Mechanics Bank Online Banking Agreement
This Agreement describes your rights and obligations as a user of the Online Banking Service (hereafter referred to as “Service” or “Services”). It also describes the rights and obligations of Mechanics Bank (also referred to as the “Bank”). It does not include the Bank’s Bill Payment Service. The terms and conditions of the Bill Payment Service are addressed in a separate agreement. Please read this Agreement carefully. As an authorized account holder you must abide by the terms and conditions of this Agreement and those provided to you at your account opening, in order to use these Services.
The following definitions apply in this Agreement.
“Access ID” is a series of characters (may be numbers, letters or punctuation) that you select after the initial sign-on to the Services. This will be the information you first input to access the Services. During the initial sign-on process, a temporary Access ID will be given to you.
“Business Day” refers to Monday through Friday excluding holidays, as determined by Mechanics Bank. All online transaction requests received after 7:00pm EST (6:00pm CST) or on a non-business day will be processed immediately but will not appear in the online history until the following Business Day. (Note: Times displayed on Online Banking are listed in Central Standard Time.)
“Online Banking” is the internet-based service providing access to your account(s) under the terms set forth in this Agreement.
“Online Account” is a Mechanics Bank account from which you will be conducting transactions using these Services.
“Password” is a series of numbers and/or letters that you select after the initial sign-on that establishes your connection to these Services. We will provide you with a password for use during the initial sign-on process.
“Time of Day” references are to Eastern Standard Time.
“We,” “us,” “our,” or “Mechanics Bank” refer to Mechanics Bank, which offers these Services provided under this Agreement and holds the account(s) accessed by these Services.
CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By selecting the “I Accept” button below, you are:
- acknowledging your receipt of the information listed below;
- agreeing to the terms and conditions hereof and that any contract that you enter into with Mechanics Bank or any related third party for the provision of certain Online Banking Services, may be in electronic form; and
- agreeing that certain information that may be delivered in connection with these Services may also be in electronic form.
You are also acknowledging receipt of the following information and agreeing that:
- We may provide you with this Agreement and any revisions and amendments thereto in electronic form.
- You are consenting to enter into and are entering into an agreement electronically that will govern all future transactions you conduct using these Services.
- We may provide you revisions and amendments to such other information (including, but not limited to, information under Regulation E and under other applicable banking or financial services laws or regulations in connection with these Services) electronically as a part of this Agreement or otherwise as a part of these Services. While you may print and retain a copy of this Agreement or any information provided to you in relation to these Services, we only provide these documents electronically.
- You have a right at any time to withdraw, without service charges, your consent to receive information electronically. However, because this Agreement and the information are provided only in electronic format, your withdrawal of consent will terminate these Services.
- You are able to access information that is provided in the same manner as the information and these Services via the internet.
HOW TO CONTACT MECHANICS BANK
Attention: Online Banking Specialist
2 South Main Street
Mansfield, Ohio 44902
Normal business hours at present are 8:00am – 5:00pm Monday through Friday.
ACCESS TO SERVICES
We will provide online instructions describing how to use the Online Banking Services. To gain access to these Services you will need your Access ID and Password.
HOURS OF OPERATION
These Services are generally available 24 hours a day, 7 days a week except during special maintenance and upgrade periods, which routinely are scheduled between 12:00am and 5:00am on Monday mornings.
USE OF YOUR SECURITY PASSWORD
The safety of our customers’ accounts and account information is of vital importance to us. We go to great lengths to protect confidential information and the security of your account(s) and urge you to do the same. You agree not to allow anyone to gain access to these Services or to let anyone know your Password used with these Services. You agree to assume responsibility for all transactions initiated through the Services with your Mechanics Bank Access ID up to the limits allowed by applicable law. While we continue to provide our customers with the level of online security we believe necessary and appropriate, customers who share their Access IDs and Passwords are giving up the full benefit of our security measures and legal protections to which they may be entitled. No Mechanics Bank representative will ever call and ask for your Access ID or Password.
IF YOUR PASSWORD HAS BEEN COMPROMISED
If your Password has been compromised, call us immediately. Calling us is the best way of minimizing your potential losses. You may also restore the security of your Services by immediately changing your Password. If you believe your Password has been compromised and you notify us within two Business Days after you learn of the compromise, your losses will be limited to $50.00 if someone uses your Password to conduct unauthorized electronic funds transfers without your permission. If you do NOT notify us within two Business Days after you learn of the compromise of your Password and we can prove we could have stopped someone from using your Password to conduct unauthorized electronic funds transfers without your permission if you had told us, you could lose as much as $500.00.
BANKING TRANSACTIONS WITH ONLINE BANKING
In addition to viewing account information, you may use Online Banking to conduct the following transactions:
- transfer funds among your linked checking, savings, money market, loan, and line of credit account(s); or
- utilize the Bank’s Bill Payment Service.
New services may be introduced for Online Banking from time to time. We will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
You will continue to receive your regular account statement, whether physically or electronically. Electronic delivery of statements (or “eStatements”) is available. Customers who elect eStatements will receive their regular statements, disclosures, and notices in electronic form. They will receive an e-mail notifying them when their eStatement is ready to view and download. Please call 419-524-0831 for more information about eStatements.
IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE
If your statement shows transfers that you did not make, notify us immediately. If you do not notify us within 60 days after the statement was mailed or your e-mail notification for your eStatement was sent to you, you may not recover any money lost.
