Band Title

Band Subtitle

Zone Title

Zone Subtitle

Feature Wrap Title

Feature Wrap Subtitle

Business Online Banking User Terms & Conditions

Download a copy of Business Online Banking User Terms & Conditions

This Agreement describes the terms and conditions under which the Bank will provide you with access to and use of the Cash Management and Business Online Banking Service (the “Services”). WHEREAS, your Company has enrolled in the Service by completing a Master Cash Management Agreement and Business Online Banking Enrollment form, and has designated you as a Senior Administrator, Administrator or as an Authorized User (employee), you agree as follows:

DEFINITIONS

 For purposes of this Agreement, unless the context indicates to the contrary, the following words and phrases shall have the meanings indicated below.

Access ID – the unique identification code (username) used by authorized users to access the Services.

Account Access – your ability to access account and transaction information on Online Accounts, and transfer funds between Online Accounts.

Account Agreement – the agreement between the Company and the Bank that governs the use of an Account, including the deposit account agreement, line of credit agreement and our schedule of fees and charges, each as amended from time to time.

ACH – automated clearing house.

Agreement – this Agreement, including all forms, applications, addendums, schedules, documents and agreements referenced herein, each as amended from time to time.

Authorized User – any person your Company Senior Administrator or your Administrator designates as an employee being authorized to access or use any Service on behalf of the Company.

Bill Payment Account – your Company’s designated business checking account from which bill payments will be made and bill payment service fees and charges will be deducted.

Bill Payment Instruction – the required information provided by you for a bill payment to be made to your Payee (e.g., Payee name, account number, payment date).

Bill Pay Service – the online bill payment feature of the Services that allows you to pay or transfer funds to designated Payees based upon your online instruction.

Biller – the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

Business Day – Monday through Friday; excluding holidays. Our Online Banking Services are generally available twenty-four (24) hours a day, seven (7) days a week, except during any special or scheduled maintenance periods or interruption or delay due to causes beyond our control. However, we process transactions and update information on Business Days. We shall not be liable under this Agreement for failure to provide access.

 Company – The business or municipal entity that has enrolled in Business Online Banking.

Computer – all hardware, software and necessary telephone lines, Internet or other connections and equipment needed to access the Services.

Dual Control – a process by which two different Authorized Users are required to complete a transaction.

Due Date – the date reflected on your Biller statement for which a bill payment is due.

Electronic – electrical, digital, magnetic, wireless, optical or electromagnetic technology or any other technology that entails similar capabilities.

Mobile Banking – a version of our online banking product that can be accessed using a mobile phone, tablet or other mobile device.

Mobile Deposit – a service that provides the option for a user of our Mobile Banking service to deposit a check by taking a picture of the check and submitting it to the bank remotely.

OFAC – Office of Foreign Assets Control

Online Account – a checking, savings, or money market deposit account that you have with us for your primary business use, for which you requested and obtained on-line access at The Savings Bank.

Payee – any individual, financial institution, educational institution, company, merchant or other business entity, located in the United States, you wish to pay using Online Banking Services.

Primary Online Account – a business checking account you maintain with us for business purposes and which is in good standing.

Scheduled Payment – a payment that has been scheduled through the Bill Pay service but has not begun processing.

Scheduled Payment Date – the Business Day on which you authorize the Bill Pay Service to issue a bill payment on your behalf, or if the Scheduled Payment Date is not a Business Day, the next Business Day we are open after the day you originally specified.

Senior Administrator- the officer, employee or other person that the Company designates as being its authorized representative, or as authorized to act on behalf of the Company, with respect to the Services.

Transaction Cutoff Time – the time by which you must transmit Payment Instructions in order for such instructions to be considered received on that particular Business Day. Payment processing will occur on the Business Day following the Business Day we receive your request for a bill payment. Please allow 4-10 Business Days for processing bill payments as described in the Bill Payment Services section. Cut off times may vary.

User Administrator – any person your Senior Administrator designates as being authorized to act as an administrator, having all the same powers and responsibilities of the Senior Administrator, on behalf of the Company with respect to the Services.

