Online Banking/Bill Pay Agreement/Online Statement/Electronic Funds Transfer Disclosure and Card Holder Agreement
This Agreement and Disclosure (the “Agreement”) governs the terms and conditions of the use of Bluestone@Home Online Banking Services ("Online Service"). This agreement between you and Bluestone Bank (“we,” “our,” “us,” “the bank”) governs your use of the Online Service. The word "Account" means your deposit or loan accounts which you have elected to be accessed over the Internet pursuant to the terms of this Agreement. Your use of our Online Service is also governed by the Deposit Account Agreement provided to you when you opened your Account. By registering for and using the Online Service, you consent to the terms of this Agreement. The Online Service enables you to view your account balances and recent transactions, pay bills and perform banking transactions, and communicate with us via a personal computer. The Services are provided by Fidelity Information Services (FIS), on behalf of the bank.
In order to use the Online Service and access your online statements, you will need a computer, software and a commercially available Internet browser that supports 128-bit encryption. To retain a printed copy of this Agreement and Disclosure, you will also need a printer attached to your computer that is capable of printing from your Internet web browser. You will also need Adobe® Reader® software version 5.0 or higher in order to read your Online Statements. You may download Adobe Reader for free at www.adobe.com. To retain a printed copy of your Online Statements, you will also need a printer attached to your computer that is capable of printing from your Internet web browser.
(In this Agreement, your computer and the related equipment are referred to collectively as your "Computer"). You are responsible for the installation, maintenance and operation of your Computer. We are not responsible for any errors or failures caused by any malfunction of your Computer, and we are not responsible for any computer virus or related problems that may be associated with the use of the Online Service or your Computer. In the future, we may change the computer systems which you need to use Bluestone@Home, in which case you may need to change your Computer, software and Internet browser to continue to utilize the Online Service, and you agree to do so if you wish to continue such services. We will notify you of any change to software or hardware requirements needed to access Online Banking or your Online Statement.
Access & Security
As a security measure, a User ID and Password are required to access the Online Service. Your User ID and Password should be kept confidential to prevent unauthorized access to your accounts. For added security, you should change your password on a regular basis.
In addition to your User ID and Password, our online banking service uses complex profiling as an additional means of authentication. The first time you login to Online Banking with a device, you will be presented with stepped up authentication. You will receive and enter a one-time security code via text message or automated telephone call. Once you login using a device with that security code, your device will be recognized going forward. Additionally, you will be asked to enter a one-time security code if you login to online banking from another computer or device. As an alternative to entering a one-time security code if you do not have access to a telephone or mobile device, you may respond to out-of-wallet questions (3) derived from public records as the means of complex profiling authentication.
Subscription to the Services
You authorize us to use FIS to provide the Online Service to you. By your application for the Online Service and receipt of this agreement, you authorize us to make payments or transfers, including recurring payments or transfers, via the Online Service on your behalf. Please retain a copy of this agreement for your records.
You may use Bluestone@Home to:
- Transfer funds between checking, savings and money market account(s)
- Make loan payments from your checking, savings or money market account with us
- Make loan advances from your Home Equity Line of Credit by transferring the funds to your Checking, Statement Savings, or Statement Money Market account
- Make payments from checking to third parties (Bill Payment)
- Make expedited payments to selected third party payees
- View, pay and file e-bills from selected payees
- Get information about account balances, deposits, withdrawals, and payments to or from checking, savings, money market accounts, certificates of deposit, or loan accounts
- View images of paid checks
- Stop Payments on Checks
- Send and Receive Secure Emails to and from the bank
- Download Account Activity in CSV/Quicken format
Fees and Charges
There is currently no fee for using Bluestone@Home Online Service and bill pay. Fees for ancillary services such as stop payments and overdrafts are disclosed on our Schedule of Fees. The fee for expedited payments will be disclosed to you before you execute the transaction. We reserve the right to change the fees for the Online Service and will disclose these changes to you in advance of the effective date.
You may initiate a single or recurring transfer to or from your selected Bluestone Bank accounts (“Internal Transfers”). Internal single transfers are posted at the time you make them; recurring transfers are posted on the date you schedule them to occur. Transfers between your accounts are real-time transactions and can be processed at any time the Online Service and the Bank’s data processing system are operating. The cutoff hour for transfers is 9:00 PM EST. Transfers attempted at any time the Bank’s data processing system is not operating will normally not be processed until the following business day.
