Guardian Savings Bank – Online Banking Disclosure
This Online Banking Agreement and Disclosure Statement (“Agreement”) sets forth your rights and obligations as a user of the Online Banking service (“Online Banking”) and the Bill Payment service (“Bill Pay”). It also describes the rights and obligations of Guardian Savings Bank (“Guardian”). Please read this Agreement carefully. By requesting and using one of these products, you are agreeing to the terms and conditions of this Agreement. This Agreement is to be considered an Addendum to the terms and conditions of your account and the disclosure(s) provided by Guardian.
Guardian offers a number of services to its customers, which involve electronic fund transfers. Your use of Guardian’s Online Banking through www.GuardianSavingsBank.com is governed by this agreement, your application for Online Banking, any instructions we provide on how to use Online Banking, as well as any other agreements applicable to the deposit or loan accounts you access through Online Banking. Any of these agreements may be amended from time to time. The regulations governing your deposit account(s) are set forth in documents provided to you at the time of account opening, including the “Important Information About Deposit Accounts Disclosure” or similar type document. This disclosure is also available upon request from any Guardian branch location.
The following definitions apply in this Agreement:
- “Authorized user/representative” refers to a person with authority (with respect to the account);
- “Bill Pay” is the online service that enables the scheduling of bill payments using a personal computer;
- “Bill Payment Account(s)” refers to the Guardian designated checking account(s) used for Bill Pay. You may use up to five (5) checking accounts for Bill Pay.
- “Business days” are defined as Monday through Friday, excluding weekends and Federal holidays;
- “ISP” refers to your Internet Service Provider;
- “Online Banking” is the internet-based service providing access to your Guardian account(s);
- “Online account” means the Guardian account from which you will be conducting transactions using Online Banking or Bill Pay;
- “Password” is the customer-generated code selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to Online Banking;
- “PC” means your personal computer which enables you, with the Internet browser and the ISP, to access your Online Banking account(s);
- “Time of day” references are to Eastern Standard Time;
- “User ID” is the identification code initially assigned to you for the Online Banking registration process. You will be required to change your User ID during the first log-on after being approved for Online Banking.
- “We”, “us”, or “Bank” refer to Guardian Savings Bank which offers the Services and which holds the accounts accessed by the Services; and
- “You” or “your” refers to the owner of the account or the authorized representative.
II. Access to Services
Online Banking and Bill Pay are FREE products that give you SECURE access to your Guardian accounts 24 hours a day, seven (7) days a week.
You will gain access to your Online Account(s) through the use of your internet enabled device, your ISP, your password and your User ID. Access may be suspended for brief periods of time for purposes of maintenance, updating and revising the software.
III. Online Banking Transactions
A. Account Access – You may access any or all of your savings and lending accounts using Online Banking. However, one of these accounts must be a checking account and you must be primary on either the checking account or another deposit account at Guardian Savings Bank in order to establish the online relationship.
B. Transfer of Funds – In addition to viewing account information, you may use Online Banking to conduct the transfer of funds. You may make one-time transfers or schedule future or recurring transfers between authorized deposit accounts, and/or to make loan payments. You may transfer funds between accounts including your checking, savings, and your home equity line of credit, provided there are sufficient funds in the account. Certificates of Deposit can be viewed only.
Transfers between your accounts can be made at any time. Transfers made after 8:00 p.m. Monday through Friday, or after 4:00 p.m. on Saturday, or on a Sunday or a Federal Holiday, may not be processed until the next business day. Transfers will occur provided there are no holds on your accounts and the funds are available for transfer. The time recorded by Online Banking will be considered the official time of the transaction.
A transaction results page is available after the transfer showing the posting date and reference number. We recommend that you print this page for your records.
NOTE: Because regulations require Guardian to limit preauthorized transfers (including Online Banking transfers), the following limitations apply:
- Savings Deposit Accounts – You can make no more than 6 transfers per statement cycle by preauthorized or automatic transfer (including Debit/ATM), or by telephone, or Online Banking.
C. New Services – New Online Banking services may be introduced from time to time. Guardian will notify you of any new services via the Online Banking Home page or other means. By using the new service subsequent to being notified of the terms and conditions of the new service, you are agreeing to and will be bound by those terms and conditions.
D. Schedule of Fees – Guardian offers FREE Online Banking and Bill Pay services. Please refer to the Bank’s fee schedule for any other fees related to your deposit account(s).
