Hingham Institution for Savings Online Business Banking Agreement
This Agreement describes your rights and obligations as a user of Hingham Institution for Savings Business Online Banking Service (“Services”). It also describes the rights and obligations of Hingham Institution for Savings. Please read this Agreement carefully. By requesting and using these Services, you agree to comply with the terms and conditions of this Agreement.
Section 1. Customer Disclosure and Agreement to Receive Electronic Communications
By signing the Business Online Banking Enrollment form you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with Hingham Institution for Savings for the provisions of certain Online Banking Services, may be in electronic format, and (3) agree 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:
You will check your e-mail regularly for Notices from Hingham Institution for Savings.
You will provide accurate, correct and truthful registration information and contact information (including your e-mail address) and that you will keep this contact information up to date with Hingham Institution for Savings.
We may provide you with this Agreement and any revisions and amendments to the Agreement 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, under other applicable bank or financial services laws or regulations in connection with the Service, electronically as part of the Agreement or otherwise as a part of the Services. While you may print and retain a copy of the Agreement or any information provided to you in relation to the Services, we only provide these documents electronically.
You have the right at any time to withdraw, without service charges, your consent to receive information electronically. However, because this Agreement and information are provided only in electronic format, your withdrawal of consent will terminate all the Services.
If you wish to withdraw your consent to receive information electronically, to terminate the Service, or to update your information such as change of address, or e-mail address you may send it to us in writing at:
Hingham Institution for Savings
ATTN: Online Banking Department
55 Main Street
Hingham, MA 02043
You are able to access information that is provided in the same manner as the information and the Service via the Internet.
Section 2. Definitions
The following definitions apply in this Agreement.
“Access ID” means the login name selected by you, to be used in conjunction with your password for identification purposes in connection with the use of Business Online Banking Services.
“Account” means a business checking, savings, certificate of deposit, or business money market deposit account that you have with the Bank for commercial use. Account also includes any loans you may have with us such as installment loans, commercial mortgage loans and commercial lines of credit.
“Account Access” means your ability to view account and transaction information for Online Accounts. It also includes your ability to transfer funds between eligible Online Accounts.
“Account Agreement” means the agreements between you and us that governs the use of your Accounts, including the deposit account agreement, any funds availability agreement, electronic fund transfer agreement or disclosure, line of credit agreements and schedule of fees and charges that were provided to you at account opening or revisions that were provided to you subsequently.
“Authorized End-User” refers to an employee or affiliate who is given access to Business Online Banking by the Business Online Administrator, or another Authorized End User with Administrative authorizations.
“Banking Day” shall refer to any day on which the Bank is open to the public during any part of such day for carrying on substantially all of its banking functions. However, for the purposes of this Agreement, Saturday is not a Banking Day.
“Bill Payment Account” means the Online Account you have authorized us to debit for payments made to Payee(s) in connection with the Bill Payment Service.
“Bill Payment Service” means our service that allows you to pay funds to designated Payees based upon your Online instructions to us.
“Bill Presentment Service” means our service that allows you to pay, view and manage bills from designated Payees based upon your Online instructions to us.
“Billing Account or Designated Account” means the Online Account that you have authorized us to charge for all fees and charges associated with the Bill Payment Services or Enhanced Commercial Package..
“Electronic” means electrical, digital, magnetic, wireless, optical or electromagnetic technology, or any other technology that entails similar capabilities.
“eStatement” refers to our electronic delivery of your statement, notices and disclosures.
“Business Online Administrator” refers to a person assigned by the company to have administrative responsibilities in the Customer Platform of Business Online Banking service
“Online Services” means collectively Account Access Services, Bill Payment Services, Wire Transfer Services, ACH Services, Remote Deposit Capture Services and other services which may be added from time to time.
“Online Accounts” refers to the Accounts you can access through Online Business Banking Services.
“Password” means the confidential identification number selected by you for identification purposes in connection with the use of Business Online Banking Services.
“Time of day” references are to Eastern Standard Time or Eastern Daylight Time, as applicable.
“Transfer” means any electronic banking transaction, including a deposit, withdrawal or bill payment made electronically.
“You” and “Your” refer to the Company who requests the Online Services as well as any and all person authorized by the Business Online Administrator.
