Terms and Conditions
YADKIN BANK ONLINE BANKING TERMS AND CONDITIONS
Welcome to Yadkin Bank’s Online Banking. Your use of Online Banking is subject to all terms and conditions contained in this online Agreement (the “Agreement”) as well as the Yadkin Bank Deposit Account Terms and Conditions (the “Deposit Account Terms & Conditions”). Please read the Agreement carefully before proceeding. When you use Online Banking you agree to the terms and conditions of the entire Agreement.
I. GENERAL TERMS AND CONDITIONS
1. Definitions: Throughout this Agreement, the words “you” and “your” refer to every person who is listed on our records as an owner of the Account who has enrolled in Online Banking. “We”, “us” and “our” mean Yadkin Bank. “Authorized Use” means you or any other person who either (i) is actually authorized by you to use Online Banking on your behalf; (ii) accesses Online Banking using your online password, whether or not such person has actual authority to do so. “Account” means your primary checking account or other account designated by you. “Business Day” means Monday through Friday, except for legal holidays. “Transaction” means any transaction requested using Online Banking, including requests for transfers between your accounts and Bill Payment requests. “Site” means our internet website.
2. Terms of Agreement: You agree to the rules in this Agreement every time your password is used to access Online Banking. Your use of Online Banking may also be affected by the agreements between us for your linked Yadkin Bank accounts. When you add an account to Online Banking you do not change the agreements you already have with us for that account, (for example – loans, money market accounts). You should review those agreements for limitations on the number of transactions you can make and for other restrictions that might impact your use of an account with Online Banking.
3. Electronic Funds Transfer Act: This Agreement applies to personal accounts and certain business accounts, unless an exception is noted. Personal accounts may be subject to the Electronic Funds Transfer Act (“EFTA”), some personal accounts will be governed both by the rules of the EFTA and this Agreement. If the EFTA applies to the account and there is a conflict between the rules of the EFTA and this Agreement, EFTA’s provisions will control. Please see the Electronic Fund Transfers section of the Customer Agreement for special rules applicable to personal accounts.
4. Online Banking Available Services: The following types of services are available anytime, day or night, 7 days per week:
o Access history on your accounts
o Check account balances;
o Transfer funds electronically between your linked accounts;
o View images of paid checks
o Initiate Stop Payments;
o Initiate electronic bill payments through Bill Pay services;
o Obtain information about Bank products and services.
5. Transfers: Transfers can be made in two ways, one-time and recurring. One-time transfers are used when transfers occur on an infrequent or irregular basis, or which vary in amount. One-time transfers can be scheduled as immediate or future dated. You may use the recurring transfer feature when you transfer a set amount at regular intervals, for example from your checking to your savings account. One-time and recurring transfers may be made from your linked Yadkin Bank personal or business checking, savings, Money Market accounts. Transfers from or to your linked loan accounts can be done as a One-Time transfer. Your ability to transfer funds between certain accounts is limited by federal law, as described in the Deposit Account Terms and Conditions. For example, Transfers from a Money Market Account to another account or to third parties by preauthorized, automatic, computer transfer or by check, draft or similar order to third parties are limited to six per statement cycle. Transfers and bill payments made using Online Banking are counted against the permissible number of transfers, as are the other transfer methods described in the Deposit Account Terms and Conditions. The completion of a transfer is subject to the availability of sufficient funds at the time of final processing. If you do not have enough available funds, you may incur a non-sufficient funds (NSF) fee. Please refer to the applicable account agreement and fee schedule for details. Transfers you submit are immediately reflected in your balances for that account. Transfers entered before the cut-off time of 9:00 PM (EST) on a bank business day are processed on that bank business day. Transfers entered after the cut-off time or on a non-bank business day are processed on the next bank business day.
6. Online Banking Bill Payment Processing: Please refer to the Bill Payment Terms and Conditions located at the bottom of the Bill Payment tab of your online banking service.
7. Stop Payments: We may accept a stop payment on any check that has not cleared your checking account. You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. Because stop payment orders are handled by computers, to be effective, your stop payment order must precisely identify the number, date and amount of the item, and the payee. You may stop payment on any item drawn on your account whether you sign the item or not. Generally, your stop payment order is effective for six (6) months. Your order will lapse after that time if you do not renew the order in writing before the end of the six-month period. We are not obligated to notify you when a stop payment order expires. A release of the stop payment request may be made by any account owner or authorized signer. Please refer to the applicable account agreement and fee schedule for details.