TERMS AND CONDITIONS

  1. Use of Services. You will use the Services only for internal business use in accordance with the terms of the Master Cash Management Agreement, and each access or use of the Services constitutes acceptance, and is subject to the terms and conditions of this Agreement. Without limiting the generality of the foregoing, you agree not to make the Services available or allow use of the Services in a computer bureau service business, timesharing, or otherwise disclose or allow use of the Services by or for the benefit of any third party.
  2. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of To  the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. In the event of any court action in connection with this Service Agreement, you agree and submit to the personal and exclusive jurisdiction of and venue in the Federal and state courts (as applicable) located in the State of Massachusetts.
  3. Complete Agreement. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms. You further agree that this Agreement and any modifications made pursuant to it constitute the complete and exclusive expression of the terms of this Agreement, and supersedes all other proposals, whether oral or written, understandings, representations, conditions, warranties, covenants, and all other communications relating to the subject matter of this Agreement. None of the terms of this Agreement may be waived except as Bank may consent in writing, and no agreement with or representation made by any employee of Bank that is in conflict with this Agreement will be binding on Bank unless contained in a written modification of this Agreement signed by an authorized officer of No delay on the part of Bank in exercising any right or power under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise thereof or the exercise of any other right or power. The rights and remedies under this Agreement are cumulative and not exclusive of any rights or remedies which Bank would otherwise have.
  4. Construction and Interpretation The section headings or captions of sections hereof are for convenience only and shall not control or affect the meaning, interpretation, or construction of any of the provisions of this Agreement.
  5. Security Procedures and Communications. Certain procedures, including the use of identification codes, encryption, passwords, logon identifications, personal or location identification numbers, repetitive codes, tokens and other security devices, systems and software (the “Security Procedures”), designed to verify the origination (but not errors in transmission or content) of instructions, orders and other communications (each, a “Communication”) sent between you and Bank may be used in collection with Cash Management Services. You agree that any such mutually agreed- upon Security Procedures shall be deemed commercially Bank shall not be obligated to act on a Communication not transmitted in accordance with the Security Procedures and may refuse to act on any Communication where Bank reasonably doubts its authorization, authenticity, contents, origination or compliance with the Security Procedures. Bank shall have no duty to discover, and shall not be liable for, errors or omissions by you. If Bank complies with the Security Procedures in respect of a Communication, Bank shall be entitled to act on that Communication and shall not be obligated to verify the content of such Communication, establish the identity of the person giving it, or await any confirmation thereof and Bank shall not be liable for acting on, and you shall be bound by, any Communication sent in the name of Company Authorized User, whether or not authorized. Whenever the Security Procedures include the assigning to you of any confidential password, logon identification, identification code, personal or location identification number, repetitive code, token or similar security device, you shall not disclose such security device except to employees or agents authorized to act for Company in connection with Cash Management Services. Company and Authorized User shall implement such safeguards as are reasonably necessary to ensure the confidentiality and integrity of such security devices, and shall immediately notify Bank if the confidentiality or integrity of any such security device is breached or threatened. Company and Authorized User shall be solely responsible for the safekeeping of such security devices and assumes all risk of accidental disclosure or inadvertent use of such security devices by any party whatsoever, whether such disclosure or use is on account of Company’s or Authorized User’s negligence or deliberate acts or other\vise. Bank shall not be liable for any loss or damage resulting from fraudulent, unauthorized or otherwise improper use of any security devices. Company shall employ the use of Dual Control whenever circumstances permit and acknowledges that the Bank strongly encourages the use of internal Dual Control at the Company level. Secure Communication Line Requirements: All communication lines used to provide Cash Management and Business Online Banking Services shall be provided through the following types of secure lines: SFTP or HTTPS.
  6. Data Security Requirements. You agree at all times to comply with the applicable security requirements set forth in the Agreement, as the same may be revised from time to time, as well as the data protection/security requirements imposed under federal state and local laws, rules and regulations.
  7. Confidentiality. The Agreement, data, software, processes and other information provided to you in connection with Cash Management and Business Online Banking Services and all fee and pricing information with respect to the Services (the “Information”) is the proprietary and confidential property of Bank and/or its relevant licenses or suppliers. You agree to use the Information only in the manner specified by Bank and in the ordinary course of Company’s business, to return it to Bank upon termination of the Services, and to keep the Information confidential and limit access thereto only to its agents and employees who require access in the normal course of their duties, except to the extent the Information is already in the public domain or you are required to disclose the Information by law.
  8. Disclosure. You acknowledge that Bank may have certain legal record keeping and reporting requirements with respect to the applicable Services and consents to Bank’s disclosure to payment systems, intermediary organizations, and governmental authorities of information concerning you and the applicable Services provided to you which Bank believes to be appropriate or necessary to fulfill such contractual and legal requirements.
  9. Limits. The Bank may, at any time, establish daily dollar, and item count limits applicable to items submitted to Bank using the Services; and, any such limits may be decreased or increased from time to time as determined by Bank.
  10. Non-Assignment. You may not assign this Agreement or any of the rights or duties hereunder to any person or entity without the Bank’s prior written consent. 
  11. Notices, Instructions, Etc. Any notice or other communication may be sent by Bank to you at your postal, e-mail, facsimile or other address provided by you to Bank, and Bank may assume that any notice or communication sent to you at any such address has been received by you, until you or your Company notifies Bank in writing of another address.

