Digital Banking Enrollment

Banca di Capital Offshore Financial Services
Online Banking Terms and Conditions

These terms and conditions (“Agreement”) cover your use of Banca di Capital Offshore Financial Services’s (“Banca di Capital”) online and mobile banking services (“Service”). Please review this Agreement carefully to understand the features of the Service and to learn about important limitations and consumer rights that apply to your use of the Service.

For purposes of this Agreement, each reference to “Banca di Capital”, “we”, “us”, or “our” refers to Banca di Capital Offshore Financial Services. Please note that your use of the Service may also be affected by a deposit or other agreement between you and Banca di Capital. You should review those other agreements for any applicable fees, limitations on transactions, liability for transfer and other restrictions that may impact your use of the Service with your accounts.

A. FEATURES OF THE SERVICE

1. Online Banking 

After enrolling for the Service, you may access your Bancorpaccount(s) online and:

i. Transfer funds between your deposit accounts, including your checking, savings, and money market accounts;

ii. Transfer funds from your deposit account to a Bancorploan account;

iii. Use Bill Pay to pay bills or to send money to third-parties;

iv. View your account statements and transaction history; and

v. Manage your accounts and set up account alerts.

2. Bill Payment

i. Description. You may use the Bill Payment feature to pay bills and to receive bills from a variety of merchants and vendors. All payees must be located in the BancorpStates. 

ii. Processing. Bill Payments entered before 6:00p.m. EST are considered received on that business day. Bill Payments are electronically delivered to payees within four business days, although sometimes the payments will be delivered faster. Reference the estimated date of delivery when setting up your payments. Some payees are not set up to accept bill payments electronically, and so Bancorpwill send a check to the Payee within four business days.

iii. Methods of Payment. The Bill Payment service provider (“Service”) reserves the right to select the method in which to remit funds including, but not be limited to: (1) an electronic payment; (2) a personal check drawn on your designated payment account ("paper draft"); or (3) a corporate check drawn on our account. Funds will be deducted from your designated account on the scheduled payment date for electronic payments or payments made by corporate check. Funds remitted to the Payee by paper draft will be deducted from your account when the draft is presented to Bancorpfor payment.

iv. Scheduling Your Payments. When scheduling payments you must select a payment date that is no later than the actual due date for the bill you are paying, unless the due date falls on a non-Business Day. If the actual due date falls on a non-Business Day, you must select a payment date that is at least one (1) Business Day before the actual due date. If you do not comply with the timeframe specified for processing your Bill Payment request, you agree to assume full responsibility for all late fees, finance charges, or other actions taken by payee. In the case of repeating payments, if the scheduled payment date falls on a weekend, the actual date that the Payee is scheduled to receive the payment will fall on the previous Friday.

v. Expedited Payments. In certain instances an optional expedited payment option is available with participating Payees that allows you to have your payment initiated and processed quicker, for an additional fee. The expedited payment option may not always be available, and if you use the expedited payment option, it will begin processing immediately and you will be unable to change or cancel the payment. You will incur a fee when using the expedited payment option, as indicated on the scheduled payment screen. The amount of the scheduled payment and the fee will post as separate transactions to your account.

vi. Payment Authorization and Remittance. By providing the Service with names and account information of payees to whom you wish to direct payments, you authorize the Service to pay bills according to the instructions you provide. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with payee requirements.

When the Service receives an instruction from you to pay a bill to a certain payee, you authorize the Service to debit the account you have designated and remit funds on your behalf so that the funds arrive as close as reasonably possible to the payment date you have selected. You also authorize the Service to credit the account you have designated for payments returned to the Service by the BancorpStates Postal Service or payee, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

1. If, through no fault of the Service, the account you designated does not contain sufficient funds to complete the transaction;

2.The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;

3.You have not provided the Service with the correct payment account information, or the correct name, address, phone number, or account information for the payee; and/or,

4.Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from the designated account or causes funds from the designated account to be directed to a payee which does not comply with your payment instructions, the Service shall be responsible for returning the improperly transferred funds to the designated account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges. 

