Bluestone Mobile Banking Service Agreement
END USER TERMS
This mobile banking service is provided to you by Bluestone Bank ("BSB") through the use of a mobile technology solution provided by a third party (the "Licensor"). These End User Terms constitute a legally binding agreement between you and BSB. The Licensor shall be a permitted third party beneficiary of Section B of these End User Terms, and shall be entitled to rely upon and enforce such terms as if it were a party to this agreement.
TERMS AND CONDITIONS
This mobile banking services agreement ("Agreement") contains the terms and conditions which govern BSB's mobile banking services ("Bluestone Mobile"). These terms and conditions contained in this Agreement supplement the terms and conditions of your deposit account agreement, electronic funds transfer agreement, online banking agreement, bill payment agreement and online statement (collectively, "Account Agreements"). In the event of a conflict between this Agreement and the Account Agreements, the terms and conditions of the Account Agreements control. Your use of Bluestone Mobile constitutes your agreement to the following terms and conditions, as well as the terms and conditions set forth in your Account Agreements.
1. In order to use Bluestone Mobile, you are required to have an online banking account with BSB and you will be required to access and utilize downloadable software. The third party provider Licensor is responsible for providing the downloadable software. Your use of the downloadable software is governed by the Licensor’s End User License Agreement set forth in Section B. Prior to using Bluestone Mobile, you must agree to the terms and conditions set forth by the Licensor. You also must provide BSB with your mobile device phone number. You will use your online banking User ID and password to access the Bluestone Mobile apps. During the enrollment process, BSB will provide you with a one-time security code, sent to your mobile device by text message, which associates your mobile device with your online banking account. You are required to enter the one-time security code within thirty minutes of your receipt of the code. In addition, when you login to BSB mobile from a new device, BSB will provide you with a one-time security code, sent to the mobile device associated with your on-line banking account. You are required to enter the security code within thirty minutes of your receipt of the code. You will have the option to enable Touch ID or Face ID, which is an optional fingerprint or facial recognition sign-in method for Bluestone Mobile that is currently available for most Apple devices that have a fingerprint scanner or Face ID capability. To use Touch ID or Face ID, you will need to save your fingerprint or photo by going to “settings > Touch ID and Passcode” or “settings > Face ID and Passcode” on your Apple device to complete the setup (for more help with fingerprint scanning or Face ID setup, contact Apple support at apple.com/supporttechnical support for your device). Fingerprints or photos are stored on your device only and Bluestone Bank never sees or stores your fingerprint or photo information. To perform higher risk transactions such as bill pay or transfers, you will still be required to enter your username and password. You acknowledge that by enabling Touch ID or Face ID, you will allow anyone who has a fingerprint or photo stored on your device access to your personal and payment account information within Bluestone Mobile. Bluestone Bank reserves the right to suspend or disable this feature at any time. Touch ID or Face ID can only be associated with one Mobile Banking username at a time on a device. If your device doesn’t recognize your fingerprint or face, you can sign in using your username and password. To use Touch ID or Face ID for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable Touch ID or Face ID anytime from the Services menu within Bluestone Mobile.
2. Bluestone Mobile can be used to access accounts made available by BSB and is offered as a convenience and supplemental service to our Online banking services. We reserve the right to limit the types and number of accounts eligible for the mobile banking service. In addition, we reserve the right to refuse to make any transaction you request through Bluestone Mobile service. Bluestone Mobile allows you to access your accounts from a mobile device that you have registered through online banking. Three types of Mobile Banking options are available:
a. Downloadable Mobile Application (balance, history, transfers, bill pay to existing payee, payee management, alerts)
b. Mobile Web (balance, history , transfers, bill pay to existing payee, alerts)
c. Short Message service /SMS text (balance, history and alerts)
Fees and Charges –There is currently no fee for using Bluestone Mobile. Fees for ancillary services such as stop payments, overdrafts, and expedited bill payments are disclosed on our Schedule of Fees. We reserve the right to change the fees for Bluestone Mobile Service and will disclose these changes to you in advance of the effective date.
Transfers – You may initiate a single transfer to or from your selected BSB accounts ("Internal Transfers"). You may also initiate a loan advance from your Home Equity Line of Credit by transferring the funds to your selected BSB accounts. Internal single transfers are posted at the time you make them. Transfers between your accounts are real–time transactions and can be processed at any time the Online Service and BSB's data processing system are operating. The cutoff hour for transfers is 9:00 PM EST. Transfers attempted at any time BSB's data processing system is not operating will normally not be processed until the following business day.
Transaction Limitations – Savings and Money Market Accounts are limited to six (6) transfers by preauthorized, automatic, telephone transfer, or similar orders from your account each statement period, but only three (3) may be payments by check to third parties. Each funds transfer or payment that you initiate using your Bluestone Mobile service is counted as one of the six transfers you are permitted each month. However, payments to your loan accounts with us are not counted toward this limit. If you exceed these transfer limitations, your account may be subject to closure by us, or the funds in such account may be transferred to a transaction account.
