Online Banking, eStatement, and Mobile Banking Terms and Conditions Disclosure
- Online Banking
Online Banking is a service provided to you by New Haven Bank which permits you to access your accounts with New Haven Bank in order to transfer funds, pay bills or check the status of your accounts. You can access these services through the use of a personal computer and an Internet Service Provider.
In order to use this service you must be an existing deposit account customer of New Haven Bank. Current customers of the Bank, after reading and accepting the terms and conditions of this disclosure, may apply online for the service.
This Online Banking Agreement and Disclosure ("Agreement") describes your rights and obligations as a user of the Online Banking service and other services to include Mobile, Mobile Deposit Capture, eStatement and Bill Payment service ("Services"). (Customers enrolling in Bill Payment services will also be required to accept additional terms and conditions specific to that service as required by CheckFree) It also describes the rights and obligations of New Haven Bank ("Bank"). Please read this Agreement carefully. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement.
The terms and conditions described in this Agreement are in addition to all other disclosures and agreements you have received relating to your accounts with New Haven Bank.
Note: In accordance with consumer regulations, not all terms and conditions found within this agreement apply to Business Account holders. In addition, some services may not be available to Business Account holders. Contact us at 203-285-6491 for additional information.
New Haven Bank is not responsible for the equipment and software you may use to access or use in conjunction with our Online Banking program, nor for any errors, failures, malfunctions, computer viruses or related problems that may be associated with the use of the Online Banking program. WE DISCLAIM ALL WARRANTIES REGARDING YOUR COMPUTER AND SOFTWARE AND THEIR USE THROUGH THE New Haven Bank ONLINE BANKING SYSTEM, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The following definitions apply in this Agreement:
- "Authorized Representative" refers to a person with authority (with respect to the account)
- "Bill Payment" is the online service that enables the scheduling of bill payments using a personal computer
- "ISP" refers to your Internet Service Provider
- "Online Banking" is the internet-based service providing access to your Bank account(s)
- "Online Account" means the Bank account from which you will be conducting transactions using a Service
- "Password" is the customer-generated code selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service
- "PC" means your personal computer which enables you, with the Internet browser and ISP, to access your Online Account
- "Time of day" references are to Eastern Standard Time
- "User ID" is the Bank-generated identification code assigned to you for your connection to the Service
- "We", "us", or "Bank" refer to Bank Name which offers the Services and which holds the accounts accessed by the Services
- "You" or "your" refers to the owner of the account or the authorized representative.
The New Haven Bank Online Banking system has been designed to allow you to control your financial tasks from a personal computer. Depending on the services requested, you will be able to:
- View a summary of your accounts, including loans, held at New Haven Bank.
- Transfer funds between accounts.
- Access information regarding deposits, checks, electronic debits and credits and ATM transactions.
- Establish payees and schedule current, future, recurring or non-recurring payments.
- Categorize payments for budgeting and tax purposes.
- Access reports to view payments to specific payees, categories of payments, cash flow and tax reports.
You may use the Online Banking System to contact us by electronic mail (e-mail). The Bank may not receive the e-mail immediately so if there are instances that need immediate attention, please contact us directly 203-285-6490.
Because each individual has a personal user name and password, no transfers or payments may be made from any account that requires more than one signature.
Any charges or fees associated with your accounts have been provided to you in the Bank's Schedule of Fees and all deposit agreements apply as applicable to the Online Banking system. If these charges or fees are amended at any time, you will be notified by mail of the changes.
The Bank reserves the right to terminate your accounts and the use of the Online Banking system at any time. Upon termination the Bank will make no further transfers or payments from your account, including any transactions you have previously authorized
Electronic Funds Transfer Disclosure Relating to Online Banking
When you opened your account with New Haven Bank or began using a new service that involved the electronic transfer of funds, you received a disclosure explaining the terms and conditions relating to these types of transactions. Online Banking also uses electronic transfers to process some transactions. The section below describes the terms and conditions relating to electronic transfers when using the Online Banking system. Prior disclosures remain in effect for other types of electronic funds transfers.
What is an "Electronic Funds Transfer"?
"Electronic Funds Transfer" (EFT) is a transfer of funds by electronic means. The term EFT includes all point-of-sale transfers, ATM transfers (deposits and withdrawals), direct deposits, electronic payments, and transfers initiated by telephone or by a computer terminal.
EFT accounts, which can be either a checking or savings account, must be in the name of a natural person and be used only for personal, family, or household purposes.
To initiate an EFT transaction an "access device" is used. This can be a card, a code, or any other means of access to an account that a consumer can use to initiate electronic fund transfers or a combination of these. A computer password will be the access device for your Online Banking transfers.
What Types of Services are Available Online?
You may use your password to access your accounts in order to:
1. Transfer funds between your checking and savings accounts or from your checking or savings account to your loan account. Checking accounts include all types of demand deposit accounts to include Money Market Accounts.
2. Pay bills through the Online Banking system.
What is a Business Day?
Business days are Monday through Friday. Federal holidays are not included.
How Frequently Can Transfers be Made?
1. You may transfer funds as permitted in your New Haven Bank Deposit Account Contract. The number of funds transfers and bill payments is unlimited except for Money Market and Savings Accounts. If you use a Money Market or Savings Account, a maximum of six (6) transfers per monthly statement cycle by either a computer, telephone, wire, or pre-authorized transfers is allowed.
2. Transfers may take up to one business day depending on the day and time the transfer is requested. Transfers will be made if funds are available. For security reasons, there are limits on the dollar amount of transactions from your accounts.
What if a Transfer is Not Made?