vii. Payment Cancellation and Stop Payment Requests. When you schedule payments, the Service will provide you with information regarding whether and how you can cancel or edit the payment. There is no charge for canceling or editing a scheduled payment. However, once the Service has begun processing a payment it cannot be cancelled or edited. Instead, a stop payment request must be submitted. The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact us during business hours. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to stop the payment. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule for the designated account.

viii.  Tax Payments and Court-Ordered Payments. Tax payments and court ordered payments should not be scheduled through the Service. If you do schedule such payments through the Service, you do so at your own risk. In no event shall the Service be liable for any claims or damages resulting from making these types of payments through the Service.

3.           Bill Delivery And Presentment

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your payees directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

i. Information Provided To The Biller. The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic biller. Any changes will need to be made by contacting the biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Service may, at the request of the biller, provide to the biller your e-mail address, service address, or other data specifically requested by the biller at the time of activating the electronic bill for that biller, for purposes of the biller informing you about Service and/or bill information.

ii. Activation. Upon activation of the electronic bill feature the Service may notify the biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from biller to biller and may take up to sixty (60) days, depending on the billing cycle of each biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic biller reserves the right to accept or deny your request to receive electronic bills.

iii. Authorization To Obtain Bill Data. Your activation of the electronic bill feature for a biller shall be deemed by us to be your authorization for us to obtain bill data from the biller on your behalf. For some billers, you will be asked to provide us with your user name and password for that biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

iv.  Notification and Non-delivery. - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from biller to biller. You are responsible for ensuring timely payment of all bills. You agree to hold the Service harmless should the biller fail to deliver your statement(s).

v.  Cancellation of electronic bill notification. We reserve the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time, but note that it may take up to sixty (60) days to take effect. It is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

3. Account Transfers

i.  Bank transfers. You may use the Service to initiate transfers from a checking, savings or money market deposit account to any other authorized deposit account at Banca di Capital. These types of transactions are referred to in this Agreement as "bank transfers.” If you authorize a bank transfer of available funds on or before 6:00pm EST on a business day, the bank transfer will be posted the same business day. If you authorize a bank transfer after 6:00pm EST on a business day, the bank transfer will be posted the next business day. Transferred funds will be available for withdrawal on the business day the bank transfer is posted.

ii.  External Transfers. You may transfer funds from your Bancorpdeposit accounts to a deposit account you own at another bank, for a fee. These transfers may be scheduled immediately (for the next business day) or in the future (up to one year in advance), but the funds will typically not be credited to your account at the other bank for up to three business days.

iii.  Important Information About Transfers from Savings Accounts. If you are transferring funds from a savings account or money market accounts, please remember that there may be no more than six transfers of funds from your money market account per month and no more than six transfers of funds from your savings account per quarter. If you conduct more than six transfers, we will charge a fee for each transfer and if you conduct more than six transfers regularly, we may convert your account into a checking account. Check your Deposit Agreement for more information.

v.  Processing of Transfer Requests. Transfers can be made on a one-time or recurring basis. One-time transfers may be immediate or scheduled for a future date. The recurring transfer feature may be used when a set amount is transferred at regular intervals. For example, a $200 transfer from a checking to a money market account that occurs monthly. 

vi.  Transfer Authorization and Sufficient Available Funds. You authorize Bancorpto withdraw, debit or charge the necessary funds from your designated account in order to complete all of your designated transfers and payments. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your accounts at the time of the withdrawal. The completion of a transfer or payment is subject to the availability of sufficient funds at the time the transaction is posted. If enough funds to complete the transfer or payment are not available, we may either (i) complete the transaction and overdraw the account or (ii) refuse to complete the transaction. In either case, we may charge a non-sufficient funds (NSF), returned item, overdraft, or similar fee. If you schedule a payment from an account maintained at another financial institution and there are insufficient funds in that account, you may be charged a fee by that financial institution. We are under no obligation to inform you if a payment or transfer is not completed because there are non-sufficient funds in your account to process the transaction. In this case, you are responsible for making alternate arrangements or rescheduling the payment or transfer within the Service.