Bill Payment Service – As part of Bluestone Mobile service, you can schedule payments to payees that have been previously set up in your Bluestone@Home bill payment account. You can schedule a bill payment, view scheduled bill payments, view recently completed payments, and cancel scheduled payments. Payments are issued electronically or via paper checks. Any payments made through Bill Payment require sufficient time for your payees to credit your account properly. We recommend that you set the send date at least five business days in advance of your bill due date for check payments and at least three business days for payees who accept electronic funds transfers. You should ensure you have adequate funds in your account to cover those payments. We reserve the right to limit the frequency and dollar amount of your payment orders from your account for security purposes.
Payee Management Service – As part of Bluestone Mobile service, you can add, change, and delete payees. You will not be able to schedule or change recurring payments from the mobile device and will not be able to set up ebills through Bluestone Mobile service. Once a payee is set up, you cannot change the account number for that payee from the mobile device. You would need to login to on-line banking to make those changes.
3. You are solely responsible for selecting a means of accessing the Internet via your mobile device. BSB will not provide you with any recommendation regarding the means in which you choose to access the Internet. You are solely responsible for any defect, malfunction, or interruption in service or for any breach of security arising from the means in which you choose to access the Internet and/or malfunction or interruption in service or for any breach of security involving your mobile device. It shall be your sole responsibility to establish physical security and other security procedures regarding access to the Internet, protecting and safeguarding your mobile device and utilizing Bluestone Mobile. You understand that Federal and State laws make it a crime to gain unauthorized access into BSB's computer network and that violators will be prosecuted. You are solely responsible for the content transmitted to BSB through Bluestone Mobile. You acknowledge and understand that you must maintain, secure and protect your mobile device.
4. You and BSB are solely responsible for the content transmitted through the text messages sent to and from BSB. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.).
5. BSB is providing Bluestone Mobile to you for your convenience and Bluestone Mobile does not replace your monthly account statement(s), which are the official record of your account(s). The information contained within Bluestone Mobile and any related software is for informational purposes only and the balances provided may not include recent or pending transactions that have not yet posted to your account. You understand and agree that the information within Bluestone Mobile may not be encrypted and, to the extent permitted by applicable law, may include personal or confidential information about you and/or your account activity and status. The delivery and receipt of information through Bluestone Mobile including, but not limited to, instructions for payments may be delayed or impacted by factors pertaining to your internet service provider(s), wireless carrier(s), other parties, or for reasons outside of BSB's control. To the fullest extent permitted by applicable law, BSB will not be liable for losses or damages arising from any disclosure of account information to third parties, non–delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through Bluestone Mobile.
6. You are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your wireless carrier. Message and data rates may apply. One text message per query. You agree that BSB may send you text messages through your wireless carrier. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from BSB. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service. The wireless carriers are not liable for delayed or undelivered messages. BSB is not responsible for any damages resulting from your failure to comply with any terms and conditions provided by your wireless carrier. Any losses or charges arising by virtue of your failure to establish and/or safeguard any passwords on your mobile device are your sole responsibility. You agree to indemnify and hold BSB harmless from any third party claims, liability, damages or costs arising from your use of Bluestone Mobile and/or from providing BSB a mobile device phone number that does not belong to you. You acknowledge and understand that you should establish a password on your mobile device and that any password(s) you have established for your mobile device should not be stored in your mobile device.
7. BSB reserves the right, at its discretion, to add, delete, change, modify, alter, or discontinue Bluestone Mobile or any aspect, feature, or function of Bluestone Mobile at any time, including content, and equipment needed for access to use Bluestone Mobile. You may obtain a copy of this Agreement at any time from your Bluestone@ home online banking account from the "Customer Service" tab. BSB reserves the right to change the terms and conditions of this Agreement at any time. When material changes are made, BSB will update this Agreement and send you a notice at the address shown on our records or we may notify you by email. Revised terms and conditions shall become effective at the earliest date allowed by applicable law or regulation. A change may be made immediately if necessary to ensure the security of Bluestone Mobile or your account. Any use of Bluestone Mobile after BSB sends you a notice of change will constitute your agreement to such change(s).
8. If you should lose your mobile device, please contact BSB as soon as practicable after the discovery of the loss. You should also delete the device from your online banking account when possible.
9. To the fullest extent permitted by applicable law, in no event will BSB be liable for any damages arising out of the use or inability to use Bluestone Mobile, including but not limited to, any general, special, incidental, or consequential damages, even if advised of the possibility thereof and regardless of the legal or equitable theory (contract, tort, or otherwise) upon which any claim is based.
10. For help using Bluestone Mobile combined with your handheld's text messaging capabilities, text "HELP" to 79680. To cancel your plan, text "STOP" to 79680 at any time. In case of any questions please contact customer service at 800.356.8622 or email us at internetbankservice at bluestone dot bank. You may also write us at: Bluestone Bank, Attn: Operations, 756 Orchard Street, Raynham, MA 02767.
11. We reserve the right to terminate Bluestone Mobile, in whole or in part, at any time with or without cause and without prior written notice. In that event, or in the event that you give us a termination notice, we may immediately discontinue making previously authorized transfers. BSB will automatically terminate your right of access to Bluestone Mobile should you cease to maintain any account with BSB which can be accessed via Bluestone Mobile. We also reserve the right to temporarily suspend Bluestone Mobile in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your user name or password as an indication or an attempted security breach. You also have the right to remove your phone, disable your phone, or change your phone number, phone types or phone carrier within the Mobile Banking center of our Online Banking service.
12. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Massachusetts and the parties expressly consent to jurisdiction and venue thereof and therein.