“We,” “us,” or “our” refers to Hingham Institution for Savings which offers the Online Business Banking Services and which holds the accounts accessed by the Online Banking Services.
Section 3. Access to Online Banking Services
You will be granted access to Hingham Institution for Savings Business Online Banking Services once you have completed the enrollment process and we have been able to properly authenticate your request. You may begin the enrollment process by visiting our website at www.hinghamsavings.com and selecting the “Enroll Now” option. You will be asked to return a signed copy of the Business Online Banking Enrollment Form, which will provide several key pieces of information that allow the Online Banking System to be tailored to your business. The form may be returned to us by mail, fax, secure email or dropped off at our nearest branch location.
You will be asked to identify a Business Online Banking Administrator during the enrollment process. This person should be a current authorized signer and will be the person we contact regarding the online service. This person will be responsible for, but not limited to, requesting access to accounts and or services, adding, modifying or deleting other Authorized End Users, their access to accounts and or services. In the event the appointed Online Business Administrator is not an authorized signer, and the Bank agrees to the appointment, additional authorizations will be required and must be completed by all authorized representatives within the Company. Additionally, you agree that the Bank may act on a request from any Authorized Signer in regards to adding, deleting, or modifying accounts, services or other Authorized End Users access, even though they may not be the appointed Business Online Banking Administrator.
You agree that by completing the enrollment process and accessing the service that you accept a non-exclusive, non-transferable right to access and use each of the Online Services provided through your access to Business Online Banking. You agree to use the Online Service for your own internal business use in accordance with the terms of this agreement. Without limiting the generality of the foregoing, you agree not to make Online Services available or allow use of the online service in a computer bureau service business, timesharing, or otherwise disclose or allow use of the service by or for the benefit of any third party.
You may, at any time, or from time to time, request additional Services by executing an updated Business Online Enrollment Form and delivering it to Hingham Institution for Savings. Changes or additions to services requested on the Business Online Enrollment Form will be subject to Hingham Institution for Savings approval. You agree that the service may be modified from time to time to upgrade or improve functionality. Hingham Institution for Savings will provide you with prior notice of any such modifications or enhancements.
As a Business Online Banking Administrator, you will have access to all accounts associated with the enrolled entities. New accounts opened after the activation of service will not be available unless requested by the Business Online Banking Administrator. You may request Hingham Institution for Savings to include accounts of affiliated companies for access through the service (i.e. companies in which you or its parent have direct or indirect majority ownership). You represent and warrant that you are authorized to give such instruction to have such accounts included. You shall provide appropriate authorizations from such Companies to Hingham Institution for Savings permitting their account(s) to be so included.
You will be notified via email when your Business Online Banking Account has been established. You will receive an initial email that will contain the Access ID selected during enrollment and another email with your Temporary Password. You will receive both emails by the end of the business day on which we establish your online account. During the activation process you will be required to change your Password and select additional authenticating information that may be used by us to authenticate your online banking session. You will gain access to your Online Banking Services through the use of your Internet-enabled device, your Internet Service Provider, your Access ID and user Password.
The Business Online Banking Administrator may elect to have additional Authorized End Users established for access to the Online Service. The Business Online Banking Administrator is responsible for ensuring that access to account(s) and service(s) are appropriately established, changed and/or deleted. Hingham Institution for Savings will not be liable in any way for any losses costs, expenses, fees, claims, or damages, when acting in good faith on instructions received from an Authorized End User Requests for changes to an Authorized End Users access should be made directly to Hingham Savings. Each Authorized End User will receive an initial email, to the email address provided at enrollment, that will contain their selected Access ID and another email with their Temporary Password. During the activation process each User will be required to change their Password and select additional authenticating information that may be used by us to authenticate their online banking session
Equipment and Software Requirements
You are solely responsible for purchasing, obtaining, installing, operating any and all necessary equipment or software, including anti-virus software needed to access Online Services through Hingham Institution for Savings and shall be responsible for maintaining such equipment or software in operating condition, including any mandatory maintenance service programs prescribed by us. We are not responsible for any errors or failures from any malfunction of your computer or any virus or other problems related to the use of the Online Banking Services.
