This Agreement provides information about Mercantil Personal Online Banking and sets forth the terms and conditions governing your use of Online Banking as offered by Mercantil Bank, N.A. Please read this Agreement carefully and keep a copy for your records.
Your deposit accounts are governed by the terms and conditions set forth in the Bank’s Understanding Your Deposit Account Agreement.
Your rights and responsibilities under the Electronic Funds Transfer Act are set forth in the Bank’s Electronic Funds Transfer Disclosure (the “EFT Disclosure”) . Before initializing your first Online Banking transaction, please refer to and familiarize yourself with the information contained in the EFT Disclosure.
Your initial use of Online Banking constitutes your acceptance of and agreement to be bound by all of the terms and conditions of this Agreement and acknowledges your receipt and understanding of this Agreement. It also constitutes your acknowledgement that the deposit accounts you access through Online Banking are governed, additionally, by applicable laws and regulations, by the Bank’s Schedule of Service Charges, and by all terms and conditions contained or referred to in your account-opening documents (together with this Agreement, the Bank’s Schedule of Service Charges, and the EFT disclosure, the “Governing Documents”), as each may be modified from time to time. You are responsible for paying any fees associated with Online Banking as derived in this Agreement and other Governing Documents as well as any additional fees that may be assessed by your Internet Service Provider and any telephone charges or fees incurred by accessing Online Banking.
This Agreement is intended to cover all services offered now or in the future through Mercantil Personal Online Banking. The Bank may offer additional services through Mercantil Personal Online Banking from time to time.
For the purpose of this Agreement “you” and “your” shall refer to each depositor who signs up for Mercantil Personal Online Banking. “Our” “us”, “we”, or “Bank” shall refer to Mercantil Bank, N.A. “Business day” is defined as Monday through Friday excluding Federal holidays. All references to time of day in this Agreement refer to Eastern Standard Time.
MERCANTIL PERSONAL ONLINE BANKING SERVICE
Mercantil Personal Online Banking is a consumer electronic banking service. You may access Mercantil Personal Online Banking through the Bank’s web page on the Internet using a personal computer (PC). You may use Mercantil Personal Online Banking virtually any time, day or night, 7 days a week. To utilize the Online Banking Services enter an Access ID and password and otherwise satisfy the system’s security procedures. It is important to note that it may take us up to two business days to activate the system for you after you access Mercantil Personal Online Banking.
Mercantil Personal Online Banking allows you to:
- Access deposit accounts which you own (either individually or jointly with others) and from which you have an unrestricted right to withdraw funds, view account balances, review transaction histories, and obtain current interest rates, maturity dates, and other details.
- Obtain information about the current status of most loan accounts (such as mortgages, equity lines of credit, and consumer installment loans) on which you are an obligor (either individually or jointly with others).
- Transfer funds between deposit accounts.
REQUIREMENTS FOR ONLINE BANKING
Each person who wishes to use Mercantil Personal Online Banking must register for the Online Banking services in his own name and must select an Access ID and password to access his accounts. Browser software, and at least one deposit account at Mercantil Bank, N.A., are also required.
You are responsible for the installation, maintenance, and operation of your computer and your browser software. The risk of error, failure, or non-performance is your risk and includes the risk that you do not operate your computer or your software properly and the risk of any malfunction of your computer or software.
TRANSFERS BETWEEN ACCOUNTS
You may designate eligible Mercantil Bank, N.A. personal checking, savings or money market accounts between which you can transfer funds electronically using Mercantil Personal Online Banking. You must be an owner of and have the unrestricted right of withdrawal from all accounts to or from which you request a transfer. We reserve the right to deny transfers between certain types of accounts under certain circumstances, in our discretion. Transfers are not available from credit accounts directly to deposit accounts, or vice versa. Non-personal accounts may not be accessed through Mercantil Personal Online Banking.
Upon completion of a transaction using Mercantil Personal Online Banking, a confirmation number will be given. You should record this number, along with the payee, date and transaction amount in your account register (or other permanent record), because this will help in resolving any problems that may occur. No printed receipts are issued through Mercantil Personal Online Banking.
AVAILABILITY OF TRANSFERS
When making a transfer, funds must be available for withdrawal in the account from which you want to make the transfer on the date the transfer is to take place. Transfers made through Mercantil Personal Online Banking before 6:00 p.m. will be available in the Mercantil Bank, N.A. account to which the funds are transferred for payment of items presented through collection, over the teller line or for cash withdrawal no later than the following business day. Transfers made after 6:00 p.m., or on a weekend or legal holiday, will be processed at the closing of the following business day.
When you use Mercantil Personal Online Banking, you must have sufficient funds available in the selected account (including available overdraft protection coverage, if applicable) to cover the amount of the transfers you order and any associated overdraft protection fees. We may pay transactions that exceed your available balance, but we are not obligated to do so. If we do, you agree to immediately pay the overdraft and any fees incurred. We may discontinue permitting overdrafts at any time, without prior notice. The amounts of the fees are set forth in the Bank’s Schedule of Service Charges. The Bank is under no obligation to notify you if it does not complete a transfer because there are insufficient funds in your account to process a transaction.
AUTHORIZATION TO CHARGE ACCOUNTS
You authorize us to charge your designated account(s) for any transactions accomplished through the use of Mercantil Personal Online Banking, including the amount of transfer that you make, and any charges for the service. You authorize us to transfer funds according to the instructions we receive if the instructions are received from you through Mercantil Personal Online Banking. You authorize us to initiate any reversing entry or reversing file, and to debit your accounts at Mercantil Bank or elsewhere, in order to correct any mistaken credit entry.