Consumer Mobile Deposit Capture Terms & Conditions
Description of Mobile Deposit Capture Service:
The remote deposit capture services (Mobile Deposit or Services) are designed to allow you to make deposits to your checking, statement money market, or statement savings accounts from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Bank or the Bank's designated processor. The device must capture an image of the front and back of each check to be deposited in accordance with the Procedures; must read and capture the magnetic ink character recognition (MICR) line on each check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment. The Bank offers the benefits and convenience of the Services to you free. The Bank reserves the right to charge fees for the Services in the future.
Acceptance of these Terms:
Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, Bluestone Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
Hardware and Software requirements:
You must have a Mobile Device that is acceptable to us and a wireless plan from a compatible mobile wireless provider. You must also use the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify. We and/or our service provider(s) may change these specifications and/or requirements from time to time. The Bank is not responsible for any third party software you may need to use the Services. You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements. Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the Service. You must install and test your Mobile Device, your system, and any other required hardware and software before you make your first deposit through the Service. You accept any such software as is and subject to the terms and conditions of the software agreement that you enter into directly with the third party software provider at the time of download and installation. We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the Service, e-mail or the Internet. You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
The Bank reserves the right to establish and assign to you deposit limits for the Service (including limits on the dollar amount and/or number of Checks that you may transmit through the Service each day) and to modify such limits from time to time in the Bank’s sole discretion, and you agree to comply with all such limits. Our current daily deposit limit is $2,500 per day and is limited to three check deposits. No single check may exceed $2,500. The Bank also has multi-day check deposit limits, which are currently five check deposits and $5,000 over a five-day period.
Availability of Deposited Checks:
Funds from your check deposits will generally be available on the first business day after the day of your deposit. Deposits made by 4PM EST (Monday through Friday) will be processed that day during nightly processing. Deposits made after 4PM EST (Monday through Friday) will be processed on the next business banking day during nightly processing. Deposits made on Saturday, Sunday or a Federal holiday will be processed on the next business banking day during regular nightly processing. Funds from deposited checks will be available to pay checks during nightly processing on the business day they were processed. We may 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. If we decide to delay the availability of your deposited funds, we will send you a Notice of Hold the next business day after the day of your deposit. Please refer to our Funds Availability Policy Disclosure Statement for further information.
Fees and Charges:
The Bank offers the benefits and convenience of the Services to you free of charge. The Bank reserves the right to charge fees for the Services in the future.
Endorsements and Procedures:
You agree to restrictively endorse any item transmitted through the Services as FOR MOBILE DEPOSIT ONLY, (bank name) account no.____ or as otherwise instructed by the Bank. You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time. Endorsements must be made on the back of the share draft or check within 1½ inches from the top edge, although we may accept endorsements outside this space. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a check payable to you and any joint owner(s) of your Bank account, the check must be endorsed by all such payees and you may only use Mobile Deposit to deposit such check into a Bank account jointly owned by all such payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your Bank account using the Services. The Bank reserves the right to refuse any check deposit that does not conform to the above requirements.
You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (Reg CC). You agree that the image of the check transmitted to Bluestone Bank shall be deemed an item within the meaning of Article 4 of the Uniform Commercial Code. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:
- Check or items payable to any person or entity other than you.
- Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.
- Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which 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 or item is drawn.
- Checks or items previously converted to a substitute check, as defined in Reg CC.
- Checks or items drawn on a financial institution located outside the United States.
- Checks or items that are remotely created checks, as defined in Reg CC.
- Checks or items not payable in United States currency.
- Checks or items dated more than 6 months prior to the date of deposit.
Check requirements (including image quality):
The image of an item transmitted to the Bank using the Services must be legible and contain images of the front and back of the Check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the Check image: the amount of the Check (both written and numeric); the payee; the signature of the drawer (maker); the date; the Check number; the information identifying the drawer and the paying financial institution that is preprinted on the Check including the MICR line; and all other information placed on the Check prior to the time of an image of the Check is captured (such as any required identification written on the front of the Check and any endorsements applied to the back of the Check).
Rejection of deposits:
After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks. The provisional credit is subject to final payment of the Checks and is also subject to your Bank Account Agreement. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against the Bank relating to such deposits. The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for remote deposit, you must physically deposit the original Check.
Should you fail to produce the original check, you authorize us to deduct that amount from your account. You are solely responsible for verifying that Checks that you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you. In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned. You understand and agree that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or a substitute check. You may not use the Service to deposit a substitute check and you may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide to you in connection with returned Checks.
Duty to report errors:
The Bank will provide you with periodic statements that will identify the deposits that you make through the Service. In addition, you may access the Bank’s Online Banking service for information about your deposits, return items, deposit adjustments, Checks and other transactions on your accounts. You agree that it is your responsibility to review all such information that the Bank makes available to you in a timely manner to verify that deposits made through the Service have been received and accepted by the Bank and are accurate. Receipt of a Check by the Bank through the Service does not constitute an acknowledgement by the Bank that the Check is error-free or that we will be liable for the Check. You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in your Bank Account Agreement. You may notify us by e-mailing us at (internetbankservice at bluestone dot bank), or writing to Deposit Operations, Bluestone Bank, 756 Orchard St., Raynham, MA 02767 or telephoning us at 800.356.8622. You agree to cooperate in any investigation by the Bank of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify the Bank of any error, omission or other discrepancy in accordance with this Agreement and your Bank Account Agreement shall relieve the Bank of any liability for such error, omission or discrepancy.