We are not responsible for any error, damages or other loss you may suffer due to malfunction or misapplication of any system you use, including your browser (Microsoft Explorer, Safari or otherwise), your Internet Service Provider, your software or any equipment you may use (including your telecommunications facilities, computer hardware and Internet connection) to access Online Services or communicate with the Bank.
Section 4. Use of Your Security Password
Authorized Use of Services by Other Persons
You and/or your Employees are responsible for keeping Passwords and account data confidential. We are entitled to act on transaction instructions received using a valid Access ID and Password. You agree that the use of a valid Access ID and Password established for the Company will have the same effect as an authorized signer’s signature authorizing the transaction. If you authorize other persons to use the Business Online Banking service by establishing them as an Authorized End-User or if you authorize other persons to use your Access ID and Password in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization and have deleted the Authorized End-User or have changed your Password. You are responsible for any transactions made by such persons until you notify us that transfers by that person are no longer authorized and we have a reasonable opportunity to act upon the change of your Password.
Users will be required to change their passwords every one hundred-eighty days (180). The User will be prompted to change their password once the one hundred-eightieth day time limit has been met.
Section 5. If Your Password has Been Stolen or Forgotten
If your password has been stolen, or if you believe there have been unauthorized transactions on an account, contact the Online Banking Department immediately at 1-781-783-1796, 8:30 A.M. – 5:00 P.M. (EST) Monday through Friday or 8:30 – 1:00 on Saturday. Telephoning us is the best way of minimizing your losses.
If your Password has been stolen, you may be held responsible for all transactions posted against your account.
If you have forgotten your Password, you may have your password reset by accessing the Forgotten Password link on our website or by notify the Bank by phone, e-mail, or U.S. Mail. You will then be given instructions to reset the password by an Business Online Banking Representative. If an Authorized End-User has forgotten his/her End-User Password, they may reset their password by using the Forgotten Password link or by notify the Bank for assistance in having their password reset.
Section 6. Banking Transactions with Online Account Access
In addition to viewing account information, you may use Online Account Access to transfer funds among your deposit accounts or equity line of credit accounts as well as initiate loan payments to your Hingham Institution for Savings loan accounts. NOTE: Because regulations require us to limit pre-authorized transfers (including Online Banking transfers), the following limitations apply:
1. STATEMENT SAVINGS ACCOUNT. You can make no more than six (6) transfers per statement period by pre-authorized or automatic transfer or by telephone or Online Account Access.
2. MONEY MARKET SAVINGS ACCOUNT. You can make no more than six (6) transfers per statement period by pre-authorized or automatic transfer or by telephone or Online Account Access.
Transfers to or from passbook accounts and certificates of deposit are not allowed.
New services may be introduced for Online Account Access from time-to-time. We will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules, which will be made available to you concerning these services.
You may transfer funds through the Online Banking Services in any amount, unless specified by agreement for a specific account type. We deduct the amount of your fund transfer from your Account on the Banking Day you instruct us to process it. We may refuse to act on your fund transfer instruction if sufficient funds, including funds available under any overdraft plan, are not available in your account on the date you want us to transfer funds.
Section 7. Stop Payments Placed Through Online Banking Services
You may only place a stop payment on a check you have written from an account accessed through the Online Banking Service. If you need to place a stop payment on an electronic ACH debit, you will need to contact the Bank during normal banking hours. Prior to placing your stop payment, please check your account history to verify that the check has not already cleared your account. Hingham Institution for Savings will not be responsible for stopping this check if the Stop Payment information is not accurate. The Stop Payment will be in effect immediately upon confirmation if placed during normal business hours. If the Stop Payment is placed after normal business hours, the Stop Payment will be in effect at the start of business on the following Business Day. Your online request to place a stop payment will be your electronic signature authorization to complete the Stop Payment Order.
The STOP PAYMENT ORDER shall be in effect for 6 months from the date of the order unless renewed or cancelled by you in writing. If not renewed at that time, the stop payment order will automatically be cancelled.
Please refer to our current fee schedule for fee amount for the Stop Payment Request.
Section 8. Special Rules for New Accounts
If you are a new customer, the following special rules will apply during the first 30 days your account is open.
Funds from deposits of cashier’s, certified, teller’s, traveler’s, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000 will be available on the fifth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit.
