eValley Online Banking Customer Agreement and Disclosure Statement
In this agreement
“you”, “your”, and
“yours” refers to
each of you that
will be using the
Naugatuck Valley
Savings and Loan.
Online Banking
services described
in this agreement.
“We”, “us”, “ours”,
and “Bank” refer to
Naugatuck Valley
Savings and Loan.
“Account” refers to
deposit and
overdraft line of
credit accounts you
can access using
eValley. These
include all accounts
that have been
opened under your
name as an account
holder using your
social security
number, including
accounts for which
you are a joint
owner. This
Agreement contains
the terms and
conditions governing
the Naugatuck Valley
Savings and Loan.
Online Banking
service called
eValley for which
you have applied.
eValley is an
electronic banking
and information
service, which
permits you through
the use of your
personal computer to
access designated
deposit and credit
accounts and make
payments on any
loans through the
Internet, using a
browser.
1. Use of eValley.
To become eligible
to use eValley, you
must complete an
application. When
your application is
accepted, we will
send you a Welcome
kit that contains
further instructions
with regard to the
use of eValley.
Before you use
eValley you should
read this Agreement
and the instructions
we send you, which
describe eValley in
greater detail. Your
use of eValley
Online Banking means
that you agree to
the terms and
conditions stated in
this Agreement and
the instructions we
will send to you.
2. Deposit and
Credit Agreements.
The terms and
conditions in this
Agreement are in
addition to any
deposit account,
credit account or
other agreement you
have with us
relating to your
Accounts, including
any disclosures made
pursuant to such
agreements. You must
maintain your
Accounts in good
standing with us in
order to perform
transactions in
those Accounts
through eValley.
3. Equipment
Requirements.
The Welcome Kit we
will send to you
will describe the
type of equipment
and Internet browser
you will need to use
eValley. In this
Agreement, the term
“Computer” will mean
your computer and
modem. The
installation,
maintenance and
operation of your
equipment,
including, but not
limited to, your
Computer, and the
Internet access
through your
Internet access
provider are your
responsibility. We
are not responsible
for any errors or
failures from any
malfunction of your
Computer and we are
not responsible for
any computer virus
or related problems
that may be
associated with the
use of eValley.
WE DISCLAIM ALL
WARRANTIES REGARDING
YOUR USE OF eVALLEY,
YOUR PERSONAL
SOFTWARE, YOUR
COMPUTER, AND YOUR
EQUIPMENT, EXPRESSED
OR IMPLIED,
INCLUDING BUT NOT
LIMITED TO, IMPLIED
WARRANTIES OF
MERCHANTABILITY AND
FITNESS FOR A
PARTICULAR PURPOSE.
Your personal
software may include
other functions and
features (such as
Online Banking,
budgeting and
mortgage
comparisons), which
are not associated
with eValley, and we
are not responsible
for them either.
You agree that we
are not responsible
for any failure or
loss caused if any
personal financial
software you use or
any of your personal
hardware or software
is not compatible
with our system.
4. Description of
eValley.
Depending on the
services requested
by you in your
Application, eValley
allows you to
perform some or all
of the following
functions for your
designated accounts:
-
Obtain account
balances for
your Accounts
-
Obtain
transaction
information for
your checking
and savings
Accounts
-
Transfer funds
between your
deposit Accounts
other than
Passbook
Accounts and
Certificates of
Deposit
-
Send electronic
mail ("E-mail")
to us
-
Make payments on
loans you have
with us
These features of
eValley are limited
by and subject to
the terms set forth
below:
(a) Your
ability to transfer
funds from your
savings and money
market accounts is
limited by federal
law, as stated in
your Deposit Account
Agreement. By law
there may be a
limited number of
transfers from these
accounts per monthly
statement cycle
initiated on your
computer (or by
means of telephone,
wire or
pre-authorized
transfers), as
described in our
Deposit Account
Agreement.
(b)
There may be a one
(1) business day
delay in
transferring funds
between designated
accounts depending
upon the day and
time on which you
request the
transfer. Transfers
are subject to funds
availability.