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, including payments by check to third parties from a money market account. Each funds transfer or payment that you initiate using your Online 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 Services
If you elect to use Bill Payment, you may make a single or recurring payment to any Payee that agrees to accept payments through the Online Service. You select the Bluestone Bank checking account or accounts you wish to use for bill payment (your “Funding Accounts”), and you authorize us to deduct your payments from your Funding Accounts even if they create an overdraft. You may not select a savings account or money market account for third party payments via the Online Service.
You may use the Online Service to make payments from your Funding Account. In addition, you may select alternate checking accounts from which to pay your bills. We reserve the right to limit the frequency and dollar amount of your payment orders from your account for security purposes.
Payments are generally processed in one of two ways: electronically or by sending the payee a paper check. Subject to the terms and conditions of this Agreement, you authorize us and any third party acting on our behalf to choose the most effective method to process your payments, including without limitation, electronic, paper or some other means.
Recurring Payments - You may pay recurring bills (i.e. payments scheduled in advance to recur at regular intervals) by using our Online Service to authorize automatic recurring payments. These payments must be for the same amount each month, and they will be paid on the same calendar day of each month, except for weekends and holidays, when payments will occur on the following business day.
Insufficient Funds - When transmitting a payment order, you authorize us to reduce the funds in your Funding Account. If there are insufficient funds in the account to make payments, we may either refuse to pay the item or make the payment thereby overdrawing your account. In either occurrence, you are responsible for any overdraft fees or returned item fees imposed, as stated in our schedule of fees. Also, your Funding Account may be blocked due to overdrafts. If this occurs, no additional bill payments will be processed until the account is properly funded, and all payments or transfers are cleared. If a payment has been made to one of your designated merchants for which funds were not available in your Funding Account, you agree to repay the funds owed immediately upon demand.
Scheduling Payments - You should schedule your payment dates by 9:00 p.m. Eastern Time at least three (3) business days or six (6) business days in advance of the date the payment is actually due, depending on whether your payment will be sent electronically or by check. It is your responsibility to schedule your payments sufficiently in advance of the due dates. You are responsible for any late payment or finance charges that may be imposed as a result of your failure to transmit payment instructions sufficiently in advance of the due date. The date the merchant credits the payment depends on the merchant's actual payment processing procedures. Bluestone Bank will not be responsible for any delay in crediting the payment, which is the result of the merchant's payment processing procedures. Subject to the terms and conditions hereof, you authorize us and any third party acting on our behalf to select the most effective method to process your payment, including without limitation, electronic, paper or other acceptable means.
Canceling Payments - Except for those payments and transfers which are completed immediately (for example, transfers between your Bluestone Bank accounts), you may cancel or modify via the Online Service a "Current Payment" (that is, a single payment you schedule to initiate the next time you transmit payments) up to 9:00 p.m. Eastern Time on the initiation date. A "Future Payment" (that is, a one time payment you schedule to occur within the next 364 days) or a "Recurring Payment" (that is, a payment you schedule to occur weekly, monthly, quarterly, semi-annually or annually) must be cancelled by 9:00 p.m. at least one (1) business day prior to the scheduled transmission date. If your request is not received before the transmission date, you will be responsible for the payment. A cancellation of a recurring payment or transfer instruction will affect all future payments or transfers associated with that payment or transfer.
Stopping Payments - If you wish to stop a payment previously authorized, and it is too late to cancel the payment as described above, you should contact the Bank at 888.412.9668.
Confirmation of Payments - Each time you properly execute and send a payment, a “Payments Confirmation” screen will appear with the details of the payment you have scheduled. All payments, including future payments, will appear in “My Bills & Scheduled Payments”, on the “Pending Payment” list until they are transmitted. Once the payment has been sent, it will no longer appear on the Pending Payments list. If you have cancelled a payment successfully, the Pending Payments list will no longer show the payment. If the Service does not show the payment on the Pending Payments list on the day you make the payment, you have not successfully initiated a payment, and we will not process your payment instructions. You may print a copy of the Pending Payment list for your records.
Documentation as Evidence of Transfer - Any documentation that is provided to you that indicates an electronic funds transfer was made shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made.
If you follow the procedures as described for payments or transfers but are assessed a penalty or late fee by a merchant because your payment is late, we will reimburse you for your losses, including late charges, to the extent required by applicable law. However, if the payment does not show on the Pending Payments List or if you have been notified of our refusal or inability to make a payment or transfer, we shall not be liable for any failure to make a payment or transfer, including any finance charges or late charges incurred by you as a result.
