York Traditions Bank
Business Online Banking Agreement
Introduction
This Business Online Banking Agreement (Agreement) governs the use of the Traditions Bank Online Banking Service (Service). The Service allows you to perform a number of banking functions through the use of a personal computer, mobile access device or any other internet capable device and the Internet. This Agreement establishes the terms and conditions for electronic access to the Service. By using the Service, you agree to abide by the terms and conditions of this Agreement and acknowledge your receipt and understanding of the disclosures contained in this Agreement.
For purposes of this Agreement, the words "we", "our", "us", "Bank" and other similar terms mean Traditions Bank. "You", "Your", "User", "Customer", "Company" and other similar terms refer to the Business(es) to which these account(s) belong and anyone else authorized by that Business(es) to exercise control over the account funds through the Service. "Account" or "Accounts" means your accounts at the Bank.
Access Requirements
Equipment and Software
To access the Service you must have an active account with an Internet Service Provider (ISP), an Internet browser software program from software publisher(s): Internet Explorer 11or higher , Mozilla Fire Fox 66 or higher, Chrome 70 or higher, or Edge 40 or higher . We may change these specifications from time to time. You are solely responsible for the equipment (including your personal computer and software) you use to access the Service. You may incur additional expenses for additional items, including but not limited to telecommunications service or internet service charges related to the use of the Service. We are not responsible for errors or delays or your inability to access the Service caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the Service requirements nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon. We do not warrant nor will we be responsible for any errors or failures from the malfunction or failure of your equipment or services by your ISP.
User ID and Password Responsibility
To initially access the Service you will use a User ID and temporary Password assigned by the Bank. With your first access to the Service, you will be asked to designate your own Password that meets certain specifications as well as other layers of security explained in the instructions.
You agree to keep your Service access information confidential to prevent unauthorized access and use of your accounts. For security purposes, we recommend that you memorize this information. Your Password is an identification code that is personal and confidential. The use of the Password with the Service is a security method by which we are helping you to maintain the security of your account(s). Therefore, YOU AGREE THAT YOU WILL NOT DISCLOSE YOUR PASSWORD TO ANYONE AND THAT YOU WILL TAKE ALL REASONABLE PRECAUTIONS TO ENSURE THAT NO ONE ELSE LEARNS YOUR PASSWORD.
If you suspect your access information is lost or in the hands of an unauthorized user, tell us at once. We reserve the right to block your access to the Service to maintain or restore security to our web site and systems, if we reasonably believe your access information has been or may be obtained or is being used or may be used by an unauthorized person(s).
We are entitled to act upon instructions we receive with respect to the Service under your User ID and Password and you are liable for all transactions made or authorized with the use of your User ID and Password. We have no responsibility for establishing the identity of any person who uses your User ID and Password. You agree that if you give your User ID and Password to anyone or fail to safeguard its secrecy, you do so at your own risk since anyone with your User ID and Password will have access to the Service.
You agree to indemnify and release the Bank from any and all liability, and agree not to make any claim against the Bank or bring any action against the Bank, relating to its honoring or allowing any actions or transactions that were conducted under your User ID and Password or acting upon messages or authorizations provided to us using your User ID and Password. You agree that the security procedures we have established for the use of Online Banking and any other services that you have accepted through the use of Online Banking are commercially reasonable and accept the level of security provided.
Security
The Bank is committed to the security of our customers’ accounts and information. Notwithstanding our efforts to ensure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that data transfers utilizing the System, or e-mail transmitted to and from us, will not be monitored or read by others. Similarly, you must take every precaution to ensure the safety, security, and integrity of our Service.
Unauthorized Access and Security Procedures.