(c) If
you overdraw your
deposit account
through an eValley
transaction, and you
have an Overdraft
Line of Credit
Agreement with the
Bank, a loan advance
will be made under
the terms of the
Agreement that
governs that
Account.
(d) No
transfers may be
made from any
account that
requires two or more
signatures.
(e)
Balance and
transaction
information provided
on any day may be
current only as of
the close of
business on the
preceding business
day. Transactional
information for your
Accounts will be
available through
eValley for the
preceding four-month
period beginning
from the date we
authorized your use
of eValley.
(f)
E-mail sent by you
will not be
immediately received
by us. See Section 9
if you need to
contact us
immediately (for
example, to report
an unauthorized
transaction from an
account, to stop
payment on a check,
to report a lost or
stolen credit card).
No action will be
made on your E-mail
request until we
actually receive
your message and
have a reasonable
opportunity to act.
You cannot use
E-mail to transfer
funds between
accounts or to
conduct
transactions. You
must follow the
instructions for
eValley Online
Banking to
accomplish these
activities.
E-mail transmission
through general or
public E-mail is not
secure. We therefore
request that you do
not send us or ask
for sensitive
information such as
account numbers,
user ID, or password
through any general
or public E-mail
system.
(g) For
security reasons, we
may limit the
frequency and dollar
amount of
transactions from
your account.
(h) We
may modify eValley
from time to time in
accordance with
applicable law.
Additional services
or accounts may
become accessible
through eValley in
the future. As each
becomes available
you will be provided
with a description
of each such service
or account and fees
and will be given
the opportunity to
access each through
eValley. Your use of
these new services
or accounts will
mean that you agree
to any additional
terms and conditions
as well as payment
of fees. Also, we
reserve the right to
delete or modify any
services or accounts
from eValley.
5. User ID(s) and
Password(s).
After your
application is
accepted, we will
send you a user ID
and temporary
password in your
Welcome kit. You
agree to access
eValley as soon as
possible to change
the temporary
password to your
choice of a unique
personal password in
accordance with the
online instructions.
You agree to keep
the user ID and
password
confidential to
prevent unauthorized
access to your
Accounts and to
prevent unauthorized
use of eValley. Your
user ID and password
may be revoked or
canceled at any time
without giving you
prior notice to
assist us in
maintaining the
security of your
Accounts. The user
ID and password are
used to identify you
as an authorized
user of eValley. You
also agree not to
reveal your user ID
and password to any
person not
authorized by us to
use eValley. If you
believe that the
secrecy of your user
ID or password has
been compromised you
should call us AT
ONCE at the number
in Section 9, and
you should change
your password by
following the online
instructions.
We recommend that
you change your
password often, and
retain your password
in a secure location
and separate from
your computer.
6. Periodic
Statements. Your
periodic statements
for your Accounts
will include any
transfers you
authorize using
eValley, as well as
your other account
activity. We will
not return checks
from your eValley
transactions to you
with your statement.
7. Business Days
and Hours of
Operation. For
the purposes of this
Agreement, our
business days
include every day
other than Saturday,
Sunday or one of the
federal holidays.
eValley can only
make transfers on
business days
although you may use
your Computer to use
eValley 24 hours a
day, seven days a
week, except during
any special
maintenance periods.
We will attempt to
schedule maintenance
between midnight and
6 a.m.
8. Your Liability.
You are responsible
for all transfers
you authorize using
eValley. If,
contrary to Section
5 of this Agreement,
you permit other
persons to use
eValley or your user
ID or password, you
are responsible for
any transactions
they authorize from
your Accounts.
Tell us AT ONCE if
you believe your
user ID or password
has been lost or
stolen. Telephoning,
as provided in
Section 9, is the
best way of keeping
your possible losses
down. You could lose
all the money in
your deposit
accounts (plus the
maximum of your
overdraft line of
credit). If you tell
us within two (2)
business days, you
can lose no more
than $50 from each
deposit account if
someone used your
User ID or Password
to access your
deposit Account
without your
permission.