Availability of service/Contingency:
In the event you are unable to capture, balance, process, produce or transmit a file to the Bank, or otherwise comply with the terms or the Procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport or mail the originals of all checks to the closest Bank location. The deposit of original checks at an office of the Bank shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement.
Storage, security and destruction/disposal of the checks:
After you receive confirmation that we have received an image, you must securely store the original Check for 30 days after transmission to us and make the original Check accessible to us at our request. Upon our request from time to time, you will deliver to us within two Business Days, at your expense, the requested original Check in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after the 30-day retention period expires, you must destroy the original Check by first marking it VOID and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the original Check, the image will be the sole evidence of the original Check. You agree that you will never represent the original Check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.
Presenting checks more than once:
Once you have used the Service to deposit a Check you agree not to present, or allow anyone else to present, that original Check or a substitute check of that original Check again for deposit through the Service or by any other means. If you or anyone else present a Check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such Check or substitute check. You agree that we may debit from your Bank account the aggregate amount of any Checks that that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your account(s) with the Bank in our sole discretion.
Your Authentication method:
You agree that we are entitled to act upon instructions we receive with respect to the Service under your user ID, password, test key or other code or authentication method that we require (these components are referred to herein collectively as your Authentication Method). You are liable for all transactions made or authorized with the use of your Authentication Method. We have no responsibility for establishing the identity of any person who uses your Authentication Method. You agree that if you give any component of your Authentication Method to anyone or fail to safeguard its secrecy, you will be in violation of your obligations under your Deposit Account Agreement and this Agreement. You agree to take appropriate steps to ensure that all components of your Authentication Method are protected and kept confidential. You agree to indemnify and release us from any and all liability, and agree not to make any claim or bring any action against us, relating to our honoring or allowing any actions or transactions that are conducted under your Authentication Method or acting upon instructions, messages or authorizations provided to us using your Authentication Method. By accessing the Service with your Authentication Method, you authorize us to complete the requested transaction(s) through the Service. Any requests or instructions we receive from you through the Service using your Authentication Method shall be considered in writing under all applicable law and shall have the same force and legal effect as a writing signed by you. This includes, but is not limited to, inquiries, deposit transactions, Checks deposited, Check images, changes to accounts or services or any other communication you provide us through the Service using your Authentication Method.
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. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone at 800.356.8622 and with written notice at Bluestone Bank, Attn: Deposit Operations, 756 Orchard St., Raynham, MA 02767 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. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
Cooperation with Investigations:
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, 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.
Suspension of service:
The Bank reserves the right to suspend this service at any time without prior notification to you.
Business Customers Using This Service:
You are subject to the same requirements and limitations as described above.
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
To be Agreed to by End User Prior to Use of the Downloadable App
1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").
2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard–copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON–INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
Zelle Network® Standard Terms
Description of Services
- We have partnered with the Zelle Network (“Zelle”) to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle (each, a “User”) using aliases, such as email addresses or mobile phone numbers (the “Service”). We will refer to financial institutions that have partnered with Zelle as “Network Banks.”
- Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.
- THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
Eligibility and User Profile
When you enroll to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this Agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account.
You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments.
The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.
The Bank has the right to change the Terms and Conditions at any time. The Zelle Terms and Conditions are also included in the Mobile Banking and Bill Pay Disclosure and Agreement. When the Zelle Terms and Conditions are updated, you will be required to accept the revised terms the next time you use the service after the change.
Consent to Share Personal Information (Including Account Information)
Your enrollment in and use of the Zelle Service is your consent to share your personal information in order to execute your requested transactions.
Privacy and Information Security
Wireless Operator Data
Enrolling for the Service
- You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
- Once enrolled, you may:
- authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
- Receive money from another User either at that User’s initiation or at your request, subject to the conditions of the Section below titled “Requesting Money.”
Consent to Emails and Automated Text Messages
By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in this Agreement. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
- You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
- You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by you.
- In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name.
- Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.
- To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact our customer service at internetbankservice at bluestone dot bank or (800) 356-8622. You expressly consent to receipt of a text message to confirm your “STOP” request.
Receiving Money; Money Transfers by Network Banks
Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.
Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e. email, push notification).
Sending Money; Debits by Network Banks
You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this Agreement, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.
In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, either in the Zelle mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).
We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.
Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER A PROTECTTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
The Bank will not be liable to you for Payments that are not properly completed in the following instances:
- If there is a hold on your Account, or if access to your Account is blocked, in accordance with banking policy. Please note that funds in the Account must be available in order to facilitate the transfer of Payment. Recent deposits made to your Account may not be available immediately. Please refer to the Funds Availability Policy Disclosure Statement for detailed availability policies.
- If your funds are subject to legal process or other encumbrance restricting the transfer.
- If you have insufficient funds in your Account to complete the Payment.
- If your Payment authorization terminates by operation of law.
- If you believe someone has accessed your account(s) without your permission and you fail to notify the Bank as detailed in the Electronic Fund Transfers – Your Rights and Responsibilities section of the online banking and Bill Pay Agreement and Disclosure.