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer
- If the terminal or system was not working properly and you knew about the breakdown when you started the transfer
- If the computer, software, or Internet Service Provider you used to conduct the transaction fails or malfunctions
- If you have not provided complete, correct and current information needed to make a transfer or process a bill payment
- If you do not authorize a bill payment allowing sufficient time for the payment to be made and properly credited by the payee by the time it is due or if the payee fails to credit your account promptly upon receipt
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken
- For any indirect, incidental, special or consequential damages that were not intentional but the result of a bona fide error, notwithstanding our procedures to avoid such errors
- There may be other exceptions stated in our agreement with you
What Documentation Will You Receive?
You can get balance and transactional information on any day. This information may only be current as of the close of business on the previous business day.
If you make a transfer from one type of account to another, you will receive a confirmation and reference number for the transaction on the computer. You are advised to either print this confirmation or copy down the reference number for your records.
Can Payments Be Stopped?
If you have transmitted a bill payment request, you can void your request using the Online Banking system. Your request to void the transaction must be made while the transaction is still in "pending" status.
If you are unable to access the Online Banking system and wish to void an individual or recurring bill payment request, you can call us at 203-285-6490 or write us at New Haven Bank, 299 Whalley Ave., New Haven, CT 06511 and we will make a good faith effort to stop the processing of the bill payment request. Your instructions must describe the bill payment request with reasonable certainty (it must include the transmit date, amount of payment and payee).
We will not be liable if we fail to stop the processing of a bill payment request because you did not provide us with sufficient information or you did not allow us a reasonable opportunity to act on it. We will not be liable if the processing of a bill payment request causes checks drawn on your account to be returned for insufficient funds. If we do stop the processing of a bill payment request at your direction, you agree to pay all costs we may incur as a result.
Oral or written stop payment instructions are good for 180 (one hundred eighty) days unless we receive written notice to remove it or renew it before the 180 (one hundred eighty) day period expires. If you ask us to stop one of these payments 3 (three) business days or more before the bill payment request is scheduled to be processed, and we do not do so, we will be liable for your losses or damages.
What are the Charges for EFT Services?
Any charges for EFT services are contained in New Haven Bank's Schedule of Fees.
What Third Parties Will Be Given Information?
It is our general policy to treat your account information as confidential.
However, we will disclose information to third parties about your account or the transactions you make in the following situations:
1. If we return checks on your account drawn on non-sufficient funds or if we are unable to complete an electronic transfer of non-sufficient funds
2. Where it is necessary for completing transactions
3. Where it is necessary for activating additional services
4. In order to verify the existence and condition of your account for a third party, such as a credit bureau, merchant, or payee
5. In order to comply with government agency or court orders
6. If you give us your written permission,
What You Should do if Your Password is Lost or Stolen
When you apply for Online Banking you will be provided with a user name and a temporary password. You must select a new password immediately upon accessing Online Banking for the first time. In order to limit your liability, tell us AT ONCE if you believe your password has been lost or stolen.
Telephoning New Haven Bank about your password is the best way of keeping your possible losses to a minimum. You could lose all the money available for withdrawal in your account. If you tell us within two business days you can lose no more than $50 if someone used your password without your permission. If you do NOT tell us within 2 (two) business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using the money in 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, tell us at once. If you do not tell us within 60 (sixty) days after the statement was mailed to you, you may not get back any money you lost after the 60 (sixty) 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 a hospital stay) kept you from telling us, we may extend the time periods.
If you believe your password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call 203-285-6490 or write us at: New Haven Bank, 299 Whalley Ave., New Haven, CT 06511.
What Should You Do In Case of Errors or Questions?
In case of errors or questions about your electronic transfers, telephone us at 203-285-6490 write us at: Operations Department, New Haven Bank, 299 Whalley Ave., New Haven, CT 06511 as soon as you can. If you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 (sixty) days after we sent the FIRST statement on which the problem or error appeared.
We will need to know:
- Your name and account number
- A description of the error or the transfer you are unsure about, and a clear explanation of why you believe it is an error, or why you need more information
- The dollar amount of the suspected error
If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within 10 (ten) business days after we hear from you 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. If we decide to do this, we will provisionally credit your account within 10 (ten) business days (twenty (20) business days for new accounts) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 (ten) business days, we may not provisionally credit your account.
We will tell you the results within 3 (three) business days after completing our investigation. If we decide 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. The Service may revoke any provisional credit provided to you if we find an error did not occur.
Wire/Funds Transfer Disclosure
Funds Transfers- The terms used in this section have the meaning given to them in Article 4A of the Uniform Commercial Code- Funds Transfers (UCC 4A). This section will generally not apply to you if you are a consumer. However, even if you are a consumer, this section will apply to that part of any funds transfer that is conducted by Fedwire. This section is subject to UCC 4A as adopted in the state in which you have your deposit with us. This agreement is also subject to all clearing house association rules, rules of the Board of Governors of the Federal Reserve System and their operating circulars. If any part of this agreement is determined to be unenforceable, the rest of the agreement remains effective. This agreement controls funds transfers unless supplemented or amended in a sperate written agreement signed by us.
Funds transfer- A funds transfer is the transaction or series of transactions that begin with the originator’s payment order, made for the purpose of making payment to the beneficiary of the order. A funds transfer is completed by the acceptance by the beneficiary’s bank of a payment order for the benefit of the beneficiary of the originator’s order. Generally, a funds transfer does not include any transaction if any part of the transfer is covered by the Electronic Fund Transfer Act of 1978, as amended from time to time. You may give us a payment order orally, electronically, or in writing, but your order cannot state any condition to payment to the beneficiary other than the time of payment.
