Please read carefully the following Online and Mobile Banking Services Agreement (hereinafter referred to as the "Agreement"). You must acknowledge and accept the terms of this agreement before access to Online and Mobile banking services is available.
GENERAL DESCRIPTION OF AGREEMENT:
This Agreement is between you and AmeriServ Financial (hereinafter referred to as "Bank") and will govern the use of the AmeriServ Financial Online and Mobile Banking (hereinafter referred to as "Online Banking"). Online Banking permits the Bank's customers to perform a number of banking functions through the use of a personal computer, mobile channel, or other electronic channels.
Your use of Online Banking may also be affected by other agreements which are used in accessing your accounts at the Bank. When using Online Banking, if there is a conflict between any terms and conditions in this Agreement and those contained in other agreements with the Bank, this Agreement will control. Incorporated herein by reference are all regulatory disclosures that you received when opening an account with the Bank.
ONLINE BANKING SERVICES:
OVERVIEW: AMERISERV FINANCIAL ONLINE BANKING CAN BE USED TO:
DESCRIPTION OF ONLINE BANKING SERVICES:
MOBILE BANKING SERVICE
Mobile Banking is offered as a convenience in three different methods: Mobile Apps, Mobile Web Banking, and Mobile Text Message.
Consumer Mobile Apps are free downloadable applications available through the Apple store, Amazon app store and Google Play. Enrollment in the program requires identification of your banking relationship with us and you must provide your mobile phone number. You will then receive a short message service (SMS) text from the bank with a verification code. You must verify your mobile phone number by entering the verification code you received from us on our website.
Consumer Mobile Web Banking gives automatic access to mobile banking from our existing website with our mobile device detection capability.
Text Message Banking can be used from any mobile phone with SMS capability. Users can access their account information within seconds.
Mobile Banking allows you to access your eligible Account information, transfer funds, pay bills, view and deposit checks. To utilize the Mobile Banking Service, you must be a registered Online Banking user. Information about AmeriServ Financial Bank's Mobile Banking service is available on our website at www.AmeriServ.com or by calling 1-800-837-2265. We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Mobile Banking. We may also reserve the right to modify the scope of the Service at any time without prior notice as may be required by law.
Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supportable for all Devices. AmeriServ Financial Bank cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or "out of range" issues.
Use of Service
You agree to accept responsibility for learning how to use Mobile Banking and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Device.
The Bank may terminate your access to any or all features of the Mobile service, including Mobile Deposits, at any time without advance notice, for any reason (including reasons unrelated to your bank accounts or your transactions.)
You agree that by using the Bank's Mobile Banking Services (including Mobile Deposit) information about your banking accounts and transactions will be transmitted over the Internet. You agree that the Bank will have no liability to you, if an unauthorized third party obtains information about your banking accounts or transactions despite reasonable precautions the Bank has taken to maintain the confidentiality of such information.
If you lose your registered mobile device or if it is stolen, you agree to disable such mobile device by unregistering your mobile device in the mobile banking & alerts function on the Additional Services tab located on the Desktop version of Online Banking. You should not store your username or password on your mobile device. You acknowledge that there are risks involved in using your mobile device to access your bank accounts and if your mobile device is lost or stolen, your confidential information could be accessed and unauthorized transactions could be accomplished.
Other Agreements with Us and Others
You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
You represent and agree to the following by using the Mobile Banking Service:
Account Ownership/Accurate Information. You represent that you are the legal owner of the Accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking.
We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.
You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would:
No Commercial Use or Re-Sale.
You agree that the Service is only for the use of individuals authorized to access your account information. You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking.
Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless AmeriServ Financial Bank, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from:
PURCHASE REWARDS OFFERS
If you decide you wish to participate in the Purchase Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.
Purchase Rewards. You will earn rewards for your participation in the Purchase Rewards Offers program based on total purchases. If you participate in the Purchase Rewards Offers, we will credit all cash or point rewards earned to your rewards balance and send you a lump sum of all rewards due to you. For any qualifying purchases during the current month, we will distribute the lump sum amount to you during the following calendar month. For example, if the payment date of all rewards end user disbursements is August 30, the applicable Measurement Period would be the calendar month ended July 31. Cash rewards will be deposited in the Purchase Rewards Offers deposit account which is associated with the Purchase Rewards Offers program.
Purchase Rewards Offers Account. You must use the debit card associated with the Purchase Rewards Offers account in order to receive the offers which qualify for the rewards. Rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types.
Purchases must be made as indicated in the offers made available under the Purchase Rewards Offers program. Each offer will specify whether the purchase can be made online, at a store location, or by telephone to be eligible for rewards. You must also comply with any guidelines included with the offer, such as offer expiration dates, minimum purchase amounts, purchase limits, etc. You must also pay using the debit card associated with the account that received the Purchase Rewards offer in order for the purchase to qualify.
While we and the merchants work hard to properly track and credit all eligible purchases, there may be times that we are unable to do so because of problems with your internet browser, the merchant's web site or our system. Please contact our support team if you believe you have made a qualifying purchase for which you did not receive Rewards.
Please note that you will not earn rewards as part of this program if you use a debit card not issued by us or do not have the designated deposit account opened with us at the time of disbursement.
You understand and agree that we make no warranties and have no liability as to:
BANK'S LIABILITY FOR FAILURE TO MAKE ELECTRONIC TRANSFERS (Including Bill Payments):
The Bank is responsible for exercising ordinary care in making payments directed through your account. The Bank will not be liable in any way for damages incurred by you due to delays in mail delivery, changes in vendor's addresses, and the failure of any vendor to account correctly for or credit such payments in a timely manner or for any other circumstances beyond the control of the Bank. However, if the Bank does not complete an Online transfer or Bill Payment to or from your account on time or in the correct amount, according to this Agreement, the Bank will generally be liable for direct losses or damages as limited herein.