The Bank shall take reasonable precautions to protect the confidentiality of Customer’s data. Customer agrees to indemnify and hold harmless the Bank from any and all loss of damage suffered as a result of any unauthorized use by the Customer, its officers, agents, employees, or independent contractors of the Service or the use of any information obtained by such unauthorized access. Customer will be solely responsible for protecting against unauthorized access to the Service’s administrative functions and personal computers or networks used to access this Service and any and all losses and damages arising from any unauthorized access to the Service. Customer will establish physical security, passwords and other security procedures necessary to ensure the confidentiality of access features. Customer will make such procedures and security features known only to those authorized representatives of the Customer who will use the Service. The implementation of such security procedures shall not relieve the Customer of its indemnification obligations under the succeeding sentences. Bank will have no obligation, liability or control, either directly or indirectly over said procedures or the failure of the Customer to maintain said procedures. Customer will be solely responsible for designating its authorized representatives and disclosing the identity of said representatives, and all changes thereof, to the Bank. Any instructions, directions or other information provided by Customer, or any representative of Customer, under the Service will be deemed to have been authorized by Customer, and Bank will be indemnified and held harmless by Customer for acting upon any such direction, instruction or information.
The Bank strongly recommends that Customer set procedures that require two individuals to participate in all transfer transactions utilizing Service (i.e. one individual enters the transaction and a second individual reviews and approves the transaction). If Customer elects to override the Bank’s recommendation and allows transfer transactions to be performed by only one individual, Bank will not be liable for any loss or damage suffered by Customer or any other party as a result of errors or intentional acts by Customer or its agents, including but not limited to the misuse of login ID’s and passwords.
The following guidelines, although not inclusive, may assist you in helping to maintain the security of the information used by the Service. Bank makes no warranty of any kind that implementation of these guidelines will prevent any or all unauthorized transactions on Customer’s Account(s).
Computer Security:
Layered System Security
Use appropriate tools to prevent and deter unauthorized access to your network and periodically review such tools to ensure they are up to date. These tools include: firewalls; Security suites; Anti-botnet, anti-malware, and anti-spyware programs; encryption of laptops, hard drives, VPNs or other communication channels; education of all computer users.
Install robust anti-virus and security software for all computer workstations and laptops and ensure that such software is automatically patched regularly and remains current.
Implement multi-layered system security technology. Anti-virus software alone will not protect a business from most threats. Layering security software constructs a multi-level barrier between businesses’ networks and criminals attempting to access such networks.
Implement security suites so all security options (i.e., firewall, anti-virus, anti-spyware, anti-malware, etc.) work harmoniously to provide superior protection.
Online Banking Safety
Create a secure financial environment by dedicating one computer exclusively for the Service. This computer should not be connected to the business network, have e-mail capability, or connect to the Internet for any purpose other than the Service.
Disallow a workstation used for the Service to be used for general Web browsing and social networking.
Do not leave a computer unattended while you are connected to the Service.
Verify use of a secure session ("https") in the browser while accessing the Service.
Do not access the Service from free Wi-Fi hot spots like airports or Internet cafes.
Cease all online banking activity if the Service appears different and not legitimate. Do not continue and contact Traditions Bank immediately.
Education
Educate all employees about cybercrimes so they understand that even one infected computer can lead to an account takeover.
Educate all employees to think critically about each email and phone call received. Ask, "Does this make sense?" before taking action in response to an email or phone call. Do not open suspicious emails from unknown persons as this could expose a computer and the network to malware.
Websites
Block access to unnecessary or high-risk websites. At a minimum, a business should prevent access to websites that employees should not visit during work hours. Common sites that carry high-risk include adult entertainment, online gaming, social networking and personal email.
User Accounts
Establish user accounts for every computer and limit administrative rights. Many malware programs require the user to have network administration privileges to infect the computer. Employ the "user" setting to avoid unintentionally downloading a credential-stealing program.
Require all employees to use strong passwords and change their passwords frequently on both the computer and the Service.
Do not send your User Id and/or Password or account information over any public or general email system.
Promptly deactivate or remove access rights of employees who no longer require access.
Set "user limits" for ACH and wire transfer initiation via the Administration in the Service
Account Security:
Dual Control
Initiate payments under dual control, with assigned responsibility for transaction origination and authorization. Dual control involves file creation by one employee with file approval and release by another employee.