Authorized Account- An authorized account is a deposit account you have with us that you have designated as a source of payment of payment orders you issue to us. If you have not designated an authorized account any account you have with us is an authorized account to the extent that payment of the payment order is not inconsistent with the use of the account.
Acceptance of your payment order- We are not obligated to accept any payment order that you give us, although we normally will accept your payment order if you have a withdrawable credit in an authorized account sufficient to cover the order. If we do not execute your payment order, but give you notice of our rejection of your payment order after the execution date or give you no notice, we are not liable to pay you as restitution any interest on a withdrawable credit in a non-interest bearing account.
Cutoff time- If we do not receive your payment order or communication canceling or amending payment order before 3PM on a funds transfer day that that type of order or communication, the order or communication will be deemed to be received at the opening of our next funds transfer business day.
Payment of your order- If we accept a payment order you give us; we may receive payment by automatically deducting from any authorized account the amount of the payment order plus the amount of the any expenses and charges for our services in execution of our payment order. We are entitled to payment on the payment or execution date. Unless your payment order specifies otherwise, the payment or execution date is the funds transfer date we receive the payment order. The funds transfer is completed upon acceptance by the beneficiary’s bank. Your obligation to pay your payment order is excused if the funds transfer is not completed, but you are still responsible to pay us any expenses and charges for our services. However, if you told us to route the funds transfer through an intermediate bank, and we are unable to obtain a refund because the intermediate bank that you designated has suspended payments, then you are still obligated to pay us for the payment order. You will not be entitled to interest on any refund you receive because the beneficiary’s bank does not accept the payment order.
Security procedure- As described more fully in a separate writing, the authenticity of a payment order or communication canceling or amending a payment order issued reasonable in your name as the sender may be verified by a security procedure. You affirm that you have no circumstances which are relevant to the determination of a commercially reasonable security procedure unless those circumstances are expressly contained in a separate writing signee by us, You may choose from one of more security procedures that we have developed, or you may develop your own security procedure if it is acceptable to us. If you refuse a commercially reasonable security procedure that we have offered you, you agree that you will be bound by any payment order issued in your name, whether or not authorized, that we accept in good faith and in compliance with the security procedure you have chosen.
Duty to report unauthorized or erroneous payment- You must exercise ordinary care to determine that all payment orders or amendments to payment orders that we accept that are issued in your name are authorized, enforceable, in the correct amount, to the correct beneficiary and not otherwise erroneous. If you discover (or with reasonable are should have discovered) an unauthorized, unenforceable or erroneously executed payment order or amendment, you must exercise ordinary care to notify us of the relevant facts. The time you have to notify us will depend on the circumstances, but that time will not in any circumstances exceed 14 days from when you are notified of our acceptance or execution of the payment order or amendment or that your account was debited with respect to the order or amendment. If you do not provide us with timely notice you will not be entitled to interest on any refundable amount. If we can prove that you failed to perform either of these duties with respect to an erroneous payment and that we incurred a loss as a result of the failure, you are liable to us for the amount of the loss not exceeding the amount of your order.
Identifying number- If your payment order identifies an intermediate bank, beneficiary bank, or beneficiary by name and number, we and every receiving or beneficiary bank may rely upon the identifying number rather than the name to make payment, even if the number identifies an intermediate bank or person different than the bank or beneficiary identified by name. Neither we nor any receiving or beneficiary bank have any responsibility to determine whether the name and identifying number refer to the same financial institution or person.
Record of oral or telephone orders- You agree that we may, if we choose, record any oral or telephone payment order or communication of amendment or cancelation.
Notice of credit- If we receive a payment order to credit an account you have with us, we are not required to provide you with any notice of the payment order or the credit.
Provisional credit- You agree to be bound by the automated clearing house association operating rules that provide that payments made to you or originated by you by funds transfer through the automated clearing house system are provisional until final settlement is made through a Federal Reserve Bank or otherwise payment is made as provided in Article 4A-403(a) of the Uniform Commercial Code.
Refund of credit- You agree that if we do not receive payment of an amount credited to your account, we are entitled to a refund from you in the amount credited and the party originating such payment will not be considered to pay the amount so credited.
Amendment of funds transfer agreement- From time to time we may amend any term of this agreement by giving you reasonable notice in writing. We may give noticed to anyone who is authorized to send payment orders to us in your name, or to anyone who is authorized to accept service.
Cancelation or amendment of payment order- You may cancel or amend a payment order you give us only if we receive the communication or cancelation or amendment before our cutoff time and in time to have a reasonable opportunity to act on it before we accept the payment order. The communication of cancelation or amendment must be presented in conformity with the same security procedure that has been agreed to for payment orders
Intermediaries- We are not liable for the actions of any intermediary, regardless of whether or not we selected the intermediary. We are not responsible for acts of God, outside agencies, or non-salaried agents.
Limit on liability- You waive any claim you may have against us for consequential or special damages, including loss of profit arising out of a payment order or funds transfer, unless this waiver is prohibited by law. We are not responsible for attorney fees you might incur due to erroneous execution of payment order.
Erroneous execution- If we receive an order to pay you, and we erroneously pay you more than the amount of the payment order, we are entitled to recover from you the amount in excess of the amount of the payment order, regardless of whether you may have some claim to the excess amount against the originator of the order.
Objection to payment- If we give you a notice that reasonably identifies a payment order issued in your names as sender that we have accepted and received payment for, you cannot claim that we are not entitled to retain the payment unless you notify us of your objection to the payment within one year of our notice to you.
Our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once the funds are available, you can withdraw them in cash and we will use the funds to pay checks that you have written.
Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.
For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before closing on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after closing or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
If you make a deposit at an ATM before 3:00 p.m. on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit at an ATM after 3:00 p.m. or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it.
If we accept for deposit a check that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.
LONGER DELAYS MAY APPLY
Case-by-case delays. In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day aft the day of your deposit. The first $225 of your deposits, however, will be available on the first business day.
If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.
If you will need the funds from a deposit right away, you should ask us when the funds will be available.
Safeguard exceptions. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:
- We believe a check you deposit will not be paid.
- You deposit checks totaling more than $5,525 on any one day.
- You redeposit a check that has been returned unpaid.
- You have overdrawn your account repeatedly in the last six months.
- There is an emergency, such as failure of computer or communications equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.
SPECIAL RULES FOR NEW ACCOUNTS
If you are a new customer, the following special rules will apply during the first 30 days your account is open.
Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,525 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,525 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525 will not be available until the second business day after the day of your deposit.
Funds from all other check deposits will be available on the fifth business day after the day of your deposit.
Enrollment Terms and Conditions
By accepting the terms below, you agree to receive your selected periodic account statement(s) electronically via Online Banking and you agree that you will no longer receive your statements in paper form. It also means that you agree to receive online any legal notices and other information affecting your account(s) that would otherwise have been included with your paper statement, including, but not limited to, account agreements, fee schedules, privacy and other regulatory notices, and amendments to any of those documents. If paid checks or images of paid checks are returned with your paper statement the images of paid checks will not be returned, but images of your paid checks will continue to be available online. When you select this option, you must then log on to New Haven Bank’s secure Online Banking Web site using your Online Banking password and access ID to view your eStatements, check images and/or other notifications.
In order to access your periodic account statement information electronically, you must have a computer with Internet access and Microsoft Windows 7 or greater, or Mac operating system. A Microsoft Windows® computer must have at least one of the following web browsers installed: the latest available version of Microsoft Internet Explorer®, Google Chrome®, or Firefox®. A Macintosh® computer must have at least one of the following web browsers installed: the latest available version of Apple Safari®, Microsoft Internet Explorer®, or Firefox®. We cannot guarantee full functionality with any other configurations than what has been outlined above. Additionally, any current functionality on a different configuration may be diminished or eliminated in future updates to the service. From time to time the hardware and/or software requirements to download and view eStatements may change. When this happens we will notify you of any changes by mail.
A PDF version of your account statement will be made available. The PDF version of your periodic account statement will be the legal statement of record. Adobe Acrobat Reader® DC (or other software capable of reading a PDF file) is required to view your statement. Adobe Acrobat Reader® can be acquired for free at www.adobe.com/reader. In order to print and retain a paper copy of your statements, you will need a printer attached to your computer.
Review of Periodic eStatements: You must promptly access and review your periodic account statement and notify New Haven Bank in writing immediately of any error, unauthorized transaction, or any other irregularity. If you allow someone else to access your eStatement, you are still fully responsible to review the periodic account statement for any errors, unauthorized transactions, or any other irregularities. Any applicable time periods, as described in the Deposit Account Contract and disclosed on the periodic account statement, within which you must notify New Haven Bank of any errors on your personal account statement shall begin on the periodic account statment email notification date regardless of when you access and/or review your eStatement(s). If you do not immediately report to New Haven Bank any non-receipt of eStatements or any error, irregularity, discrepancies, claims or unauthorized debits or items, you shall be deemed conclusively to have accepted all matters contained in the eStatement to be true, accurate and correct in all respects. Your periodic account statement will become available through the Service shortly after the end of your statement cycle period. Your check images may be available to you even before all of the images of your cancelled checks have been processed for the statement cycle period. However, the Service is updated multiple times each day and as soon as your check images are processed, they will be made available to you through the Service.
Your account statements will become available through the Service incrementally each month after you enroll in the Service, creating an archive of (16) sixteen months of past statements. If you wish to retain your account statements for a longer period of time, you should download them to your computer or print them. If you request a paper copy of either your deposit account statement or any check referenced in that statement from us, we will provide a legible copy within a reasonable period of time. A paper statement fee may be applicable.
eStatements may only be accessed through New Haven Bank Online Banking. When your eStatements are available, you will receive an email notification to the email address you have on file with New Haven Bank. Any account statement posted will be considered delivered on the day that it was first made available to you for viewing. If your email notification is returned to us undeliverable, we may discontinue eStatement services and mail your periodic account statements in paper form to your current mailing address on file via U. S. Mail. There may be a charge in accordance with the applicable Fee Schedule for subsequent paper statements. Regardless of your receipt of email notification, you agree that our posting of your statements on the Online Banking Web site constitutes delivery of your periodic account statement. You agree to log on to Online Banking at least once a month to review your statements.
You agree to provide New Haven Bank with an email address in order to receive your email notifications. It is your responsibility to ensure that New Haven Bank has your correct email address. If your email address changes, you must provide us with your new email address by contacting the Bank in writing at the address listed below, updating it through your Online Banking or by contacting one of our Member Service Representatives, in person, at any branch location. You may request a paper copy of any statement or other information received electronically under this Agreement by writing to us at the address listed below. We may charge a fee for each paper statement copy you request. You may also contact one of our Member Service Representatives, in person, at any branch location.
You may elect at any time to withdraw consent to receive your periodic account statement in electronic format by submitting a request to the Bank in writing at the following address: New Haven Bank, 299 Whalley Ave., New Haven, CT 06511 or by contacting one of our Customer Service Representatives, in person, at any branch location. By clicking the accept button, you acknowledge that you have read and agree to the terms and conditions in this “ELECTRONIC STATEMENT DELIVERY DISCLOSURE AND AGREEMENT.” You further acknowledge that you are authorized to enter into this Agreement for all persons who are authorized to access any of your accounts and that all persons will also be bound by the terms and conditions within this Agreement.
