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Bill Pay Agreements and Disclosures

 
INTERNET BILL PAYMENT AGREEMENTAND DISCLOSURES REQUIRED BY FEDERAL LAW
Internet bill payment service (“Service”) is provided through The Bank of Glen Burnie’s Internet Banking Service.  You may use the Service to direct The Bank of Glen Burnie® to make payments (“Bill Payments”) from your designated checking account (“Account”) to the Payees you choose through a third party vendor in accordance with this Agreement.  The terms and conditions of this Agreement are in addition to your Internet Banking agreement, account agreements, disclosures and other documents in effect that govern your Account.  By registering for and/or by using the Service, you agree to the following terms and conditions.  Continued use of the Service is contingent on your Account remaining in good standing with The Bank of Glen Burnie® and the other conditions of this Agreement.  The terms of this Agreement include the instructions, manuals and other material for the Service. 
“You” or “your” means all holders and authorized users of the Account.  “Bank” and “we” means The Bank of Glen Burnie.  “Payee” means anyone, including the Bank, you designate and the Bank accepts as a payee.   
A.        GENERAL TERMS
1.      Application.  To apply for the Service, you must first be registered for our Internet Banking Service and then follow the procedures to register for the Bill Payment Service.  The person completing the registration must be an authorized signer for the Account and an authorized user of our Internet Banking Service.
2.      Security and Data Recording.  To use the Service, the Bank has assigned (or you have selected) a Password.  The Password is a "security procedure."  You agree that this security procedure is commercially reasonable and is designed to authenticate your transactions.  You agree that you will not disclose, and will prevent the disclosure of, your Password.  If the confidentiality of the Password is compromised, you shall notify the Bank immediately.  You assume sole responsibility for maintaining the Password.  When you access the Service, your instructions may be recorded.  You consent to such recording.
3.      Designation of Account and Request for Service.  Only a checking account may be designated as your Account.  You request that the Account designated as part of the registration process be made available for access through the Service.  You represent and warrant that you are authorized to make all such requests and to have such Account and Service included.  Notwithstanding the terms of any of your existing or future agreements with us, which agreements may require the instructions of one or more named individuals to access funds in your Account, any person granted access to the Service may authorize the Bank to make transactions to and from your Account on your behalf.
4.      Equipment and Technical Requirements; Viruses.  To perform transactions, you must have a telephone or cable line and other electronic equipment necessary, such as a personal computer with Internet access.  It is your responsibility to acquire and pay for the equipment, software and Internet service necessary to access the Service.  The browser you use for Internet access must meet the level of security standards that the Bank requires from time to time.  In addition, it is your responsibility to supply and use virus protection programs to scan your computer and related materials for viruses and remove them.  You agree that the Bank is not responsible in any respect for any viruses you may encounter using or accessing the Service.
 5.      How To Set Up Payees/Payments.  You may initiate Bill Payments as: “single” (you are making a single payment) and “recurring” (you are making recurring payments in the same amount on a regular due date, e.g., monthly).  To set up Payees and Bill Payments, complete an online bill paying enrollment form.  You may add Payees in the “SET UP ACCOUNTS/PAYEE” section at anytime.  You may add a new recurring Bill Payment to a Payee only if the Payee is on your authorized list of Payees and by accessing the Service and entering the appropriate information.  Most other additions, deletions, or changes can be made by using the Service and entering the appropriate information.  The Bank reserves the right to refuse the designation of a Payee for any reason.  The Bank’s third party vendor will assign a payee code to each Payee approved by the Bank.  You may pay almost any payee you wish.  There are several restrictions: 
·                    The Payee must be located in the United States;
·                    Bill Payments may not be remitted to tax authorities or governments or collection agencies
·                    Bill Payments may not be remitted to securities companies, for example, Ameritrade, for stock purchases or trades
·                    Court directed payments are unauthorized (alimony, child support or other legal debts)   
Don’t forget you can use this system to send payments to your son/daughter in college, pay your local orthodontist, credit cards, charitable donations, etc. 
The Bank is not responsible if a Bill Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee, or if you attempt to pay a Payee that is not on your authorized Payee list. 