4. Secure Message Service, Chat and Customer Service

Bancorphas provided you with access to the Bancorpsecure message service. You may use the Service to correspond with us securely. If you have a question regarding your accounts that you would like to pose to us electronically, we strongly recommend that you use the Message Center instead of e-mail. E-mail is not secure and any sensitive information could be more easily accessed via normal e-mail exchanges. When we send you a message through the secure message service, you will need to login to the Service to view our reply. You may receive an e-mail alert whenever there is a new message reply from us within the Service.

In addition, you may contact us at any time via secure chat (subject to availability) to discuss questions or concerns that you have about the Service. Please note that these chat sessions may be saved by Bancorpfor future reference. As part of the chat functionality, and only with your express approval, which you can revoke at any time, you can give the Bancorpagent permission to see your computer screens remotely and help you resolve any problems you may be experiencing with the Service. You should not enter sensitive personal information, such as your account numbers or social security number, during an online chat session. 

If you need to contact us immediately to stop payment, to report the unauthorized use of your Access ID and Password, to report unauthorized access to an account, or for any other reason, you should contact us. 

5. Using the Service on Your Mobile Device 

Once you have enrolled in the Service through our website, you can then manage your accounts with your mobile device as described below. Your wireless carrier may assess you fees for data or text messaging services. These fees are your sole responsibility; therefore you should consult your wireless plan or provider for details related to any fees you might incur.

ii.  Accessing the Service Through Mobile Browser. You can access the Service through your mobile device’s web browser. This allows you to engage in the following with your mobile device:

a.         Check account balances;

b.                 Review transaction history of certain of your accounts;

c.         Transfer funds among your deposit accounts or between deposit accounts and eligible loan accounts or lines of credit; and

d.                 Locate BancorpATMs or branches.

*Please note that accessing the Service through your mobile browser has limited functionality.

iii.  Text Banking. Text Banking allows you to text us from the phone number you registered with us to get the following information about your accounts:

a.         Check balances of deposit accounts;

b.                 Review the last 5 transactions in your deposit accounts;

c.         A full list of options for Text Banking is provided below:

Message & Data rates may apply. You can opt-out of text banking at any time by sending a text that says "STOP" to this number: 48224. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

Please note that canceling your enrollment in Text Banking does not otherwise cancel your consent to receive text messages related to other services (for example, text messages used for authentication purposes or for receiving alerts). To withdraw your consent from receiving all text messages, please contact us. Withdrawing your consent to receive text messages, generally, may impair your ability to use certain features of the Service.

6.  Mobile Check Deposit.  Mobile Check Deposit allows you to deposit certain checks to your savings, checking or money market accounts with Banca di Capital’s mobile banking application using certain mobile devices. The mobile device used must be capable of capturing electronic images of the front and back of checks and transmitting the images to us. All requirements and obligations in your deposit agreement relating to checks are applicable to your use of Mobile Check Deposit. Mobile Check Deposit is a convenience we provide to customers. We reserve the right to limit or discontinue your use of Mobile Check Deposit feature for any or no reason.

Fees associated with our Mobile Deposit service are outlined in our Miscellaneous Fees Schedule. Fees may be changed, at our discretion, upon at least 30 days prior notice to you, to the extent required by applicable law. Continued use of the service after the fee becomes effective constitutes your agreement to pay the fee.

i.  Eligible Checks and Check Requirements. Checks must be drawn on BancorpStates financial institutions. The following are examples of ineligible checks: IRS checks, savings bonds, foreign checks, insurance checks, and third-party checks that are payable to anyone other than the account owner. You must endorse each check before depositing the check using Mobile Check Deposit. All signatures and information on the check must be true, authentic, and authorized. If the check was previously refused or rejected and is to be presented for deposit or payment subsequently, then the face of the check must be marked with the date the electronic image was refused or rejected. You agree that you will not attempt to make duplicative deposits using the same check. 