Funds from all other check deposits will be available on the fifth business day after the day of your deposit.
Section 9. Additional Services
Bill Payment and Presentment Service
The Bill Payment and Presentment Service permits you to use your Internet-enabled device to direct payments from your designated Bill Payment Account to third parties you wish to pay as well as view and manage your bills from designated payees. Your designated Bill Pay Account must be a Checking or Money Market account. Money Market Accounts by regulation have transaction limitations; you can make no more than six (6) transfers per statement period by preauthorized or automatic transfer or by telephone or Online Account Access draft or Bill Pay transaction. Through the Bill Payment and Presentment Service, you can pay bills from your designated Bill Pay Account(s) to businesses or individuals. Enrollment in the Bill Payment and Presentment Service will be granted if this service was selected on the Business Online Application at the time on enrollment or when requested as part of an amended or modified application. You agree that you are responsible for ensuring that access to Bill Payment and Presentment services are appropriately established, changed and/or deleted for you and any additional Authorized End Users. Hingham Institution for Savings will not be liable in any way for any losses costs, expenses, fees, claims, or damages, when acting in good faith on payment instructions received from an Authorized End through the Bill Payment and Presentment Service.
All payments you make will be deducted from the account that you designate as the appropriate account for each payment. Any payments you wish to make through this service must be payable in U.S. dollars to a payee located in the United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time-to-time.
Wire Transfer Service
The Wire Transfer Service allows you to wire funds from your designated account to another account at another institution within the United States. All wire transfers will be deducted from your designated account based on the information we receive from you.
We are only responsible for exercising ordinary care in processing your transactions upon your authorization in accordance with this Agreement. We will not be liable in any way for damages you incur if you do not have sufficient funds in your account on the processing date.
Before any wire transfers can be processed, you will need to complete the Wire Transfer Service Agreement. If you request access to the Wire Transfer Service at enrollment, a Wire Transfer Service Agreement will be provided to you for completion. Additional charges may apply, see Deposit and Fee Schedule.
ACH is the Automated Clearing House Network, a nationwide electronic payment system that replaces paper payments with electronic transactions. ACH payments offer a wide range of transactions such as Direct Deposit or pre-authorized transfers with your clients.
Additional ACH Agreement Forms must be completed before the ACH feature may be used.
We are only responsible for exercising ordinary care in processing your transactions upon your authorization in accordance with this Agreement and the ACH Agreement. We are not liable in any way for damages you incur due to processing errors made by you or on your behalf when received using your Access ID and Password.
Remote Deposit Capture
Remote Deposit Capture service allows users to deposit checks from your office or home location. Additional Remote Deposit Capture Agreement forms must be completed before the remote Deposit Capture feature may be used.
Section 10. Electronic Mail
We will not immediately receive electronic mail (e-mail) that you send to us. You should not rely on e-mail if you need to communicate with us immediately, i.e.; if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.
If you send us an electronic mail message, we will be deemed to have received it on the next Banking Day. E-mails will be answered within a reasonable time frame.
You agree that we may respond to you by e-mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such e-mail sent to you by us shall be considered received within three (3) days of the date sent by us, regardless of whether or not you sign on to the Service within that time frame.
Section 11. Alerts/Messages
Online Banking alerts allow you to set up automated alert events based on your own criteria. E-mail alerts will be sent to the e-mail address you provide when creating the alert. You acknowledge:
1. We may add or remove types of alerts from time to time.
2. If you change your e-mail address you are responsible for notifying the Bank of the change so that future alerts are directed to the appropriate address.
3. You agree that alerts may be delayed or prevented for a variety of reasons.
4. We do not guarantee the delivery or validity of the contents of any alert.
5. You agree that we shall not be liable for any delays, delivery failure or misdirected delivery of any alert.
6. You agree that we shall not be liable for actions taken or not taken by you or anyone else in reliance of an alert.
7. We will never include your password or full account number in an e-mail alert, however, you understand that alerts may include your name, company name and some information about your accounts.
8. Unfulfilled events (events that do not happen) will only remain on the system for 999 days. You will not be notified when they are removed.