Reconcilement
Reconcile accounts online daily; at a minimum, review pending or recently sent ACH files and wire transfers.
Report Suspicious Activity
Monitor and report suspicious activity to the Bank immediately. Ongoing monitoring and timely reporting of suspicious activity are crucial to deterring or recovering from fraud.
Credentials
Avoid having employees initiate and authorize payment transaction with supervisor rights. It is recommended that supervisor rights issued by the Bank not be used for day-to-day processing.
Other Agreements
The terms and conditions of the deposit agreements and disclosures for each of your Bank accounts, in addition to your other agreements with the Bank such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.
Bill Payment
Utilization of Bill Payment requires that you accept the terms and conditions for the bill payment service.
Automated Clearing House (ACH) Transactions
Utilization of functions to originate ACH transactions requires the execution of an "Automated Clearing House (ACH) Originator Agreement."
Wire Transfers
Utilization of the functions to originate wires requires the execution of a "Wire Transfer Agreement."
Limitations on Transfers
We reserve the right to limit the types and number of accounts eligible for the Service, including the right to refuse to make any transactions you request through the Service.
Cutoff Hours and Business Days
Some options under the Service are subject to processing cutoff hours. Information on cutoff hours is available by calling us and may also be found in separate agreements with us. Our business days are Monday through Friday, excluding holidays. Instructions received after the cutoff hour or on a non-business day may be deemed received as of the next business day. Services may occasionally be unavailable due to needed maintenance or system/network interruptions.
Service Fees and Charges
Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Account for these amounts and any additional charges that may be incurred by you. Any fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or internet service fees that may be assessed by your telephone and/or Internet Service Provider.
Alterations and Amendments
This Agreement, applicable fees and service charges may be altered or amended by the Bank from time to time. In such event, the Bank shall provide notice to you. Any use of the Service after the Bank provides you a notice of change will constitute your agreement to such changes(s). Further, the Bank may, from time to time revise or update the applications, services and/or related material, which may render all such prior versions obsolete. Consequently, the Bank reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service’s more recent revisions and updates.
Address or Banking Changes
It is your sole responsibility to ensure that the contact information is current and accurate. This includes, but is not limited to name, address, phone numbers and email addresses. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Bank is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
Disclaimer of Warranty and Limitation of Liability
Except as otherwise stated in this Agreement, we will be liable to you only for damages arising directly from our intentional misconduct or gross negligence in the performance of the Service. We will not be responsible for any loss, delay, cost or liability to the extent that it arises, directly or indirectly, in whole or in part, from: (a) your actions or omissions, or those of third parties which are not within our immediate and reasonable control; (b) your negligence or breach of any agreement with us; (c) any ambiguity, inaccuracy or omission in any instruction or information provided to us; (d) any error, failure or delay in the transmission or delivery of data, records or items due to a breakdown in any computer or communications facility; (e) accidents, strikes, labor disputes, blackouts, civil unrest, fire, flood, water damage (e.g., from fire suppression systems), or acts of God; (f) causes beyond our reasonable control; (g) the application of any government or funds-transfer system rule, guideline, policy or regulation; (h) the lack of available funds in your account to complete a transaction; (i) our inability to confirm to our satisfaction the authority of any person to act on your behalf; or (j) your failure to follow our Service instructions. There may be other exceptions to our liability, as stated in your account or other agreements with us.
We will not be responsible under any circumstances for special, indirect, or consequential damages which you incur as a result of our actions or omissions, even if we are aware of the possibility for such damages. Our liability and your remedy for actual costs and losses resulting from our failure to transmit funds in the correct amount or to the correct payee listed in your instructions shall not exceed the direct money damages that you incur as a result of the failure (e.g., the amount of a payment that is sent to the wrong party, or the amount by which a transfer exceeds the amount you authorized, plus interest as permitted by law).