If you do NOT tell
us within two (2)
business days after
you learn of the
loss or theft of
your User ID or
Password, and we can
prove we could have
stopped someone from
using your user ID
or password without
your permission if
you had told us, you
could lose as much
as $500 from each
deposit account.
Also, if your
statement shows
transfers from a
deposit Account that
you did not make,
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 you 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.
With regard to
credit Accounts,
refer to your Credit
Agreements for any
applicable
limitations on your
liability in
connection with
unauthorized use of
your credit
accounts.
9. Contacts in
Event of Lost or
Stolen User ID or
Password or
Unauthorized
Transactions. If
you believe that
your user ID or
password has been
lost or stolen or
that someone
transferred or may
transfer money from
your account without
your permission,
call us immediately
at
(203)
720-5000
and ask
for the eValley
Customer Service
Representative
or write us at:
Naugatuck Valley
Savings and Loan
333
Church Street,
Naugatuck, CT.
06770-0599
Attention: eValley
Customer Service
Representative
10. Our Liability.
We will be
responsible for your
actual losses if
they were directly
caused by our
failure to complete
a transfer to or
from your Accounts
on time or in the
correct amount
according to our
agreements with you.
However, there are
some exceptions. We
will not be liable,
for instance:
(a) If,
through no fault of
ours, you do not
have enough
available funds in
your Account to
complete a
transaction from
that Account, or if
withdrawals from any
of your Accounts
have been prohibited
by a court order
such as a
garnishment or other
legal process, or if
that Account has
been closed.
(b) If
the transfer would
go over the credit
limit on your
overdraft line of
credit.
(c) If
the Account has been
closed.
(d) If
you have not
properly followed
your eValley
instructions on how
to make a transfer
or if your Computer
or other equipment
fails or
malfunctions.
(e) If
you have not given
us complete, correct
and current
instructions so that
we can make a
transfer.
(f) If
we have reason to
believe that a
transaction has not
been properly
authenticated or is
fraudulent.
(g) If
eValley was not
working properly and
you knew or should
have known about the
breakdown when you
attempted to
authorize a
transfer.
(h) If
circumstances beyond
our control prevent
the making of a
transfer, despite
reasonable
precautions that we
have taken. Such
circumstances
include, equipment
failure or
breakdown, acts of
God or other
conditions beyond
our control. We will
be responsible for
acting only on those
instructions sent
through eValley,
which we actually
receive.
(i) For
other exceptions to
our liability as
stated in our
Electronic Fund
Transfer Agreement.
(j) For
any indirect,
incidental, special
or consequential
damages if our
failure was not
intentional and
resulted from a bona
fide error,
notwithstanding our
procedures to avoid
such error.
11. Error
Resolution. In
case of errors or
questions about your
eValley
transactions,
contact us
immediately at
(203)
720-5000
and ask
for the eValley
Customer Service
Representative
or write us at:
Naugatuck Valley
Savings and Loan
333
Church Street,
Naugatuck, CT.
06770-0599
Attention: eValley
Customer Service
Representative
For Credit Account
Transactions: Write
or telephone us at
the address set
forth in your credit
Agreement or
periodic statement.
For credit Account
transactions, if you
telephone us instead
of writing, you may
lose certain rights
the law gives you to
dispute billing
errors.
If you think your
statement is wrong
or if you need more
information about a
transaction listed
on the statement, we
must hear from you
no later than sixty
(60) days after we
sent the FIRST
statement on which
the problem or error
appeared. You must:
Tell us your name
and Account
number(s)
Describe the error
or the transfer you
are unsure about and
explain as clearly
as you can why you
believe it is an
error or why you
need more
information.
Tell us the dollar
amount of the
suspected error.
If you tell us
orally, we may
require that you
send us your
complaint or
question in writing
within ten (10)
business days.
(a)
Deposit Accounts. We
will tell you the
results of our
investigation within
ten (10) business
days after we hear
from you and will
correct any error
promptly. (We may
extend this time
period to 20
business days if the
error occurred
within 30 days of
the first deposit to
your account). If we
need more time,
however, we may take
up to 45 days to
investigate your
complaint or
question. (If the
complaint or
question concerned a
transaction that
occurred within 30
days of the first
transaction to your
Account, we may take
up to 90 days to
complete our
investigation). If
we decide to do
this, we will
re-credit your
deposit 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 within
ten (10) business
days, we may not
re-credit your
deposit Account.
