Saratoga National Bank and Trust Company
Internet Banking Service Agreement and Electronic Fund Transfers Disclosure
This Agreement, which includes the Fee Schedule and Enrollment Form, is a contract that establishes the rules covering electronic access to your accounts at Saratoga National Bank and Trust Company ("SNB") through Internet Banking ("Internet Banking"). By using SNB Internet Banking, you accept all the terms and conditions of this Agreement. Please read it carefully and retain a copy for your records. The terms and conditions of the deposit agreements and disclosures for each of your GFNB accounts as well as your other agreements with SNB such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.
This Agreement is also subject to applicable federal laws and the laws of the State of New York (except to the extent this Agreement can and does vary from such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. You may not assign this Agreement. This Agreement is binding upon your heirs and SNB's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Fee Schedule, constitutes the entire agreement between you and SNB with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein. The GFNB Rules and Regulations governing the Accounts are incorporated by reference herein.
Section 1. Definitions and Use of Other Terms
- As used in this Agreement, the words "we," "our," "us," "Bank" and "SNB" mean Saratoga National Bank and Trust Company.
- "You" and "your" refers to the person(s) or entity authorized by SNB to use Internet Banking under this Agreement and anyone else authorized by that account holder to exercise control over the account holder's funds through Internet Banking.
- "Designated Checking Account" means the checking account you designated when you applied for Internet Banking, or that which you subsequently designate by change and from which we will make payments on your behalf. You may have more than one Designated Checking Account from which payments may be deducted per your instructions. However, only one of your Designated Checking Account(s), as specified by you, will be used to pay Internet Banking fees and charges you may incur for the use of Internet Banking.
- "Account(s)" means the Designated Checking Account(s) and other deposit, loan and other accounts you have at SNB to which you have access through Internet Banking.
- "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point-of-sale transactions, and transfers to and from SNB accounts using Internet Banking including bill payments.
- Internet Banking means the Internet Banking service provided by this Agreement, including access from a mobile device and may include a Bill Pay feature if requested by the customer.
- "Business Day" means any day except Saturday, Sunday and Federal holidays. The SNB Internet Banking Business Day ends at 8:00 p.m. Eastern Standard Time (EST) unless otherwise posted. Any transaction made through Internet Banking or Internet Banking with Bill Pay on or after the time disclosed above will be processed on the following business day.
Section 2. Access
To use Internet Banking, you must have at least one deposit or loan account at SNB, access to Internet Banking and an email address. To use Internet Banking with the Bill Pay feature, you must also have at least one checking account at SNB. We recommend you use the most current version of your preferred browser. You must use a browser with a minimum of 128-bit encryption to access Internet Banking at http://www.saratoganational.com, or such other Internet address we may provide. Once we have received your online enrollment, which is your request to allow access to your accounts through SNB Internet Banking, and verified your account information, we will send you by email, confirmation of our acceptance of your enrollment. SNB Internet Banking can be used to access only SNB accounts.
We are not responsible for monitoring transactions through Internet Banking to determine whether they are made by or on the behalf of the account holder.
Section 3. Internet Banking
You can use SNB Internet Banking to check the balance in your GFNB account(s), view SNB account histories and statements, check images, transfer funds between your SNB accounts, initiate stop payments and, if you have requested Internet Banking Bill Payment during enrollment, pay bills from your SNB checking account(s) in the amounts and on the dates you request.
Section 4. Your Log-on ID and Password
Once we have received your properly completed online enrollment and we have verified your identity, you will be activated for use of SNB Internet Banking. You will be required to create your user ID ("Log-on ID") and Password during enrollment to provide you with the capability of accessing Internet Banking. Your Password must be a combination of alpha-numeric characters, eight (8) character minimum. You authorize us to follow any instructions entered through Internet Banking using your Log-on ID and Password. You must protect the confidentiality of your Log-on ID and Password at all times.
Your access to Internet Banking will be blocked in the event your Log-on ID or Password is entered incorrectly on three (3) consecutive access attempts. If this occurs, you can reset it using the "Forgot Password?" link.