We strive to provide complete, accurate and timely account information through Mercantil Personal Online Banking. However, unless otherwise required by law, we will not be liable to you if any such information is unavailable, delayed or inaccurate. With respect to electronic funds transfer problems, such as unauthorized transfers or the Bank’s failure to properly complete authorized transfers, the extent of our liability is outlined in the Bank’s Electronic Funds Transfer Disclosure.
The stop payment feature of Mercantil Personal Online Banking is designed to allow you to submit an electronic request to stop payment on checks you have written. Stop payments are valid for 180 days. A charge will be assessed against your account in accordance with the Bank’s then current Schedule of Service Charges.
Mercantil Personal Online Banking will be subject to such service and maintenance charges as the Bank adopts from time to time. The charges will be deducted from your account and will be set forth on your statement of account. A Schedule of Service Charges may be obtained from the Bank.
Security is very important to the Mercantil Personal Online Banking system. At the time you request the service, you will select a unique Access ID and password to gain access to the system. Prior to activation, we will verify your identity and authorization to information associated with the accounts you requested tied to a service. Once you establish a password, the Bank is entitled to act on instructions received through Mercantil Personal Online Banking through the password without inquiring into the identity of the person using the password, and any such instructions will be effective to bind you, whether or not you actually sent them yourself or authorized someone else to do so.
Your password is confidential and should not be disclosed to third parties. You are responsible for the safekeeping of the password and should not share it with anyone not authorized to sign on your accounts. To change your password, or if you forget your password, call us at (305) 629-1200. You must notify us at once, by calling this telephone number or writing to our Operations Department at 3105 NW 107th Avenue, Miami, Florida 33172, in the event your password has been lost, stolen, other otherwise compromised.
For information about the security measures employed in connection with Mercantil Personal Online Banking, please refer to our Security Disclosure.
You agree that the security procedures described in this Agreement are commercially reasonable methods of providing security against unauthorized Online Banking transactions, in light of your circumstances. You have freely and voluntarily chosen to execute transactions in your account(s) though Mercantil Personal Online Banking, even though the Bank offers other means of executing such transactions that offer varying degrees of security. You assume all risks associated with these security procedures and all damages, costs, expenses, losses and liabilities resulting from any failures of such procedures.
Because electronic mail (e-mail) transactions may not be secure, the Bank requests that you do not send us or ask for sensitive information by e-mail. In particular, we ask that you do not e-mail us any inquiries, requests, instructions, notices, or other communications regarding your accounts, electronic funds transfers, or other matters regarding Online Banking services. The Bank will not be responsible for taking any action in response to any e-mailed communication, and no e-mailed communication will be effective against the Bank for any purpose. If you need to contact us to report an unauthorized transaction involving one of your accounts or for any other urgent reason, please call us immediately at (305) 629-1200. This will enable us to evaluate the situation and take appropriate action on a timely basis.
MODIFICATION AND TERMINATION
The Bank has the right to modify or terminate this Agreement at any time. We will comply with any notice requirements under applicable law for such changes or termination. If we terminate this Agreement, no further Online Banking transfers will be made, including but not limited to any transfers scheduled in advance or any pre-authorized recurring transfers. If we modify this Agreement, your continued use of the modification will constitute your acceptance of such modification in each instance.
LIMITATIONS ON THE BANK’S RESPONSIBILITY
The Bank agrees to make reasonable efforts to ensure full performance of Mercantil Personal Online Banking. We will be responsible for acting only on those instructions sent through Mercantil Personal Online Banking that are actually received. We cannot assume responsibility for computer malfunctions or malfunctions in communications facilities not under our control that affect the accuracy or timeliness of the messages you send. The Bank is not responsible for any losses or delays in transmission of instructions arising out of the use of any Internet service provider or caused by any browser software. Additionally, we are not responsible if you give us incorrect instructions or your instructions are not given sufficiently in advance to allow for timely processing or delays in mail service.
The Bank is not responsible for any computer virus or related problems which may be attributable to the use of the Internet. We encourage our customers to routinely scan their PC and diskettes using a reliable virus product to detect or remove any viruses.
Except as otherwise provided in this Agreement and in the absence of gross negligence on the part of the Bank: (a) we are not responsible for any direct, indirect, special, incidental or consequential damages arising in any way out of the use of Mercantil Personal Online Banking; (b) our entire liability and your exclusive remedy with respect to the use of Mercantil Personal Online Banking will be the replacement of any browser or software provided by the Bank to use for Online Banking that is found to be defective; and (c) you agree to indemnify the Bank and hold it harmless against any direct, indirect, special, incidental or consequential damages arising in any way out of the use of Mercantil Personal Online Banking.
You agree to receive the EFT Disclosure and other communications regarding Online Banking and your accounts electronically and will not attempt to circumvent receiving any communications. You are deemed to have received any electronic communications sent to you when they are made available to you. You may print a copy of such communications using the “print” function, or you may request that the Bank mail you a “hard copy” of the communications by contacting us at the address or telephone number provided in the Security Procedures section of this Agreement.
By signing up for Online Banking services, you agree that the Bank reserves the right to request a review of your credit rating through an authorized consumer-reporting agency. In addition, you agree that the Bank reserves the right to obtain financial information regarding your account from a merchant, financial institution or consumer reporting agency to resolve any payment posting problems.
Severability. In the event that any one or more of the provisions of this Agreement is for any reason held to be invalid, illegal, or unenforceable, the remaining provisions will remain valid and enforceable.
Governing Law. This Agreement is governed by the laws of the State of Florida, and where applicable, by United States federal law. Any issue relating to an account or service accessed through Mercantil Personal Online Banking will be governed by the law specified in the agreement for that account or service, if there is a separate agreement for that account or service. YOU AND THE BANK EACH IRROVACABLY WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF Mercantil Personal Online Banking.
You acknowledge receipt of a copy of this Mercantil Personal Online Banking Agreement on today’s date.