Restrictions - You may not use the Services to transmit child support, alimony or other court-directed payments, nor to pay taxes or make other payments to government agencies. You are prohibited from using the Services to make payments to, or process payments for, illegal Internet gambling sites. You may only make payments to payees with U.S. addresses. You may not make payments to “Cash.”
The date the Payee credits the payment depends upon the Payee’s payment processing procedures, and Bluestone Bank will not be responsible for any delay in crediting the payment which is the result of the Payee’s payment processing procedures or delays in delivery to the Payee caused by the U.S. Postal Service.
It is your responsibility to maintain your current e-mail address within Online Banking. If you do not provide a current e-mail address, you will not receive certain disclosures and advisories related to Online Banking or Bill Payment.
In the event that you do not adhere to your obligations under these terms and conditions, or you initiate a payment less than the number of days before the payment due date required for a particular merchant, you will bear full responsibility for all penalties, late charges and damages caused by your scheduling, and we will not be liable for any such charges.
Expedited Bill Payments
For an additional fee, you may pay your bills faster with Expedited Bill Payments, avoiding the need to schedule your payments days in advance, as described above. You may elect one of two methods: Expedited Electronic Payment or Expedited Payment by Overnight Check; however, not all payees accept payments by either or both methods. The Services will tell you if your payee will not accept payment by the method you choose. If you choose to pay your bill by Expedited Bill Payment, the following additional terms apply:
- A fee will be charged for the service, as disclosed on the expedited payment screen and confirmation email received after the transaction is submitted.
- Because these payments are processed quickly, you cannot stop an Expedited Bill Payment you have already ordered to be processed.
- Expedited Electronic Payments are limited by the cut-off time established by the payee for accepting same day payments. Payee cut-off times vary by payee; Overnight Check payments must be ordered before 7:45 p.m. Eastern Time for overnight delivery.
- Overnight Check payments can only be sent to payees with a valid street address within the continental United States.
e-Bill Presentment is an optional feature of the Online Service that allows you to receive bills electronically from billers who elect to participate (“Payees”). If you activate e-Bill Presentment, you also agree that:
1. Each Payee has the sole discretion to accept or decline a request for electronic billing. Once accepted, the date of presentment of your first electronic bill may vary from Payee to Payee.
2. By your activation of e-Bill Presentment, you authorize us to use the login information you have registered with any Payee, including your password, in order to retrieve bill information on your behalf.
3. We are not responsible if your bill is not available from a Payee for retrieval, a Payee does not provide us with a bill summary, or a Payee does not provide access for you to view your bill in a timely manner. It is your sole responsibility to contact your Payees directly if you do not receive your bills or there is a delay in your receipt of a bill. You hold us harmless for any adverse consequences should you not receive a bill or there is a delay in your receipt of a bill.
4. Some Payees will turn off paper billing when you activate e-Bill Presentment; others will not. If you receive a bill both electronically and in paper format and you pay both bills, we will not be liable for crediting your account the overpayment. You must contact the Payee directly to resolve the issue. Your ability to receive a paper copy of your electronic statement in addition to an electronic bill is at the sole discretion of each Payee.
5. Any Payee may discontinue electronic billing at any time. You may also cancel e-Bill Presentment from any Payee at any time; if you do, you are responsible for making arrangements with the Payee for an alternative form of bill delivery.
6. We are not responsible for the accuracy of your electronic bill(s). Any disputes regarding the accuracy of an electronic bill must be addressed with the Payee directly.
7. The Services will store 18 months of bill summary information. However, images of the bills may only be available as long as the Payee maintains them. If you will have need of bill summary information or images of bills beyond these times, you should save them to your computer or print them.
8. The e-Bill Presentment feature is subject to the Liability Limitations described below and all other provisions of this Agreement.
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.
We and our agents will use good faith efforts to make all your payments and transfers properly. However, under no circumstances will we be liable if we or our authorized third parties are unable to complete any payment or transfer initiated in the correct amount or in a timely manner via the Services because of the existence of any one or more of the following circumstances:
- Your payment does not appear on the Pending Payments List on the day you initiate it (for Online Banking).
- If, through no fault of ours, your selected account at Bluestone Bank does not have sufficient available funds to complete the payment. Note: If this occurs, we are under no obligation to notify you that the payment or transfer has not been completed.