- If we received incomplete or inaccurate information from you or a third party involving the Account or Payment instruction.
- If the Bank has a reasonable basis for believing that unauthorized use of your online banking credentials or Account(s) has occurred or may be occurring.
- If you are in default of this Agreement and its terms and conditions or any other agreement you have with the Bank.
- If Recipient refuses to accept a payment,
- If the Bank, or you, terminate the online/mobile banking and Bill Pay Service or suspend or terminate the Zelle Service.
- Insufficient Funds: You must reimburse the Bank immediately upon demand for any Payment completed for which your Account does not contain sufficient funds. Further, you must reimburse the Bank for any fees, including Overdraft fees, resulting from the Payment. We may report information about your Account, including Account mismanagement and defaults, to credit bureaus.
Please refer to the Bank’s Electronic Funds Transfer Disclosure and Card Holder Agreement below.
When sending money using the Zelle Service, you are limited to $200 per transaction and $300 per day.
You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we or Zelle accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.
By accepting the terms of this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.
You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.
We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
Please refer to the Bank’s Electronic Funds Transfer Disclosure and Card Holder Agreement below.
Your Liability for Unauthorized Transfers
Please refer to the Bank’s Electronic Funds Transfer Disclosure and Card Holder Agreement below.
Liability for Failure to Complete Transfers
Please refer to the Bank’s Electronic Funds Transfer Disclosure and Card Holder Agreement below.
The Bank does not currently charge any fees for use of the Zelle Service. If the Bank decides to charge fees for the Zelle Service, you will be given 30 days advanced notice.
Use of Our On-line Banking Site and/or Mobile App
You agree to access this website and/or mobile app in compliance with this Agreement, which is available at https://www.bridgewatersavings.com/bsb-mobile-banking-service-agreement/ and incorporated into and made part of this Agreement by this reference.
Use of the Zelle Service is limited to the Bank’s Mobile Banking applications.
Cancellation of the Service
To cancel the Zelle Service, you will need to notify us by calling (800) 356-8622 or email us at internetbankservice at bluestone dot bank. Cancelling the Zelle Service will close your Zelle account, cancel all unclaimed transactions, and delete your token (email or mobile phone number) from the Zelle directory.
Right to Terminate Access
The Bank or the Customer has the right to terminate access to the Zelle Service at any time.
Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. ZELLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE’S SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Agreement.
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and you agree to indemnify, defend and hold harmless Bluestone Bank and Zelle, its owners, directors, officers, agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees) resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Section.
Subject to the terms of this Agreement, the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle’s control. Live customer service generally will be available Monday through Friday, excluding US bank holidays.
Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
This Agreement will be governed by and construed in accordance with federal law and the laws of the Commonwealth of Massachusetts.
ScoreMore Deals Program Rules
- You may earn rewards for eligible activity (“Qualifying Transactions”) made at participating retailers in the program (“Retailers”).
- A Qualifying Transaction shall mean: 1) a purchase transaction made with your participating account (Debit); 2) a transaction that takes place at eligible, participating Retailer locations (“In-store Purchases”) or through Retailer websites (“Online Purchases”); 3) a transaction that meets Retailer qualifications as disclosed in the Retailer Offer (“Retailer Offer(s)”) on the mobile banking application or online banking web pages.
- Rewards for qualifying purchases are typically awarded at the end of the following month from the date of purchase. Awarding of rewards for some Retailer Offers may require additional processing time. Rewards from a qualifying travel or lodging transactions will be awarded after the completion of the travel or stay.
Retailers and Retailer Offers are subject to cancellation, removal, or change at any time, without notice, even if such a change impacts your ability to qualify for reward earnings. Awarding of rewards for Qualifying Transactions is subject to the continuing participation of Retailers, and is subject to change at any time, without notification.
- You may access details of Retailer Offers by clicking on any of the Retailer logos displayed via the mobile banking application or online banking web pages. Not all programs will be delivered in both mobile banking applications and online banking web pages.
- Online purchases may be considered eligible for rewards earnings only when online purchases meet the retailer qualifications as disclosed in the Retailer Offer.
- Taxes, fees, tips and shipping/handling charges may not be considered part of a Qualifying Transaction and, therefore, may not earn rewards.
- No other offers, coupons or discount codes, other than those offered by the program, may be used in conjunction with a Qualified Transaction.
- Once awarded, rewards are automatically added to your account balance and subject to the Program Rules.
- Returns are subject to the return policy of the Retailer from which you made our purchase. If you return or cancel an item, rewards may also be reversed from that sale. If a return has occurred and the reward is still active, new qualifying transactions may not be awarded rewards.
- Exchanges also may make purchases ineligible for rewards, as when merchandise is exchanged, the merchant may cancel the order and replace it with a new one. If a return has occurred and the reward is still active, new qualifying transactions may not be awarded rewards.
- Please contact Customer Service at 844-842-8343 if you do not receive your reward for a Qualifying Transaction within sixty (60) days. Any ability to claim non-receipt of rewards for a Qualifying Transaction is considered waived by you if notification is not received by Award Headquarters within ninety (90) days.