6.      The Bill Paying Process.  The Bank’s third party vendor will process single Bill Payments on the business day (generally Monday through Friday, except holidays) you designate the bill is to be processed, provided the Bill Payment request is received prior to the cut-off time set by the Bank, which is currently 2:00 p.m.  Single bill requests received after the business day cut-off time, or at any time on a non-business day, will be processed on the next business day.  The Bank reserves the right to change the cut-off time by giving you notice.
FOR RECURRING BILL PAYMENT REQUESTS, IF YOU DESIGNATE A PROCESSING DATE OF THE 28TH THROUGH THE 31ST OF A MONTH AND THIS DATE FALLS IN A SHORT MONTH, PROCESSING WILL BE INITIATED ON THE FIRST BUSINESS CALENDAR DAY OF THE MONTH FOLLOWING THAT DATE.  Otherwise, recurring Bill Payment requests will be processed on the dates you have designated, unless such date falls on a non-business day, resulting in your Bill Payment being processed on the next business day. 
YOU MUST ALLOW AT LEAST 5 BUSINESS DAYS PRIOR TO THE DUE DATE EXCLUDING GRACE PERIODS FOR EACH BILL PAYMENT (RECURRING OR SINGLE) TO REACH THE PAYEE.  IT IS YOUR RESPONSIBILITY TO SCHEDULE/ ACTIVATE BILL PAYMENTS.  IF YOU DO NOT ALLOW SUFFICIENT TIME FOR A BILL PAYMENT, YOU ASSUME FULL RESPONSIBILITY FOR ALL LATE FEES, FINANCE CHARGES AND ANY OTHER ACTIONS AGAINST YOU INITIATED BY A PAYEE.  THE BANK RECOMMENDS THAT YOU ALLOW ADDITIONAL DAYS FOR BILL PAYMENTS TRAVELING MORE THAN 4 STATES AWAY FROM OUR PROCESSING CENTER IN KENTUCKY.    
7.      Limitations on Transactions.  You may pay bills from your Account up to $9,999.99 (or the available balance if less) per Bill Payment you process.
8.      Available Balances to Make Bill Payments.  You authorize the Bank to charge the Account for each Bill Payment you request and you agree to have available and collected funds on deposit in your Account in amounts sufficient to pay for all Bill Payments requested, as well as any other payment obligations you have to the Bank.  The Bank reserves the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other term of this Agreement.  If you do not have sufficient funds in the Account and the Bank has not exercised its right to reverse or reject a Bill Payment, you agree to pay for such payment obligations on demand.  You further agree that the Bank, at its option, may charge any of your accounts with the Bank to cover such payment obligations.
9.      Changes to Bill Payments.  You may only change or cancel a Bill Payment if you access the Service prior to the cut-off time on the business day prior to the business day the Bill Payment is going to be initiated.
10.  Liability for Incomplete Transactions.  If we do not complete a Bill Payment to or from your account on time or in the correct amount according to this Agreement, our potential liability to you is set forth in Section B(1) for consumer customers and inSection C(1) for business customers.  However, there are some exceptions to our liability in all cases.  We will NOT be liable, for instance:
a.       If, through no fault of ours, you do not have enough money (available funds) in your Account to make the Bill Payment.
b.      If the Bill Payment would go over the credit limit on your overdraft line.
c.       If the Service was not working properly and you knew about the breakdown when you started the Bill Payment.
d.      If circumstances beyond our control (such as fire or flood) prevent the Bill Payment, despite reasonable precautions that we have taken.
e.       If you have not properly followed instructions for operation of the Service.
f.        If the funds in your Account are subject to a "hold" due to legal process, similar encumbrance or as otherwise permitted in the Agreement.
g.       If the Bill Payment would exceed one of the established limits contained in the Agreement.
h.       If your own components making up the Service were not functioning properly.
i.         If we have a reasonable basis for believing that unauthorized use of your Password or Account has occurred or may occur.
j.        If we or you have terminated this Agreement or closed your Accounts.
11.  Disclosure of Account Information to Third Parties.  We will disclose information to third parties about your Account or the Bill Payments you make as follows:
• When it is necessary for completing Bill Payments;
•  To verify the existence and condition of your Account for a third party, such as a credit bureau or merchant;
•  In the course of making reports or returns required by federal or state law, to comply with any government agency, court order, or applicable law and to our supervisory agency;
•   As permitted by Maryland law, including the Maryland Confidential Financial Records Act;
•  As permitted by federal law, including the Right to Financial Privacy Act and the Fair Credit Reporting Act;
•  As described in the Privacy Notice we give you from time to time;
•  To our affiliates; and
•  When you authorize us to do so.