Section 5. Adding, Changing and Removing Existing Accounts
You can add to, or delete from this Agreement, any of your Saratoga National Bank accounts that SNB Internet Banking supports, subject to verification by us. If at any time you wish to add, change or delete any of your accounts linked by SNB Internet Banking, you must provide us with advance written notice via an electronic message (email-type) within your SNB Internet Banking session, postal mail or in person. You must notify us at least three (3) Business Days prior to the date on which you wish to have your account(s) changed, added or deleted from GFNB Internet Banking. In most cases, requests to change, add or delete an account(s) from Internet Banking will be implemented as of the close of business of the following Business Day the request is received. If however due to extenuating circumstances as determined by the Bank, we reserve the right, at any time, to take up to ten (10) Business Days to implement any of the aforementioned requested changes.
We undertake no obligation to monitor transactions through Internet Banking to determine that they are made on behalf of the account holder.
Section 6. Security
You understand the importance of your role in preventing misuse of your accounts through Internet Banking and you agree to promptly examine your statement for each of your SNB accounts as soon as your receive it or it is made available to you online or through other electronic means. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and Social Security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account(s). You also agree to safeguard any user ID, password, or other identifier assigned to your Internet Banking service, from discovery by any unauthorized person. Data transferred via Internet Banking is encrypted in an effort to provide transmission security and Internet Banking utilizes identification technology to verify that the sender and receiver of Internet Banking transmissions can appropriately be identified by each other.
Section 7. Fees and Charges
You agree to pay the fees and charges for your use of Internet Banking as set forth in the current fee schedule below. You agree that all such fees and charges will be deducted from your SNB checking account hereafter referred to as the "Designated Checking Account." Your Designated Checking Account to which Internet Banking services fees will be applied will be identified by you at time of enrollment and initially linked by us to Internet Banking. If you close the Designated Checking Account to which Internet Banking fees will be applied, you must contact us immediately to designate another account as your Designated Checking Account. If you have more than one checking account linked to your Internet Banking service, you may change your Designated Checking Account from which Internet Banking service fees will be applied within the Internet Banking system without notifying the Bank. You agree to pay any additional reasonable charges for Internet Banking Services you request, which are not covered by this Agreement. You are also responsible for your own telephone, Internet line, and text fees you incur in connection with your use of Internet Banking.
The current fee schedule is as follows:
Basic Internet Banking Service: Retail Customers Only - No charge; includes transfers, inquiries, Money Management
Internet Banking with Bill Pay: Retail Customers Only - No charge
Other Services and Fees: Stop Payments $15.00 per request
Section 8. Internet Banking Bill Payment Services
You must indicate the Designated GFNB Checking Account(s) from which payments are to be made; the complete name of the payee, the account number, and the payee's remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be debited from your account. With Internet Banking and Internet Banking Bill Payment Service, payments will only be debited from your account(s) on Business Days. By using Internet Banking Bill Payment Service, you agree that, based upon instructions received under your password, we can charge your Designated Checking Account(s) by electronic transfer, "no signature required draft," or by debiting and remitting funds on your behalf. You also agree that your Internet Banking Bill Payments will be charged to the Designated Checking Account(s) specified by you. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly. Note: Due to legal requirements, we limit the ability to make certain types of payments. Payments to payees outside of the United States are prohibited and may not be issued under any circumstances. In addition, the following payments are discouraged, but may be scheduled at your own risk: tax payments to the Internal Revenue Service or any state or other government agency; court-ordered payments, such as alimony or child support; payments to insurance companies. We will not notify you if you attempt to make any of these payments and we will not be liable for these prohibited or discouraged payments.
Section 9. Setting Up Payments
You may make payments through Internet Banking to us and to any business, merchant or professional that generates a bill or invoice for products or services and that has an address we can verify ("Business Payee"). You also may make payments through Internet Banking to individuals, family or friends for non-business purposes ("Individual Payees"). Payments may be made only to payees with a U.S. payment address.
You must provide sufficient information about each payee ("Payee Information"), and such other information as we may request from time to time, to properly direct a payment to that payee and to permit a Business Payee to identify the correct account ("Payee Account") to credit with your payment. This information may include, among other things, the name and address of the payee and your Business Payee account number. We reserve the right to change, at any time, the number of payees you may designate to receive payments through Internet Banking.
The maximum single bill payment permitted through Internet Banking with Bill Pay is nine thousand, nine hundred and ninety- nine dollars and ninety-nine cents ($9,999.99) or the amount available in your account, whichever is less.