8. Changes in Service Charges and Terms: We reserve the right to change the terms described in this Agreement. When changes are made to any service charges, or other material terms we will update this Agreement and if required by law send a notice to you at the address shown on our records. For changes involving additional service charges for online transactions, limits on the type, amount or frequency of transactions, or any increase in your responsibility for unauthorized transactions, such notice will be posted or sent at least thirty (30) days in advance of the effective date of any change, unless immediate change is necessary to maintain the security of the system. If such an immediate change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change, as required by law. You may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse service charges in individual situations. Changes to service charges applicable to specific accounts are governed by applicable account disclosures. We also reserve the right to terminate this Site, make access unavailable, and change the Site content, with or without reasonable notice at any time.
10. Information Accuracy: We strive to provide complete, accurate and timely account information through Online Banking. All information is either generated by us or obtained from sources believed by us to be accurate and reliable as of the date posted to the Site. However, because of the possibility of human and mechanical error, delayed updates, as well as other factors such as the difficulty of securing a website from unauthorized alterations or the occurrence of a system breakdown or other unavailability, neither we nor any of our affiliates provide any representations or warranties regarding the Site or any information in it, and we will not be liable to you if any such information is unavailable, delayed or inaccurate. THE SITE AND ALL INFORMATION IS PROVIDED “AS IS” AND WITH ALL FAULTS, AND WE MAKE NO REPRESENTATIONS AND DISCLAIM ALL IMPLIED WARRANTIES OF EVERY KIND, INCLUDING WARRANTIES OR ANY DUTIES (IF ANY) AS TO ACCURACY, TIMELINESS, AND COMPLETENESS SUITABILITY, AVAILABILITY, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE, OR LACK OF NEGLIGENCE OR VIRUSES. We do not provide any warranty against infringement or of quiet enjoyment, and make no other express warranties. With respect to electronic funds transfer problems, such as unauthorized transfers or our failure to properly complete authorized transfers, the extent of our liability is described in this Agreement and in the Electronic Funds Transfer section of the Customer Agreement.
11. Computer Virus Information:
a. Yadkin Bank systems. It is possible to contract a computer virus by using the Internet or materials downloaded from it. We attempt to keep our Site virus free by following industry practices and federal and state requirements, but we cannot assure you that the Site and any software or other information downloaded will be virus free. We are not responsible for any electronic virus related problems that may be associated with the use of Online Banking.
b. Your Computer and home network. Yadkin Bank is not obligated to provide you tools that you may use to make your site virus free or otherwise reduce the risk of exploitation by malware. Yadkin Bank may, however, make available tools or services to you at additional cost that may be used to augment your current security in your computing device or network.
12. Your Computer and Software: You will need a personal computer, Internet Service through the provider of your choice, and a compatible web browser with 128-bit data encryption. You may download a compatible web browser free from a number of sources. Yadkin Bank Online Banking supports current versions of Internet Explorer, Firefox, Safari, and Chrome. You are responsible for the installation, maintenance and operation of your computer, any network supporting your computer, and your browser software. You assume all risk of error, failure, or non-performance, including the risk that you do not operate your computer or your software properly. We are not responsible for any errors or failures from any malfunction of your computer, your network, or your software. We have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your computer or your software. We are not responsible for limitations of functionality when your browser software or other software is not compatible with Online Banking. WE MAKE NO WARRANTY TO YOU REGARDING YOUR COMPUTER OR YOUR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
13. E-Mail: E-mail transmissions from your personal or business email accounts are not secure. We recommend that you do not send us or ask for sensitive information via any general or public e-mail system. Yadkin Bank provides a secure messaging system through Online Banking, but you must not use the Online Banking secure messaging system for communication that is time sensitive, such as stop payments, making fund transfers, reporting lost or stolen debit or credit cards or checks, or reporting an error on your account. If you send us a message using the Online Banking secure messaging system, we will receive it by the following business day. You agree we may take a reasonable period of time to act on any message. You agree that Yadkin Bank may use the Online Banking secure messaging system to respond to your inquiry, particularly where confidential information or data is involved. Any message we send you through the Online Banking secure messaging system shall be considered received within three (3) days of the date sent, regardless of whether you check your e-mail messages within that time frame. You also agree that the Bank may respond to you by e-mail with regard to any non-confidential matter related to Online Banking services. In the latter case, you should validate the authenticity of any message by contacting your local branch in light of the prevalence of phishing attacks through public email facilities.