For any notice or other communication received by Bank from you, the following terms will apply:

  1. Except as otherwise expressly provided herein, The Bank shall not be required to act upon any notice or instruction received from you or any other person, or to provide any notice or advice to you or any other person with respect to any
  2. Except as otherwise expressly provided herein, any written notice or other written communication required or permitted to be given under this Agreement shall be delivered, or sent by United States registered or certified mail, postage prepaid, or by express carrier, to the Bank, addressed to:

The Savings Bank, ATTN: Electronic Banking, PO BOX 30, Wakefield, MA 01880 

unless another address is substituted by notice delivered or sent as provided herein. Except as otherwise expressly provided herein, any such notice shall be deemed given when received.

You may call Customer Service or Electronic Banking during normal business hours at 1-800-246-2009 ext.5246.

  1.  Access IDsYou may access the Services from our web site located at www.tsbawake24.com or any web site that we may designate from time to time using your Access ID. The Bank will assign the Senior Administrator’s Access ID. The Senior Administrator and/or the Administrator shall select an Access ID for each Authorized User to access and use the Services. We own the Access IDs and you may not transfer them to any other person or entity. You acknowledge and agree that the Access IDs are a commercially reasonable method used for the purpose of verifying whether any bill payment, transfer or other Service was initiated by you. You further acknowledge and agree that the Access IDs are not intended, and that it is commercially reasonable that Access IDs are not intended, to detect any errors relating to or arising out of a bill payment, transfer or any other Service.
  2. Computer Requirement. You must have a computer, access to Internet service, recommended Internet browser software with capabilities to support 128 bit encryption and an e-mail address. You are responsible for the installation, maintenance and operation of the Computer and all related charges. We are not responsible for any losses, damages, injuries, errors or failures caused by any malfunction of the Computer or any Computer virus or other problems that may be associated with access to or use of the Services or the Computer. We also are not responsible for any losses or delays in transmission of information you provide to us or otherwise arising out of or incurred in connection with the use of any Internet or other service provider providing your connection to the Internet or any browser software.
  3. Online Account Funds. You and Company agree to maintain sufficient available funds in your Accounts in connection with your access to and use of the Services, unless you have a line of credit attached to any of your Online Accounts. If Company has a line of credit attached to any of your Online Accounts, the amount of any bill payment, transfer or other Service will not exceed the sum of your available funds in your Online Accounts, plus your available credit. Regardless of whether you have a line of credit attached to any of your Online Accounts, you agree that we may issue a bill payment, transfer funds or perform another Service even if such action causes one or more of your Online Accounts to be overdrawn. You agree that we may debit any overdraft fees, online banking or other related fees from your Primary Online Account (or any other Online Account or commercial deposit account you maintain with us, if necessary).
  4. Senior Administrator, Administrator and Employee Authorized Users
    Company may designate one Senior Administrator by listing the person’s name and contact information on the TSB Business Online Banking Enrollment Form. Your Senior Administrator may designate another person as Administrator. A Senior Administrator or Administrator may designate one or more employees as Authorized Users and establish the scope of their access to and use of any of the Services. You accept as your sole responsibility the designation of any Administrator by your Senior Administrator and any Authorized User by your Senior Administrator and Administrator. You understand that your Senior Administrator and any Administrator will control access and use by Authorized Users of the Services. Your Senior Administrator and Administrator can add, change or terminate your Authorized Users from time to time and in their sole discretion. The Bank does not add, change or terminate any Administrator and/or Authorized User to any Service and does not control access by any Administrator or Authorized User to any Service.