ii.  Check Images. All check images must be legible and accurately depict all features and fields on the front and back of the check. We have the right to adjust the amount of any deposit based on our review of the image. We will not be liable for any problem resulting from a check’s poor image quality or for any inaccurate information you supply regarding the check. You authorize us to process any check image you transmit to us and you allow us, at our sole discretion, to convert check images and process check images through traditional check processing methods. You agree to be subject to any agreements relating to check processing to which we are a party.       

iii.  Safeguarding Used Checks. After transmitting the deposited item, and upon your receipt of confirmation from us that the item has been accepted, you agree to prominently mark the item as "Submitted for Mobile Deposit" and the date it was deposited on the front of the check. The check should be retained for forty-five (45) days and then destroyed. You must keep your checks from being used without your authorization or in a manner prohibited by this Agreement, such as resubmitting a check for deposit that was previously deposited.

iv.  Notifications and Deadlines. We reserve the right to reject any item transmitted through Mobile Check Deposit, at our discretion, without liability to us. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of a check shall be deemed received when you receive a message from us that we have received the image. Your receipt of this message does not mean that the transmission was error free, able to be processed, complete, or that funds will be credited for that check. You can determine whether your check was successfully processed by logging into the Service and reviewing your transaction history. Once you transmit the check using Mobile Check Deposit, you may not cancel the transaction.

v.  Availability of Funds, Deposit Limits and Fees. We will make funds available for checks received, accepted, and successfully processed through the Mobile Deposit service according to our standard funds availability policy for your deposit account. If you transmit your deposit to us before 5:45pm EST ("cut-off time") on any Business Day, we will review and process your deposit on that same Business Day and funds will generally be available the following day. Deposits received after that cut-off time will be reviewed and processed on the next Business Day with funds generally available the subsequent day.

WE RESERVE THE RIGHT TO CHANGE THE TIME PERIOD IN WHICH FUNDS ARE MADE AVAILABLE FOLLOWING CHECK DEPOSITS USING MOBILE CHECK DEPOSIT IF WE DETERMINE OR HAVE REASON TO BELIEVE THAT A TRANSACTION MAY BE SUBJECT TO FRAUD OR ILLEGALITY, OR WAS NOT MADE IN ACCORDANCE WITH THIS AGREEMENT, OR AS OTHERWISE ALLOWED BY APPLICABLE LAW.

vi.  Returned Checks. If we have credited your account for a check that is subsequently returned to us unpaid, we reserve the right to deduct the amount of the returned check from your account(s), as well as any applicable fees. We may, solely at our option and without undertaking an obligation to do so, re-deposit the returned check and deduct the applicable fee from your account(s) and you shall hold us harmless for any and all fees and or associated losses.

You agree that you shall accept a returned deposit that you made using Mobile Check Deposit at any time in the event a return was caused by or resulted from your failure to comply with this Agreement. In the event of a return, you agree that the return may be made in any legally acceptable form (including without limitation, image, image replacement document, or MICR memo). You may present the check for deposit, in connection with a returned deposit, only by delivery of the tangible check. We may also require you to obtain our prior written approval before presenting any checks for deposit that we previously returned.

vii. Additional Obligations You Have Relating to Mobile Check Deposit. You are responsible for your own hardware and software, including all telecommunications fees, connectivity problems, interruptions and related issues.

You agree that you will not (i) reverse engineer, decompile, disassemble, or attempt to discover or modify in any way Mobile Check Deposit or any part thereof; (ii) modify, translate, adapt, rent, lease, loan, create or prepare derivative works of Mobile Check Deposit or any part thereof; (iii) provide, disclose, divulge or make available to or permit the use of Mobile Check Deposit or any part thereof by any third party; (iv) copy or reproduce any part of the Mobile Check Deposit service or any part thereof; or (v) interfere or attempt to interfere with the Mobile Check Deposit service or any part thereof in any way.