- Mobile Banking
Please read the following terms and conditions carefully. By utilizing New Haven Bank’s Mobile Banking Services, you agree to the terms and conditions stated below and all terms, conditions and disclosures provided to you regarding these services and your account(s). You agree to have a legal obligation by these terms and conditions and accept them in full. These terms may be modified by New Haven Bank at the Bank’s discretion, and such notification will be posted to the Bank’s website. The Bank recommends that you print a copy of these Terms & Conditions for your records.
Warranties - Although New Haven Bank strives to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the "Contents") for Mobile Banking Services, it makes no representation, endorsement or warranty that such Contents are accurate or suitable for any particular purpose. Mobile Banking Services and the Contents are provided on an "as is" basis. Use of the service and its contents are at the user's sole risk. The Mobile Banking Service and the Contents are provided without any representations, endorsements, or warranties, either express or implied, including, but not limited to, any warranties of title or accuracy and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law. The Bank also makes no representations, endorsements, or warranties, either expressed or implied, with respect to any service operated by a third party.
Limitation of Liability – New Haven Bank and/or its subsidiaries, affiliates, contractors, or their respective employees will not be held liable for any damages, including, without limitation, indirect, incidental, special, consequential or punitive damages, whether under a contract, tort or any other theory of liability, arising in connection with any party's use of the service or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or a loss of use related to this service or any service operated by any third party or any contents of this service or any other service.
Limitation of Liability for Mobile Banking Transactions - If you believe your mobile Banking login username or password has been compromised or if someone has transferred money from your account without your permission, the best way to minimize your loss is to call the Bank immediately. The unauthorized use of your Mobile Banking Services could cause loss to money in your accounts, in addition to any amount available under your overdraft protection plan.
You will have no liability for unauthorized transactions if you notify the Bank within sixty (60) days after the statement showing the transaction has been mailed to you (or ninety (90) days if the transaction was from an account maintained at another financial institution). If you do not, you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the sixty (60)-day period (or ninety ( 90) day period if the transaction was from an account maintained at another financial institution), if we can show that we could have stopped the transaction if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods.
If you provide someone your mobile Banking username and password, you are authorizing that individual to use your service, and you are fully responsible for all transactions that individual performs while using your service. All transactions that an individual performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the individual is no longer authorized, then only the transactions that individual performs after the time you notify the Bank are considered unauthorized.
Bank Liability for Failure to Complete Transactions – If the Bank does not complete a transaction to or from your account in a timely manner, or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, some exceptions may apply:
- If you do not have sufficient funds available in your account (or available funds under your overdraft protection plan), or credit to cover the transaction or transfer requested.
- If Mobile Banking Services were not properly working, and you were aware of the malfunction when you initiated the transaction or transfer.
- If circumstances beyond the Bank’s control (i.e., fire, flood, natural disaster) prevented the transaction or transfer, despite reasonable precautions taken.
- If there are processing delays by the Payee.
Scope of Service – The contents included in the Mobile Banking Services are solely for the personal use of account users. You may not copy (other than a copy for personal records), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents without the prior written consent of the Bank. Mobile Banking Services are provided complimentary as an add-on feature for account holders; the Bank has the right to charge for possible mobile services in the future. The Bank recommends consulting with your wireless provider regarding your plan’s details relating to applicable email, text and data rates. In addition, please check the system requirements for participation.
Personal Information - You are aware and agree that the Bank, at its discretion, may record any and all information, instructions, or transactions relayed from your mobile device (s) to the Bank or through intermediaries and to the mobile device (s) from us and/or from intermediaries and collect and store the information in a form and manner as deemed necessary and appropriate.
You acknowledge that in connection with your use of New Haven Bank’s Mobile Banking Services, and its affiliates and service providers, they may receive and share names, domain names, addresses, passwords, telephone and phone numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Bank’s Mobile Banking Services or software (collectively "User Information").
The Bank, and its affiliates and service providers, will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. You agree not to use the Bank’s Mobile Banking Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose. You further agree that your use of the services and software will be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, "spam," and import/export laws and regulations, including U.S. Export Administration Regulations.
Any transmission to the Bank’s Mobile Banking Services, including emails shall be deemed and remain the property of the Bank. Please do not use email to send the Bank communications which contain confidential information, or require immediate attention. Please call 203-285-6490 or send written communications to New Haven Bank: 299 Whalley Ave. New Haven, CT 06511.
Links to Other Services – The Bank may establish links between Mobile Banking Services and other services operated by third parties. The Bank has no restraint over other third party services or the Contents therein. The existence of any such links shall not constitute an endorsement by the Bank.
Modifications – The Bank may at any time make modifications, changes, and alterations to the Contents of this service, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of Mobile Banking Services following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.
Governing Law - These Terms and Conditions shall be governed by and construed in accordance with the law of the State of Connecticut without regard to the conflict of laws thereof, and to the laws of the United States.
Venue – Any disputes arising from the use of the Bank’s Mobile Banking Services shall be exclusively subject to the jurisdiction of any federal or state court for the State of Connecticut.
Mobile Banking Frequently Asked Questions
Q: What Does This Agreement Cover?