Any claim, action or proceeding by you to enforce the terms of this Agreement or to recover for any Service-related loss must be commenced within the time frames outlined in the agreements governing your Accounts. You agree to cooperate with us in any loss recovery efforts we undertake to reduce any loss or liability that arises in connection with your Service. You acknowledge that our Service fees have been established in consideration of: (a) these limitations on our liability; (b) your agreement to review statements, confirmations, and notices promptly and to notify us immediately of any discrepancies or problems; and (c) your agreement to assist us in any loss recovery effort.
Site Inspection and Visitation
You are subject to an on-site inspection at any location of your business at any time and from time to time at the sole discretion of the Bank to ensure compliance with the provisions of this Agreement. The Bank shall not be liable or responsible to you or any third party for any loss, bodily harm, property damage, claims or the introduction of a virus or other malicious code into your system, including any which allegedly delay, alter or corrupt your data, whether related to the transmission of imaged items or other data to the Bank, or whether caused by the Service, the Bank, Internet Service providers, Internet Browsers, or other parties providing communication services to or from the Bank to you in connection with the Bank’s entry on your premises for the purposes of installation or maintenance of the equipment, the Service, and for the purpose of conducting an on-site inspection.
Notices, Instructions, Etc.
The Bank shall be entitled to rely on any written notice or other written communication believed by it in good faith to be genuine and to have been signed by an Authorized Representative, and any such communication shall be deemed to have been signed by such person.
Except as otherwise expressly provided herein, any written notice or other written communication required or permitted to be given under this Agreement shall be delivered or sent by United States registered or certified mail, postage prepaid, or by express carrier, and, if to the Bank, addressed to:
Traditions Bank
226 Pauline Drive
PO Box 3658
York, PA 17402
Attn: Electronic Banking Department
And, if to Company/Companies, Bank will use the address as provided in its records by Company/Companies unless another address is substituted by notice delivered or sent as provided herein. Except as otherwise expressly provided herein, any such notice shall be deemed given when received.
Termination
This Agreement continues in full force and effect until terminated. You may terminate this Agreement and your use of the Service at any time by calling Customer Service at 717-747-2600 or by sending a written termination notice to Traditions Bank, 226 Pauline Drive, PO Box 3658, York, PA 17402. Your termination notice will be confirmed by mail. You authorize us to complete fund transfers until we have had a reasonable opportunity to act upon your termination notice.
We may terminate this Agreement and your use of the Service at any time without cause or prior notice. This Agreement and your use of the Service will be terminated automatically if your Account(s) is closed or access to your Account(s) is restricted for any reasons. This Agreement and your use of the Service may be terminated at any time without prior notice due to insufficient funds in one of your Accounts. After termination on such basis, you may again enroll once sufficient funds are available in your Accounts to cover any fees and other pending transfers or debits. We reserve the right to temporarily suspend the Service in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your access information as an indication of attempted security breach. Termination of the Service does not affect your obligations under this Agreement with respect to occurrences before termination.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws or their provisions.
Indemnification
Customer, in consideration of being allowed access to the Bank's Service, agrees to indemnify and hold Traditions Bank harmless for any losses or damages to the customer resulting from the use of the Service, to the extent allowed by applicable law. Customer understands that only the individual with Main Administrator rights and authorized individuals are authorized to use the Service and that such use signifies agreement to the terms and conditions set forth in this Agreement.
Headings
Headings are used for reference purposes only and shall not be deemed a part of this Agreement.
Acknowledgement
By selecting the "Accept" button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting "Accept" you acknowledge that you have read and understand this Agreement and the separate agreements, disclosures, schedules and exhibits as they appear on the Bank's website or given to you, including but not limited to, optional services (if selected by you). You also acknowledge that this Agreement encompasses all Companies to which you have online access now and in the future. You consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Traditions Bank instructions via Online Banking, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Traditions Bank. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of these accounts and that such persons will be bound by the terms of this Agreement. You further agree that each use of your E-Signature in obtaining a Traditions Bank Online Banking services constitutes your agreement to be bound by the terms and conditions of the Traditions Bank Business Online Banking Agreement as it exists on the date of your E-Signature and any changes that may be communicated to you in the future.