9. Distributed events (events that have happened and have been viewed) will remain on the system for 30 days.
Section 12. Statements
You have the option to enroll in eStatements, allowing you to receive monthly or quarterly statements electronically as well as disclosures and notices that we may provide from time to time. You agree that we will provide access to eStatements based on the permissions provided on the Business Online Enrollment Form. When access to eStatements is requested for Additional Users, you agree that the User has the authority to activate eStatements and that the activation of eStatements by any one User will determine the delivery method of all future statements, notices and disclosures for the account(s) selected. eStatements may be activated through Business Online by accepting the Terms and Conditions and entering the appropriate authentication code. You may cancel eStatements at any time by contacting us 781-749-2200, emailing us at firstname.lastname@example.org or writing us at Hingham Institution for Savings, ATTN: Online Banking at 55 Main St., Hingham MA 02043. Please note: it may take a full statement cycle to complete your request to unenroll.
If not enrolled in eStatements, you will continue to receive your monthly or quarterly account statement, depending on the type of account via US Mail.
Section 13. Other Agreements
In addition to this Agreement, you and we 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 Services is your acknowledgment that you have received these agreements and intend to be bound by them.
You assume exclusive responsibility for the consequences of any instructions given to Hingham Institution for Savings, for your failure to access Online Services properly in the manner prescribed by Hingham Institution for Savings, and for your failure to supply accurate input information, including, without limitation, any information contained in an application.
You shall review other disclosures received by you when you open your accounts with us including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement
We will automatically deduct the fees related to this Service from the account designated on the enrollment form for such fees, each month.
Section 14. Hours of Operation
Online Banking Services are generally accessible 24 hours a day, seven days a week, except that Services may be inaccessible for a reasonable period for system maintenance or system upgrades. We are not liable under this Agreement for failure to provide access due to a system failure or due to other unforeseen acts.
We may modify, suspend or terminate access to the Online Banking Services at any time and for any reason without notice or refund of fees you have paid.
For purposes of transactions, our Banking Days are Monday through Friday, excluding Federal holidays.
Our Business Hours are Monday through Friday, excluding Federal holidays, from 8:30AM (EST) to 5:00PM (EST). All transactions which are requested after our business hours, on Saturdays, Sundays or holidays on which we choose to remain closed, may not be processed until the next business day.
Section 15. Modifications to this Agreement
We may modify the terms and conditions applicable to our Services from time-to-time upon mailing or delivering a notice of the modifications to you at the mailing address or e-mail address shown on our account records and the revised terms and conditions shall be effective at the earliest date allowed by applicable law.
We reserve the right to terminate this Agreement and our use of the Services in whole or in part at any time without prior notice.
Section 16. Our Liability for Failure to Make a Transfer
Except as provided for in Section 5, if we do not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for the amount of any losses incurred by you and resulting directly from such failure. We will not be liable in the following instances:
1. If through no fault of our own, you do not have enough money in your account to make the transfer;
2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer, despite reasonable precautions that we have taken;
3. If there is a hold on your account or if access to your account is blocked, in accordance with banking policy;
4. If your funds are subject to legal process or other encumbrance restricting the transfer;
5. If your transfer authorization terminates by operation of law;
6. If you believe someone has accessed your accounts without your permission and you fail to notify us immediately;
7. If you have not properly followed the scheduling instructions on how to make a transfer included in this Agreement;
8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer;
9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer and we will not be liable for any incidental or consequential damages.
If any of the above circumstances occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
Section 17. Limitation of Liability
Disclaimer of Liability
You are responsible for the correct set-up and installation of software required to access the Internet. Neither the Bank nor any of the Bank’s service providers are liable for damages (whether direct, indirect, special, consequential or otherwise), including economic, property, personal or other loss or injury, whether caused by hardware or software or system-wide failure, arising or resulting from the installation, use or maintenance of the equipment, software or other items necessary to operate Online Banking Services.
Disclaimer of Warranties
1. Warranties of Fitness and Merchantability
2. NEITHER THE BANK, ANY SOFTWARE SUPPLIER NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OF FITNESS FOR PARTICULAR PURPOSE UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED LAW.
3. Computer-related Warranties
4. Neither the Bank nor any software supplier, nor information provider is liable for any computer virus or software-related problems which may be attributable to the services provided in connection with the Online Banking Services.