E. Statements- You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.
IV. Security and Protecting Your Account
You are responsible for keeping your password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:
- Do not give out your account information, Password, or User ID;
- Do not leave your PC unattended while you are in the Bank’s Online Banking Site;
- Never leave your account information within range of others; and
- Do not send privileged account information (account number, Password, etc.) in any public or general e-mail system.
|IMPORTANT: The Bank will never request your User Name and/or Password over the Internet. The only confidential communication that should occur between Guardian and its customers should be via the “Secure Support” Link located at the top of every Online Banking web page. Always initiate your Online Banking or Bill Pay transactions by accessing our Online Banking link at www.GuardianSavingsBank.com.
If you believe your password has been lost or stolen, or if you suspect any fraudulent activity on your account:
- Call the Bank immediately at (866) 216-8783; and
- Use the Password change feature within the Online Banking/User Option section of the website to change your Password.
When you or any authorized user access Online Banking using your password, you authorize Guardian to follow the instructions we receive concerning your accounts and to credit and/or charge your accounts according to those instructions. Since your password protects access to your accounts, you agree that you will not share your password or make it available to another individual. If you share your password or make it available to another individual, you authorize that individual to access your accounts and thereby give us instructions relating to these accounts from this user. You also authorize us to comply with those instructions even if that individual exceeds your authorization. If you share your password with another individual, the only way that you can restore the security of your account is to change your User ID and/or password.
V. Electronic Mail (E-Mail)
To ensure secure e-mail communications, use the secure e-mail located within the “Secure Support” link at the top of every Online Banking web page. Communication by general e-mail is not secure and is not advised for confidential and personal information.
VI. Systems and Software
Guardian shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems and software used by you to interface with our systems and software utilized by you to initiate or process banking transactions, whether such transactions are initiated or processed directly with our systems or through a third party service provider. You acknowledge that you are solely responsible for the adequacy of systems and software utilized by you to process banking transactions and the ability of such systems and software to do so accurately.
VII. Bill Payment Services (“Bill Pay”)
A. Description of Service – Bill Pay permits you to direct payments from your Bill Payment Account(s) to businesses or individuals. Guardian’s Bill Pay service provider, CheckFree, will process these payments. When any payment or other Online Banking transaction generates an item to be charged against an account, you agree that we may debit your account without requiring your signature and without prior notice to you.
All payments made through Bill Pay will be deducted from your Bill Payment Account. Any payments made through Bill Pay must be payable in U.S. dollars to a payee located in the United States or its territories. We reserve the right to restrict types of payees to whom payments may be made using Bill Pay from time to time. Bill Pay should not be used to settle securities purchases, tax payments or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited. Transaction limits include a minimum of $1.00 and a maximum of $99,999.99.
B. Scheduling Payments – Funds must be available in your Bill Payment Account on the scheduled payment date. Payments scheduled for the weekends or holidays will roll to the previous business day as the subscriber’s Scheduled Payment Date. Funds are withdrawn from your Bill Payment Account, and the payment is made by either transferring funds electronically to the payee or by mailing a check to the payee.
You may choose to schedule payments to recur in the same amount at regular weekly, monthly, or semi-monthly intervals. When you create a new payee in Bill Pay, it takes two (2) business days to set up the payee to receive payments. Therefore, you should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow us time to set up the payee and verify the information about your account with the payee.
For all subsequent payments, you agree to allow at least four (4) to ten (10) business days between the date you schedule a payment to be initiated and the payment due date (i.e., the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If the payment is an Automatic Clearing House (ACH) electronic payment, it may take up to four (4) business days to reach the payee. However, if the company or person that you are paying cannot accept an electronic payment, Bill Pay will send a check that may take up to ten (10) business days. If you do not follow these time frames, you will be fully responsible for all late fees, finance charges or other actions taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, Guardian will work with the payee on your behalf to reverse any late fees or charges.
C. Duty to Monitor Payments – Guardian is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. Guardian will not be held liable in any way for damages incurred for any of the following reasons:
- If, through no fault of ours, there are insufficient funds available in your Bill Payment Account (including any means of overdraft protection) to make the payment on the processing date;
- If mail delivery is delayed;
- If you have not provided Bill Pay with the correct payee account information (i.e. correct name, address, phone #, or account number) or other needed information;
- If the payee’s name, address or account # has been changed and we were not advised of the change in advance;
- If the payee fails to correctly account for or credit your payment in a timely manner;
- If the payment processing center is not working properly and you know or have been advised by Bill Pay about the malfunction before you execute the transaction;
- If circumstances beyond our control (such as fire, flood, technical failure, etc.) prevent the payment, despite all reasonable precautions that we have taken.