    If you are the designated Senior Administrator, whenever any Administrator or Authorized User leaves your employ or you otherwise revoke the authority of any Authorized Users to access or use the Services, you are solely responsible for deactivating such Authorized Users. You remain fully responsible for all use of the Access ID and the Services by any such Authorized Users.
  5. Business Online Banking Services
    By accessing the Services with the Access IDs, you can perform any or all of the following Services for which your Company has registered, subject to the limitations set forth in this Agreement and any Account Agreement:
  1. Online Account Access.You may obtain information, such as balance and summary information, available funds information and transaction history. Unless otherwise noted, this information generally will be current as of the time you access your Online Accounts using this feature of the Services.
  2. Transfer of Funds. You may transfer funds among your Online Accounts, including to make one-time transfers or to schedule future, recurring or automatic transfers between your Online Accounts, except if your Online Account is a Passbook Savings or Certificate of Deposit Account. The number and dollar amount of transfers to and from your accounts using the Online Banking Service are limited pursuant to the terms of applicable account disclosures. If a hold is placed upon any portion of deposits made to an account from which you wish to transfer funds, you may not transfer the portion held until the hold expires.
    The Savings Bank will make reasonable efforts to see that the transactions initiated between The Savings Bank accounts through the Service prior to 8:00 p.m. Eastern Time on a Business Day are posted to your account on that day. Transactions completed after 8:00 p.m. EST on a Business Day or completed on a non-Business Day will be posted to your account the following Business Day. Funds will be made available to you in accordance with our funds availability policy, a copy of which is included in the Account Agreement. We may from time to time and in our sole discretion refuse to issue, or limit the number or amount of, funds transfers you may request using this Service. You cannot cancel, change or stop any funds transfer you request using this Service, once the cut off time passes.
  3. Wire Transfers. If Company has enrolled in this service by entering into a separate Wire Transfer Services Agreement with Bank, and if you are the Senior Administrator or if you have been enabled for this feature by your Senior Administrator, you can use this Service to instruct us to wire transfer funds in a specified amount, from any Online Account (except if your Online Account is a Passbook Savings, Certificate of Deposit or Commercial Loan Account), to a specified third party on your behalf at another financial institution.
  4. ACH Entries. If Company has been enrolled in this service by entering into a separate ACH Agreement with us, and you are the Senior Administrator, or if you have been enabled by your Senior Administrator, you can use this Service to authorize us to process, transmit, receive and settle for entries through the Automated Clearing House [ACH] and to credit or debit entries to an Online Account, except if your Online Account is a Passbook Savings, Certificate of Deposit or Commercial Loan Account.
  5. Stop Payments. You can use this Service to initiate a stop payment request online for any check drawn against any of your Online Accounts; however, you may not use this Service to request a stop payment on a bill payment you authorized using the Bill Pay Service. You warrant that the information describing the check, including the check, date, the exact amount, the check number, and payee are correct. Your online stop payment request is conditional and subject to verification by us that the check has not already been paid or that some other action to pay the check has not been taken. After we have received your online stop payment request, we will mail you a stop payment request form which must be signed by an authorized signer on the account and returned to us within two weeks of the online request. The online stop payment will remain in effect for two weeks, and if we have not received the signed form by the end of the two week period, the stop payment will expire.