Section 10. Bill Payments and Transfers
All bill payments will be deducted from your Designated Checking Account(s); except monthly loan payments to SNB, which may be deducted, directly from a checking or savings account. To schedule a payment, you must provide the name of your payee, the amount of your payment, and the date or dates on which you want your payment to be initiated. By entering this Agreement, you are authorizing us to honor your preauthorized transfers. Any attempted payment, which exceeds the available balance in your Designated Checking Account(s) from which a payment is to be made, may be rejected. One-time transfers or bill payments, or the first in a recurring schedule of transfers or bill payments, will occur on a Business Day. If a recurring transfer or bill payment has been previously scheduled to take place and is scheduled to be debited from your account on a date, which is not a Business Day, the transfer, or bill payment will be deducted from the appropriate account the following Business Day.
Transfers may be made between Eligible Accounts. An "Eligible Account" is an Account linked to Internet Banking that does not have withdrawal restrictions, or that requires direct updating by us. Because of withdrawal restrictions, a certificate of deposit is not an Eligible Account. To schedule a transfer of funds between Eligible Accounts, you must provide the Eligible Accounts from and to which the transfer is to be made, the amount to be transferred, and the date or dates the transfer is to be made. Any attempted transfer that exceeds the available balance in the Eligible Account from which the funds are to be transferred will not be made.
Section 11. Initiation and Delivery of Payments and Transfers
Although you can enter transaction instructions through Internet Banking seven (7) days a week, 24 hours a day, payments and scheduled transfers can be "initiated" only on Business Days (See Section 1). The date on which a transaction payment is due is the date on which funds will be deducted from the appropriate Account.
We will make payments from your Designated Checking Account(s) to merchants designated by you. Payments may be remitted by us mailing your payee a check, or by electronic funds transfer. Because of the time it takes to transmit your payment to your payees, they generally will not receive payment on the day your transaction is initiated. Therefore, in order to provide sufficient time for payments to be received by your payees, the date on which payment is initiated must be at least three (3) business days prior to the date your payment is due for an electronically generated payment and at least seven (7) business days prior to the date your payment is due for a payment mailed through the postal service. Scheduled payments should be prior to any late date or grace period. It is your responsibility to set up or authorize a payment, as appropriate, far enough in advance so that the payment will be received on a timely basis. We are not responsible for any losses, damages, or charges, including late payment charges or additional finance charges that a payee may impose as a result of receiving a late payment, unless we are at fault.
Section 12. Timing of Payments and Transfers
1. Same Day Payments and Transfers
You may schedule a bill payment to be initiated on the same day you place your request on Internet Banking with Bill Pay provided you send the information to us on a Business Day before 8:00 p.m. EST. You may schedule a transfer to be initiated on the same day you place your request on Internet Banking provided you send the information to us on a Business Day before 8:00 p.m. EST. Immediate transfers cannot be canceled after the instruction is sent to us. However, you may send a transfer to reverse a previously initiated transfer between accounts.
2. Future Payments and Transfers
If you schedule a future payment or transfer for a non-Business Day, your transaction will be initiated on the future Business Day unless you specify otherwise.
3. Recurring Payments and Transfers
You may schedule payments and transfers that do not vary in amount to initiate automatically on a regular schedule of your choice. If you choose a day near the end of the month for a recurring payment or transfer that does not exist in a particular month, then the payment or transfer will be initiated on the immediately preceding Business Day for that month. If the scheduled recurring payment or transfer falls on a day, which is not a Business Day in a particular month, you will be prompted by the Internet Banking system to choose to have the payment or transfer take place on either the previous or following Business Day. For example, if you schedule a recurring payment for the fifth (5th) of each month and the 5th happens to fall on a holiday or a Saturday, then you will be prompted to initiate the transaction the previous Business Day, Friday, the 4th of September or on Monday, September 7th or the following Business Day, as appropriate. You may skip a recurring payment or transfer or change the amount of the transaction or cancel the recurring transaction altogether provided this is done by 8:00 p.m. EST for bill payments or by 8:00 p.m. EST for transfers on the scheduled transaction date.