For all entries made using the services, the time recorded by the Online Banking Service will be considered the official time of the transaction.
If your Bill Payment Account does not have sufficient available funds to make a payment as of the date the payment is debited to your account, the item will be returned and may be processed as a collection item. The Bank will notify you by U.S. Postal Mail, but the Bank shall have no obligation or liability if it does not complete the payment because there are insufficient funds in your account to process the payment. In all cases, you are responsible for contacting the Bill Pay Department at (866) 216-8783 to either make alternate arrangements for payment or reschedule the payment through Bill Pay. In the case of fixed payments, only the payment currently scheduled will be impacted. Fixed payments scheduled for future dates will not be affected.
D. Change or Cancel Payment Instructions – You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within Bill Pay. There is no charge for cancelling or editing a Scheduled Payment. Once the Service has begun processing a payment, it cannot be cancelled or edited; therefore a stop payment request must be submitted.
If you desire to stop any payment that has already been processed, you must contact a Guardian branch office and speak with a Customer Service Representative. If we agree to process the stop payment, we may charge you a Stop Payment Fee as noted in the Bank’s fee schedule. Stop Payment orders must be in writing and will be in effect for 6 months. After six (6) months, any stop payment will terminate and must be renewed in order to be in effect.
E. No Signature Required – When any payment or other online Service generates items to be charged to your account, you agree that we may debit your Bill Payment account without requiring your signature on the item and without prior notice to you.
VIII. Linked Accounts
All accounts with Guardian that you enroll in Online Banking will be linked by the tax identification numbers of the persons authorized to access the account. The linked accounts will appear together without regard to ownership of the accounts. For example, if an authorized user accesses Online Banking, that authorized user will be able to view and access all accounts for which that person is a co-owner and/or an authorized user.
IX. Business Accounts
If you are a business, any authorized user on the account is authorized on such terms, conditions and agreements as we may require, to:
- Enter into this Agreement, as amended from time to time;
- Access each account of the business and use Online Banking or Bill Pay in any manner and for any purpose whether now available or available at some time in the future.
X. Term and Termination
Term – This Agreement will become effective upon acceptance and shall remain in full force and effect until termination for either cause or convenience.
Termination for Cause – We may immediately terminate your electronic banking privileges (including Bill Pay) without notice to you in accordance with the following provisions:
- You do not pay any fee required by this Agreement when due or,
- You do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing.
We will promptly notify you if we terminate this Agreement or your use of Online Banking or Bill Pay for any other reason.
Termination for Convenience – To terminate this Agreement, you must notify Guardian and provide your name, address, the Service(s) you are discontinuing and the termination date of the Service(s). When Bill Pay is terminated, any prescheduled bill payments made through Online Banking will also be terminated. You may notify Guardian by one of the following methods:
- Sending a secure e-mail through our “Secure Support” link at the top of any Online Banking web page;
- Calling (513) 923-4100 and asking for the Online Banking Administrator, or calling (866) 216-8783;
- Mailing a letter to Guardian Savings Bank, Attn: Online Banking Administrator, 5901 Colerain Avenue, Cincinnati, Ohio 45239 or
- Informing a Customer Service Representative at any Guardian branch office.
If you are not using Bill Pay during any consecutive 90- day period, we may terminate your Bill Pay account. To reactivate Bill Pay, please contact your local branch office or call (866) 216-8783.
XI. Electronic Funds Transfer Error Resolution Notice
A. Applicability – These provisions are only applicable to online electronic fund transfers that credit or debit a consumer’s checking, savings or other asset account and are subject to the Electronic Fund Transfer Act (Regulation E). When applicable, the Bank may rely on any exceptions to these provisions that are contained in Regulation E. All terms that are not defined in this Agreement, but which are defined in Regulation E shall have the same meaning when used in this section.
B. Consumer Liability – Lost or Stolen Password/Unauthorized Transfers – The following determines your liability for any unauthorized electronic fund transfer (“EFT”) or any series of related unauthorized EFTs. Call us AT ONCE at (866) 216-8783 if you believe your password has been lost or stolen, or if you believe an electronic fund transfer has been made without your permission using Online Banking. Telephoning is the best way of keeping your possible losses down. You could lose all of the money in your account plus your maximum overdraft protection amount available.
If you believe that your password has been lost or stolen, please use the password change feature within Online Banking to change your password. As a general rule, it is a good practice to change your password on a periodic basis.