- The funds in your selected account are subject to legal process or other encumbrance restricting such payment or transfer.
- Your subscription to the Services has been suspended or terminated for any reason.
- The Services, the software, or any communications link is not working properly, and you know or have been advised by us about the malfunction before you attempted to execute the transaction or, in the case of an automatic or recurring payment or transfer, at the time such payment or transfer should have occurred.
- Your computer or related equipment or software malfunction, or your Internet service provider fails to provide a connection.
- You have not provided us with the correct or complete information for those payees to which you wish to direct payment or for those accounts to or from which you wish to make a transfer.
- The merchant or other payee mishandles or delays crediting of any payments sent by us on your behalf, or the merchant or payee refuses or is unable to accept a payment.
- You fail to schedule a proper date for payment sufficiently in advance of the date a payment is due.
- A payment sent by check, including an Overnight Check, is delayed by the U.S. Post Office or other carrier selected by us.
- Circumstances beyond our control (such as, but not limited to, fire, flood or interference from an outside source) prevent the proper execution of the transaction, and we have taken reasonable precautions to avoid these circumstances.
If you have followed the procedures described in this Agreement for payments or transfers but are assessed a penalty or late charge by a merchant because we have failed to process a transaction timely in accordance with the terms of this Agreement, we will reimburse you for your losses, to the extent required by applicable law. However, our obligation to reimburse you for your losses is subject to the liability limitations described herein. In the event that you do not adhere to your obligations in this agreement, you will bear full responsibility for all penalties, late fees and damages proximately caused by your action or inaction, and we will not be liable for any such charges.
The Online service is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. except as otherwise required by law, we and our officers, directors, employees and agents are not liable for any indirect, special, incidental or consequential damages, including lost profits, arising in any way out of the installation, use, or maintenance of your equipment or your use of the services, even if you advise us of the possibility of such damages. You acknowledge that your sole and exclusive remedy in the event of your dissatisfaction is to cease use of the Services.
Your User ID and Password are confidential. These identifiers (your “Security Codes”) are for your personal use and should not be disclosed to any other person. We will not be liable if you voluntarily give your Security Codes to another person who makes transactions via the Services without your permission. Contact us immediately if you believe that someone has obtained your Security Codes or may have access to your accounts without your permission. Telephoning is the best way of minimizing your losses.
Customer Service Information
For questions or assistance with Bluestone@Home Online Banking Services or Bill Payment, please contact the Bank at 888.412.9668.
For questions concerning your account or account activity or notices, contact our Deposit Operations Department toll free at 800.356.8622, Monday through Friday, 8:30 a.m. – 5:00 p.m. Eastern Time or email us at internetbankservice at bluestone dot bank.
If you believe that your User ID and/or Password have been compromised or that an unauthorized transaction has been made from your account, please telephone us immediately at 888.412.9668. If you are unable to reach us by telephone, you may email us at internetbankservice at bluestone dot bank or write to us at:
Attn: Deposit Operations
756 Orchard Street
Raynham, MA 02767
We may from time to time introduce new services or enhance the existing Services. By using these new services when they become available, you agree to be bound by the terms and conditions relating to these services, notice of which will be sent to you, if required by applicable law, prior to their release.
If you are an Online Banking customer, you agree by consenting electronically to this Agreement that we may communicate with you by electronic means regarding the accounts you maintain with us and designate for use with the Services. This means that we can provide this Agreement and Electronic Funds Transfer Disclosure electronically. To retain a printed copy of this Agreement and Disclosure, you will also need a printer attached to your computer that is capable of printing from your Internet web browser. This also means that we may send you electronic messages regarding your account or the Services. These messages may include any disclosures or notices required by applicable Federal or state law or regulation. For example, if you assert an electronic transaction error in your account, we may communicate the results of our investigation to you via the e-mail message feature within the Services.
You should check your e-mail messages within the Services regularly in order to insure that you have received any important information about your account or the Services. You will be deemed to have received any information, including any required disclosure or notice, as of the date we transmit such information to you. If your account is a joint account, we will consider our electronic communication to one owner as being given to all account owners.
All communications in either electronic or paper format will be considered to be “in writing.” You may request a paper copy of any electronic disclosure, this Agreement, or other electronic communication by contacting our Deposit Operations Department toll free at 800.356.8622. You may also withdraw your consent to receive electronic communications and disclosures by contacting our Deposit Operations Department at the above telephone number. However, withdrawing your consent will result in termination of your Online Banking services.
