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Agreement and Disclosure
This Business Online Banking Agreement (the “Agreement”) is entered into as of the submission date of the Online Application by and between Primis Bank (“Primis”, “Bank” or “we”, “us,” and “our”) and the Business or Organization submitting the Online Application (“Customer,” “you,” “your,” or “yours.”)
If the Senior Administrator is not a signer on the account, a Business Online Banking Account will not be setup for use until the Business Online Banking Agreement has been signed by an authorized signer and returned to the Bank.
The Electronic Banking Group of Fiserv has developed a certain internet-based computerized cash management system known as Business Online Banking, which provides an electronic banking information reporting interface between the Bank and its customers; and Primis has entered into a Services Agreement with Fiserv, pursuant to which Fiserv has granted the Bank the right to distribute the System to its customers. In consideration of the above premises and the mutual covenants contained in this Agreement, the parties hereby agree as follows:
Right of Use. By subscribing to the System, the Customer shall be deemed to have agreed to use it in accordance with the terms and conditions set forth in this Agreement.
Using the System. Bank shall not be responsible to Customer for any loss or damages suffered by the Customer as a result of the failure of systems and software used to interface with our systems or systems and software utilized by Customer to initiate or process banking transactions whether such transactions are initiated or processed directly with our systems or through a third party service provider. The Customer acknowledges that they are solely responsible for the adequacy of systems and software utilized to process banking transactions and the ability of such systems and software to do so accurately. To protect your information, it is strongly encouraged that you use anti-virus software and apply all necessary patches and updates to your operating system, browser programs and anti-virus definitions.
In order to use the System, the Customer must have:
Restrictions on Use. The Customer may not do any of the following: (i) make alterations to the system without prior consent of the Bank: (ii) sell, lease, or grant any rights in the System to others; (iii) make telecommunications data transmissions except as specifically provided for by the System to others; or (iv) use the System other than in accordance with its intended purpose, as provided in this Agreement.
Security. You should never provide sensitive information such as passwords or financial information unless you are confident that the requester of the information is legitimate. Use caution when clicking on links provided in an email and ensure that the site is legitimate before entering passwords or confidential information. To protect your information, it is strongly encouraged that you use anti-virus software and apply all necessary patches and updates to your operating system, browser programs and anti-virus definitions.
The Bank does not know or have access to your password and will never request this information via phone or email. The Bank will also never request sensitive account information via phone or email. If you are unsure about the validity of a request or communication, please call Primis Online Banking Support at 1-833-477-4647.
Warranties. Neither Fiserv nor BANK make any warranty, either expressed or implied as to the documentation, function, or performance of the system, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. Except as expressly stated herein, the system is provided “As Is”.
Liability. In no event will Fiserv or the Bank be responsible for special, indirect, incidental or consequential damages which the customer may incur or experience on account or entering into or relying on this agreement, even if Fiserv or the Bank has been advised of the possibility of such damages. Neither the Bank nor Fiserv shall be liable to the customer for any damages resulting from a bill payment error or any damages resulting from a failed or returned payment where Customer’s account at the Bank did not have sufficient funds.
Fees. The Customer will pay the fees established by the Bank for the use of the System. Unless the parties agree otherwise, the Bank will have the right to charge the Customer’s account(s) at the Bank for such fees and/or to include such amount in the Customer’s monthly-extended corporate account analysis (if applicable). The Bank will give the customer notice of increase in fees, which will be binding upon the Customer unless the Customer notifies the Bank of its intention to terminate this Agreement prior to the effective date of the increase.
Provisions:
Termination. Either party may terminate this Agreement by providing at least thirty days (30) notice of its intent to terminate to the other. Unless terminated sooner, this Agreement will terminate automatically if the Customer no longer maintains any deposit accounts at the Bank or if the Service Agreement between Bank and Fiserv is terminated for any reason. In addition, the Bank shall have the right to terminate this Agreement if the Customer fails to comply with any provision of this Agreement. Upon the termination of this Agreement, the Customer’s right to use the System shall automatically cease.
