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Notwithstanding any reference to The Huntington National Bank, until September 21, 2007 the words "The Huntington National Bank" mean The Huntington National Bank, and after that day the words "The Huntington National Bank" mean The Huntington National Bank. Terms and Conditions of Accounts The owner(s) of the account opened through the Banking Center is (are) referred to in these Terms and Conditions as the "Depositor" or "your", or "you". DISCLOSUREAll deposit accounts offered through the Banking Center will be opened with The Huntington National Bank. Affinity Financial Corporation, the provider of the Banking Center site, (hereafter referred to as AFC), acting as your Agent for the deposit account(s) you open through the Banking Center, will be authorized to direct your funds to be withdrawn from The Huntington National Bank for deposit into an FDIC insured account at one of the FDIC insured financial institutions who participate in the Banking Center Program (hereafter called a Participating Bank). See the FDIC Info Page for a list of the Participating Banks. AFC will determine the interest rates you receive in accordance with the rate and fee disclosures updated from time to time on the Banking Center website. Participating Banks may compensate AFC in excess of the interest paid on your deposit account. Your deposit account(s) will at all times be insured by the FDIC to the full extent permitted under the law, whether they are held by The Huntington National Bank or one of the other participating banks. You may contact Customer Service if you have any questions or if you do not want AFC to deposit your funds into a particular FDIC insured financial institution listed as participating in the Banking Center Program. AFC has contracted with The Huntington National Bank (hereafter referred to as the Bank), to provide all deposit products, deposit processing services, ATM, other transaction, administrative and customer care services on all accounts opened through the Banking Center, pursuant to these Terms and Conditions. The Bank will be the provider of these services regardless of which Participating Bank holds your funds, however the Bank is not liable to you for the payment of interest earned on your account, or for funds deposited in your account, when your funds are held by any Participating Bank other than the Bank. BASIC AGREEMENTBy submitting an application for any Banking Center product or service, you certify that everything you have stated in this application is correct and agree that the Bank may keep this application whether or not it is approved. By submitting an application, you authorize the Bank to obtain a consumer report and to check employment history as part of the review of your application. You also authorize the Bank to obtain consumer reports in the future when updating, renewing, collecting, or extending your account. You agree that accounts will be opened solely at the Bank's discretion, and if you do not qualify for the account(s) you requested, the Bank may open accounts with different features from those selected at the time of application. All accounts held by the Bank and or other Participating Banks will be governed by the laws of the State of Indiana and applicable federal law. You understand that the use of these account(s) opened in connection with this offer, will constitute acceptance of and subject you to the terms and conditions that govern these account(s). By opening an account through the Banking Center you appoint Affinity Financial Corporation to act as your Agent for the limited purpose of directing the funds in your account(s) to be withdrawn from one Participating Bank and deposited into an account at any other of the Participating Banks (excluding any that you have notified AFC should not be a depository of your funds). You authorize and direct the Bank and each other Participating Bank to act in accordance with instructions given by AFC. You agree that the Bank has no obligation to supervise any action taken by AFC in connection with your account(s), or to investigate or confirm whether funds withdrawn by AFC from an account with the Bank are deposited into an FDIC-insured financial institution. The Bank is not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable connections, or failed, incomplete, or delayed computer transmissions in connection with an application. The Bank reserves the right, in its sole discretion, to cancel, terminate or suspend the use of online applications in whole or in part, for any reason, including, without limitation, the presence of virus bugs, non-authorized human intervention or other causes beyond its control. By confirming that you agree to the above statements, your application will be sent to the Bank. If you submit your application electronically, you understand that the Bank does not guarantee the security of the data and will not be held responsible or liable for interception of the data by third parties. If you do not agree to the above statements, please cancel your application. Depositor agrees the Bank may act in reliance upon the signatures on the Signature Card(s) in payment of funds and in the transaction of all other business related to the account. Depositor, upon executing the Signature Card, has acknowledged that the account is subject to the Terms and Conditions, which affect it, including all amendments thereto which may be made from time to time and communicated by the Bank or AFC. Copies of these Terms and Conditions, as amended from time to time, are provided (for viewing or printing from the Banking Center web site) to Depositor upon the opening of an account. TAXPAYER IDENTIFICATION NUMBER CERTIFICATION (Substitute W-9) Under penalties of perjury, you certify that:
The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding. Tax ID The social security number (SSN) or tax identification number (TIN) of the Depositor must be supplied when opening the account. Insurance & Accounts The Bank reserves the right to refuse to open an account for any purpose. Each account is opened at the Bank, but funds in the account may be withdrawn at AFC's direction and deposited in another Participating Bank. AFC represents and warrants to you that in either case, your funds will be insured by the FDIC, up to One Hundred Thousand Dollars ($100,000) per customer. See the FDIC Info Page for a list of Participating Banks. Deposits & Collections Items received for deposit or collection shall be subject to all agreements, the laws and regulations of the State of Ohio pertaining to bank deposits and collections, applicable clearing house rules, and applicable federal statutes, rules and regulations. Minimum initial deposit amounts are set for all accounts. Additional deposits, with the consent of the Bank, may be made in any amount by methods, including but not limited to, mail or wire. In receiving items for deposit or collection, the Bank acts only as Depositor's collection agent and assumes no responsibility beyond the exercise of due care in a commercially reasonable manner. Deposits received after the posted cut off time (5:00 pm Eastern Standard time) shall be deemed received the next business day, and all items are credited subject to final payment in cash or solvent credits. Deposits of such checks or items returned to the Bank unpaid by the financial institution they were drawn on will be charged to Depositor's account or be paid by Depositor. If there are special fees for collecting deposits, Depositor promises to pay them too. For just cause, the Bank can refuse, limit or return a deposit. Any credit given on items shall be subject to charge back upon nonpayment within the period allowed by law. A "hold" or "float" may be placed on such funds (see Funds Availability). Withdrawals or Check Cashing If you have a money market or savings account, although you may normally make withdrawals from your account at any time, under federal regulations we can require you to give the Bank 7 days prior notice of any withdrawal. Under federal regulations you are limited to a total of no more than 6 withdrawals, including transfers and payments, in any monthly statement period by certain methods. However, if you receive quarterly statements, this period will be each calendar month ending on the last business day of the month. These methods are by preauthorized or automatic transfers and payments or by telephone agreement, order or instruction. A total of only 3 of these may be made by check, draft, debit card or similar order payable to third parties. We do not necessarily offer any or all of these methods of withdrawal from your account. If you exceed these limits, we can refuse to permit the excessive withdrawal(s), terminate your preauthorized, automatic, or third party transfer and payment privileges, convert your account to a transaction account, stop paying interest on your account, and/ or close your account. Stale Dates and Post Dated Checks The Bank can refuse to process or pay checks which are more than six (6) months old unless the check has been certified. If a stale dated check, a check more than six (6) months old ,is paid in good faith, Depositor's account can be charged the amount of the check. Depositor agrees not to post date checks. Overdrafts – Charges The Bank may return a check or item issued against Depositor's account that is ascertained to be drawn against insufficient funds. If Depositor writes a check for more money than which is in an account, Depositor will be overdrawn and the Bank