LIMITATIONS ON BANK'S RESPONSIBILITY:
Refer to the Consumer Electronic Funds Transfer Agreement regarding the Bank's responsibility on electronic transactions.
The bank will not be liable, for failure to make an electronic transfer where conditions or circumstances outside the bank's control prohibit the bank from completing the transaction. Examples of this include, but are not limited to: insufficient funds in your account; funds in your account become subject to an encumbrance or levy; malfunction in your computer software; emergencies at the bank; the bank's placement of a "hold" on your account or the account is closed. In addition, the bank reserves the right not to process a transfer/bill payment for security reasons. In no event shall the bank be liable for damages in excess of your actual loss due to the bank's failure to complete a transfer or bill payment and bank will likewise not be liable for any incidental or consequential damages.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS:
Refer to the Consumer Electronic Funds Transfer Agreement regarding your responsibility for electronic transactions. Contact us at once at 1-800-837-2265 if you believe someone has unauthorized knowledge of your Online Banking password or that someone may transfer money from your account without your permission. Calling us is your best way of keeping your possible losses down; however, at your option you may notify us by writing to AmeriServ Financial, 216 Franklin Street, P.O. Box 520, Johnstown, Pa 15901. Otherwise you could lose some or all of the money in your accounts.
If your statements show Online Banking transfers or bill payments that you did not make, report the matter to the bank immediately. If you do not notify the bank within sixty (60) days after the statement was mailed or made available to you via electronic statements, you may not be eligible for the money you lost after the sixty (60) days if the bank can prove we could have stopped the transaction had you reported the matter in time.
In case of errors or questions about your Electronic Transfers or Bill Payments, telephone us at once at 1-800-837-2265. We must hear from you no later than 60 days after we sent the first statement upon which the questionable transaction appeared. Tell us:
If you tell us orally, we may require that you send us your complaint in writing within 10 business days.
The Bank will tell you the results of its investigation within 10 business days after the case is reported and will correct any error promptly. If the Bank needs additional time, we may take up to 45 days to investigate your complaint or question. If we decide to do this, the Bank will provide a provisional credit to your account within 5 business days for the amount you think is in error; so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within 10 business days, we may not provide a provisional credit to your account.
If we decide that there was not an error, we will send you a written explanation within 3 business days after we finish our investigation. If you received a provisional credit, that amount will be debited from your account. You may ask for copies of the documents that we used in our investigation.
Refer to the Consumer Electronic Funds Transfer Agreement you received at time of account opening for additional information.
To use Online Banking, you must have at least one account at the Bank, access to Internet service, and an email address. Online Banking can be used to access only the Bank accounts which you are authorized or ownership of. We undertake no obligation to monitor transactions through Online Banking to determine that they are made on behalf of the accountholder. Operating systems and browser requirements are available by contacting us at 1-800-837-2265.
HOURS OF ACCESS:
You can access Online Banking seven days a week, twenty-four hours a day, although some or all services may not be available occasionally due to emergency or scheduled maintenance.
FEES AND CHARGES:
You agree to pay the fees and charges for your use of Online Banking Services as set forth in the current Schedule of Fees received at time of account opening or thereafter notified. Such fees as Bill Payment Inactivity fee or Mobile Deposit per deposit fee may apply. You agree that all such fees and charges will be deducted from the Bank checking account designated as the "Primary Account". If you close your Primary Account, you must contact us immediately to designate another account as your Primary Account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of Online Banking.
You will not receive a separate Online Banking statement. Transfers to and from your accounts through Online Banking will appear on the respective periodic statements for your Bank accounts.
CHANGE IN TERMS:
We may change any terms of this Agreement at any time. If the change would result in increased fees for any Online Banking service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system.
We will post any required notice of the change in terms on the Bank website, on your monthly account statement, forward it to you by email or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective.
Your continued use of any or all of the Online Banking services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
We make no warranty of any kind, express or implied, including any implied warranty of merchant ability or fitness for a particular purpose, in connection with the Online Banking services provided to you under this Agreement. We do not and cannot warrant that Online Banking will operate without errors, or that any or all Online Banking services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to Online Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Bank and its affiliates exceed the amounts paid by you for the services provided to you through the Online Banking.
YOUR RIGHT TO TERMINATE ONLINE BANKING OR BILL PAY:
You may cancel your Online Banking or Bill Payment service at any time by providing us with written notice by postal mail, email, or fax. Your access to Online Banking will be suspended within 5 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
OUR RIGHT TO TERMINATE ONLINE BANKING OR BILL PAY:
You agree that we can terminate or limit your access to Online Banking services for any of the following reasons:
ACCOUNT/AUTHORIZED SIGNERS OF BANK ACCOUNTS:
Account principals recognize that any requirement of verifying two signatures on checks or dollar limit, if such a requirement exists, does not apply to electronic or telephone transfers, including online bill payments, and releases AmeriServ Bank from liability when making such transfers or payments.
CONSENT TO ELECTRONIC DELIVERY OF NOTICES:
You agree that this notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic funds transfer disclosures, may be made electronically by posting the notice on the Bank website or by sending you email.
You agree to notify us immediately of any change in your email address.
COMMUNICATIONS BETWEEN BANK AND YOU:
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
Appendix A - Bill Pay Terms to Know