ELECTRONIC FUNDS TRANSFER DISCLOSURE AND CARD HOLDER AGREEMENT
INITIAL DISCLOSURE OF TERMS AND CONDITIONS OF ELECTRONIC FUNDS TRANSFER SERVICES
This document includes a General Disclosure Statement and a Cardholder Agreement. We are providing you with the General Disclosure Statement in the event that you subscribe to electronic banking services, such as telephone banking, internet banking, bill payment, receiving direct deposits to your account or arranging to have regular payments made from your account to a third party.
If you request or possess a Bluestone Bank ATM or Debit MasterCard®, the Cardholder Agreement explains the services available to you and, together with the General Disclosure Statement, sets forth your rights and responsibilities in connection with the use of the Card. These agreements constitute a legally binding contract, and by selecting a Personal Identification Number ("PIN"), using the PIN assigned to you, or using the Card, you agree to comply with the agreements' terms. Your ATM Card entitles you to use services offered by the Cirrus® and NYCE® Networks.
Your Debit MasterCard may be used anywhere MasterCard® is accepted. Because your Debit MasterCard may be used at a MasterCard merchant without a password, as a security feature you cannot use this card until it is activated at an ATM terminal.
GENERAL DISCLOSURE STATEMENT
In addition to any other agreements applicable to such services, the following terms and conditions govern electronic fund transfer services and are provided to you in accordance with Federal and State law.
A. PREAUTHORIZED TRANSFERS
Right To Stop Payment: If you have instructed us in advance to make regular payments from your account to a third party, you may stop any of these payments. Simply call us at 508.884.3300, or write us at: Bluestone Bank, 756 Orchard Street, Raynham, MA 02767. We must receive your request at least three business days before the payment is scheduled to be made. If you call, we will also require you to put your request in writing and get it to us within 14 days after you call. Refer to our Schedule of Fees for the stop payment fee. If you are canceling the authorized payment you must also notify the party to which the payment would have been made.
Liability For Failure To Stop Payment: If you instruct us to stop a preauthorized payment at least three business days before the transfer is scheduled to be made, and we do not do so, we will be liable for any losses or damages you sustain as a direct result of our failure to stop payment. We may electronically debit your account for a returned check or other similar charge if you write a check on your account which is subsequently returned because of insufficient funds in your account. We are not responsible for any failure by the merchant or other payee to notify you that a transaction will be processed as an EFT or that a fee imposed for returned checks will be debited electronically from your account.
Notice of Varying Amounts: If these regular payments vary in amount, the person whom you are paying will notify you ten days before each payment, of the payment date and amount. At your option you may choose to receive this notice only when the payment will differ by more than a certain amount from the previous payment, or when the amount will fall outside certain limits you set.
B. DOCUMENTATION OF TRANSFER
Terminal Transfers: You will receive a receipt at the time you make any withdrawal, transfer, or purchase using your ATM card or Debit MasterCard. You may not receive a receipt if the amount of the transaction is $15 or less.
Preauthorized Credits: It you have arranged to have direct deposits made to your account at least once every 60 days from the same third party, you may call us at 508.884.3300 to find out whether or not the deposit has been made.
Periodic Statements: You will receive a monthly account statement unless no transfers have been made in a particular month; in any case, you will receive a statement at least quarterly.
Passbook Accounts Where The Only Possible Electronic Fund Transfers Are Credits: If you bring your passbook to us, we will record any electronic deposits that were made to your account since the last time you brought in your passbook.
C. LIABILITY FOR FAILURE TO MAKE TRANSFERS
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 payment or transfer;
if the payment or transfer will go over the credit limit on your overdraft line;
if circumstances beyond our control (such as fire or flood) prevent the payment or transfer, despite reasonable precautions we have taken;
if the terminal where you are making the transfer does not have enough cash;
if the terminal or system was not working properly and you were aware of the malfunction when you started the transfer; or
if we are legally restricted from transferring the funds in your account.
There may be other exceptions stated in our agreement with you.
D. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
In order to protect your privacy, we will not disclose any information about you to any person, organization or agency except:
for certain disclosures necessary for the completion of a transfer;
for verification of the condition and existence of your account for a credit bureau or merchant;
to persons authorized by law in the course of their official duties;
to our employees, auditors, service providers, attorneys or collection agents in the course of their duties;
pursuant to court order or lawful subpoena;
to a consumer reporting agency as defined in Chapter 93 of the Massachusetts General Laws; or
by your written authorization which shall automatically expire after 45 days;
in accordance with our Privacy Notice.
If an unauthorized disclosure has been made, we must inform you of the particulars of the disclosure within three days after we have discovered that an unauthorized disclosure has occurred.
E. IN CASE OF ERROR OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS
Promptly telephone us at:
508.884.3300 or 800.356.8622
Monday through Friday (excluding Holidays) between
8:30 a.m. and 5:00 p.m., or write us at:
756 Orchard Street
Raynham, MA 02767
If you (a) think your statement or receipt is wrong, (b) you need more information about a transfer listed on the statement or receipt, (c) think a preauthorized deposit reflected in your passbook or on a separate statement we have sent you listing those deposits is wrong, or (d) you need more information about preauthorized deposits. You must notify us within 60 days after we sent the FIRST statement on which the problem or alleged error appeared.
Provide us with your name and account number.
Describe the alleged error or the transfer which you think is incorrect, and explain as clearly as possible why you believe it is an error or why you need more information.
Specify the dollar amount of the suspected error.