may return the check unpaid. Because extra work is involved, Depositor may be required to pay a fee for each check returned. Also, The Bank may pay a check, draft, or other item, or allow an in-person withdrawal, or withdrawal or transfer by other electronic means, or debit fees posted to your account even if this creates an overdraft. Depositor also may be required to pay a fee for each day Depositor's account remains overdrawn. Service & Maintenance Charges For each account, whether active or not, Depositor agrees to pay such service and maintenance charges as the Bank imposes from time to time. Depositor authorizes the Bank to deduct or debit such charges (as well as any other fees and charges that are owed to the Bank) from Depositor's accounts (whether such accounts are held by the Bank or by another Participating Bank). The Bank shall not be liable for any checks, drafts, notes, acceptances or other instruments that are dishonored because of insufficient funds resulting from the deduction or debiting of these charges. The Bank and AFC will post, advertise or otherwise notify Depositor via the Banking Center web site Rates and Fees page of any significant changes or new policies in regard to service and maintenance charges that may occur from time to time. Stop Payment of Check Depositor has the right to request a stop payment on any check not certified but drawn by Depositor on an account. Stop payment may be placed on an official check when the Depositor signs an Indemnification Agreement stating the item was lost, stolen or destroyed. Depositor's request must be received in such a manner as to give the Bank reasonable time to act on the request and to notify all affected parties. The Bank reserves the right to charge a fee for this service and to require Depositor to indemnify the Bank for any loss it may incur. Depositor should understand that a stop payment may not be legally effective and cannot be honored if the check has been deposited, cashed or assigned by the payee. Withdrawals -- Savings Accounts -- Money Market Savings Money can be withdrawn from an account by signing a withdrawal order or completing an authorization. This can be done by several methids, including but not limited to, mail or through the Banking Center web site Requests page. Properly authorized telephone withdrawals may be honored as well, but the Bank reserves the right to refuse a telephone withdrawal request for any reason. Withdrawals may also be made by ATM card. See Rates and Fees for additional information regarding withdrawal limitations. Tax Reporting Interest income may be taxable to Depositor. Interest will be reported to the Internal Revenue Service at the end of the calendar year. The earned amount will be reflected on the Depositor’s 1099 Statement showing the account number and SSN or TIN of Depositor. Statements & Change of Address Statements of account and other notices may be mailed periodically to Depositor's last known address. Accordingly, Depositor should advise the Bank of any change in address promptly. The statement will reflect your account record as maintained at the Bank and will be deemed correct unless within 30 days from the time the Bank mails the statement unless a longer period is required by Federal law, Depositor notifies the Bank of any errors or forgeries related to the address change. If the statement is returned for an incorrect address, further mailing may be suspended until the Bank receives a correct mailing address. Dormant Accounts Under applicable state law, the money in your account will be considered abandoned and payable to the state of the last address we have for you in our records if a specified period of time has passed and you do not: •make a deposit or withdrawal; or •inquire about or take any other action in connection with your account. It is important that Depositor's address is kept current. If Depositor does not receive a statement or notice of the interest paid on an account (1099 form) at the end of the year, they should contact the Bank to verify it has the correct address on its records for Depositors' accounts. Right to Offset Monies Owed the Bank If Depositor owes the Bank money, then the Bank shall have the right to offset any account Depositor has with the Bank and/or other Participating Banks, including a multiple party account, to pay the debt except when prohibited by law. Legal Proceedings – Liens If Depositor becomes involved in legal proceedings, the use of Depositor's account may be restricted in the event the Bank is presented with appropriate documents from proper judicial or other authorities. Depositor's account may also become subject to attachment or seizure to satisfy tax or other liens properly obtained. Checks Checks may be written only on forms that are acceptable to bank. The Bank reserves the right to refuse to process or pay a check written on any other form as well as checks drawn on acceptable forms which have been improperly completed or are incomplete. Closing Account Depositor can close an account at any time for any reason. The Bank can also close (and Depositor gives the Bank the right to cause a Participating Bank to close) Depositor's account at any time. If the Bank does so, it will mail Depositor a notice and a check for the final balance to the last known address of record. Closing a time deposit account prior to maturity is subject to an interest penalty. Closing an account within 180 days after date of opening may be subject to a service charge. Assignment of Account - Savings Account Depositor may not assign or transfer any interest in any account or any other type of savings plan offered by the Bank unless the Bank's consent has been obtained first. The balance reflected in the statement of account of Depositor is for the Depositor's guidance and is not to be taken as correct unless verified with the books of the Bank. Service Charges Depositor agrees to pay all service charges and fees imposed by the Bank from time to time with respect to the account(s). Schedules of the Bank's current charges and fees are available on the Banking Center web site Rates and Fees pages. Account Types (Ownership) Personal Accounts
If Depositor opens and maintains an account in his, her or its name only, even though a designation as “agent” or “trustee” may be added, the Bank will consider it as an individual account or individual ownership. Payment after death of Depositor may be made to a Personal Representative or heirs and shall be subject to the laws relating to devise and descent, including laws relating to inheritance and succession taxes.
Joint account ownership is established at the time the account is opened by Depositor. The Bank must be supplied with all signatures within 30 days of account opening or the account reverts to an individual account. After the account is established and the Signature Card is on file, ownership cannot change during the life of the account without the written consent of all owners. NOTE: The death of an accountholder or a court order is considered an exception to this policy.
Multiple Party Accounts are accounts in which more than one individual has an interest, contingent interest, or authority to act at any one time. Such accounts may be JOINT ACCOUNTS (all persons named in the account are "owners"). POD/ITF ACCOUNTS ("owners" have a current interest with the other individuals named as beneficiaries, ITF or POD payees to receive the amount remaining in the account if any, upon death of the last surviving original owner;hence, Payable On Death/POD/In Trust For/ITF), or TRUST ACCOUNTS (all named Trustees possess the authority to act and are as fiduciaries for the beneficiaries of the trust). All joint owners, original owners and POD/ITF payees, Trustees and beneficiaries must be named on the account title. Any or all of the "owners" or trustees of these accounts may make deposits and withdrawals from the account. Each joint owner, original owner or trustee appoints the other as his or her attorney-in-fact with the power to deposit to or withdraw from the account or endorse any check, draft, note or other instrument payable to the other joint owner, original owner or trustee of the account for deposit to the account. The Bank also has the right to endorse any checks or drafts, or other orders of payment made payable to any of the owners or trustee and deposit the same into the respective account. Rights of survivorship exist between joint owners. Payment to a surviving owner shall be subject to the laws relating to inheritance and succession taxes, including any rules and regulations pertaining thereto. Upon the death of the last survivor of all persons named on the account, including beneficiaries or POD/ITF payees, the funds remaining on deposit will be paid to the duly authorized Personal Representative or upon proper proof of no such representative to the heirs-at-law entitled thereto.
If Depositor is a fiduciary, affixing its signature on the Signature Card certifies that he or she is authorized to execute the signature on the card in the capacity so stated. Depositor also agrees to furnish documents or agreements as shall be needed or requested by the Bank to evidence its capacity and authority relating to the opening and maintenance of the account.
Depositor may make a transfer of money to a minor and name a custodian, usually a parent, to assume the responsibility of making deposits and withdrawals for the minor's use. This account will be construed according to the provisions of the Uniform Transfers to Minors Act under Ohio law.
