This Agreement describes your rights and obligations as a user of the Online Banking Service (Winter Hill Bank’s CustomServeeBanking Service) or the Bill Payment Service (Winter Hill Bank’s CustomServeePay Banking Service ("Service" or "Services"). It also describes the rights and obligations of Winter Hill Bank (“the Bank”). Please read this Agreement carefully. As an authorized account holder you must abide by the terms and conditions of this agreement, and those provided to you at account opening, in order to use this Service.
1. CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By selecting the "I Accept" button below, you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with the Bank for the provision of certain Online Banking Services, may be in electronic form, and (3) agreeing that certain information that may be delivered in connection with the Services may also be in electronic form.
You are also acknowledging receipt of the following information and agree that:
We may provide you with this Agreement and any revisions and amendments thereto in electronic form, and that, if you choose to accept the Agreement, you are consenting to enter into and are entering into an agreement electronically that will govern all future transactions you conduct using the Service.
We may provide you revisions and amendments to the Agreement and such other information, including, but not limited to, information under Regulation E and under other applicable banking or financial services laws or regulations in connection with the Service, electronically as a part of the Agreement or otherwise as a part of the Service. While you may print and retain a copy of the Agreement or any information provided to you in relation to the Service, we may provide these documents electronically or by mail.
You have a right at any time to withdraw, without service charges, your consent to receive information electronically. However, your withdrawal of consent will terminate all the Services.
If you wish to withdraw consent to receive information electronically, to terminate the Services, or to update your information such as a change of address, or email address, you may call the Bank at 1-800-444-4300, or write a letter and send it to:
Winter Hill Bank
Attn: IB Support
371 Summer Street
Somerville, Mass. 02144
You are able to access information that is provided in the same manner as the information and the Services via the Internet.
The following definitions apply in this Agreement.
"Bill Pay (ePay) Account" is the transaction account from which you are initiating a Bill Payment.
"Bill Payment" (ePay) is the Internet-based service providing payments to Winter Hill Bank or to third parties from your designated Winter Hill Bank account(s).
"Business Day" refers to Monday through Saturday, excluding holidays as determined by the Bank. All Online transaction requests received after
“Customer” means either an account holder or authorized business signer of a Winter Hill Bank deposit account.
"Online Account" is a Winter Hill Bank account from which you will be conducting transactions using a Service.
"Online Banking" is the Internet-based service providing access to your account(s) under the terms set forth in this Online Banking Terms and Conditions Agreement.
"Password" is a series of numbers and/or letters that you select and establishes your connection to the Service.
"Time of day" references are to Eastern Standard Time.
"We," "us" "our" or "the Bank" refer to Winter Hill Bank, which offers the Services provided under this Agreement and holds the accounts accessed by the Services.
“You or “Your” refer to each person that requests or is authorized to receive or use the Service.
3. ACCESS TO SERVICES
The Bank will provide online instructions describing how to use the Online Banking Service or Bill Payment Service. To gain access to this Service you will need your Access ID and your Password.
4. JOINT ACCOUNTS
Accounts for Consumers:
If your account is a joint account, a request for Online Banking Services from one account holder will be deemed a request from all account holders and each of you agrees that any account holder has the authority to use the Online Banking and Bill Payment Service. All account holders agree to be jointly and severally liable under the terms of the Online Banking Agreements and all other agreements that govern your account.
Accounts for Businesses and Other Entities:
If the customer is a corporation, unincorporated association, partnership, limited liability company, business trust, sole proprietorship or other non-consumer entity, whether or not organized or operated for profit, each person signing a Winter Hill Bank signature card or signature form or other account documents shall be deemed to represent and agree that (1) such person(s) is fully authorized to execute all documents in the capacity or capacities stated in the documents, (2) such person(s) has furnished all documents necessary to evidence such authority; and (3) such person(s) will furnish any other documents reasonably required by Winter Hill Bank in such form as the Bank may request from time to time. Winter Hill Bank shall not be required to recognize any resolution affecting the account that is not on a form provided by the Bank. Any changes in the authorized signers will not be effective against Winter Hill Bank until said changes are confirmed and electronically entered to the Bank’s data base. If Winter Hill Bank is unable to confirm the changes we may, at our discretion, decide not to recognize the changes.
5. HOURS OF OPERATION
The Services are generally available 24 hours-a-day, 7 days a week, except during special maintenance and upgrade periods, which routinely are scheduled between
6. USE OF YOUR SECURITY PASSWORD
The safety of our customers' accounts and account information is of paramount importance to the Bank. We go through great lengths to protect confidentiality and the security of your account, and urge you to do the same. You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions initiated through the Services with your Winter Hill Bank User-ID, up to the limits allowed by applicable law. While the Bank continues to provide our customers with the level of online security we believe necessary and appropriate, customers who share their User-IDs and Passwords are giving up the full benefit of our security measures and legal protections to which they may be entitled. If you give your Password to any other person, you will be deemed to have authorized that person to access any of your accounts listed in the Online Banking Service. The Bank will not be liable to the Customer for any loss, damage or expense arising from access to an account by an authorized user and the Customer hereby agrees to indemnify and keep the Bank harmless against all actions, claims or demands arising from actions of an authorized user. No Winter Hill Bank representative will ever call, email or write and ask for your Access ID or User Password.
7. IF YOUR PASSWORD HAS BEEN LOST OR STOLEN
If your Password has been lost or stolen, call the Bank immediately at 1-800-444-4300, between hours of