PROCEDURES FOR RESOLVING ERRORS
In the event you believe a billing or operational error has occurred, or if you have any questions concerning a transaction, please contact us Monday through Saturday (excluding Federal holidays) at:
Mechanics Bank Answer Center
2 South Main Street
Mansfield, OH 44902-2985
You should advise us, no later than 60 days, after receiving the FIRST statement, or e-mail notification for your eStatement, on which the problem or error appeared. When you contact us, you should, as clearly as you can, give us the following information:
- Your name and account number.
- A brief description of the error or transaction you are unsure about, and an explanation as to 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 you to send us your complaint or question in writing within 10 business days.
We will share the results of our investigation within 10 business days (20 business days for a new account) of receiving your complaint or question and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for a new account) to investigate your complaint or question.
If we need the additional time and the possible error involves a deposit to your account, we will recredit your account within 10 business days (20 business days for a new account) 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 questions in writing and we do not receive a reply within 10 business days, we may not recredit your account. An account is considered new for 30 days after the first deposit is made, unless you have already established a prior account with us.
If we determine that there was no Bank error, we will send you a written explanation within 3 business days of completing our investigation. You may ask for copies of the documents used in our investigation.
LIMIT OF MECHANICS BANK’S RESPONSIBILITY
We agree to make reasonable efforts to ensure full performance of these Services. We will be responsible for acting only on those instructions sent through Online Banking which are actually received, and cannot assume responsibility for circumstances over which the Bank has no direct control. This includes, but is not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send. We are not responsible for any losses should you give incorrect instructions. Any information you receive from us is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. We are not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information. We are not responsible for any fees incurred for internet access, or for any computer virus or related problems that may be attributable to services provided by any internet access service provider. You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking. We are not responsible for any errors or failures from the malfunction or failure of your hardware or software.
MECHANICS BANK’S RESPONSIBILITY
We will be responsible for your actual losses if they were directly caused by our failure to:
- complete an electronic funds transfer as properly requested, or
- cancel an electronic funds transfer as properly requested.
However, we will not be responsible for your losses if:
- through no fault of ours, you do not have enough money in your account to make the transfer;
- through no fault of ours, the transaction would have caused you to exceed your available credit;
- circumstances beyond our control (e.g., fire, flood, power outage, mail delivery delays, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken;
- there is a hold on your account, or if access to your account is blocked in accordance with Bank policy;
- your funds are subject to legal process or other encumbrance restricting the transfer;
- your transfer authorization terminates by operation of law;
- you believe someone has accessed your accounts without your permission and you fail to notify us immediately;
- we have received incomplete or inaccurate information from you or a third party involving the account or transfer;
- we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring; or
- you default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with us, or if we or you terminate this Agreement.
There may be other exceptions stated in this agreement and in other agreements with you. If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
THE LIMIT OF MECHANICS BANK’S LIABILITY
The limit of Mechanics Bank’s liability shall be as expressly set forth herein. Under no circumstances will Mechanics Bank be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable. By consenting to use these Services, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.
ELECTRONIC MAIL (E-MAIL)
If you send us an electronic mail message through the Service, we will be deemed to have received it on the following Business Day. E-mails will be answered within a reasonable timeframe. You should not rely on electronic mail if you need to communicate with us immediately and during our normal business hours (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur). You agree that we may respond to you by electronic mail with regard to any matter related to these Services, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by us shall be considered received within three days of the date sent by us, regardless of whether or not you sign on to these Services within that time frame.
In addition to this Agreement, you agree with us to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of these Services is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures you received when you opened your accounts with us, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement. We will automatically deduct any fees related to these Services from your account each month. All terms and conditions of the disclosures provided to you at account opening and subsequently, including but not limited to, the Truth in Savings, Regulation E Disclosure, Depositor’s Agreement and Terms and Conditions of Bill Payment Service apply to these Services.
MODIFICATIONS TO THIS AGREEMENT
We may modify the terms and conditions applicable to these Services from time to time upon mailing or delivering a notice of the modifications to you at the physical or e-mail address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three days after it is sent. We reserve the right to terminate this Agreement and your use of these Services in whole or in part at any time without prior notice.
INACTIVITY / TERMINATION
You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your Online Banking privileges under this Agreement without notice to you for any reason or if:
- you do not pay any fee required by this Agreement when due,
- you do not comply with the Agreement governing your deposit or loan accounts, or
- your accounts are not maintained in good standing.
We will promptly notify you if we terminate this Agreement or your use of these Services for any other reason. We may convert your account to inactive status if you do not sign on to these Services or have any transaction scheduled through these Services during any consecutive 30-day period. If your account is considered inactive, you must contact us to have these Services activated before you will be able to schedule any transaction through these Services. To cancel these Services, you must notify Mechanics Bank. Your notification should include your name, address and the effective date to stop these Services. You may notify us by one of the following methods:
- initiating a customer inquiry through our Website,
- calling us at the phone number shown above, or
- writing a letter to us at the address shown above.
This Agreement is governed by the laws of the state of Ohio and applicable federal law(s).
Charges for these Services (e.g., stop payment charges) will be assessed at the rates shown on the schedule below and deducted from the account(s) you hold with us. These fees are subject to change. We will notify you in writing regarding any fee changes at least 30 days in advance of the effective date of these changes.
Online Banking: No monthly service charges
- Stop Payment: $30
- Bill Payment: 50¢ each after 25 transactions, per statement cycle
- Non-Sufficient Funds (NSF): $32
- CheckFree/Bill Pay NSF: $28 in addition to the $32 Mechanics Bank NSF fee, $60 total.