Electronic Statement Delivery (“Online Statements”)
1. The Scope of Your Consent
If you consent to Online Statements, you also consent to delivery of the following categories of communications from us in electronic form:
- Periodic and annual statements you are provided in connection with the accounts for which we offer, and you select, electronic delivery, whether now or in the future;
- Images of checks paid against your account(s) during the statement period, if applicable;
- Consumer disclosures, as applicable, that are required and may be provided on a consumer’s periodic statements, including, but not limited to, the Error Resolution Notice required by the federal Electronic Fund Transfer Act and Massachusetts General Laws Chapter 167B, certain deposit account terms as required under the federal Truth-in-Savings Act, and the Billing Rights Statement required by the federal Truth in Lending Act and Massachusetts General Laws Chapter 140D;
- Notices and other communications we may send to you, including but not limited to notices regarding changes to the terms of your account, including applicable fees. Your continued use of the Services following such communication will constitute your acceptance of the revised terms. (Certain changes in terms notices that would normally be provided as an insert with your paper statement may continue to be provided in paper form via U.S. mail or may be provided by e-mail.)
If your account is joint with another person or persons, one joint owner’s election to receive Online Statements shall apply to both or all of you.
You understand that once we process your Online Statement request, we will discontinue mailing printed account statements to your mailing address of record unless you tell us otherwise (as described below).
If you close your account, you will no longer have access to online statements for that account. We will print and mail a paper copy of your final statement to you.
If you have a Passbook Savings Account, you will not have access to online statements even if you select your passbook savings account for online statements. If you have an electronic fund transfer transaction in a particular month, we will send you a paper statement that month.
If you have combined statements, you will continue to have combined statements once you enroll in online statements.
Once you have activated online statement delivery, you will have access to all available prior online statements.
2. How We Will Provide Online Statements
You must provide a valid e-mail address for our notification purposes. Each statement period we will send you an e-mail notice advising you of the availability of your Online Statement. Once you receive our e-mail notice you may then access your current Online Statement at the Bluestone Bank on-line banking system website.
If an e-mail we send to your e-mail address of record is returned as undeliverable we will attempt to contact you by telephone or U.S. mail, but we are not obligated to do so.
3. Your Right to Withdraw Consent to Online Statements
You may withdraw your consent to have your statements provided in electronic form at any time through the Online Banking system. Once we receive your request, all subsequent statements will be delivered in paper format with check images. This means that images of the fronts of all checks paid during the statement cycle will be provided in place of the original cancelled checks.
You will not be charged a fee to withdraw your consent. However, if you withdraw your consent, any fees we may have been waiving on your account based on your agreement to receive electronic statement delivery will be charged subsequently. If your account is one that requires electronic delivery of statements, withdrawal of your consent to Online Statements may also result in the conversion of your account to another account type, if and as disclosed in your particular account disclosure provided to you at account opening.
4. Requesting a Paper Copy of a Statement
You may request a paper copy of any Online Statement, check image, disclosure or notice received electronically under this agreement by writing to us at the address for notices above within seven years after we provided the statement, image, disclosure or notice to you electronically. You may be charged a fee for a duplicate copy, as described in our then current Fee Schedule. However, you will not be charged a fee if you request a copy of the back of a check paid on your account.
5. Your Duty to Review Your Online Statements
Your Online Statement will be dated up to five days prior to the day of the e-mail notifying you of the availability of your Online Statement. You must promptly access and review your Online Statement and notify us within the applicable time period specified in the Deposit Account Agreement, Electronic Fund Transfer Disclosure, and/or Billing Rights Summary of any error, unauthorized transaction, or other discrepancy. The applicable time period within which you must notify us begins on the day we send you the e-mail notification, regardless of when you receive or open your Online Statement. Loan customers understand that it is the responsibility of the customer to view the online statements for the loan and to make loan payments on time. Failure to make loan payments in accordance with the loan note will result in late charges as stipulated in the loan note.
6. Online Statement Access
Access to Online Statements may be unavailable at times due to scheduled maintenance, unscheduled maintenance, or system outage. In addition, both environmental and physical events may occur that may cause the Services to become unavailable. We will make every reasonable effort to ensure the availability of access to your Online Statements through the Services. However, we are not liable for the unavailability of the Services or any damage that may result from your inability to access your Online Statement.