12.  Errors or Questions About Your Bill Payments.  In case of errors or questions about your Bill Payments, please contact the Service as follows:
Telephone the Service at 1(877)296-4120
between 7:30 A.M. and 5:30 P.M. Eastern Time each Business Day
Your inquiries will be handled as indicated in Section B, Additional Terms and Conditions for Consumer Customers for consumer customers, or Section C, Additional Terms and Conditions for Business Customers for business customers.
13.  Periodic Statements; Receipt and Confirmation.  You will get a monthly statement for any account that has a Bill Payment that month.  In any event, you will get a statement at least quarterly.
14.  Limitations on Frequency and Dollar Amount of Transactions.  Federal banking regulations restrict the number of transfers and withdrawals from any type of savings or money market account to another of your accounts with us or to a third party by means of a preauthorized, telephone or automatic transfer (which would include transfers made via Internet Banking) to 6 per month/monthly statement cycle.  In all cases, security concerns may lead to other limits on the number or dollar amount of transactions you may make from time to time.
15.  Our Business Day(s) are Monday through Friday, excluding holidays.
16.  Fees.  The fee for the Service is $5.95 per month.  The Service provides for 20 Bill Payments per month.  A charge of 30 cents ($0.30) is assessed for each Bill Payment over 20 during the monthly cycle.  There is NO CHARGE for any item if needed to correct a Bank error.  The following charges will be assessed only if you request or incur one or more of the services listed here: 
Written Correspondence to Payee                                                            $15.00
Per proof of Bill Payment not necessitated by a dispute                             $15.00
Bill Payments returned due to customer error                                            $10.00
Non-sufficient Funds (NSF)                                                                      $35.00 
The Bank reserves the right to charge you for research time involving Bill Payments no longer available in your screen history.  You will be informed of any such charges before they are incurred. 
 
There is NO CHARGE for Bill Payments if you have agreed to receive your periodic statements using our E Statements service.  If you currently use our E Statement service you must  apply for Bill Payment service separately and your account will not be charged for the service.  If you decide to discontinue our E Statement service, the regular service fee and per item charges (as described above) will be assessed to your account beginning in the month following the month that you discontinue E Statements.  All other charges (as described above) will apply to your account whether you use E Statements or not.
 
17.  Liability.  The Bank provides the Service and related documentation “as is” without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.  You are liable for all transactions you make or that you authorize another person to make, even if that person exceeds his/her authority.  If you want to terminate access that you gave to another person by sharing your Password, it is your responsibility to change your Password.  The Bank is responsible only for exercising ordinary care in making Bill Payments upon your authorization and for mailing or sending a Bill Payment to the Payee.  You are responsible for any Bill Payment requests that contain an error or are a duplicate of another Bill Payment.  The Bank is not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment.  The Bank is not liable for any failure to make a Bill Payment, if you fail to promptly notify the Bank after you learn that you have not received credit from a Payee for a Bill Payment made through the Service.  The Bank is not responsible for your acts or omissions of those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Bank’s agent.  In any event, the Bank will not be liable for any special, consequential, incidental, or punitive losses, damages or expenses in connection with this Agreement or the Service, even if the Bank has knowledge of the possibility of them.  The Bank is not liable for any act, failure to act or delay in acting if it is caused, in whole or part, by any cause beyond the Bank’s reasonable control.
18.  Termination of Service.  You may terminate your use of the Service by giving the Bank written notice at least 2 business days in advance of termination.  Your termination of the Service will act as a termination for any joint owners on your Account.  The Bank may terminate your use of the Service, in whole or in part, at any time without prior notice.  The Bank has no duty to provide the Service after termination.  Any termination will not affect liability incurred by you prior to termination.  The Bank is not responsible for any recurring Bill Payment made before the Bank has had a reasonable opportunity to act on your termination notice. 