    A written request will be valid for 6 months, unless you renew your request in writing before the expiration of this time period. If you do not renew your request timely and in writing and the check is presented to us for payment following the expiration of this time period, we may pay the check without any liability to us. We will charge Company a separate fee for each stop payment request.

    If you make a stop payment request using this Service after 4:00 p.m., Eastern Time, on any Business Day or any day that is not a Business Day, we will consider your request to be received by us on the next Business Day we are open.
  6. Bill Pay Service

PAYMENT SCHEDULING
The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement 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 Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Payment Scheduling” in this Agreement.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. To process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives. When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service. The Service shall incur no liability and any Service Guarantee shall be void 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, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  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 Biller.

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

PAYMENT METHODS
The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment. (Funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

PAYMENT CANCELLATION OR STOP PAYMENT REQUESTS
You may cancel or edit a Scheduled Payment by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited; instead a stop payment request may 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 Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. 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.

PROHIBITED AND EXCEPTION PAYMENTS
Payments to Billers outside of the United States or its territories are prohibited through the Service. Tax payments and court ordered payments may be scheduled through the Service; however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service. The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers 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:

  1. 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
  2. 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 Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
  3. 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
  4. Notification – 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
  5. Cancellation of electronic bill notification – The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each The Service will notify your electronic Biller(s) as to the change in status of your account and 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.
  6. Non-Delivery of electronic bill(s) – You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller
  7. Accuracy and dispute of electronic bill – The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller
  8. Obligations – This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

    FAILED OR RETURNED BILL PAY TRANSACTIONS
    In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.

    If some instances a Bill Payment transaction may not be completed and you will receive a return notice from the Service. In each such case, you agree that:
  1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
  2. For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
  3. You may be assessed a fee by the Service if the transaction is returned because you have insufficient funds in your Payment Account to cover the requested In addition, you may be assessed a fee by your financial institution as a result of the return that is separate from and in addition to any fee assessed by the Service;
  4. You will reimburse the Service for any fees or costs it incurs in attempting to collect the amount of the return from you; and,
  5. The Service is authorized to report the facts concerning the return to any credit reporting agency.

    INFORMATION AUTHORIZATION
    Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Bill Pay Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Bill Pay Account, and require confirmation of such from you. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Biller.

    7. Mobile Banking and Mobile Deposit Service
    Certain features of the Service are made available as TSB Business Mobile Banking and Mobile Deposit Service, and can be enabled by the designated Senior Administrator. The Senior Administrator may enable Business Mobile Banking and Mobile Deposit for other Authorized Users, and any Authorized User so enabled may access this Service by downloading the TSB Business Banking app to a mobile device, and then logging in with a valid TSB Business Online Banking Access ID and password. The Business Mobile Banking and Mobile Deposit Terms & Conditions are presented for acceptance by the Authorized User upon the first time accessing the Service. The Business Mobile Banking and Mobile Deposit Terms & Conditions are also posted on the Bank website (www.tsbawake24.com). When an Authorized User at your company gains access to the TSB Mobile Banking and Mobile Deposit Service by using a valid Access ID and password, and by accepting the Business Mobile Banking and Mobile Deposit Terms & Conditions, you acknowledge that such Terms & Conditions shall be deemed to be accepted by you.

    8. Alerts
    Your enrollment in Business Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your account(s). Alerts are provided within the following categories:
    a. Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
    b. Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
    c. Additional Alerts are optional and may be activated by you.

    Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. The Savings Bank reserves the right to terminate its Alerts service at any time without prior notice to you.

    METHODS OF DELIVERY. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number. 

    a. Alerts via Text Message. To stop Alerts via text message, text “STOP” to 48179 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Online Banking and click the box next to your mobile number for the Alerts you’d like to receive For help with SMS text alerts, text “HELP” to 48179. In case of questions please contact customer service at 1-800-246-2009. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

    LIMITATIONS. The Savings Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold The Savings Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or your reliance on or use of the information provided in an Alert for any purpose.