A: This Agreement between you and New Haven Bank governs the use of Mobile Banking services. These services permit the Bank’s customer (consumers, sole proprietors and other business customers) to perform a number of banking functions on accounts linked to the service through the use of a mobile device or mobile smart telephone, including some credit card accounts and investment accounts with Bank affiliates. Unless indicated otherwise by the context, "linked accounts" refers to all of your accounts with the Bank or its affiliates that you have linked to Mobile Banking Services.
Q: How Do I Accept This Agreement?
A: When you use any of the Mobile Banking services described in this Agreement, or authorize an individual(s) to use them, you agree to the terms and conditions of the entire Agreement.
Q: How Does This Affect Other Agreements?
A: By utilizing the Bank’s Mobile Banking Services it may also inadvertently affect other agreements between Bank and your linked accounts. When you link an account to Mobile Banking Services, it does not alter the agreements you already have with the Bank for that account. Similarly, when you use Mobile Banking Services to access a credit account, you do so under the terms and conditions the Bank provided you in the agreement and disclosure for the credit account. The Bank recommends that you review all agreements for any applicable fees, for limitations on the number of transactions you can conduct, and for any other restrictions that may affect your use of an account with Mobile Banking Services.
Q: What is Mobile Banking?
A: Mobile Banking allows you to access all accounts available via Online Banking from your mobile device.
Q: Is There A Fee For Mobile Banking?
A: Mobile Banking Services are complimentary to all Bank customers actively enrolled in Online Banking. However, the Bank recommends checking with your wireless provider regarding applicable data and text message charges. Please check with your wireless provider for complete details.
Q: What Services Are Offered Under Mobile Banking?
A: Mobile Banking Services allows you to:
- Perform basic services such as changing your Mobile ID and Mobile passcode, personalizing the mobile application
- View current balance information for your personal and/or linked accounts.
- Review available transactions for your accounts.
- Transfer funds between your internal accounts on either a one-time or recurring basis.
- Pay bills.
- View contact telephone numbers and additional contact details.
- View account alerts and notifications.
- View branch locations.
- View public information such as ‘about us’ and contact information.
- NOTE: Some of the services listed above may not be available for certain accounts or customers.
- Mobile Check Deposit Additional Considerations
This Mobile Check Deposit Capture Service Addendum (this "Addendum") applies to the Mobile Deposit Service (this "Service"), which is part of the Mobile Banking Service offered by New Haven Bank. You may use this service to deposit certain checks to your checking accounts from home or other remote locations by photographing checks with your mobile device and transmitting the images and associated deposit information to New Haven Bank or its designated processor. This Addendum shall be considered as part of the New Haven Bank Mobile Banking Service Terms and Conditions ("Mobile Banking Terms ") and applies specifically to the Service available to you under this Addendum. Consumers wishing to utilize Mobile Check Deposit must first enroll in online and mobile banking. Business customers requesting access to Mobile Check Deposit should contact New Haven Bank at 203-285-6490
Unless otherwise noted, if there is any conflict between the other sections of the Terms and Conditions and this Addendum, the Addendum will govern the use of the Service. In this Addendum, "you" and "your" refer to the Service user who has enrolled in this Service, and the terms "New Haven Bank," "Bank", "we" and "us" refer to New Haven Bank.
When you use the Service, you accept and agree to all of the terms and conditions of this Addendum, the Mobile Banking Terms, and any agreement between you and New Haven Bank that is applicable to the products and services accessed through the Service, such as the Online Banking Disclosure and Terms and the Consumer Deposit Account Contract (collectively, the “Agreements”). Please read this Addendum and the Agreements carefully before using the Service, and keep a copy for your records.
We may modify this Addendum (including any fees or service charges) from time to time as provided in the Mobile Banking Terms. We reserve the right, in our sole discretion, to add services, eliminate services, or otherwise modify the terms or features of any service. Any change will begin to apply upon the effective date of the change, and will apply only to your future use of the service. You should access and review this Addendum regularly, and if you find it unacceptable to you at any time, please discontinue your use of the Service. Your continued use of the Service will indicate your acceptance of any such changes to the Service. Terms defined in the Agreements shall have the same meaning in this Addendum, unless otherwise stated below.
Limitations of Service: When using the Service, you may experience technical or other difficulties, a system interruption, or a system failure; and in such event, your data may be lost or destroyed. Any transactions that you initiated or completed or were in the process of completing prior to or during any such event should be verified by you through means other than online. We are not liable for and do not assume responsibility for any data loss, or technical or other difficulties or any resulting damages that you may incur, and you assume the risk of loss of your data during any such difficulties, failure or interruption as well as the responsibility to verify the accuracy and completeness of any affected transactions.
This Service has qualification requirements, which include the following: In order to enroll in the Service, you must be an authorized signer or an owner (either individual or joint) of a New Haven Bank deposit account that is eligible for the Service and approved by us. We reserve the right to change the qualifications at any time without notice. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or to terminate your use of the Service, in whole or in part, immediately and at any time without notice or liability to you. No termination of the Service or any part thereof will affect your liability or obligations under this Addendum or the Terms and Conditions accruing prior to the date of termination or any provisions of this Addendum or the Terms and Conditions which, by their nature or by express provision, are intended to survive termination.
Ineligible Items: You agree to scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC ("Reg. CC") and only those checks that are permissible under this Addendum or such other items as we, in our sole discretion, elect to include in the Service. You agree that the image of the check transmitted to New Haven Bank shall be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code as adopted in Connecticut. You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
- Checks payable to any person other than you.
- Checks containing alterations to any of the fields on the front of the check (including the MICR line), or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
- Checks payable to you jointly with one or more other persons, unless deposited into an account in the name of all payees.
- Checks previously converted to a substitute check, as defined in Reg. CC.