19.  Changes in Terms.  The Bank reserves the right to amend the terms and conditions applicable to your use of the Service.  Unless applicable law requires otherwise, all such amendments will be binding upon you immediately after the Bank gives you notice of the amendment.
20.  Notice.  Any notice, request or other communication you are required or permitted to give under this Agreement shall be in writing and sent by certified or registered United States mail, return receipt requested, postage prepaid, to the Deposit Processing Manager, The Bank of Glen Burnie®, P.O. Box 70, Glen Burnie, MD  21060.  Such notices shall be effective when the Bank receives them.
At the Bank’s discretion, the Bank may give notice to you by mail or by e-mail.  The Bank may give notice of changes in terms or the Bank may revise the terms and conditions in this Agreement and make it available in the Bank’s branches.  Any notice that is mailed is considered given 48 hours after the Bank places it in the mail, postage-paid, for delivery to your address as shown on the Bank’s records.  Any notice delivered electronically is considered given 24 hours after it is first made available through the Service.  The Bank will send email notices to the email address you have given the Bank.  If a specific notice period or type of notice is required by applicable law, the notice will be binding in accordance with such law.
21.  New Services.  The Bank may have occasion to incorporate new options into the Service.  By using such new options, you agree to be bound by the rules concerning those options, which will be mailed to you or disclosed through the Service, as appropriate.
22.  Severability.  Any term contained in this Agreement which is or becomes invalid or unenforceable under applicable law or regulation, shall not affect the validity or enforcement of the remaining terms.
23.  Assignment.  The Bank may assign or delegate any of its rights or obligations under this Agreement to independent contractors or other third-party organizations without affecting the enforceability of this Agreement.  Your rights and obligations may not be assigned or transferred without the Bank’s written consent.
24.  Governing Law.  This Agreement and the Service shall be governed by and construed in accordance with the internal laws of the State of Maryland (without regard to conflict of law principles) and federal law as applicable.
25.  Use of Eastern Standard Time.  In this Agreement, all references to specific times are deemed to be Eastern Standard Time.
B.        ADDITIONAL TERMS AND CONDITIONS FOR CONSUMER CUSTOMERS.  This Section contains additional terms, agreements and disclosures for accounts within the scope of the Federal Electronic Funds Transfer Act and Federal Reserve Board Regulation E (Accounts owned by natural persons primarily for personal, family or household purposes).
1.      Your Liability for Unauthorized Transfers.  Tell us AT ONCE if you believe your Password has been discovered by someone else, or that someone has conducted or may conduct a transaction without your permission.  Telephoning is the best way of keeping your possible losses down.  Contact us immediately as described in Section A(12).  Errors or Questions About Your Electronic Transactions.  You could lose all the money in your account (plus your maximum overdraft line of credit).  If you tell us within 2 business days,  you can lose no more than $50 if someone used your Password without your permission.  If you do NOT tell us within 2 business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows Bill Payments that you did not make, tell us at once.  If you do not tell us within 60 days after the statement was sent to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.  If good reasons (such as long trips or a hospital stay) kept you from telling us, we will extend the time periods to a reasonable limit.  Notice of lost Passwords or unauthorized Bill Payments is considered given to us either in person, by telephone or in writing.  If you notify us in writing, notice is considered given at the time you place the notice in the mail or when you deliver the notice for transmission by any other means.
2.      Errors or Questions About Your Electronic Transactions.  In case of errors or questions about your Bill Payment(s), call or write us as indicated in Section A(12) above as soon as you can, if you think your statement or receipt is wrong or if you need more information about a Bill Payments listed on the statement or receipt.  We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
a)         Tell us your name and account number.
b)         Describe the error or the Bill Payments you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
c)         Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and we will promptly correct any errors.  However, if we need more time, we may take up to 45 days to investigate your complaint or questions.  If we decide to do this, we will recredit your Account for the disputed amount within 10 business days after hearing from you so that you will have use of the money during the time that it takes us to complete our investigation.  If we ask you to put your complaint or question in writing, and we do not receive it within 10 business days, we may choose 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.  An account is considered a new account for 30 days after the first deposit is made if you are a new customer.
We will tell you the result within 3 Business Days after completing our investigation.  If we decide that there was no error, we will send you a written explanation.  You may ask us for copies of the documents that we used in our investigation.