    ALERT INFORMATION. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

    9. Compliance 
    All bill payments, transfers and other Services will be subject to and will comply with the laws of the United States, including without limitation, any applicable federal and state laws and regulations, such as the Internal Revenue Code, the operating circulars of the Federal Reserve System, and the operating rules of networks, associations and systems, such as the rules of the National Automated Clearing House Association and any regional ACH that we may use from time to time to provide the Services, and any OFAC (Office of Foreign Assets Control) requirements, each as amended from time to time.

    10. Unauthorized Use
    If you have reason to believe that your Company Access ID has been stolen or otherwise compromised (or may be compromised) or that a bill payment, funds transfer or other Service has been or may be made with your Company Access ID without your permission, immediately call our Electronic Banking Department at 1-800-246-2009, Ext 5246 between the hours of 8:30 a.m. and 5:00 p.m. (Eastern Time) Monday through Friday, excluding holidays, or write to us at: The Savings Bank, Electronic Banking Department, P.O. Box 30, Wakefield, MA 01880-0030.
    All Users at your company should immediately change their passwords. If you have reason to believe that any Administrator ID or password has been lost, stolen or otherwise compromised (or may be compromised) or that a bill payment, funds transfer or other Service has been or may be made with any Administrator without your permission, you must contact your Senior Administrator or any Administrator. Your Senior Administrator or Administrator, as applicable, must deactivate, and has the sole responsibility for deactivating, any such Access ID. In no event will we be liable for any unauthorized transaction that occurs with any Access ID.

    11. Liability
    Company is solely responsible for the amount of each bill payment, funds transfer, fees or other amounts incurred with the Services, even if you did not authorize the bill payment, funds transfer or other Service. You and Company agree to indemnify us and hold us harmless from and against any and all losses, liabilities, claims, damages or expenses (including attorneys’ fees and court costs and expenses) arising from or related to the access or use of the Services.

    12. Confidentiality and Security
    The Access IDs identify and authenticate you to us when you access or use the Services. You authorize us to rely on the Access IDs to identify you when you access or use any of the Services, and as signature authorization for any bill payment, funds transfer or other Service. You acknowledge and agree that we are authorized to act on any and all communications or instructions we receive using the Access IDs and that we may attribute to you any and all transactions initiated using the Access IDs, regardless of whether the communications, instructions or transactions are authorized.

    You accept as your sole responsibility the selection, use, protection and maintenance of confidentiality of, and access to, the Access IDs. You agree to take reasonable precautions to safeguard the Access IDs and keep them confidential. You agree not to reveal the Access IDs to any unauthorized person. You acknowledge that we will never ask you for the User password, and that our employees do not need the User password for any reason. You further agree to notify us immediately if you believe that the confidentiality of any Company Access ID has been compromised in any manner.

    You acknowledge that the Bank provides the option of using Dual Control internally at your organization, and we strongly encourage use of Dual Control. With Dual Control, one Authorized User would “process” (schedule) an ACH, transfer or Wire Transfer transaction, but it would not be considered submitted to the bank until a different Authorized User logs in and “approves” the transaction. You agree to utilize Dual Control whenever circumstances permit.

    You and Company are responsible to ensure that computers used for access to the Service are equipped with current virus protection and are updated regularly. We are not responsible for any virus or viruses, electronic or otherwise that you may encounter. An undetected virus may corrupt and destroy your programs, files and hardware. The Bank provides information on its website (www.tsbawake24.com) about how you can protect yourself and your organization from fraudulent access to online accounts. You are responsible for viewing the information we provide, especially the video called “Protecting Your Business”, a production by ©Sage Data Security. The direct link to the video is as follows: http://www.tsbawake24.com/home/tools/education/protect.

    13. Amendments
    We have the right to change the terms and conditions of this Agreement at any time. We will notify you either by e-mail or postal mail before the change will take effect if the change will result in greater cost or liability to you or decreased access to your account. You will be deemed to accept any changes to the Services and this Agreement if you access or use any of the Services after the date on which the change becomes effective. You will remain obligated under this Agreement, including without limitation, being obligated to pay all amounts owing under this Agreement, even if we amend this Agreement.