Section 18. Disclosure of Information to Third Parties
We will disclose information to third parties about your account or the transfers you make:
1. Where it is necessary for completing transfers;
2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
3. In order to comply with government or court orders or other reporting requirements;
4. If you give us your written permission;
5. To our affiliated companies.
Information concerning your account history with us will be shared within our organization. Other information, including information you have given us as part of an application for one of our products or services, or information we have received from a credit bureau or other third party, also may be shared among affiliated companies within our organization.
Section 19. Inactivity and Termination
You are responsible for complying with all the terms of this Agreement and with the terms of the Account Agreements governing the deposit accounts which you access using electronic Online Banking Services. We can terminate your electronic banking privileges (including the Bill Payment service) under this Agreement without notice to you if you do not pay any fee required by this Agreement when due, or if 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 the services for any other reason.
We may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive one-hundred-fifty (150) day period. If your account remains inactive for a consecutive one-hundred-eighty (180) day period, your online access will be terminated.
To cancel the Online Account Services and/or Bill Payment Service, you must notify us and provide your name; address; whether you are discontinuing Online Account Access, Online Bill Payment or both; and the effective date to stop the service. When Bill Payment is terminated, you must delete prescheduled bill payments made through Online Account Access. Your final charge for the Bill Payment Service will be assessed at the end of your statement cycle. You may notify us by one of the following methods:
1. By sending an e-mail to: email@example.com
2. By calling 781-783-17968:30 AM – 5:00 PM (EST), on a Banking Day
3. By writing a letter and either giving it to a Customer Service Representative at any branch location or sending it to the following address:
Hingham Institution for Savings
Online Banking Department
55 Main Street
Hingham, MA 02043.
Section 20. Fee Schedule
We offer the benefits and convenience of the Basic Online Banking Service Package free of charge. This service package includes account balances, history information, account transfers, stop payments, Bill Payment and wire transfer. The Enhanced Business Online Banking Service Package offers additional services such as, Remote Deposit Capture and Automated Clearing House (ACH) transactions, for a fee of $9.95 per month. The fee will be deducted automatically from the account you specify. The accounts accessed through Online Account Access will continue to be subject to normal fees identified in the Fee Schedule available for each account.
Section 21. Governing Law, Litigation and Arbitration
This Agreement has been delivered to us and accepted by us in the Commonwealth of Massachusetts. Subject to the provision of the next paragraph, any action or suit brought in connection with this Agreement or the transactions contemplated herein may be brought in a court of record in Plymouth or Norfolk County, Massachusetts, the parties hereto irrevocably submitting and consenting to the non-exclusive jurisdiction of each thereof, and each party irrevocably waives, to the fullest extent it may effectively do so under applicable law, any objection it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that the same has been brought in an inconvenient forum. IN THE EVENT OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREIN, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE, YOU AND WE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ALL RIGHTS TO A TRIAL BY JURY AND AGREE THAT YOU OR WE MAY FILE A COPY OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE FOREGOING WAIVER.
Notwithstanding the foregoing, you and we agree that all disputes, claims and controversies between you and us, whether individual, joint or class in nature and arising from this Agreement or otherwise, including without limitation, disputes sounding in contract or tort, shall be resolved in arbitration proceedings in Boston, Massachusetts, in accordance with the rules of the American Arbitration Association governing commercial arbitration. Such arbitration shall be commenced upon the written request of either party forwarded to the other in accordance with the notice provisions applicable to this Agreement and shall be conducted before a panel of three (3) arbitrators, one chosen by you, one chosen by us and one appointed by said Association. No act shall constitute a waiver of this arbitration agreement, including, without limitation, obtaining injunctive relief or a temporary restraining order; obtaining a writ of attachment or imposition of receiver, or exercising any rights related to property, including taking or disposing of such property with or without judicial process pursuant to the Uniform Commercial Code. Any disputes, claims or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, shall also be arbitrated, provided however that no arbitrator shall have the right or the power, including the enforceability of this arbitration provision and any claim to rescind, reform or modify this Agreement, to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction under the above paragraph of this section. Nothing in this Agreement shall preclude us from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, laches and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding and the commencement of an arbitration proceeding shall be deemed to be the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation and enforcement of this arbitration provision