You agree to indemnify and hold Bancorpharmless from any claim, cost, loss, or damage arising directly or indirectly from your failure to comply with this Section 6 relating to your use of Mobile Check Deposit.

viii.  Limitations on Banca di Capital’s Liability Relating to Mobile Check Deposit.

We are not responsible for any deposit made via Mobile Check Deposit that does not comply with the terms of this Agreement, any other agreement you have with us, or applicable law. We are not responsible for any deposit made using Mobile Check Deposit that we do not receive, regardless of the reason.

We have no obligation in connection with any failure of a check, check image, file or deposit to meet any specifications or requirements provided by us to you.

We reserve the right to reject any check transmitted through Mobile Check Deposit, at our discretion, without liability to you.

We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Mobile Deposit service and to modify such limits from time to time.

7. Online Banking Alerts

i. Account Alerts.  You may choose to receive alert messages for your accounts. We may add new alerts from time to time, or cancel old alerts, without warning to you. Each alert has different options available, and you will be asked to select from among these options upon activation of your alerts service.

ii. Receiving Alerts. Alerts will be sent to the email address you have provided as your primary email address for the Service. If your email address or your mobile device's email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a secondary email address or a mobile device that accepts text messages. Message and data rates may apply. Check with your carrier for details.

iii. Alerts Are Subject to the Following. We do our best to provide alerts in a timely manner with accurate information, but alerts may be delayed or prevented by a variety of factors beyond our control (such as system failures or misdirected delivery). We do not guarantee the delivery or accuracy of alerts. The contents of an alert may be outdated by the time an alert is sent or received, due to other activity on your account or to delays in sending data among various systems. You agree that we are not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert or for any actions taken or not taken by you or a third party as the result of an alert.

Because alerts are not encrypted, we will never include your passcode or full account number. However, alerts may include your name and some information about your accounts. Depending upon the type of alert, information such as your account balance, transaction information or the due date for your loan payment may be included. Anyone with access to your alerts will be able to view the contents of these messages.

8. MoneyDesktop

MoneyDesktop is a personal information management service that allows you to better manage your information by consolidating it in one place. MoneyDesktop allows you to retrieve, view, and maintain information you have available at various web sites you designate, but all within one convenient service. You may add information about accounts accessible at other sites that you maintain at other institutions.

i. Using MoneyDesktop to Access Third-Party Sites. When you use Money Desktop to access third-party sites, you agree to the following:

1)You authorize Bancorpand its providers to access the third-party sites and accounts you designate to retrieve account information on your behalf, and you appoint us as your agent for this limited purpose. In addition, you hereby authorize Bancorpand its providers as your true and lawful attorney-in-fact, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third-party sites, retrieve account information, and use your information, for the purpose of accessing your accounts and operating MoneyDesktop, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.

2) You represent that you are a legal owner of the accounts at third-party sites that you include in MoneyDesktop and that you have the authority to (i) designate us as your agent, (ii) use MoneyDesktop and (iii) give us your passwords, usernames, and all other information you provide.

3) YOU AGREE AND ACKNOWLEDGE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM THE THIRD-PARTY SITE, WE ACT AS YOUR AGENTS, AND NOT THE AGENTS OR ON BEHALF OF THE THIRD PARTY.

4) MoneyDesktop does not have the capability to initiate transactions affecting your financial accounts or provide notices or instructions affecting such financial accounts. You are responsible for all fees charged by the third party in connection with any transactions and accounts, and you agree to comply with the terms and conditions of those accounts. If you have a dispute or question about any transaction on such site, you agree to direct these to the account provider.

5) Third-party sites shall be entitled to rely on the above authorizations, agency and power of attorney granted by you.

6) MoneyDesktop is not sponsored or endorsed by any providers of the third party accounts you access through MoneyDesktop.

