Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically.
- Disclosure of Information. We will only disclose information to third parties about your account or transfers you make under the following circumstances:
- where it is necessary for the provision of E-Banking and for completing transfers;
- in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
- in order to comply with government or court orders, or other reporting requirements;
- if you give us your permission;
- as explained in our separate Privacy Disclosure
- at our discretion as allowed by NJ law providing for release of account information pertaining to actual or suspected illegal activities.
- Governing Law. This Agreement is governed by the laws of the State of New Jersey and applicable federal law.