Notices. All notices hereunder must be in writing and delivered to the parties by facsimile, first class mail, personal delivery, or reliable overnight courier at the following addresses:
If to the Customer:
Address and/or Fax Number stated in the Online Application Submission
If to the Bank:
Customer Care Center
PO Box 2075
Ashland, VA 23005
Fax: 804-550-4951
Each party agrees to notify the other promptly upon a change in address or any other information as set forth above, whereupon the other party may rely on such new information as though it were originally set forth in this Agreement.
Miscellaneous. This Agreement shall be construed under and governed by the internal laws of the Bank’s state of incorporation without regard to conflict of law provisions. If any provision of this Agreement shall be determined to be unenforceable or invalid in any respect, such unenforceability shall not affect the remainder of this Agreement, which shall be construed as if such unenforceable provision shall not have been contained herein. This Agreement shall be binding upon and inure to the benefit of the parties hereto and the parties’ respective successors and assigns. All exhibits referred to in this Agreement are hereby incorporated herein and made a part hereof by this reference. This agreement contains the complete understanding of the parties and supersedes any and all prior written and/or oral agreements between the parties relating to the subject matter hereof.
Business customers agree to review promptly all statements, Customer Notices, and transaction information made available to them, and to report all unauthorized transactions and errors to us immediately. Business customers agree that we may process payment and transfer instructions that are submitted with correct online login information, and agree that such instructions will be deemed effective as if made by them, even if they are not transmitted or authorized by the customer.
Mobile Deposit Service – The Mobile Deposit Service (“Service”) is a separate internet-based service offered by the Bank. The Service will allow you to deposit checks using your mobile device into your designated account (“Account”) at Primis.
This document (Agreement”) defines your rights and obligations for the Service.
In addition to the checks or items listed above, the following specific items are not eligible for the Service:
Nothing in this Agreement should be construed to require Bank to accept any check or item for deposit, even if Bank has previously accepted that type of check.
Performance Standards
Security and Retention
Customer Representations and Warranties.
You warrant to the Bank that:
Ownership and License.
You may use the Service only for your company’s benefit. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service.
Changes to Fees or Other Terms. We may change this Agreement at any time by sending notice as previously described. You may choose to accept or decline the change. By continuing to use any Mobile Banking service to which a notice relates, you are deemed to accept the changes relating to that service. Changes to fees applicable to a specific account are also governed by the applicable Account Agreement(s) and any interest or fee schedules pertaining to your account.
E-Sign: Consent to Request Services and Receive Disclosures and Notices Electronically. The parties to this Agreement consent to electronic communication relating to the Services. The Bank may elect to provide you with notices, changes of terms and other important communication electronically (through e-mail or secure mail). By signing this Agreement, Customer hereby consents to give notices and to receive notices and disclosures electronically. Customer will provide an electronic address for such disclosures and notices at the time that this Agreement is executed. Communications related to Treasury Management Services may be sent to this electronic address and Customer is solely responsible for immediately updating this electronic address if it changes. All disclosures and notices by us shall be deemed given and received by you immediately upon being sent to the electronic address you have most recently updated. In order to keep notices and disclosures sent to you electronically, you must have the ability to save them to your mobile device or computer, or to print them. You may also request a paper copy of an electronic notice or disclosure at no additional charge by contacting your Treasury Services department. You may also request changes to your Services through electronic communication; however, such changes to the Services shall not be effective until the Bank communicates its agreement to change or modify Services.
Primis Alerts Terms and Conditions
Alerts. Your enrollment in Primis Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about Primis account(s). Alerts are provided within the following categories:
Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts through your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so Primis reserves the right to terminate its Alerts service at any time without prior notice to you.
Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Primis Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.
Alerts via Text Message. To stop Alerts via text message, text “STOP” to 99588 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Primis Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 1-833-477-4647. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
Limitations. Primis provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Primis’ control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Primis, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.
Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.
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