7. Updating Your Contact Information
It is your responsibility to provide us with an accurate and complete e-mail address, postal address, and telephone number. You must promptly notify us of any change in your contact information. You may change your contact information with us through the Services or by contacting us directly as described above.
8. Our Right to Terminate Online Statement Delivery
We reserve the right, in our sole discretion, to discontinue providing statements to you electronically and revert to paper statements at any time. We will provide you with notice of any such termination as required by law.
9. Verification of Ability and Consent to Receive Statements and Other Communications Electronically
Before we can provide you with periodic statements and other disclosures and notices in electronic format, you must demonstrate to us that you can access your statement or other communications in the same manner that it will be provided. Your consent to electronic delivery by your electronic “click” within Online Banking or on the Online Banking enrollment page demonstrates to us that you have the minimum hardware and software specifications described above and that you wish to receive electronic delivery of your account statements, disclosures and other communications from us.
Suspension by Us
In the event of repetitive failed payments or transfers, we reserve the right to suspend your subscription to the Services. This suspension may be without prior notice to you. If your subscription is suspended, transactions which were previously scheduled will be cancelled. In the event your subscription is suspended, we will notify you by mail at your last listed address or last listed e-mail address and all inquiries or correspondence relating thereto, including requests for reinstatement, should be directed to the Deposit Operations Department.
Termination by Us
We reserve the right to terminate your use of the Services, in whole or in part, at any time without prior notice. If you have not logged in to the Services or performed any banking transactions or paid bills via the Services in more than 180 days, or if your account is not in good standing, we may terminate your subscription to the Services for security reasons, with or without notice to you.
Canceling the Services
If you wish to cancel your subscription to the Online Service, you must provide the bank with ten (10) days’ advance notice by phone or e-mail, or you may notify Bluestone Bank in writing. You will be responsible for all payments or transfers you have requested prior to termination unless cancelled by you, and for all other charges and fees incurred.
We may amend this Agreement, or the applicable fees and charges, at any time. We will send notice to you of any amendment at your last listed address with us or transmit notice of the alteration or amendment over the Services at least 30 days prior to the effective date of the change, if required by law. However, if the change is made for security purposes, we can implement it without giving you prior notice. Your use of the Services following transmittal of a notice of alteration or amendment constitutes your acceptance of such alterations or amendments.
Resolution of Disputes
In the event of a dispute regarding the Services, you and we agree to resolve the dispute by looking to the terms and conditions contained in this Agreement. The terms and conditions contained here, as they may be amended from time to time, shall supersede any and all other representations made by our employees.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless agreed by us in writing.
This Agreement shall be construed and governed by the laws of the Commonwealth of Massachusetts, without regard to any conflict of law's provisions. In the event of any conflict between the provisions of this Agreement and applicable law or regulation, this Agreement shall be deemed modified to the extent necessary to comply with such law or regulation.
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
1. 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.
2. 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.
3. 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
1. 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.
2. 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.
3. 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.
4. 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:
1. if, through no fault of ours, you do not have enough money in your account to make the payment or transfer;
2. if the payment or transfer will go over the credit limit on your overdraft line.
3. if circumstances beyond our control (such as fire or flood) prevent the payment or transfer, despite reasonable precautions we have taken;
4. if the terminal where you are making the transfer does not have enough cash;
5. if the terminal or system was not working properly and you were aware of the malfunction when you started the transfer; or
6. 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:
1. for certain disclosures necessary for the completion of a transfer;
2. for verification of the condition and existence of your account for a credit bureau or merchant;
3. to persons authorized by law in the course of their official duties;
4. to our employees, auditors, service providers, attorneys or collection agents in the course of their duties;
5. pursuant to court order or lawful subpoena;
6. to a consumer reporting agency as defined in Chapter 93 of the Massachusetts General Laws; or
7. by your written authorization which shall automatically expire after 45 days;
8. 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.
1. Provide us with your name and account number.
2. 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.
3. 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.
1. 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.
2. Charge For Replacing Cards. Refer to the most recent Schedule of Fees that was provided to you.
3. 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.
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:
1. 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.
2. 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.
3. Your card and any replacement card remain our property. The card is not transferable. You will return it to us upon request.
4. 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.
5. 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.
6. Any notices you give us should first be given orally in person or by telephone and should be confirmed in writing immediately.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.