Section 13. Canceling or Changing Payments and Transfers by Internet Banking
You may use Internet Banking to change both the amount and the initiation date of any Internet Banking payment or transfer. A payment or transfer for the same Business Day, including recurring payments and transfers, may be canceled, changed or rescheduled through the use of Internet Banking at any time provided this is done by 8:00 p.m. EST for bill payments or by 8:00 p.m. EST for transfers on the scheduled initiation date. You cannot cancel a bill payment or transfer, once it has been debited from your account. Transfers cannot be canceled after the instruction has been sent to SNB as they are processed immediately. However, you may schedule a transfer to reverse the effect of a previously established transfer between accounts.
Section 14. Stop Payment Requests for Paper Checks Written by You
You may initiate Stop Payment Requests online via Internet Banking for checks that you have written or initiated through the Bank's Bill Pay Service on your Bank account(s). Stop Payment requests for such paper checks initiated through Internet Banking and received after 8:00 p.m. will be processed at 8:30 a.m. on the business day following the date the Stop Payment was requested online. To be effective, this type of Stop Payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check. If you make a Stop Payment request online, the use of your Access Code has the same effect as if the Stop Payment Request was given in writing. You will incur stop payment charges as disclosed in the Internet Banking Fees and Charges (Section 7) included in this Agreement. Stop Payments on electronic payments initiated through the Bankâ€™s Bill Pay Service are prohibited.
Section 15. Terms for Stop Payment
Stop Payment requests are valid for six (6) months whether written or electronic or as required by law. After that time, the check may be paid and charged to your account unless you renew the Stop Payment Request in writing for an additional fee. This request/notice will be canceled if the account is closed or transferred. Even if the account is later reopened, a new request/notice must be given. The request/notice is made subject to the terms of the Bank's deposit agreements, as in effect from time to time. You agree to indemnify, defend, and hold us harmless from all actions, claims, and damages related to, or arising from, our action in stopping payment on any check or ACH debit pursuant to your Stop Payment Request. In regard to any form of Stop Payment Request, you must provide it in such a time and manner that allows us reasonable opportunity to act on the request.
Section 16. Reviewing Payments and Transfers
You may download up to 18 months of transaction history provided you have been a SNB Internet Banking customer for at least that length of time.
Section 17. Balance Inquiries
You may use Internet Banking to check the balances and recent activity of your Accounts. Balance information displayed by Internet Banking during your connection will be the Current and Available Balances as reported by the Bank's system. The balance shown may differ from your records because it may not include all funds from deposits in progress, outstanding checks, or other withdrawals, payments or charges, or items in process. A message on Internet Banking will indicate if access to Balance information is unavailable at the time your Balance Inquiry is made.
Section 18. Documentation, Verification of Transfers and Periodic Statements
The system generates a confirmation number for initiated transfers and bill payments. Transfers and bill payments made through SNB Internet Banking will be shown on the payment history. All of your transfers and bill payments made through SNB Internet Banking will also appear on your statement(s) for the accounts from which and to which transfers are made. You will receive an account statement(s) in the manner that you have chosen at least monthly for any month in which an electronic transfer occurs.
Section 19. Change in Terms
We may change any term of this Agreement at any time. If the change would result in increased fees for any Internet Banking service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least twenty-one (21) days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic funds transfer system. We will post any required notice of the change in terms on the SNB Internet Banking website or forward it to you by email or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic funds transfer system, we will notify you of the change in terms within thirty (30) days after the change becomes effective. Your continued use of any or all of the subject Internet Banking services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
Section 20. Preauthorized Transfers that Vary in Amount
If you have told us in advance to make regular payments out of your Account and, these regular payments may vary in amount, the person you are going to pay will tell you ten (10) days before each payment 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.
Section 21. Our Liability for Failure to Make a Transfer
If we do not complete a transfer to or from your Account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result, except for the limits described as follows:
- If, through no fault of ours, you do not have enough money in your Account to make a transfer.
- If a legal order directs us to prohibit withdrawals from the Account.
- If your account is closed, or if it has been frozen.
- If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
- If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
- If any electronic terminal, telecommunication device, or any part of Internet Banking electronic funds transfer system is not working properly and you knew about the problem when you started the transfer.
- If you have not provided us with complete and correct payment information for the Internet Banking Bill Payment including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
- If you have not properly followed the on-screen instructions for using Internet Banking.