If you notify us orally, we have the right to require that you send us your complaint or question in writing within ten business days following the date you contacted us.
We will report to you the results of our investigation within ten business days following the date you notified us. We will promptly correct any error. If we need more time however, we may take up to 45 calendar days following the date you notified us to investigate your complaint or question. In such cases, we will recredit your account within ten business days for the amount you think is in error, so that you will have access to the money during the time it takes us to complete our investigation. If we ask that you put your complaint or question in writing and we do not receive it within ten business days after you orally contacted us, we reserve the right not to recredit your account.
For errors involving new accounts, point–of–sale, or foreign–initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
In the event we determine that there was no error, this provisional credit, (if granted initially) will be reversed, and we will send you written explanation within three business days after we have completed our investigation. You may ask for, and we must make available to you for inspection, copies of the documents we used in our investigation. Upon your request, we will provide you with copies of these documents for a reasonable fee covering our duplication costs. If the alleged error concerns a transfer to or from a third party (for example, a Social Security payment), our investigation may be limited to a review of our own records. If we determine that there was no error, you have the option to contact such third party to pursue the matter further.
F. CHARGES FOR ACCOUNTS, TRANSFERS, ACCOUNT MAINTENANCE AND OTHER ASSOCIATED CHARGES
Service charges for using your banking card at any of our Automated Teller Machines will follow the same schedule of charges associated with all Bluestone Bank Accounts. Additional charges per transaction may apply. A complete listing of all current account charges will be made available to you upon request.
There is no charge for transactions involving preauthorized electronic transfers made directly to or from your account, such as Social Security.
Charges for Transfers By Means Of Your Card. Refer to the most recent Schedule of Fees that was provided to you.
Notice Regarding ATM Fees by Others: If you use an automated teller machine that is not operated by us, you may be charged a fee by the operator of the machine and/or by an automated transfer network.
Charge For Replacing Cards. Refer to the most recent Schedule of Fees that was provided to you.
Bill Payment Fees. Refer to the most recent Schedule of Fees that was provided to you.
We reserve the right to change fees at any time and we will mail you notice of such change at least 30 days before it becomes effective if the change negatively impacts you.
G. TYPES OF AVAILABLE TRANSFERS AND LIMITS ON TRANSFERS
1. Account Access – You may use your card and PIN at any Cirrus® or NYCE® terminal to:
Check the balance in your checking, statement savings, and statement money market accounts.
Make withdrawals from your checking, statement savings, and statement money market accounts.
Make deposits or loan payments by depositing cash, check or money order along with a deposit ticket or payment coupon (only available at certain Bluestone Bank terminals).
Make transfers to and from your checking, statement savings, and statement money market accounts.
Make point–of–sale purchases. You may not use your card to purchase goods or services from your savings account.
Conduct other transactions as we add services and features.
Some of these services may not be available at all terminals. You also may have chosen limited access by electronic means to one or more of your accounts.
2. You may pay for purchases wherever MasterCard is accepted using your Bluestone Bank Debit MasterCard. We will not make cash refunds or any other refund on purchases with your Card. We will not be liable if a merchant refuses to honor your Card. You must handle any claim or defense for a purchase directly with the merchant or business establishment that accepted or refused to accept your Card. You may not assert disputes you may have with a merchant against us, for example, when you believe that the goods or services paid for with your Card were defective, not delivered or not as promised. Any such dispute is solely between you and the merchant, and you must still pay the total amount of the sales draft plus any appropriate charges we may be authorized to make. Any merchant credit vouchers for returns or adjustments will be credited to your account when received by us.
3. All Bill Payments you make through Bluestone@Home will be deducted from your designated checking account. Your payees must all be located within the United States and accept payment in U.S. Dollars. Each payee must appear on the payee list you create and the bill you are paying must be in your name. You may not use Bluestone@Home to make payments to federal, state or local governments. Some other categories of payees may also be restricted, such as court–ordered payments like child support.
4. Automated Clearinghouse Transactions – Under certain circumstances, you may authorize a merchant or payee to initiate a one–time electronic funds transfer (EFT) from your account through an automated clearinghouse. You can do this, for example, (1) by providing the merchant or payee with a blank, partially completed or fully completed and signed check drawn on your account to capture certain information, such as our routing number, your account and serial numbers, or (2) by authorizing the merchant or payee to electronically debit your account for a returned check or other similar charge if you write a check on your account which is subsequently returned because of insufficient funds in your account. We are not responsible for any failure by the merchant or other payee to notify you that a transaction will be processed as an EFT or that a fee imposed for returned checks will be debited electronically from your account.
5. Limitations on Frequency and Dollar Amounts Of Transactions – You may use your card at automated teller machines or at point–of–sale terminals to withdraw cash up to a maximum of $509* per business day, per card as long as your available balance exceeds this limit. ATM cash withdrawals are limited to five per day.
You may also choose to have a dollar limit lower than $509 or a number of withdrawals limit lower than five, you need only inform us.
You may use your Bluestone Bank Debit MasterCard to make PIN based or signature based purchases up to $1,000* each per day, with an aggregate limit of $1,500 per day.
Debit MasterCard purchases are limited to 25 per day. You may also choose to have a lower dollar limit or purchase number limit. You need only inform us.
*Some cards may have lower limits assigned by us, due to account experience.