- Checks drawn on a financial institution located outside the United States.
- Checks that are remotely created checks, as defined in Reg. CC.
- Checks not payable in United States currency.
- Checks dated more than six (6) months prior to the date of deposit.
- Checks or items prohibited by New Haven Bank's current procedures relating to the Service or which are otherwise not acceptable under the terms of any agreement governing your New Haven Bank account.
- Checks payable on sight or payable through drafts, as defined in Reg. CC.
- Checks with any endorsement on the back other than that specified in this agreement.
- Checks that are drawn or otherwise issued by the U.S. Treasury Department.
- Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution, or that have otherwise been deposited with New Haven Bank or any other financial institution, including checks that have been returned unpaid.
- Checks on which a stop payment has been issued or for which there are insufficient funds.
- Post dated checks (made payable at some point in the future.)
- What about travelers checks and credit card advance checks?
Endorsements and Procedures: Endorsements must be made on the back of the check within 1 ½ inches from the top edge, although we may accept endorsements outside this space. Before transmission, you agree to endorse each check transmitted through the Service with the endorsement "For electronic deposit only, New Haven Bank account #______" or any other endorsement that may be required by New Haven Bank. You agree to follow any and all other procedures and instructions for use of the Service as New Haven Bank may establish from time to time. You agree to promptly supply information in your possession that we request regarding any item you deposit or attempt to deposit through the Service. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.
Receipt of Items: We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. We are not responsible for items we do not receive in accordance with this Addendum or for images that are dropped or damaged during transmission. An item shall be deemed received when the item is shown as “Deposit Pending” on your online status. Receipt of this confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. The online status will change to “Accepted” once we have processed the item on your behalf. We reserve the right to charge back to your account at any time; any item that was subsequently returned to us or that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
Returned Deposits: Any credit to your account for checks deposited using Mobile Check Deposit is provisional. If original checks deposited through Mobile Check Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
Availability of Funds: You agree that items transmitted using the Service are not subject to the funds availability requirements of Reg. CC. You further agree that we may modify the Funds Availability Policy set forth in our Deposit Account Agreement for items transmitted using the Service, including the following modifications: In general, if an image of an item you transmit through the Service is received and accepted before 4:00 p.m. Eastern Time on a business day, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day. Funds deposited using the Service will generally be made available upon “Acceptance” of the deposit by New Haven Bank. We may modify cutoff times and availability times for items deposited through the Service at any time except as prohibited by law. You understand and agree that checks and items must be received and accepted by us before the applicable cutoff time and must not be incomplete, illegible, or erroneous to be eligible for the foregoing availability time frames.
New Haven Bank may delay funds availability in its sole discretion based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as New Haven Bank, in its sole discretion, deems relevant. Should this occur, a communication will be sent to you, informing you as to when your funds will be available. In the event we receive an item you transmit through the Service where we have reason to doubt the collectability of that item, we may delay the availability of funds for a reasonable period of time until the item is either paid or returned. In such cases, we will notify you of this action.
For the purposes of this Addendum, a business day is Monday through Friday, excluding all holidays recognized by the federal government.
Hardware and Software Requirements: In order to use the service, you must obtain and maintain at your own expense, a mobile device driven by the most recent version of an Android or Apple operating system to access this service an agree to this Agreement. Your device will need to be capable of running the most recent version of our mobile app. Upon you consent and agreement to the terms and conditions, a link to these disclosures will be emailed to you and posted in a format that you can save and/or print.
Disposal of Transmitted Items: You agree to retain each check that you transmit under this Addendum for at least fifteen (15) calendar days from the date of the image transmission. After that fifteen (15)-day period, you agree to destroy the check, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. You agree that you will take all necessary efforts to safeguard any checks until they are destroyed. During the time the retained check is available, you agree to promptly provide it to New Haven Bank upon request. You agree never to represent to us or any other party a check or item that has been deposited through the Service unless we notify you that the check or item will not be accepted for deposit through the Service.
Deposit Limits: For added security, New Haven Bank may impose limits the dollar amount and/or number of items or deposits that you may transmit using the Service in a day, and we may modify these limits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, the deposit will still be subject to the terms of this Addendum, and we will not be obligated to allow such a deposit at other times.
Presentment: The manner in which any item transmitted through the Service is cleared, presented for payment, and collected shall be in New Haven Bank' sole discretion, subject to the Agreements governing your account in which the item is deposited.
Errors: You agree to notify New Haven Bank of any suspected errors regarding items deposited through the Service right away, and in no event later than the time frames specified in the Consumer Deposit Account Contract. As further disclosed in your Deposit Account Contract, unless you notify New Haven Bank within such time, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against New Haven Bank for such alleged error.
Errors in Transmission: By using the Service you accept the risk that an item may be intercepted or misdirected during transmission. New Haven Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
Image Quality: The image of an item transmitted to New Haven Bank using the Service must be legible, as determined in the sole discretion of New Haven Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by the American National Standards Institute, the Board of Governors of the Federal Reserve Board or any other regulatory agency, any clearinghouse or association we may use, any service provider we may use, or any higher standard set by us. You agree to promptly rescan or otherwise present original checks or items upon our request if the image quality of an item does not conform to such requirements. You agree that we are not liable for any damages resulting from the poor image quality of an item, including damages related to the rejection or delayed or improper crediting of such item, or from any inaccurate information you provide regarding an item. To minimize the opportunity for any delay in processing or errors it is recommended that checks be placed on a dark background, ensuring the image is in focus and the four corners of the check are visible prior to transmitting the image to the Bank.
Your Warranties, Promises, and Indemnification: You promise to New Haven Bank that:
- You will not transmit any ineligible items.