14. Account Statements and Error Resolutions: All transactions completed on Online Banking will appear on your periodic account statement. Please refer to the Deposit Account Terms and Conditions provided to you at the time your account was established for rules applicable to account statements. The most current version of this brochure is available at any of our branch locations. If you think your statement is incorrect or if you need more information regarding a transaction, please see the Error Resolution Notice in the Deposit Account Terms and Conditions.
15. Service Interruptions: Online Banking may be unavailable at certain times when computer systems require maintenance or upgrades, unforeseen maintenance is necessary, or major events occur, such as earthquakes, fires, floods, computer failures, interruptions in telephone service, or electrical outages. Planned outages are scheduled for Thursday mornings between 12 a.m. and 2 a.m. and for Sunday mornings between 12 a.m. and 6 a.m. to maintain the Online Banking systems and their supporting infrastructure. We will make all reasonable efforts to ensure the availability of Online Banking. However, we are in no way liable for the unavailability of all or any portion of Online Banking.
16. Termination of Online Banking: We reserve the right to terminate your use of Online Banking at any time and for any reason. If you should wish to cancel Online Banking, you must cancel all future bill payments and transfers using Online Banking at the time you cancel your enrollment. We will not be liable for any payments or transfers made consistent with a request that you have not cancelled. If you do not access your accounts via Online Banking for any six (6) month period, the Bank reserves the right to disconnect your service without notice.
17. Unauthorized Transactions: Notify us immediately if you believe another person has obtained your Online Banking Identification or Password. Also notify us if someone has transferred or may transfer money from your deposit account without your permission or if you suspect any fraudulent activity on your account. To notify us, call an Online Banking Representative at 800-916-0276 or 855-ASK-YAVY. Online Banking Representatives are available between 8:30 a.m. and 5:00 p.m. (EST) Monday-Thursday and on Fridays 8:30 a.m. to 6:00 p.m. (EST). You may also write to us at:
ATTN: Customer Support
PO Box 888
Elkin, NC 28621
Additionally, you may also email us at YadkinOnline@YadkinBank.com. However, electronic mail (e-mail) transmissions are not secure. We therefore, request that you do not send us or ask for sensitive information, etc. via any general form of e-mail system. Yadkin Bank has implemented a secure messaging system through Online Banking that allows a customer to drop off and receive messages securely that contain confidential information regarding any of the Online Banking services.
18. Error Resolution: Please refer to the Electronic Funds Transfer Disclosure you received at account opening or the back of your most recent account statement.
II. SECURITY PROCEDURES:
1. Your Role: Your role is extremely important in the prevention of any wrongful use of your account. You must promptly examine your statement upon receipt. If you think your statement is wrong or if you need additional information about a transaction, please see the Error Resolution Notice in the Deposit Account Terms and Conditions. You are responsible for keeping your password and ID confidential. Use of your password will be considered the same as your written signature in authorizing us to complete any transaction you may request. We are acting on any instructions we receive under your password, and you assume all risk resulting from any such access. In addition to protecting your Online Banking ID, password and other account information, you should take precautions to protect personal identification, such as your driver’s license, Social Security Number and the like. This information by itself or together with information on your account may allow unauthorized access to your account(s). It is your responsibility to protect personal information with the same level of care that you protect your account information. We will exercise good faith and reasonable care in processing your transactions. You will similarly exercise good faith and reasonable care in observing and maintaining security procedures, in communicating with us and in reviewing your account statements for any errors or discrepancies. For further information, please see our Security Statement.
2. Your Password: You will be assigned an Online Banking log in identification and an initial password. You will be required to change this password the first time you sign on. Your password must meet the minimum standard of being at least eight characters in length and have at least one each of upper case, lower case and numeric. Please follow the requirements for setting your password. We recommend that you do not use your telephone number, birth date or any easily guessed password. You are authorizing Yadkin Bank to act on instructions received under your Online Banking ID and password. You are responsible for keeping your account number(s) and other account data confidential at all times. You will also be asked to complete a series of challenge questions.