The Bank is not required to honor any requests, instructions or directions from you or on your behalf with respect to multiple signature or multiple authorization requirements for access to this account or for any other matters with respect to this account (referred to as "special requirements"). The Bank may allow any of the persons designated as authorized signers on the signature card or other records we maintain for this account to sign checks or other items to withdraw funds or otherwise to authorize transactions or other matters with respect to this account. The Bank is not bound by any special requirements, whether or not we know about them or whether or not you include them in signature cards, resolutions, or other documents provided by or delivered to us in connection with this account. The Bank has no duty to monitor your account for compliance with any special requirements. The Bank has no liability for not complying with any special requirements. Business Accounts
Notice The provisions applicable to Depositor’s account may be revised or amended at any time and when required by law will provide 30 days notice prior to the change. Notice of the change will be mailed to the last known address or email address of record provided by the Depositor or be posted on the Banking Center web site and/or included in Depositor’s statements of account. The amount of any fees charged by the Bank in connection with Interest Checking and Savings accounts are set forth in a separate schedule available at the Banking Center’s web site Rates and Fees pages. The Bank upon a 30 days' notice prior to the effective date may adjust this fee schedule. Notice will be deemed to have been given to Depositor when the notice is posted at the Banking Center's web site Rates and/or Fees pages. Any regulation changed due to bank regulatory authority shall be effective without further notice. Depositor's account will be subject to all provisions of the Ohio Uniform Commercial Code, agreements between the Bank and any correspondents or collecting depository institutions, the Signature Card Depositor has signed, and any rules and regulations concerning Services, Accounts or Fees which have been or may be adopted by the Bank. To contact the Bank in writing direct inquiries to this institution in care of: The Huntington National Bank Severability In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable. Information Authorization You agree the Bank reserves the right to obtain financial information regarding your account from a merchant or financial institution to resolve payment-posting problems. Disputes In the event of a dispute with the Bank, you and the Bank agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Bank which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Bank relating to the subject matter of this Agreement. If there is a conflict between what one of the Bank’s employees says and the terms of this Agreement, the terms of this Agreement shall control. Assignment You may not assign this Agreement to any other party. The Bank may assign this Agreement to any future, directly or indirectly, affiliated company. The Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties. No Waiver The Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. Captions The captions of Sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions for this Agreement. Governing Law This Agreement shall be governed by the laws of the state of Ohio and, where applicable, by federal law. End of "Terms and Condition of Accounts" Funds AvailabilityThe following information is a disclosure of the Bank's policy regarding the availability of funds you deposit into your checking account with the Bank. The policy is to make funds from your deposits available to you according to the type of deposit you make. The term "check" as used in this policy does not include a non-cash item, an item payable in medium other than Your ability to withdraw funds from your account Funds from your deposits generally will be available to you on the first business day, second business day, or fifth business day after the Bank receives your deposit. If there is a delay in your availability of funds, you may not withdraw the funds in cash and the funds will not be used to pay checks you have written. Determining the Availability of a Deposit The length of any delay is counted in business days from the day of your deposit. Every day is a business day except Saturdays, Sundays and federal holidays. If you make a deposit before the applicable cut-off time on a business day when we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after the applicable cut-off time, or on a day that we are not open, we will consider that the deposit was made on the next business day we are open. Please note that the applicable cut-off time is posted in each banking office; the earliest cut-off time for deposits made in person to one of our employees is 2:00 p.m. local time. Finally, if you mail us a deposit and we receive your deposit on a business day when we are open, we will consider the deposit made on the business day we receive your deposit. However, if we receive your deposit that you mailed to us when we are not open, we will consider that the deposit was made on the next business day we are open. The length of the delay varies depending on the type of deposit and is explained in the following chart:
Longer Delays May Apply Funds you deposit by check may be delayed for a longer period under the following circumstances:
The Bank will notify you if it delays your ability to withdraw funds for any of these reasons, and will tell you when the funds will be available. They will generally be available no later than the eleventh business day after the day of your deposit. The Depositor should ask if the Depositor needs to be sure when a particular deposit will be available for withdrawal. End of "Funds Availability" Truth-In-Savings DisclosureInterest Rates Interest rates are determined by AFC, not the Bank. Rates are quoted weekly for all accounts where applicable. Interest rates and annual percentage yields may change at any time solely at AFC's discretion without notice to you. The current interest rate(s) and annual percentage yield(s) on your account, and minimum balances to earn each rate, are shown on the current Rates. We compute interest at a daily periodic rate of 1/365th (1/366th in a leap year) of the applicable annual rate for each day. Compounding of Interest Compounding is determined by the type of account opened and interest payment method chosen. Interest Paid The Bank uses the daily balance method of computing interest, which applies a daily periodic rate to the full collected amount of principal in the account each day. This method applies a daily periodic r Account FeaturesPersonal Accounts Free Checking Account Features • Non-Interest bearing account • No minimum balance requirement • Free starter checks • No monthly maintenance fee • Customers with negative balances for over 5 calendar days will be charged a daily fee until sufficient funds are deposited to bring the balance positive. • Please see our Fees pages for current specifics. You will be provided a monthly statement Addressed, pre-stamped envelopes are supplied for mail-in deposits. Wire transfers are also accepted as well as direct deposits from your employer or funds originator. Our policy is to return check images. For customers who do not qualify for a checking account, the Bank reserves the right to offer a Money Market account or a special savings account to the customer. Interest Checking Account Features • A minimum balance is required to earn interest. • Fees charged for balances below the stated minimum are calculated based on average monthly balance. • Customers with negative balances for over 5 calendar days will be charged a daily fee until sufficient funds are deposited to bring the balance positive. • Please see our Rates and Fees pages for current specifics. Interest is accrued daily and compounded monthly based on the ending daily collected principal balance. Interest rates and annual percentage yields may change at any time solely at the Bank's discretion. You will be provided a monthly statement. Addressed, pre-stamped envelopes are supplied for mail-in depositsWire transfers are also accepted as well as direct deposits from your employer or funds originator. Our policy is to return check images. Interest is calculated daily on the day's ending collected balance and is paid to Depositor by crediting the account monthly on the date the statement of account is prepared. The interest rate and method of calculation, compounding and payment of interest on your account are determined by the Bank and may vary during the life of the account. • No minimum deposit required to open an account. • No monthly minimum balance fees. • No minimum balance fees. • No minimum balance is required to earn interest. • Please see our Rates and Fees pages for current specifics. Interest is accrued daily and compounded monthly based on the ending daily collected principal balance. Interest rates and annual percentage yields may change at any time solely at the Bank's discretion. You will be provided a monthly statement. The Bank addressed, pre-stamped envelopes are supplied for mail-in deposits. Wire transfers are also accepted as well as direct deposits from your employer or funds originator. Funds may also be deposited through scheduled recurring Electronic Funds Transfers from an outside bank up to $250.00 per each occurrence. The interest rate and method of calculation, compounding and payment of interest on your account are determined by the Bank and may vary during the life of the account. Interest rates are tiered and based on competitive rates. For specific details please see the Rate page on website. Jumbo Savings Account Features • Minimum deposit required to open an account. • Minimum balance is required to earn interest. • Please see our Rates and Fees pages for current specifics. Interest is accrued daily and compounded monthly based on the ending daily collected principal balance. Interest rates and annual percentage yields may change at any time solely at the Bank's discretion. You will be provided a monthly statement. The Bank addressed, pre-stamped envelopes are supplied for mail-in deposits. Wire transfers are also accepted as well as direct deposits from your employer or funds originator. Funds may also be deposited through scheduled recurring Electronic Funds Transfers from an outside bank up to $250.00 per each occurrence. The interest rate and method of calculation, compounding and payment of interest on your account are determined by the Bank and may vary during the life of the account. Interest rates are tiered and based on competitive rates. For specific details please see the Rate page on website. Basic Business Checking Features • Available to all businesses regardless of ownership, primarily used by Corporations and Partnerships • Free Starter Checks • Non-Interest Bearing account • Minimum Balance Requirement to open an account • Fees charged for balances below $200.00 are calculated based on average monthly balance • Free Check Writing up to 20 checks per statement cycle; Fees charged for over 20 checks in statement cycle • No set-up or monthly maintenance fees for Bill Pay • Transaction fee charged for individual Bill Pay items Please see Fee page for current specifics Funds are deemed collected based on our Funds Availability Policy. You will be provided a monthly statement. Business Interest Checking Features • Restricted to Sole Proprietors and Non-Profit Organizations regardless of incorporation status • Tiered Interest Bearing Account • Free Starter Checks • Minimum balance requirement to open an account • Minimum balance requirement to earn interest • Fees charged for balances below $200.00 are calculated based on average monthly balance • Free Check Writing up to 20 checks per statement cycle; Fees charged for over 20 checks in statement cycle • No set-up or monthly maintenance fees for Bill Pay • Transaction fee charged for individual Bill Pay items Please see Fee page for current specifics Interest is accrued daily and compounded monthly based on the ending daily collected principal balance. Funds are deemed collected based on our Funds Availability Policy. Interest rates and annual percentage yields may change at any time solely at the Bank's discretion. You will be provided with a monthly statement. The interest rate and method of calculation, compounding and payment of interest on your account are determined by Bank and may vary during the life of the account. Interest rates are tiered and based on competitive rates. • Open to all businesses regardless of ownership type • Tiered Interest Bearing Account • Minimum balance requirement to open an account • Minimum balance required to earn interest • No restrictions on the number of transfers per cycle period • Fees charged for balances below $200 are calculated based on average monthly balance • No check writing privileges Please see our Rate and Fees pages for current specifics Interest is accrued daily and compounded monthly based on the ending daily collected principal balance. Funds are deemed collected based on our Funds Availability Policy. Interest rates and annual percentage yields may change at any time solely at the Bank's discretion. You will be provided a monthly statement. The interest rate and method of calculation, compounding and payment of interest on your account are determined by Bank and may vary during the life of the account. Interest rates are tiered and based on competitive rates. Unless The account holder advises the Bank within the (7) day grace period after the CD maturity that they wish to withdraw the funds from the CD account, the CD account will automatically renew and the principal amount and all paid interest that has not been withdrawn will automatically renew on each Maturity Date for an identical period of time as the original deposit term. Interest on renewed accounts will be calculated at the interest rate then in effect for time deposits of that Deposit Amount and term. End of "Account Features"
Electronic Funds Transfer (EFT) DisclosureThis Electronic Funds Transfer (EFT) Disclosure covers all EFTs you can make to or from your account. Examples of EFTs include direct deposit of funds, ATM deposits, point of sale transactions, and automated transfers. Direct Deposit With proper authorization, Social Security benefits and other types of pay or benefits may be directly deposited to Depositor's savings, money market, or checking account. Automatic Transfers Automatic transfers may be made between Depositor's accounts at Bank as permitted by federal banking regulators or any other governing body having jurisdiction over the Bank or as adopted by the Bank. A fee may be assessed for this service. Notice of Varying Amounts If Depositor's account is set up for automatic payments or deposits through the ACH (Automated Clearing House) network or similar service, it is the originator's responsibility to notify Depositor of any changes in the payment amount required.