7) Balances shown on MoneyDesktop reflect the most recent refresh and may not be accurate if a refresh was not successfully completed or the information obtained during the refresh from the third party is otherwise not accurate or current. Data and information is provided for informational purposes only, and is not intended for trading or transactional purposes. You agree that we are not liable for any errors or delays in the content, or for any actions taken in reliance thereon.

ii. User Conduct.  You agree not to use MoneyDesktop or the content or information delivered through MoneyDesktop in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of MoneyDesktop to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for Bancorpor its affiliates or cause us to lose (in whole or in part) the services of our third-party provider; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) may potentially be perceived as being obscene or pornographic or contain child pornography, or racially, ethnically, or otherwise objectionable; (h) interfere with or disrupt computer networks connected to MoneyDesktop; (i) interfere with or disrupt the use of MoneyDesktop by any other user; (j) access the information and content manually by request and not programmatically by macro or other automated means; or (k) use MoneyDesktop in such a manner as to gain unauthorized entry or access to the computer systems.

iii. Your Indemnification of the Bank.   Notwithstanding the language in Section 10 of this Agreement, when you use MoneyDesktop, unless caused by our intentional misconduct or gross negligence, you agree to protect and fully compensate Bancorpand our service providers and affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of MoneyDesktop, your violation of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

iv. MoneyDesktop Limitations. We want to make your use of MoneyDesktop easy and productive, but we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other MoneyDesktop interruptions. Notwithstanding the language in Section 10 of this Agreement, with respect to MoneyDesktop, we do not assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings.

v. Third Party Beneficiary. You agree that our providers may rely upon your authorization and grant of a limited power of attorney, the disclaimer of warranties, and the limitation of liability in MoneyDesktop described above, and such providers are, for the purposes of those sections, third party beneficiaries to this agreement, with the power to enforce those provisions as applicable.

9. Additional Service

Bancorpmay introduce new services or change the scope of our services from time to time. Bancorpwill notify you of the existence of the new services. By using these services when they become available, you agree to be bound by the terms and conditions, rules and other instructions that will be made available to you concerning those new services.

10. Service Limitations, Liabilities and Remedies

This section provides important information about how your use of the Service is limited, how Banca di Capital’s responsibilities are limited, any related liabilities you may incur and the available remedies you may have. 

i.  Authorization of Transactions. When you use the Service for transfers or paying bills, you agree that by requesting such transactions, you authorize us to debit or credit your accounts.

ii.  Liability for Unauthorized Transactions. If you believe that your authentication information has been compromised or that the Service has been used to access your accounts without your permission, you must tell us immediately. Telephoning us is the best way of keeping your possible losses to a minimum. Email us to report unauthorized transactions. If you fail to notify us, you may be liable for all unauthorized transactions on your account. If your account is a consumer account primarily used for personal, family or household purposes and you do notify us, your liability will be as follows: 

 1.                 If you tell us within 2 business days. You can lose no more than $50 if someone used the Service without your permission.

2.                 If you do NOT tell us within 2 business days. If we can prove we could have stopped someone from using the Service without your permission if you had told us, then you could lose as much as $500.

3.                 If you do NOT tell us within 60 days after your account statement was made available to you. If we can prove we could have stopped someone from using the services without your permission if you had told us, you may not get back any money you lost after the 60 days.

iii.  Business Days. Certain features in our Service can only occur on Business Days. Our business days are Monday through Friday, excluding legal holidays. Unless otherwise indicated in an applicable agreement, if you initiate a transaction on Saturday or Sunday, it will be processed on Monday, unless Monday is a legal holiday.

iv.  Fees for the Service. While there are no fees for accessing information about your accounts through our website or your mobile device, there may be fees for transactions and services in accordance with the Deposit Agreement and applicable fee schedules. 

v.  Insufficient Funds and Stop Payments. Please refer to your Deposit Agreement for information generally, on insufficient funds and stop payment requests. Please note that if you have authorized a payment or transfer from your account through the Service, and, through no fault of ours, you do not have enough money in your account to make the payment or transfer, we may not complete your payment or transfer. At our option, we may make a further attempt to issue the payment or process the transfer request. We are under no obligation to inform you if a payment or transfer is not completed. In this case, you are responsible for making alternate arrangements or rescheduling the payment or transfer.