Our Bill Payment Processor has a payment cap of $9,999.00. The Bill Payment user interface limits the entry of payment amounts greater than this amount.
Our business days are Monday through Friday except holidays. Deposits and payments made through an ATM after 3:30 PM Monday through Saturday, or on a Sunday or federal holiday will be considered received and will be posted on the next business day.
You may not use your Card to transfer money to or from accounts which do not exist or which are not designated accounts. We shall not be required to complete any such transaction, but if we do, you agree to pay us any excess amount or any improperly withdrawn or transferred amount immediately upon request from us. We may impose additional restrictions or limitations on the use of your Card when we believe they are necessary to safeguard the Card against misuse.
6. Telephone and Internet Transfers – You may use the telephone banking or internet banking services to transfer funds between accounts and to check the balance in your accounts. You may transfer from your Checking, Statement Savings, Statement Money Market and Premium Statement Money Market account. You may also use internet banking services to make a loan advance from your Home Equity Line of Credit by transferring the funds to your checking, statement savings, or statement money market account.
Statement Savings, Statement Money Market and Premium Statement Money Market accounts may have up to six transfers out of the account per month, including third–party checks written against a Statement Money Market or Premium Statement Money Market account. Accounts that do not adhere to this limitation may be converted to checking accounts or closed.
You may make unlimited transfers to any account, other than a Passbook Account or Certificate of Deposit. You may also use internet banking services to pay most bills. You may use internet banking and telephone banking to pay Bluestone Bank loans. Closing an account terminates your telephone banking and/or internet banking transfer ability.
7. Disclosure Statement – Uncollected Funds.
Whenever a check is deposited into an account, there is a period of time required to collect the funds from the bank the check is drawn on. This collection period varies depending usually upon the location of the bank. Refer to our Funds Availability Policy for collection periods. Our Funds Availability Policy can be found in our lobbies, or may be requested by calling 508.884.3300 during regular business hours.
H. INTEREST PAID ON ACCOUNTS.
The rate of interest paid on accounts that may be used for electronic funds transfer can be found in our Truth in Savings disclosure, or by calling 508.884.3300 during regular business hours.
I. LIABILITY FOR UNAUTHORIZED TRANSFERS AND ADVISABILITY OF PROMPT REPORTING.
Tell us AT ONCE if you think your Card and your code, or both, has been lost or stolen or used without your permission. Telephoning is the best way if any, of minimizing your possible losses. You can lose no more than $50 if you fail to give us notice of your lost or stolen card or code and your card or code is used without your permission.
If you think your Card, your code, or both have been lost or stolen, or that someone has transferred or may transfer money from your account without permission call:
You can use your card and your own password on Cirrus® or NYCE® or other banking machines or devices approved by us. You can use your card to obtain the services described in this agreement and the Electronic Banking Disclosure Statement relating to your account or accounts which we have furnished to you. Some of these services may not be available at all locations.
All deposits, and other transactions with your card are subject to later proof and verification. All items are received for collection. All credits are provisional and are subject to final payment. The acknowledgment form provided is not a binding receipt.
Your card and any replacement card remain our property. The card is not transferable. You will return it to us upon request.
Your password should be memorized and kept secret. In no event should it be written on, or carried with, your card. If you believe that your password is no longer secret because it has been disclosed, you will notify us immediately.
You will promptly review all materials we send you, including account statements and notices. You will notify us immediately if you find any discrepancies between materials and your records, particularly, if you discover that an unauthorized use of your card, your passbook, or your account or accounts may have occurred.
Any notices you give us should first be given orally in person or by telephone and should be confirmed in writing immediately.
After you have given notice of a lost or stolen card, a disclosed password, or an unauthorized use to us by calling the phone number or writing to the address listed in the Electronic Banking Disclosure Statement relating to your account or accounts, you will not be liable for subsequent unauthorized card transactions IF YOU FAIL TO GIVE US NOTICE, YOU WILL BE LIABLE FOR LOSSES UP TO A MAXIMUM OF $50.00.
The use of the card will be governed by our rules and regulations and the additional terms in the Electronic Banking Disclosure Statement relating to your account or accounts as in effect from time to time.
We may amend this agreement at any time by mailing you a written notice of the substance of the amendment at your listed address at least 30 days before it is to go into effect. The amendment will be effective for transactions after its effective date unless you notify us in writing before that date that you will not use your card further and return your card to us. Otherwise, you will agree to the amendment.
Either of us may terminate this agreement at any time by giving written notice to the other, but the termination will not affect previous transactions. Termination of this agreement does not terminate your account or accounts with us. Closing the account or accounts to which the card relates terminates this agreement simultaneously.
Questions about the terms of this agreement will be decided by Massachusetts law, except to the extent that any applicable Federal law controls. If there is a conflict between any terms of this agreement and Massachusetts or controlling Federal laws or regulations, that term shall be deemed to be modified to make it comply.
MasterCard requires all debit card issuers to participate in the Automatic Biller Updater Program, which allows for automatic update of a cardholder’s expiration date or card number (if a new card number is issued) to merchants who have the cardholder’s information on file for direct/recurring billing. You have the right to opt out of this service and can do so by contacting us at (800)356-8622. If you do not opt out of this service, you will be automatically enrolled.
Member FDIC. Member DIF.