Right to Stop Payment If Depositor has arranged in advance to make regular payments out of an account, Depositor can stop payment on these pre-arranged payments by written request, or from the Requests area of the Banking Center web site. Stop payment requests must be received three (3) business days or more prior to the next scheduled payment. The Bank’s Liability for Failure to Make Transfers If the Bank does not complete a transfer to or from Depositor's account on time or in the correct amount or fails to stop a pre-arranged payment according to an agreement with Depositor, the Bank may be liable for Depositor's losses or damages. There are, however, exceptions. For instance, the Bank will not be liable:
Payment to Receivers Credit given by the Bank to you with respect to an ACH credit entry or similar electronic credit is provisional until the Bank receives final settlement. You are hereby notified and agree that the Bank is entitled to a refund of the amount credited to you in connection with such entry, i.e., non-settlement, and the party making payment to you, i.e., the originator of the entry, via such entry shall be deemed to have not paid you the amount of such entry. Next Day Notice Under the operating rules of the National Automated Clearing House Association (NACHA) which are applicable to ACH transactions involving your account, the Bank is not required to give next day notice to you of receipt of an ACH item, and the Bank will not do so. However, the Bank will continue to notify you of the receipt of payments in the periodic statements provided to you. Choice of Law to Receivers The Bank may accept on your behalf payments to your account which have been transmitted through one or more Automated Clearing Houses "ACH" and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state of Ohio and to the extent applicable federal law as provided by the operating rules applicable to ACH transactions involving your account. Limits on EFTsEFTs may be made only to persons with a Statements, ReceiptsYou will receive a receipt when you initiate an electronic fund transfer at any electronic terminal (e.g., at the ATM) if required by law. Also, Your electronic funds transfers will be indicated on the periodic statements we provide or make accessible to you for the accounts with us that are involved in the transaction. In any case, a statement will be provided at least quarterly for accounts not classified by as inactive. We may also provide or make accessible to you statement information electronically or by some other means. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement or in any statement information. VERIFYING CERTAIN ELECTRONIC DEPOSITS If you have arranged to have preauthorized recurring electronic deposits made to any of your accounts at least once every 60 days from the same person or company, you may call toll free 1-877-204-5019 to find out whether or not the deposit has been made. We will ask for reasonable identification. NOTICE FOR VARYING AMOUNTS If you have arranged for preauthorized recurring electronic payments that may vary in amount to be made from any of your Accounts, the person or company you are going to pay will tell you, at least 10 days before each payment is scheduled to be made, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set. DISCLOSURE OF INFORMATION TO OTHERS The Bank may disclose information about your Accounts with us as follows: • To consumer reporting agencies. • In connection with audits or any sale or transfer of your Accounts or a • For fraud, security or risk control. • To help complete a transaction you initiate, including information requested to verify the existence or condition of an Account. • To resolve disputes or inquiries you may have about your Accounts. • With your consent or at your direction. • When disclosure is required by law, such as pursuant to court order, subpoena, legal process or government agency examination or investigation, or to protect or enforce our rights. • To companies that perform services for us in connection with your Accounts, such as data processing and software companies and collection agencies. • As otherwise necessary to service your Account, or as permitted or required by law. • In response to a request from any
In Case of Errors or Questions About Your Electronic Transfers Depositor should telephone, use Secure Bank Mail (accessible on the Banking Center’s toolbar) or write the Bank if Depositor believes a statement or receipt is wrong, or if Depositor needs more information about a transfer listed on the statement or receipt. The Bank must hear from Depositor no later than 60 days after Depositor receives the FIRST statement on which the problem or error appeared. Depositor should:
If Depositor orally contacts the Bank, the Bank may require that Depositor send the Bank the complaint or question in writing within 10 business days. The Bank will tell Depositor the results of the Bank's investigation within 10 days after it hears from Depositor and will correct any error promptly. If the Bank needs more time, however, it may take up to 45 days to investigate any complaint or question. If the Bank decides to do this, it will provisionally credit Depositor's account within 10 business days for the amount Depositor thinks is in error, so that Depositor will have the use of the money during the time it takes the Bank to complete the investigation. If the Bank asks Depositor to put the complaint or question in writing and the Bank does not receive it within 10 business days, it may not credit Depositor's account. Your Liability for Unauthorized Electronic Funds Transfers (Consumer Accounts Only) This section applies only to transactions from consumer accounts. If you tell us within 2 business days after you learn of the loss or theft of your access codes involving a consumer account, you can lose no more than $50.00 if someone used them without your authority. If you do NOT tell us within 2 business days after you learn of the loss or theft of your access codes, and we can prove that we could have stopped someone from using them without your authority if you had told us, you could lose as much as $500.00. Also, if your statement for a consumer account shows payments covered by this agreement that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money 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. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods. Notify us Immediately for Unauthorized Transactions or Lost or Stolen PIN Tell us AT ONCE if you believe your Personal Identification Number (PIN) have been lost, stolen or otherwise compromised or used without your authorization. Be sure to keep your PIN to yourself; this number is an important means of protection for you. Do not write it on your personal computer or any computer materials, or any other access device. Never lend it to anyone. Contact the Bank immediately if you believe that an unauthorized person has obtained access to your PIN. The telephone is the fastest way to alert the Bank that someone may be using your PIN without permission. You may call us at 1-877-204-5019 .You could lose all the money in your account so make sure that you contact Customer Care immediately. If you cannot telephone, write the Bank at the following address: The Huntington National Bank Business DaysOur business days are Monday through Friday. Federal holidays are not business days. Non-proprietary ATMs When you initiate an electronic fund transfer or make a balance inquiry at an ATM that is not owned or operated by Huntington National Bank, a fee may be imposed. Also, a fee may be charged by the network used to complete the transaction. End of "Electronic Funds Transfer (EFT) Disclosure" within this 60 day period, you could be held responsible for all unauthorized transfers and withdrawals that occurred between the end of the 60 day period and the time you actually notified the Bank, if the transaction could have been prevented if the Bank had been notified. Naturally, the Bank will extend the time periods if you were prevented from contacting the Bank for a good reason (such as a long trip or hospital stay). Bill PayThis Agreement (the "Agreement") represents the terms and conditions governing the Bill Pay Service and is between Online Resource Corporation ("ORCC") as the provider of the Bill Pay Service, and you as a user of the Bill Pay Service. Any references to "we", "us" or "our" means ORCC, and any references to "you", "your" or "yours" includes you and any person authorized by you to access the Bill Pay Service. The Bank's role in connection with the Bill Pay service is to act at times as servicer of the Bill Pay Service. You may direct the Bank to make payments from your checking account to third parties ("payees") whom you have selected in advance to receive payment if you subscribe to the Bill Payment Service (the "Service"). You may make payments through the Service to any business, merchant, or professional that generates a bill or invoice for products or services provided to you on your behalf and that has an address the Service can verify ("Business Payee"). You may also make payments through the Service to individuals, family, or friends for non-business purposes ("Individual Payees"). Although you will not be asked to designate your payees as "Business" or "Individual" when you enter them on the Service, the Service reserves the right, in the Service’s sole discretion, to determine at any time into which category a payee falls. Payments may be made only to payees with a US payment address. Payments may also be made to payees located in the Armed Forces postal codes but they are not covered under the Bill Payment Guarantee. You may not make a payment of alimony, child support, taxes, or other governmental fees or court-directed payments through the Service. Using the Service To use the Service, you must provide information online to the Bank that identifies your payees. You must provide sufficient information about a payee to permit the Bank to properly direct a payment and permit the payee upon receipt of a payment to identify you as the payment source. If you have any questions regarding the Bill Payment Service or ever need assistance with the Bill Payment process, you can contact a Bill Payment Customer Service Representative at 1-888-503-1175. Representatives are available seven (7) days a week, twenty-four (24) hours a day. You will be able to set up the following types of bill payments: (1) Single Payment. You may schedule a payment to be made one time to a payee. The payment may be scheduled to be made at a future date or on the next business day (a "Next Day Payment") that you enter the payment information on the Service. A Next Day Payment must be scheduled by 12:00 p.m. Eastern Standard Time on a business day in order for the payment to be initiated (deducted from your account) on the next business day. (2) Recurring Payment. You may schedule payments to payees to be automatically initiated in a fixed amount on the same date every month to a fixed payee for a fixed period of time. These payments may be weekly, bi-weekly, semi-monthly, monthly, quarterly, semi-annually and annually. Weekly payments can be set up to occur on any business day of the week. Monthly payments can be set up to occur on any day of the month. Those payments set up for the 29th, 30th or 31st day of the month will be processed on the first business day that follows the end of the month for those months with less than