vi.  Timeliness of Information. The account information you obtain through the Service is current as of the close of all processing for the previous Business Day with the exception of certain electronic transactions, which may be reflected on the same day they occur. Images of checks presented for payment against your account will generally be available beginning on the business day following presentment of the check to us until 24 months after the image first became available for viewing

vii.  Availability of the Service. From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume or similar reasons the Service may not be available for your use. We minimize the periods of time during which Service are unavailable. You agree that we shall not be responsible for any loss, damages, costs or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the services or the server, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss, damages, costs or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the server or the Service caused directly or indirectly, in whole or in part, by your computer or mobile device, your inability to establish a connection to the Internet, your Internet Service Provider (“ISP”) or capacity or other limitations or constraints of the Internet.  The Service is not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations. We may restrict the Service during times you are in a country for which transactions using the Service would be prohibited.

We make no representation that any content or use of the Service is available for use in locations outside of the BancorpStates. Accessing the Service from locations outside of the BancorpStates is at your own risk, and you are responsible for compliance with local laws. Additional charges may apply both from us, and from third parties (e.g., your wireless carrier) if the Service is used outside of the BancorpStates.

viii. Electronic Transaction Errors. In case of error or questions about your electronic transactions, if you think that your account statement is wrong or if you need more information about a transaction, follow the transaction error procedures described in the agreement governing your account.

ix. Denial of Access and Termination of the Service By Banca di Capital. We may at any time, with or without cause, and without prior notice to you deny you access to the Service. We may terminate this Agreement and your access to the Service in whole or in part at any time without prior notice to you. If there is no log-in activity associated with any of your accounts for a consecutive six month period, you may no longer be able to access the Service. In the event we terminate this Agreement, any transactions or payments, which you have scheduled to occur on a future date or on a recurring basis, will not be completed as scheduled. If you close all of your accounts linked to the Service we may terminate your access. To use the Service in the future, you must register as a new user.

x. Termination of the Service By You. You may terminate the Service by providing us with a written notice signed by you. The termination will not take effect until we receive it and have a reasonable time to act upon it. Once the termination takes effect, any transactions or payments that you have scheduled to occur on a future date or on a recurring basis will not be completed as scheduled. You may hand the notice to an authorized representative in one of our branches or send it to us via email.

xi. E-Mail Notifications and Alerts. We are not responsible for delays or failures in delivering e-mail notifications or alerts you have scheduled which results from an invalid e-mail address, or your computer, mobile device, or mobile carrier failing to access the Service.   

xii. Governing Law. This Agreement and the Service, unless otherwise indicated in the applicable agreement, will be governed by the laws of the BancorpStates and the State of Georgia.

xiii.  Severability and Headings. If any terms in this Agreement change due to applicable law or is declared invalid by order of a court, the remaining terms of this Agreement will not be affected, and this Agreement will be interpreted as if the invalid terms had not been placed in this Agreement. The headings in this Agreement are intended only to help organize this Agreement.

xiv.  Limitation of Liability. We have NO LIABILITY FOR CONSEQUENTIAL, REMOTE OR INDIRECT DAMAGES, for any reason whatsoever, including, but not limited to, failure to complete a transfer of payment, or for any other acts or omissions of Banca di Capital, its affiliates, or agents, even if such party has been advised of the possibility thereof.

xv. Changes to This Agreement. You agree that we may from time to time amend all or any part of this Agreement, including, without limitation, establishing, increasing or decreasing the fees and charges for the Service and adding additional features and functionality. We will notify you electronically of any change to this Agreement as required by applicable law. Your use of the Service or any additional service or services after the effective date of the change shall constitute your agreement to be bound by the terms of the change. You should also review this Agreement periodically for any changes.