- You will not transmit duplicate items.
- You will not transmit any item if you are aware of any facts or circumstances that may impair the collectability of that item.
- The digital image of the check transmitted to New Haven Bank is a true and correct image of the original paper check and has not been altered in any manner by you or any third party acting on your behalf.
- You have reviewed and confirmed that the image captured is identical in all respects to the original paper check and that the amount of the check captured is accurate.
- You will not re-deposit or re-present the original item.
- The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.
- You are authorized to enforce and obtain payment of the original check.
- You have possession of the original check and no party will submit the original check for payment.
- All information you provide to New Haven Bank is accurate and true.
- You will comply with this Addendum and all applicable rules, laws and regulations in using this Service.
- You acknowledge that check images that do not meet the standards for deposit utilizing the service must be physically deposited at the Bank by you. (Check images must also include the following information: The check number and name of the payer must be commercially imprinted on the original check. Your name is imprinted or legibly written in ink on the original check. The payer’s U.S. street address and zip code are written on the original check. You agree that we will not be liable for any damages relating from a check or items poor image quality, including those related to rejection of or delayed or improper crediting or such check or item, or from any inaccurate information you supply regarding the check or item.)
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS AND DEFEND New Haven Bank, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, LICENSORS AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL FIRST AND THIRD PARTY CLAIMS, LIABILITIES, DAMAGES, EXPENSES, COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES) AND OTHER LOSSES CAUSED BY OR RESULTING FROM YOUR USE OF THE SERVICE, THE USE OF THE SERVICE BY ANY OF YOUR CO-DEPOSITORS OR ANY OTHER PERSON WHOM YOU HAVE PERMITTED TO USE THE SERVICE, YOUR BREACH OF THIS ADDENDUM OR THE AGREEMENTS, YOUR INFRINGEMENT, MISUSE OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, AND/OR YOUR COMMISSION OF FRAUD OR ANY OTHER UNLAWFUL ACTIVITY OR CONDUCT.
Cooperation with Investigations: You agree to cooperate with us in the investigation of unusual transactions or poor quality transmissions, and in the resolution of claims related to items transmitted through the Service, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.
Enforceability: We may waive enforcement of any provision of this Addendum. No waiver of a breach of this Addendum shall constitute a waiver of any prior or subsequent breach of the Addendum. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Addendum. In the event that any provision of this Addendum shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Addendum shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
Mobile Check Deposit Security: You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. You agree not to store your password for Mobile Check Deposit services on the device(s) you use to access such services. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone with written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. Ownership & License: You agree that New Haven Bank retains all ownership and proprietary rights in the Service, associated content, technology, and website(s). Your use of the Service is subject to and conditioned upon your complete compliance with this Addendum. Without limiting the effect of the foregoing, your breach of this Addendum immediately terminates your right to use the Service. Without limiting the restriction of the foregoing, you may not use the Service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to New Haven Bank's business interest, or (iii) to New Haven Bank’s actual or potential economic disadvantage in any aspect. You may use the Service only for non-business, personal use in accordance with this Addendum. You may not copy, reproduce, distribute or create derivative works from the Service or the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service. You may not make the Service available, disclose, or allow use of it by or for the benefit of any third party.
Third Party Beneficiaries: You agree that our service providers (including any provider of the mobile deposit software) may rely upon your agreements and representations in this Addendum, and such service providers are third party beneficiaries of such agreements and representations, with the power to enforce those provisions against you, as applicable and as the circumstances or context may require.
Disclaimer of Warranties: YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE SERVICES OR THE TECHNOLOGY USED TO PROVIDE THE SERVICES, WHETHER DUE TO A COMPUTER VIRUS OR OTHERWISE. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE AND ANY OF THE TECHNOLOGY USED TO PROVIDE THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OR ANY DATA OR INFORMATION THAT MAY BE OBTAINED FROM THE SERVICE WILL BE CURRENT, ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
Limitation of Liability: YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF New Haven Bank HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE SERVICE (INCLUDING ANY SOFTWARE OR THEIR MATERIALS SUPPLIED IN CONNECTION WITH THE SERVICE) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE SERVICE.
Mobile Check Deposit Unavailability: Mobile Check Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. In the event that Mobile Check Deposit is unavailable, you may deposit original checks at a branch or through our ATMs.
In the event of a system failure or interruption, your data may be lost or destroyed. Any mobile deposit that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online banking to ensure the accuracy and completeness of such transaction. You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any mobile deposit transaction affected by the system failure or interruption.
Right To Terminate: You or we may terminate the Mobile Check Deposit service at any time. We reserve the right to terminate, suspend, or modify the Mobile Check Deposit service at any time without notice to you. You consent to this Agreement and any updates to the terms and conditions, which will be communicated to you through the email address you have recorded with Online Banking. A link to the most current Agreement will be emailed to you and posed in a format that you can save and/or print.
You must notify us if you wish to discontinue your use of the service by contacting us by phone at 203-285-6490 or visiting your local branch. You agree to provide us any financial information we reasonably request during the term of this Agreement. You authorize us to regularly monitor your transaction and account activity.
Enforceability: We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
Fees and Charges: So long as this Agreement remains in effect, you agree to the normal deposit service charges established from time to time by the Bank and, in addition thereto, the fees and charges set forth in the Bank’s Schedule of Charges, as provided from time to time hereafter to you, and all such other fees and charges as may be agreed upon from time to time by you and the Bank.
For additional information and terms regarding your account(s), please reference your current New Haven Bank Consumer Deposit Account Agreement and/or Business Deposit Account Agreement.