the required number of days. Semimonthly payments can be set up to occur on any two days of the month. As for monthly payments, if the process date is invalid or falls on a non-business day, then the Bill Payment Service will process the request on the earliest possible date after the original date has passed. Recurring payments will start on the first valid date after the date that they are entered onto the system. Payments set up with a recurring processing date that matches the current date may not be processed with today's date. Scheduling Payments Before scheduling a payment to a payee, the payee must be set up on the Service. To set up a payee (1) select the "Payments" button, (2) select "Payees" from the Payments menu, (3) Select Add Payee, (4) If your payee is not listed under Option A, then click the button under Option B “Add My Own” and enter the information as requested and (5) click "Add Payee”. To electronically schedule a payment, (1) select "Payments from the menu, (2) select the payee from the payee menu (3) enter the amount of the payment, and (4) enter the payment date. You will be provided a confirmation number for each payment you schedule using the Service. This number is available on the Payment History screen under the Payments menu if you need to refer to it in the future. The confirmation number will help the Service resolve any questions you may have concerning your transactions. You may not schedule duplicate payments. A duplicate payment is one that is scheduled to be made to the same payee on the same day for the same amount. A duplicate payment is different from a Recurring Payment, which is scheduled for the same day of different months. You also may not schedule multiple single payments to the same payee. A single payment to a payee must be initiated (deducted from your account) before an additional single payment can be scheduled to the same payee. For security reasons, you may not schedule any one payment over $25,000 to any one payee on the same business day. This amount may be changed at any time. Multiple Payments You may schedule multiple payments to different payees by selecting the “Multiple Payments” option from the Payments menu. Delivery of Your Payments You may schedule payments to be initiated on the day after you enter the payment information, on a future date or on the same date each month, subject to the restrictions in this Agreement. Although you can enter payment information through the Service 24 hours a day, 7 days a week, payments can be "initiated" only on business days. The date on which the payment is to be "initiated" is the date on which funds are to be deducted from your account. This date is referred to as the Process Date in this Agreement. After funds are withdrawn from your account, the Service may remit your payments by mailing your payee a check drawn on an account the Bank maintains for this purpose, by electronic funds transfer or by other means. Because of the time it takes to transmit your payment to the payee, they will not receive payment on the Process Date (the date you instructed the Bank to deduct the funds from your account). Therefore, in order to provide sufficient time for payments to be received by your payee, the Process Date should be a date at least two (2) business days before the bill's actual due date for Business Payees (electronic) payments and five (5) business days for individual (check) payments. The Bank will not be responsible for any loss you may incur as a consequence of late payment if your Process Date was not at least two (2) business days prior to the bill's actual due date or five (5) business days for check payments. Payment Guarantee The Payment Guarantee covers late fees and finance charges for properly scheduled payments. Payments should be scheduled for two (2) or five (5) business days prior to the Due Date, excluding grace periods that may be extended by the payee. Mortgage payments should be scheduled on or before the Due Date, excluding grace periods. Although the bill payment service cannot guarantee the actual delivery or posting date of the payment, fees incurred for late delivery will be covered under this guarantee if the Payee is unable to remove the fees for any reason. For more information about the “Payment Guarantee”, go to the FAQs in Online Help. Modifying or Deleting Payments - Single Payments You may modify or delete a single payment up until 12:00 p.m. Eastern Standard Time on the business day before the process date. To modify or delete a single payment: (1) select "Pending Payments" from the Payments menu, You will receive a confirmation number when your payment has been modified or deleted. The confirmation number will help the Bank resolve any questions you may have concerning your transactions. For payment changes, this number is available on the Payment History screen under the Payments menu if you need to refer to it in the future. If you have deleted a payment, please write the number down when you receive it. A deleted payment will not appear on your Payment History. Recurring Payment You may modify or delete a recurring payment up until 12:00 p.m. Eastern Standard Time on the business day before the payment date. To modify or delete a recurring payment: (1) select "Pending" from the From the Payments menu, (2) select ”Payments Center” and then select the amount or date of the payment that you wish to change or delete, and (3) enter changes and click "Change" or click "Delete" to delete the payment. Payment modification can be made to dollar amount, date, frequency, and memo description, however NOT to vendor, payment type or payment method fields. If you selected delete, you will be asked to confirm your instruction to delete by selecting yes or no. You will receive a confirmation number when your payment has been modified or deleted. The confirmation number will help us resolve any questions you may have concerning your transactions. For payment changes, this number is available on the Payment History screen under the Payments menu if you need to refer to it in the future. If you have deleted a payment, please write the number down when you receive it. A deleted payment will not appear on your Payment History. The Bank’s Responsibility to You The Bank will be responsible for your actual losses if they were directly caused by the Bank’s failure to:
However, the Bank will not be responsible for your losses if:
Canceling Bill Payment Service You may cancel your use of the Service at any time by sending an electronic message or request to the Bank, or call the Bank. If you notify the Bank by telephone, the Bank may request that you put your request in writing. The Bank cannot cancel the Service until all pending payments have cleared. If you have pending payments and do not want to wait for them to clear, you may individually delete these future payments. You will not receive a refund of any service fee if you cancel. The Bank may cancel the Service, in whole or in part, at any time without prior notice. Cancellation shall not affect your liability or obligations under this Agreement. Equipment You are responsible for obtaining, installing, maintaining and operating all computer hardware and software necessary for the Bill Payment Service. The Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software. Online Bill Payment Fees - Personal Banking Please see the Fees page on your banking center web site for current specifics concerning Bill Payment Fees. Online Bill Payment Fees - Business Banking Please see the Fees page on your banking center web site for current specifics concerning Bill Payment Fees. Changes in Terms/Fees We may change the Bill Payment Service and the terms and conditions, including fees, set forth in this Agreement at any time. You will be notified of any such change as required by applicable law, either by mail or by an electronic message. You understand that by using the Bill Payment Service after a change becomes effective you have agreed to it. Electronic Messages Because normal Internet e-mail transmissions may not be secure, you agree to contact the Bank electronically only through secure bank mail, accessible on the Banking Center’s toolbar. You also agree to receive communications regarding your account electronically to the email address you provide and will not attempt to circumvent receiving any messages. You are deemed to have received any electronic messages sent to you when they are made available to you. You may print a copy of such communications using the “print” function of your software, or you may request that the Bank mail you a paper copy of such communication by contacting the Bank at: The Huntington National Bank Electronic Funds Transfer (EFT) Act The Electronic Funds Transfer Act provides Consumers with certain rights and responsibilities with respect to certain transfers, called “Electronic Funds Transfers.” Before you complete your first bill payment, you must read this Electronic Funds Transfer (EFT) Disclosure section which explains your rights and responsibilities under the Electronic Funds Transfer Act. The Bank offers direct deposit of funds, ATM deposits, and automated transfers. Direct Deposit With proper authorization, Social Security benefits and other types of pay or benefits may be directly deposited to Depositor’s savings or checking account. Automatic Transfers Automatic transfers may be made between Depositor's accounts as permitted by federal banking regulators or any other governing body having jurisdiction over the Bank or as adopted by the Bank. A fee may be assessed for this service. Notice of Varying Amounts If Depositor's account is set up for automatic payments through the ACH (Automated Clearing House) network, it is the originator's responsibility to notify Depositor of any changes in the payment amount required. Right to Stop Payment If Depositor has arranged in advance to make regular payments out of an account, Depositor can stop payment on these pre-arranged payments by written request, or from the Requests area of the Banking Center web site. Stop payment requests must be received three (3) business days or more prior to the next scheduled payment. The Bank’s Liability for Failure to Make Transfers If the Bank does not complete a transfer to or from Depositor's account on time or in the correct amount according to an agreement with Depositor, the Bank may be liable for Depositor's losses or damages. There are, however, exceptions. For instance, the Bank will not be liable:
Payment to Receivers Credit given by the Bank to you with respect to an ACH credit entry is provisional until the Bank receives final settlement. You are hereby notified and agree that the Bank is entitled to a refund of the amount credited to you in connection with such entry, i.e., non-settlement, and the party making payment to you, i.e., the originator of the entry, via such entry shall be deemed to have not paid you the amount of such entry. Next Day Notice Under the operating rules of the National Automated Clearing House Association (NACHA) which are applicable to ACH transactions involving your account, the Bank is not required to give next day notice to you of receipt of an ACH item, and the Bank will not do so. However, the Bank will continue to notify you of the receipt of payments in the periodic statements provided to you. Choice of Law to Receivers The Bank may accept on your behalf payments to your account which have been transmitted through one or more Automated Clearing Houses "ACH" and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state of Ohio and to the extent applicable federal law as provided by the operating rules applicable to ACH transactions involving your account. ch payments shall be construed in accordance with and governed by the laws of the state of Indiana as provided by the operating rules applicable to ACH transactions involving your account. In Case of Errors or Questions About Your Electronic Transfers Depositor should telephone, use Secure Bank Mail (accessible on the Banking Center’s toolbar) or write the Bank if Depositor believes a statement or receipt is wrong, or if Depositor needs more information about a transfer listed on the statement or receipt. The Bank must hear from Depositor no later than 60 days after Depositor receives the FIRST statement on which the problem or error appeared. Depositor should:
If Depositor orally contacts the Bank, the Bank may require that Depositor send the Bank the complaint or question in writing within 10 business days. The Bank will tell Depositor the results of the Bank's investigation within 10 days after it hears from Depositor and will correct any error promptly. If the Bank needs more time, however, it may take up to 45 days to investigate any complaint or question. If the Bank decides to do this, it will provisionally credit Depositor's account within 10 business days for the amount Depositor thinks is in error, so that Depositor will have the use of the money during the time it takes the Bank to complete the investigation. If the Bank asks Depositor to put the complaint or question in writing and the Bank does not receive it within 10 business days, it may not credit Depositor's account. For errors involving new accounts, point-of-sale, or foreign initiated transactions the Bank may take up to 90 days to investigate Depositor's complaint or question. For new accounts, the Bank may take up to 20 business days to credit Depositor's account for the amount Depositor thinks is in error. The Bank will tell you the results within three business days after completing the investigation. If the Bank decides that there was no error, the Bank will send you a written explanation. You may ask for copies of the documents that the Bank used in its investigation. Your Liability for Unauthorized Electronic Funds Transfers This section applies only to transactions from consumer accounts. If you tell the Bank within 2 business days after you learn of the loss or theft of your access codes involving a consumer account, you can lose no more than $50.00 if someone used them without your authority. If you do NOT tell the Bank within 2 business days after you learn of the loss or theft of your access codes, and the Bank can prove that it could have stopped someone from using them without your authority if you had told us, you could lose as much as $500.00. Also, if your statement for a consumer account shows payments covered by this agreement that you did not make or authorize, tell the Bank at once. If you do not tell the Bank within 60 days after the statement was mailed to you, you may not get back any money lost after the 60 days if the Bank can prove that it could have stopped someone from taking the money if you had told the Bank in time. If a good reason (such as a long trip or hospital stay) kept you from telling the Bank, we will extend the time periods Notify the Bank Immediately for Unauthorized Transactions or Lost or Stolen PIN Tell the Bank AT ONCE if you believe your Personal Identification Number (PIN) have been lost, stolen or otherwise compromised or used without your authorization. Be sure to keep your PIN to yourself; this number is an important means of protection for you. Do not write it on your personal computer or any computer materials, or any other access device. Never lend it to anyone. Contact the Bank immediately if you believe that an unauthorized person has obtained access to your PIN. The telephone is the fastest way to alert the Bank that someone may be using your PIN without permission. You may call the Bank a1-877-204-5019. You could lose all the money in your account so make sure that you contact Customer Care immediately. If you cannot telephone, write the Bank at the following address: The Huntington National Bank Business Days The Bank's normal business days are Monday through Friday, except for federal holidays. Account Statements Except as follows, you will receive a monthly account statement for your deposit accounts, showing, among other things, your bill payments. Limit of the Bank’s Responsibility The Bank agrees to make reasonable efforts to ensure full performance of the Bill Payment Service. The Bank will be responsible for acting only on those instructions sent through the Bill Payment Service which are actually received and cannot assume responsibility for malfunctions in communications facilities not under the Bank's control that may affect the accuracy or timeliness of messages you send. Neither the Bank nor Bank affiliate is responsible for any losses or delays in transmission of instructions arising out of the use of or caused by any browser software. Neither the Bank nor any Bank affiliate is responsible should you give incorrect instructions or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service. Any information you receive from the Bank is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. Neither the Bank nor any Bank affiliate is liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information. For business accounts, neither the Bank nor its bank affiliates is responsible for any computer virus or related problems which may be attributable to services provided by any Internet service provider. Neither the Bank nor any Bank affiliate is responsible for any indirect, special, incidental or consequential damages arising in any way out of the use of the Bill Payment Service. The maximum liability of the Bank and its Bank affiliates for direct damages (in tort, contract or otherwise) arising in any way out of the use of the Bill Payment Service shall be $50. Severability In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable. Information Authorization You agree that the Service reserves the right to obtain financial information regarding your account from a merchant or financial institution to resolve payment posting problems. Disputes In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Bank which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Bank relating to the subject matter of this Agreement. If there is a conflict between what one of the Bank's employees says and the terms of this Agreement, the terms of this Agreement shall control. Assignment You may not assign this Agreement to any other party. The Bank may assign this Agreement to any future, directly or indirectly, affiliated company. The Bank may also assign or delegate certain of the Bank’s rights and responsibilities under this Agreement to independent contractors or other third parties. No Waiver The Bank shall not be deemed to have waived any of the Bank's rights or remedies hereunder unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. Captions The captions of Sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions for this Agreement. Governing Law This Agreement shall be governed by the laws of the state of Ohio and, where applicable, by federal law. End of "Bill Pay Terms and Conditions" Money HQ Terms and ConditionsTerms and Conditions This Agreement (the "Agreement") represents the terms and conditions governing the Money HQ Service and is between Online Resource Corporation (ORCC) as provider of the Money HQ Service, Affinity Financial Corporation (AFC), your agent, and you as a consumer of the Money HQ Service. Any references to "we", "us" or "our" includes AFC or any agent, independent contractor, designee, or assignee that AFC involves (but not the Bank) in the provision of the Money HQ Service, and any references to "you", "your" or "yours" includes you and any person authorized by you to access the Money HQ Service. The Bank's role in connection with the Money HQ service is that of servicer. To use the Money HQ Service you must be at least eighteen (18) years old and be a resident of the This Agreement includes the information and obligations as set forth below. Please review to ensure that you understand the full scope of rights and responsibilities associated with the Money HQ Service. Acceptance You must click on the “I Agree” button below in order to be eligible to use the Money HQ Service. If you do not agree to all of the terms of this Agreement, click on the “I Disagree” button or close the browser window. If you do not click on the “I Agree” button, you will not be bound by this Agreement and you will not incur any fees or obligations with respect to the Money HQ Service. When you click on the “I Agree” button, you will complete an application to receive the Money HQ Service, and will indicate your acceptance of this Agreement. At that time, this Agreement will represent a legally binding agreement between you and us. We may reject your application for any reason, and if we do, the legally binding agreement between you and us will be terminated, and you will no longer have any obligation under this Agreement. Changes At any time we will have the right to change the terms of this Agreement, but we must notify you of any material change through the communication methods listed below. If you continue to use the Money HQ Service after we notify you of any change, you will have indicated your acceptance of the changes to this Agreement and agree to be bound by the amended Agreement. In addition, we may make changes to the types and features of the Money HQ Service. At the time any new features are offered, we may evaluate your suitability for those new features, and if we determine that you are not eligible then those new features or services will not be made available to you. If you are not eligible, you will not be subject to any fees or obligations under those new features or services. We reserve the right to charge additional fees for the use of the any additional features that we may introduce. You are responsible for paying all fees associated with your continued use of the Money HQ Service. Electronic Communications The Money HQ Service is an electronic, Internet based-service. This Agreement will be entered into electronically, and all communications associated with this Agreement and the Money HQ Service may be provided by electronic means and will be considered to be “in writing”, including:
Although we may provide communications to you in paper format at any time, you agree that we are under no obligation to do so. You should print a paper copy of this Agreement and any electronic communications that are important to you and retain the copy for your records. Delivery of Communications Communications may be posted on the pages of the Money HQ Service website, another website disclosed to you or delivered to the e-mail address you provide to us. Any electronic communication sent by e-mail will be deemed to have been sent and received by you when our e-mail server directs the e-mail message to the appropriate e-mail address, whether or not you received the e-mail. If any communication is sent in paper form by traditional mail, it will be deemed to have been sent when postmarked and will be deemed to have been received no later than five Business Days (defined below) after it was postmarked. Canceling Money HQ Service You may cancel your use of the Service at any time by sending an electronic message or request to the Bank, or call the Bank. If you notify the Bank by telephone, the Bank may request that you put your request in writing. The Bank cannot cancel the Service until all pending payments have cleared. If you have pending payments and do not want to wait for them to clear, you may individually delete these future payments. You will not receive a refund of any service fee if you cancel. The Bank may cancel the Service, in whole or in part, at any time without prior notice. Cancellation shall not affect your liability or obligations under this Agreement. Money HQ Features The Money HQ Service is the next generation of on-line personal finance management. With our fully interactive Money HQ service (the “Money HQService”) you may perform any of the following functions:
Some of these features may not be available, or may have limited functionality, due to limits of applicable law, our ability to obtain on-line financial information from other financial institutions, and the terms and conditions contained in the agreements governing your existing account . Aggregation of Online Financial Accounts You may use your Money HQ Service to consolidate, organize and present certain information from your Bank accounts at and with third parties such as other banks, credit unions, brokerages, credit card providers, billers, and other sources of financial information (“Information Providers”) on secure web pages. For each of your registered accounts on the Service you will need to provide your User ID, password and/or personal information numbers (PINs) so that we can retrieve your account information. Based upon your setup instructions for each account, the information can be retrieved on a daily, on-login or on-demand basis. Funds Transfers You may use your Money HQ to make transfers between one of your Bank accounts and one of your accounts at another financial institution. You may also use the Service to send money from one of your accounts to another person by email, whether the recipient’s account is held at the Bank or another financial institution. Presentment of Bills You may use your Money HQ Service to consolidate, organize and present bill information from other service providers that offer on-line account information. Based upon our capability to access and aggregate online financial account information about your service provider accounts, a summary of your bill will be displayed on your Money HQ Service if the account has an amount due greater than zero and the due date is in the future or a limited days in the past. Alerts You may use your Money HQ Service to create email alerts about your on-line financial information. The alerts may be based upon going above or below a balance threshold or a due date for a bill. Setup of the Service To begin using your Money HQ Service, there are some preliminary legal and informational requirements that need to be completed. If you have any questions regarding the Money HQ Service or need assistance in setting up your service, you may contact a Customer Service Representative at 888-503-1175. Representatives are available seven (7) days a week, twenty-four (24) hours a day. Account Information It is necessary for us to access third party Web sites and databases containing information regarding your accounts and financial relationships to provide certain of the features included in the Money HQ Service. We regard your privacy and security with the utmost importance, and we are absolutely committed to safeguarding any information that you share with us. Test Transactions Once you are approved for the Money HQ Service we may verify the accounts that you add to the Money HQ Service for transfers from time to time. We may use one or a combination of two methods to verify account ownership. You authorize us to validate the accounts through the use of a test transfer, in which one or more low value payments will be both deposited to and deducted from the account. The test deposit will always occur before the test deduction, and the deduction will always be of the same or lesser amount as the deposit, so that the balance in any of your accounts will never be less than the actual balance. Once the test transfer is complete we may ask you to access your accounts to tell us the amount of the test deposit or deduction or any additional information reported by your financial institution with this test transfer. We may also verify accounts through requiring the entry of information you ordinarily use to access the account provider’s Web site, or by requiring you to submit proof of ownership of the account. Privacy and Security You can see a full description of our privacy and security policies by clicking on the “Privacy Policy” and “Security Policy” links on the help page for the Money HQ Service. As is more fully described in the “Security Policy” link, we have multiple levels of security that have been designed especially for us and all of your personal and financial information will be placed on a secure portion of our website. We do not use any persistent “cookies” on the browser to store any personal information. As discussed in more detail in the “Privacy Policy” link, we will only disclose information to third parties about your account or the transfer you make:
Errors and Corrections We must rely on the information provided by you to provide the Money HQ Service, and other financial institutions and service providers rely on that information as well. If you provide us with incorrect information or if there is any error in your instruction, we will make all reasonable efforts to reverse or delete such instructions, but we may not be able to do so. Schedule of Fees For each transfer you elect to make outside the bank, you will be assessed a fee of $2.00. This fee will be drafted from your account at the end of each month. For each next day transfer, you will be assessed an additional fee of $7.95. This fee will be drafted from your account at the time of transfer. Payment Authorization You authorize us to deduct all applicable fees that you incur for the Money HQ Service (“Fees”) from your primary account held with the Bank. Standard transfer fees willbe deducted from yourprimary account at the end of each month. For next day transfers, the fee will be deducted from the account you are transferring funds from at the time of the transfer. In the event that an insufficient or uncollected funds return occurs in connection with a funds transfer and we cannot collect the fee, we reserve the right to deduct the uncollected amount from you. To effect this collection, you authorize us to debit any of your accounts held with us. If you do not have sufficient funds in your accounts with us to pay for any Fees or any other amounts when they become due, you authorize us to select any means necessary to collect the Fees. You understand that to effect the collection of Fees or other amounts we may utilize electronic funds transfer networks to deduct the amount from any of your accounts connected to the Money HQ Service from which you are authorized to transfer funds. AuthorizationsAccess In order for us to provide the Money HQ Service, we will request certain information from you (such as user IDs, passwords, account numbers) regarding your accounts and financial relationships that you designate to be part of the Money HQ Service (“Third Party Accounts”). In addition, we will need to access third party Web sites and data bases containing information regarding your Third Party Accounts to perform certain of the Money HQ Services. You authorize us to (i) use any information you provide to us about your Third Party Accounts, (ii) access any Third Party Accounts, (iii) retrieve any information from the providers of those Third Party Accounts and (iv) use any information we obtain about your Third Party Accounts as you request or as necessary to perform the Money HQ Services. Agency For as long as you are using the Money HQ Service, you grant us a limited power of attorney and appoint us as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, in connection with your accounts at The Huntington National Bank, any Participaitng Bank, and any Third Party Accounts. As your agent, you grant us the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with the Money HQ Service, as fully to all intents and purposes as you might or could do in person. You understand that we may provide certain of your information to third parties in connection with providing the Money HQ Service, such as may be required to verify funds transfer instructions. Joint Accounts If any of the accounts that you register under the Money HQ Service is a joint account, you confirm that your joint account holder has consented for you to use that account with the Money HQ Service. We will end your use of the Money HQ Service if any joint account holder notifies us that (i) they never consented to your use of the Money HQ Service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) they are withdrawing consent for you to operate the joint account. Additional Information We may obtain such additional information as we deem reasonably necessary to insure that you, or persons to whom you may transfer funds, are not using the Money HQ Service in violation of applicable law, including laws and regulations designed to prevent “money laundering” or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department. Terms Specific to Funds TransfersGeneral Limitations We reserve the right to decline to affect any funds transfer, to submit any funds transfer instructions or orders or to carry out change or cancellation requests. Some of the funds transfer services may not be available at all times . For example, the Money HQ Service will process requests for transfers Monday through Friday, excluding holidays that we observe (“Business Days”). Please ensure that you have sufficient funds to affect any funds transfers from your accounts; if you lack sufficient funds we can refuse to complete the transfer. We may at any time decline to affect any funds transfer that we believe may violate applicable law. In addition, not all types of accounts are eligible for funds transfer because of legal limitations and restrictions imposed by the institution providing the account. Be sure to check with your financial institution for restrictions regarding transfers among your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. We are not responsible for any costs or losses incurred from fund transfers that are not permitted under such restrictions by the provider of your account or those imposed by applicable law. Transfers subject to the Rules of the Accounts All funds transfers under the Money HQ Service are subject to the rules and regulations governing the relevant accounts. There may be rules that limit the number or dollar amount of permitted transfers, and we will not be responsible for any consequences that occur if you attempt to make transfers in excess of those limits. You agree not to use the Money HQ Service to effect any funds transfers from or to an account that are not allowed under the rules or regulations applicable to such accounts, including rules or regulations designed to prevent the transfer of funds in violation of the rules and regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department. Money HQ Service Transfer Limits In general, the Money HQ Service does not