We will tell you the
results within three
business days after
completing our
investigation. If we
decide that there
was no error, we
will send you a
written explanation.
You may ask for
copies of the
documents that we
used in our
investigation.
(b) Line
of Credit Accounts.
You do not have to
pay any amount in
question while we
are investigating,
but you are still
obligated to pay the
parts of your credit
Account bill that
are not in question.
While we investigate
your question, we
cannot report the
amount in question
as delinquent or
take any action to
collect the amount
you question.
12. Charges for
eValley. The
charges for the use
of eValley are
listed on our Fee
Schedule, which has
been provided to
you. This schedule
may be amended from
time to time to
change or add fees.
You authorize us to
deduct all
applicable eValley
fees from any
Account you have
with us. In addition
to the schedule of
charges found in the
Fee Schedule, the
service charges and
fees provided for in
the applicable
Deposit Account and
Credit Agreements
will continue to
apply.
13. Disclosure of
Account Information
to Others. We
will disclose
information to third
parties about you,
your Accounts or the
transfers you make
under the following
circumstances:
(a) We
have entered into an
agreement to have
another party
assisting us in
providing eValley.
In order to carry
out your
instructions we will
provide this party
with, or it will
receive from you,
information about
your Accounts, your
eValley Online
Banking transactions
and your e-mail
messages;
(b)
Where it is
necessary for
completing
transfers;
(c) In
order to verify the
existence and
condition of your
Accounts for a third
party, such as a
payee or holder of a
check issued by
eValley or a credit
bureau;
(d) In
order to report our
experience regarding
your Accounts or
eValley transactions
to financial
institutions and
credit reporting
agencies;
(e) To
collect any debt
that you may owe to
us;
(f) We
may collect customer
Account data for the
purpose of learning
about aggregate
customer usage
patterns, customer
telephone inquiries,
and the
effectiveness of
eValley, but shall
not disclose
individual
identifiable
information except
as provided in this
Section;
(g) In
order to comply with
laws, government
agency rules or
orders, court
orders, subpoenas or
other legal
processes in order
to give information
to any government
agency or official
having legal
authority to request
such information; or
(h) If
you give us your
written permission;
(i) For
any of the reasons
listed in the
Electronic Fund
Transfer Agreement.
14. Data
Recording. The
information and
E-mail messages
relating to eValley
may be recorded. By
using eValley, you
consent to such
recording.
15. Amendment of
this Agreement.
We may at any time
(subject to legal
restrictions) amend
this Agreement. We
will notify you of
any amendment to
this Agreement as
required by law.
eValley and your
Accounts will be
governed by the
Agreement as
amended.
16. Assignment.
We may assign our
rights and delegate
our duties under
this Agreement to
any other party.
17. Termination.
In addition to our
right to revoke or
cancel your user ID
and/or password
under Section 5 of
this Agreement, your
ability to use any
or all of the
services of eValley
may be terminated at
any time by us or
you upon giving
notice of the
termination to the
other party. If you
terminate eValley,
you authorize us to
continue making
transfers you have
previously
authorized until
such time as we have
had a reasonable
opportunity to act
upon your
termination notice.
Once we have acted
upon your
termination notice,
we will make no
further transfers
from your Accounts,
including any
transfer you have
previously
authorized. If we
terminate your use
of eValley, we
reserve the right to
make no further
transfers from your
Accounts, including
any transactions you
have previously
authorized.
18. Severability.
If any provision of
this Agreement is
held invalid,
illegal, void or
unenforceable by any
rule or law,
administrative order
or judicial
decision, all other
provisions of the
Agreement shall
remain in full
force.
19. Governing Law.
This Agreement is
governed by and
shall be construed
in accordance with
the laws of the
State of Connecticut
and applicable
federal law. |