- If circumstances beyond our control (such as fire, flood, interruption in telephone Internet Banking or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
Section 22. Your Liability for Unauthorized Transfers
CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission (See Section 26 for ways to contact us). An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your account. If you contact us within two (2) business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission. If you do NOT contact us within (2) business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, contact us at once. If you do not tell us within sixty (60) days after the your statement was mailed to you or your online statement was made available to you, you may not get back any money you lost through transactions made after the sixty (60) day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a legally sufficient extenuating circumstance kept you from contacting us, we will extend the time periods. Exclusions may apply for Zelle transactions. Please refer to your Zelle Network® Standard Terms for more information.
Section 23. In Case of Error or Questions about Your Electronic Funds Transfers, including Bill Payments
Contact us as soon as you can, if you think your account statement is wrong, or if you need more information about a transfer listed on your account statement. We must hear from you no later than 60 days after the FIRST account statement upon which the problem or error appeared. When you contact us:
- Tell us your name and account number.
- Tell us the date and amount of the transaction in question.
- Tell us the dollar amount of the suspected error.
If the suspected error relates to a bill payment made via Internet Banking Bill Payment, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. This information appears on the payment history screen.
- Provide a description of the transaction you are unsure of and an explanation of why you believe there is an error or why you need more information.
When you contact us by telephone or by an electronic (email-type) message within your Internet Banking session, we may require that you send us written confirmation of your request or question by postal mail or fax within ten (10) business days.
- Contact SNB Internet Banking Support at 1-800-246-2415;
- Write to SNB Attn: Electronic Banking Dept. at 250 Glen Street, Glens Falls, NY 12801; or
- Send email to us from within your Internet Banking session.
We will communicate to you the results of our investigation within ten (10) business days after you contact us and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. Also, if the transaction resulted from a point of sale debit card transaction, occurred within thirty (30) days after the first deposit to an account, or was not initiated within a state we may take up to ninety (90) days to investigate your complaint or questions. If we decide to do this, we will provisionally credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and WE DO NOT receive it in the form of a paper writing within ten (10) business days, we may not provisionally credit your account.
If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your account.
Section 24. Disclaimer of Warranty and Limitation of Liability
We make no warranty of any kind, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with Internet Banking Service provided to you under this Agreement. We do not and cannot warrant that Internet Banking will operate without errors, or that any or all Internet Banking Service will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any Internet Banking or products provided under this Agreement or by reason of your use of or access to Internet Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of GFNB and its affiliates exceed the amounts paid by you through Internet Banking.
Section 25. Termination
You may cancel your Internet Banking Service with written notice by:
- Writing to SNB Attn: Electronic Banking Dept. at 250 Glen Street, Glens Falls, NY 12801; or
- Sending us an electronic (email-type) message from within your Internet Banking session.
You must notify us at least ten (10) Business Days prior to the date on which you wish to have your participation in Internet Banking terminated. If you have scheduled payments or transfers with an initiation date within the ten (10) day period, you also must separately cancel those payments and transfers.
We may have the right to terminate at any time your access to Internet Banking, in whole or in part, without prior notice. Your access to Internet Banking Bill Payment Service will be terminated automatically if your Designated Checking Account(s) is closed, or access to your Designated Checking is restricted for any reason. Termination will not affect your liability or obligations under this Agreement or other agreements, or for transactions we have processed on your behalf.
For security reasons, if you have not logged on Internet Banking for a period of three (3) months, the Bank will deactivate your Internet Banking service. To reactivate your account, simply contact your Electronic Banking representative.
Section 26. Communications between SNB and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
- Email within your Internet Banking session
- Telephone: Electronic Banking Support at (800) 246-2415
(Mon.- Fri. 8:00 A.M. to 6:00 P.M. Sat. 9:00 A.M. to 1:00 P.M.)
- Postal Mail: Electronic Banking Dept., 250 Glen Street, Glens Falls, N.Y. 12801
- In Person - You may visit us at any one of our banking locations during banking hours.
If you believe an unauthorized transfer of funds has been or may be made, please notify us immediately by any of the above methods.
Section 27. Consent to Electronic Delivery of Notices
You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfers disclosures, may be made electronically by posting the notice on the SNB Internet Banking website or by other electronic means. In addition, where required by law, a paper copy of any required disclosure or notice of change will be mailed or delivered to you. You agree to notify us immediately of any change in your email or mailing address.