limit the number of funds transfers you may make, but does limit the dollar amount that may be transferred in a single transfer or that may be transferred in a set period of time. For security and risk management reasons, from time to time we may modify the limits to the frequency or amount of transfers you can make using the Money HQ Service. In any event, funds transfers in excess of the then-applicable limits will not be completed. Transfer Process To complete a funds transfer between accounts at different financial institutions we utilize electronic funds transfer networks to debit (deduct from) one of your accounts and credit (deposit to) another of your accounts or an account of the intended transfer recipient. To transfer funds, we deduct the amount to be transferred from the source account and then wait for a customary period of time before depositing the transfer into the destination account, to be certain that the debit (deduction) will not be returned. This means that, under most circumstances, transferred funds will not be available to the recipient for the period during which we are waiting for the debit to “clear”, usually three or four Business Days. If the debit side (deduction) fails or is returned for any reason (insufficient funds, for example), we will be entitled to cancel the transaction and not complete the transfer. Because we don’t always wait for confirmation before completing a funds transfer, it is possible for the debit side (deduction) of the transfer to fail or be returned and the credit side (deposit) to have already been released. If that occurs, you authorize us to revoke the transfer, if possible, or to separately deduct the amount of the transfer from the transfer destination account. If the funds transfer was sent to an account outside of your control, you authorize us to deduct the amount from any of your accounts that is attached to the Money HQ Service. You understand and agree that in the event we are unable to execute your funds transfer request utilizing electronic funds transfer networks, we may utilize other established payment mechanisms in order to complete your funds transfer instructions, such as wire transfer or check. If you have requested a funds transfer from one of your accounts to a third person recipient, you must provide us with a true, correct, and current email address for that person. We will contact the recipient and request certain information, such as the account number and financial institution into which the funds are to be transferred. If the recipient fails to provide adequate information, we will notify you and cancel the transfer. Suspension and Reinstatement of Funds Transfer Service We may suspend your right to use the funds transfer features of the Money HQ Service, immediately and without prior notice to you. We may need to take this action to protect ourselves from financial loss, for example if you request funds transfers when you have insufficient funds to cover the transfer. In the event of such suspension, you may request reinstatement of your service by contacting the Bank. We reserve the right in our sole discretion to grant or deny reinstatement of your use of the funds transfer features of the Money HQ Service. In the event we agree to reinstate you, we reserve the right to initially reinstate your Service subject to restrictions that otherwise would not apply, such as lower per-transaction and monthly dollar limits. Based upon your subsequent usage of the Money HQ Service, we may thereafter rescind some or all of those limitations. Electronic Funds Transfer (EFT) General Disclosure The Electronic Funds Transfer Act provides you with certain rights and responsibilities with respect to certain transfers, called “Electronic Funds Transfers.” Before you register for Money HQ, you must read this Electronic Funds Transfer (EFT) Disclosure section which explains your rights and responsibilities under the Electronic Funds Transfer Act. The Bank offers direct deposit of funds, ATM deposits, and automated transfers. Automatic Transfers Automatic transfers may be made between Depositor's accounts as permitted by federal banking regulators or any other governing body having jurisdiction over the Bank or as adopted by the Bank. A fee may be assessed for this service. The Bank’s Liability for Failure to Make Transfers If the Bank does not complete a transfer to or from Depositor's account on time or in the correct amount according to an agreement with Depositor, the Bank may be liable for Depositor's losses or damages. There are, however, exceptions. For instance, the Bank will not be liable:
Payment to Receivers Credit given by the Bank to you with respect to an ACH credit entry is provisional until the Bank receives final settlement. You are hereby notified and agree that the Bank is entitled to a refund of the amount credited to you in connection with such entry, i.e., non-settlement, and the party making payment to you, i.e., the originator of the entry, via such entry shall be deemed to have not paid you the amount of such entry. Next Day Notice The Bank may accept on your behalf payments to your account which have been transmitted through one or more Automated Clearing Houses "ACH and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state of Ohio as provided by the operating rules applicable to ACH transactions involving your account. Choice of Law to Receivers The Bank may accept on your behalf payments to your account which have been transmitted through one or more Automated Clearing Houses "ACH" and which are not subject to the Electronic Funds Transfer Act and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state of Indiana as provided by the operating rules applicable to ACH transactions involving your account. In Case of Errors or Questions About Your Electronic Transfers Depositor should telephone , use Secure Bank Mail (accessible on the Banking Center’s toolbar) or write the Bank if Depositor believes a statement or receipt is wrong, or if Depositor needs more information about a transfer listed on the statement or receipt. The Bank must hear from Depositor no later than 60 days after Depositor receives the FIRST statement on which the problem or error appeared. Depositor should:
If Depositor orally contacts the Bank, the Bank may require that Depositor send the Bank the complaint or question in writing within 10 business days. The Bank will tell Depositor the results of the Bank's investigation within 10 days after it hears from Depositor and will correct any error promptly. If the Bank needs more time, however, it may take up to 45 days to investigate any complaint or question. If the Bank decides to do this, it will provisionally credit Depositor's account within 10 business days for the amount Depositor thinks is in error, so that Depositor will have the use of the money during the time it takes the Bank to complete the investigation. If the Bank asks Depositor to put the complaint or question in writing and the Bank does not receive it within 10 business days, it may not credit Depositor's account. For errors involving new accounts, point-of-sale transactions, or foreign initiated transactions the Bank may take up to 90 days to investigate Depositor's complaint or question. For new accounts, the Bank may take up to 20 business days to credit Depositor's account for the amount Depositor thinks is in error. The Bank will tell you the results within three business days after completing the investigation. If the Bank decides that there was no error, the Bank will send you a written explanation. You may ask for copies of the documents that the Bank used in its investigation Your Liability for Unauthorized Electronic Funds Transfers This section applies only to transactions from consumer accounts. If you tell The Bank within 2 business days after you learn of the loss or theft of your access codes involving a consumer account, you can lose no more than $50.00 if someone used them without your authority. If you do NOT tell the Bank within 2 business days after you learn of the loss or theft of your access codes, and the Bank can prove that it could have stopped someone from using them without your authority if you had told The Bank, you could lose as much as $500.00. Also, if your statement for a consumer account shows payments covered by this agreement that you did not make or authorize, tell the Bank at once. If you do not tell the Bank within 60 days after the statement was mailed to you, you may not get back any money lost after the 60 days if the Bank can prove that we could have stopped someone from taking the money if you had told the Bank in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods. Notify the Bank Immediately for Unauthorized Transactions or Lost or Stolen PIN Tell the Bank AT ONCE if you believe your Personal Identification Number (PIN) have been lost, stolen or otherwise compromised or used without your authorization. Be sure to keep your PIN to yourself; this number is an important means of protection for you. Do not write it on your personal computer or any computer materials, or any other access device. Never lend it to anyone. Contact the Bank immediately if you believe that an unauthorized person has obtained access to your PIN. The telephone is the fastest way to alert the Bank that someone may be using your PIN without permission. You may call the Bank at 1-877-204-5019. You could lose all the money in your account so make sure that you contact Customer Care immediately. If you cannot telephone, write the Bank at the following address: The Huntington National Bank limitations. Your WarrantiesYou warrant and represent that the information you are providing us with is true, correct and complete. We are not obliged to take any steps to confirm or authenticate any instructions given by you and, assuming they are permitted under the Money HQ Service, we will act on them without getting further confirmation. You understand that if you provide us with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. In addition, if any information you provide is untrue, inaccurate, not current or incomplete, we may recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You agree not to impersonate any person or use a name that you are not authorized to use. You represent and warrant to us that you have the right to authorize and permit us access to your Third Party Accounts. You assure us that by disclosing the information to us and by authorizing us to use such information to access your Third Party Accounts, you are not violating any third party rights. You agree to promptly update your registration records if your e-mail address or other information changes. You agree to update your records, such as your e-mail address, using the Money HQ Service through the Profile section of the Service. You warrant that you will not use the Money HQ Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Money HQ Service or interfere with any other party's use and enjoyment of the Money HQ Service. You represent and warrant to us that you have enough money in the applicable accounts to make any funds transfer you request that we make on your behalf through the Money HQ Service. AFC's LiabilityIf we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an account or if we cause funds from an account to be transferred to any account other than the account or recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the pro | |||||||||||||||||||||||||||||||||||||||||||||||||||