3.      Liability for Incomplete Transactions.  If we do not complete a Bill Payment to or from your Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages.  However, there are exceptions as indicated in Section A(10).
C.        ADDITIONAL TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS
This Section contains additional terms, agreements and disclosures for accounts outside of the scope of the Federal Electronic Funds Transfer Act and Federal Reserve Board Regulation E (e.g., commercial or business accounts that are established primarily for purposes other than personal, family or household use or any account held by entities, not natural persons).
1.      Responsibility and Liability for Transactions.  You are solely responsible for the security of your Password.  All Bill Payments made with your Password are conclusively presumed to have been authorized by you.  We shall have no liability to you for any unauthorized Bill Payment made using your Password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.  Notwithstanding any other provision in this Agreement, we have no liability for failing to complete a Bill Payment  to or from your account in time or in the correct amount under any circumstances listed in Section A(10).  In other cases, if we fail or delay in making a Bill Payment pursuant to your instructions, or if we make a Bill Payment in an amount which is less than the amount in your instructions, then (unless otherwise required by law) our liability shall be limited to interest on the amount which we fail to timely pay or transfer, calculated from the date on which the Bill Payment was to be made until the date it was actually made or you notify us of the problem, whichever occurs first, but in no event to exceed 30 days’ interest.  We may pay such interest either to you or to the intended recipient of the Bill Payment, but in no event shall we be liable to both parties, and our payment to either party shall fully discharge any obligation to the other.   If we make a Bill Payment in an amount which exceeds the amount in your instructions, or if we permit an unauthorized Bill Payment after we have had a reasonable time to act on notice from you of possible unauthorized use, then (unless otherwise required by law) our liability shall be limited to a refund of the amount erroneously paid or transferred, plus interest on that amount from the date of the Bill Payment to the date of the refund, but in no event to exceed 30 days’ interest.  If we become liable to you for interest under this Agreement or applicable law, such interest shall be calculated based on the lowest interest rate we are then paying on our deposit accounts.  In no event shall we be liable for interest compensation unless we are notified of a discrepancy within 30 days from the date of the first periodic statement reflecting the discrepancy.
Unless otherwise required by law, in no event will we be liable to you for special, indirect, or consequential damages, including, without limitation, lost profits or attorneys’ fees, even if we are advised in advance of the possibility of such damages.
You agree to reimburse us and indemnify us for any loss or expense we incur and for any claim made against us in providing Bill Payment to you, including any reasonable legal fees we have.
2.      Authentication.  We reserve the right, in our sole discretion, to authenticate any request for a Bill Payment prior to effecting the same.  We are entitled to rely on any communication, instrument, document, telephonic or computer instruction believed by us in good faith to be genuine and correct and to have been given, signed or sent by anyone on your behalf.  We shall not be liable to you for the consequences of such reliance.  You agree that these procedures are commercially reasonable, are designed to authenticate the use of the Service, are not designed for your protection and are not used to detect errors in the transmission or content of any instruction.
Agreement to Transact Business and Receive Disclosures by Electronic Means.  By clicking the “SUBMIT” box for The Bank of Glen Burnie’s Internet Bill Payment Service, you agree that your Account and its use in connection with the Service will be conducted by electronic means, that the Bank may provide this Agreement and other communications regarding the Service electronically in a format that allows visual text to be displayed on your personal computer or other electronic equipment, and that the initial disclosures, change-in-terms notices and periodic statements required by Regulation E of the Electronic Funds Transfer Act may be sent to you electronically.  Unless this Agreement provides otherwise, all documents delivered electronically will be effective when the Bank transmits them unless the Bank states a later effective date.  The Bank will mail you the most recent version of this Agreement, change-in-terms notices and periodic statements upon your written request for no charge.  Your consent to electronic delivery of disclosures applies only to the Service.
You may withdraw your consent to electronic delivery of disclosures by sending the Bank notice as described above in Section A(20).  If you withdraw your consent, we may terminate this Agreement.
You may update the information the Bank needs to contact you electronically by sending the Bank notice of the updated information as described above in Section A(20).
To access the Service and to access and retain all disclosures the Bank recommends you use Microsoft Internet Explorer version 7.0 or higher.  By clicking the “SUBMIT” box you acknowledge that you are able to access the electronic disclosures.