- If you notify the Bank within two (2) business days after learning that your password was lost or stolen, your liability will not exceed $50.00 or the amount of the unauthorized EFTs that occur before notification, whichever is less. Each owner is responsible for transactions conducted by individuals with whom User ID and/or Password or other key information have been shared.
- If you fail to notify the Bank within two (2) business days after learning that your password was lost or stolen, your liability will not exceed the lesser of $500.00 or the total of:
- $50.00 or the amount of unauthorized EFTs that occur within the two (2) business days; plus
- The total of unauthorized EFTs which occur after the first two (2) days and before the customer gives notice to the Bank, provided the Bank establishes that these EFTs would not have occurred had the Bank been notified within that two-day period.
- Also, if your statement shows a transfer that you did not make, tell us at once. You must report an unauthorized EFT that appears on your periodic statement, no later than 60 days after we send you the statement to avoid unlimited liability for all unauthorized transfers made after the 60-day period. The consumer’s liability for unauthorized transfers before the statement is sent, and up to the 60 days following, is determined based on the first two tiers of liability as stated above.
If your delay in notifying us was due to extenuating circumstances, we may at our discretion extend the time frames specified above.
C. Telephone Numbers and Addresses – In case of errors or questions about your electronic transfers, telephone us immediately at (513) 923-4100 or write us at:
Guardian Savings Bank, FSB
Attn: Error Resolution Administrator
5901 Colerain Avenue
Cincinnati, Ohio 45239
Business Days: Monday through Friday, excluding Federal holidays
Business Hours: 8:00 a.m. to 5:00 p.m. Eastern Standard Time
If you think your statement is wrong, or if you need more information about a transfer listed on the statement, please contact us as soon as possible as noted above. We must hear from you no later than 60 days after we sent the FIRST statement in which the problem or error occurred. Please include the following:
- Tell us your name and account number;
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
- 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 (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account) to investigate your complaint or question. If this occurs, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error. This will allow you the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results 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 for copies of the documents that were used in the investigation.
D. Guardian’s Liability – This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and Bill Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence. We will not be liable to you in the following instances:
- If through no fault of the Bank, you do not have enough money in your account to make the transfer, or the transfer would exceed your available overdraft protection;
- If circumstances beyond our control (such as fire, flood, power outages, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken;
- If there is a hold on your account, or if access to your account is blocked in accordance with Bank policy;
- If your funds are subject to a legal proceeding or other encumbrance restricting the transfer;
- If your transfer authorization terminates by operation of law;
- If we have received incomplete or inaccurate information from you or a third party involving the account or transfer;
- If you have not properly followed the instructions on how to make a transfer included in this Agreement;
- If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately;
- If we have a reasonable basis for believing that an unauthorized use of your Password or account has occurred or may be occurring, or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.
E. Indemnification – You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees & agents harmless against any third party claim, demand, suit, action or other proceeding & any expenses related to an Online Banking or Bill Pay account.
F. Third Parties – We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider (such as Netscape Navigator or Microsoft Explorer), by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to, or failure to access an Online Banking or Bill Pay account.
G. Virus Protection – Guardian is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using an up-to-date anti-virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
XII. General Terms and Conditions
A. Bank Agreements – In addition to this Agreement, you and Guardian agree to be bound by and comply with the requirements of the agreements applicable to each of your online accounts. Your use of the Online Banking or Bill Pay is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures including the “Important Information About Deposit Accounts Disclosure” (or similar type disclosure) and the Fee Schedule available at any Guardian branch office upon request. Please familiarize yourself with all account terms, including any limitations on the number of transfers each month.
B. Changes and Modifications – Guardian may modify this Agreement and the terms and conditions applicable to Online Banking and Bill Pay services from time to time and at any time. Notice of any modification may be given to you on your periodic checking account statement, in the Online Banking “message of the day” or by any other means. The revised terms and conditions shall be effective at the earliest date allowed by applicable law.
C. Termination – We reserve the right to terminate this Agreement and your use of services in whole or in part at any time without prior notice.
D. Assignment – We may assign this Agreement to an affiliate of the Bank or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party’s prior written consent.
E. Notices – Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be given to you on your periodic checking account statement, in the Online Banking “message of the day” or by other means.
F. Disclosure of Information – We will only disclose information to third parties about your account or transfers you make under the following circumstances:
- Where it is necessary for the provision of Online Banking & for completing transfers;
- In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
- In order to comply with governmental or court orders, or other reporting requirements; and
- If you give us your permission.
G. Governing Law – This Agreement is governed by the laws of the State Ohio and applicable federal law.
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