III. LIMITATION OF LIABILITY:
1. Limitation of Liability for Loss: To the fullest extent allowed by law, you agree neither we nor any of our affiliates will be liable to you or any third party for any loss, property damage, bodily injury, any consequential or incidental damages (including limited to lost profits or lost opportunity), or any other indirect, special, or punitive damages whatsoever, (i) that arise out of or are related to the Site or any use of the Site or the information contained within it, (ii) resulting from any failure to complete any transactions, or (iii) resulting from the installation, use or maintenance of any equipment, software, Internet browser or access software, even if we have been advised of the possibility of such damages. This inclusion of damages includes damages claimed in any cause of action, including but not limited to legal or equitable proceedings and claims relating to contract, tort or products liability.
2. Exclusive Remedy: You agree that your recovery for any damages that you incur shall be limited, at our election, to: (i) a refund of any amount (if any) you paid for information from the Site, or (ii) correction or replacement of the information. Any failure or unconscionability of that or any other remedy does not affect the enforceability of the limitations on and exclusions of consequential, incidental and other damages described in the preceding paragraph.
3. Specific Situations: Notwithstanding, and without limitation, we will have no liability whatsoever if:
o Through no fault of ours, you do not have enough money in your account to make a transfer or Bill Payment;
o A transfer or Bill Payment would cause your balance to go over the credit limit on your credit lines;
o Online Banking was not accessible or otherwise not working properly and the breakdown should have been apparent to you when you attempted to request a transaction;
o Circumstances beyond our control (such as fire, flood or improper transmission or handling of payments by a third party, including the post office) prevent a transfer or payment, despite reasonable precautions we have taken;
o The funds are subject to legal process or other encumbrance restricting transfer;
o The account is closed or frozen to transactions;
o You, or anyone you allow, commits any fraud or violates any law or regulation;
o Any electronic terminal, telecommunication device or any part of the electronic funds transfer system is not working properly;
o You have not properly followed our instructions and the Payee’s instruction on how to make a transaction or if you provide us with wrong, incomplete or inaccurate information electronically, orally or in any written materials completed by you in connection with Online Banking.
o The payment date you requested does not allow sufficient time for the payee to credit your account properly, or if you requested a payment of less than the full amount due to the payee; or
o We have completed any transaction requested by an authorized user.
o There may be other exceptions contained in other agreements with us that govern your account.
4. Your Liability: Except as otherwise provided by law, you will be liable for any loss or damage resulting from your breach of this Agreement or to which your negligence contributed, or which resulted from unauthorized, fraudulent, or dishonest acts by others (others than us). Such liability includes instances when someone effects one or more transactions to your detriment. You are liable for all payments that you make or which are made or requested by an Authorized User, even if such Authorized User exceeds your authority and even if such Authorized User is not an authorized signer on your account.
IV. OTHER TERMS AND CONDITIONS
1. Waivers and Severability: We may delay exercising our rights without losing them. Any waiver or partial exercise of one right is not a waiver of other rights or the same right at another time. If any provision of this Agreement, or its application to any person or set of circumstances is held invalid or unenforceable to any extent, the remainder of this Agreement, and the application to any other persons or set of circumstances is not impaired or otherwise affected.
2. Governing Law, Forum, and Limitation of Actions, Severability: This Agreement is governed by the laws of the State of North Carolina. You agree that a printed or electronic version of these terms and conditions (as changed from time to time) will be admissible in any judicial or administrative proceedings to the same extent as paper records. If you ever believe we have not adhered to this contract or are liable for any reason, please contact us immediately. If you feel compelled to bring a lawsuit or proceeding, you must do so within one (1) year of the date you have a right to sue. Any clause of this Agreement declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder.
3. Our Right to terminate this Agreement: We reserve the right to terminate this Agreement and your access to Online Banking, in whole or in part at any time for any lawful reason.
4. Assignment: You may not assign this Agreement or any portion hereof. We may assign this Agreement to our parent corporation or to any now-existing or future direct or indirect subsidiary of us or our parent corporation. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other parties.
5. How to Contact Us: For all matters affecting this Agreement, you may call us at 800-916-0276 or 855-ASK-YDKN, or you may write to us at Yadkin Bank, ATTN: Customer Support, PO Box 888, Elkin, NC 28621.