Online Banking Agreement & Disclosure
This Agreement describes your rights and obligations as a user of the Online Banking Service (“Service” or “Services”). It also describes the rights and obligations of Liberty Savings Bank. Please read this Agreement carefully. As an authorized account holder you must abide by the terms and conditions of this agreement, and those provided to you at account opening, in order to use this Service.
CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By selecting the “I Accept” button below, you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with Liberty Savings Bank for the provision of certain Online Banking Services, may be in electronic form, and (3) agreeing that certain information that may be delivered in connection with the Services may also be in electronic form.
You are also acknowledging receipt of the following information and agree that:
- We may provide you with this Agreement and any revisions and amendments thereto in electronic form, and that, if you choose to accept the Agreement, you are consenting to enter into and are entering into an agreement electronically that will govern all future transactions you conduct using the Service.
- We may provide you revisions and amendments to the Agreement and such other information, including but not limited to information under Regulation E and under other applicable banking or financial services laws or regulations in connection with the Service, electronically as a part of the Agreement or otherwise as a part of the Services. You may wish to print and retain a copy of the Agreement or any information provided to you in relation to the Service.
- You have a right at any time to withdraw your consent to receive information electronically. However, because the Agreement and the Information are provided only in electronic format, your withdrawal of consent will terminate all electronic banking services.
- If you wish to withdraw consent to receive information electronically, to terminate the Services, or to update your information such as a change of address, or email address, you may write Liberty Savings Bank a letter and send it to:
Liberty Savings Bank, FSB
Attention: Operations – Online Banking
2323 Stickney Point Rd.
Sarasota, FL 34231
DEFINITIONS
The following definitions apply in this Agreement.
Online Banking
Internet-based service providing access to your account(s) under the terms set forth in this Online Banking Agreement.
Online Account
Liberty Savings Bank account from which you will be conducting transactions using a Service.
Business Day
Refers to Monday through Friday, excluding holidays as determined by Liberty Savings Bank. Online transaction requests received after 9:00 p.m. Eastern Time, or on a non-Business Day, will be processed the following Business Day.
Password
A series of numbers and letters that you select after the initial sign-on, that establishes your connection to the Service.
Time of day
References are to Eastern Time.
We, us, our, or Liberty Savings Bank,
Refers to Liberty Savings Bank, FSB which offers the Services provided under this Agreement and holds the accounts accessed by the Services.
ACCESS TO SERVICES
Liberty Savings Bank will provide online instructions describing how to use the Online Banking Service. To gain access to this Service you will need your Access ID, your password, and must enroll in the enhanced security service.
HOURS OF OPERATION
The Services are generally available 24 hours-a-day, 7 days a week, except during special maintenance and upgrade periods. You expressly agree to waive any claims related to any interruption in availability of the Services.
WHAT EQUIPMENT YOU WILL NEED
You are responsible for obtaining, installing, maintaining, and operating all computer hardware, software, and Internet access services necessary for performing Online Services. The bank will not be responsible for any errors or failures from the malfunction or failure of your hardware, software, or any Internet access services.
Security is extremely important when it comes to your financial matters. Complete privacy, controlled through 256-bit encryption, a password, and the enhanced security service ensures only authorized access to your accounts.
A personal computer with Internet access, an email address and a bank account are required to get started.
For your Internet browser, you will need supported versions of Internet Explorer, Firefox, Chrome or Safari. The preferred browser is Internet Explorer. Upgrading your browser may be required, regardless of whom your provider is. Keeping current with the latest version of your Internet browser will help ensure secure transactions and prevent the error message “Your certificate has expired” from occurring.
For best viewing results, set your screen resolution to 800 x 600 pixels, or higher.
USE OF YOUR SECURITY PASSWORD
The safety of our customers’ accounts and account information is of paramount importance to Liberty Savings Bank. We go to great lengths to protect confidentiality and the security of your account, and urge you to do the same. You agree not to allow anyone to gain access to the Services or to let anyone know your password used with the Services. You agree to assume responsibility for all transactions initiated through the Services with your Liberty Savings Bank Access ID, up to the limits allowed by applicable law. While Liberty Savings Bank continues to provide our customers with the level of online security we believe necessary and appropriate, customers who share their Access IDs and passwords are giving up the full benefit of our security measures and legal protections to which they may be entitled. No Liberty Savings Bank representative will ever call and ask for your Access ID or password.
IF YOUR PASSCODE HAS BEEN LOST OR STOLEN
If your password has been lost or stolen, call Liberty Savings Bank immediately at 800.436.6300 between 8:00 a.m. and 5:00 p.m. Monday through Thursday, 8:00 a.m. and 6:00 p.m. Friday and 9:00 a.m. to 12:00 p.m. on Saturday, Eastern Standard Time. Telephoning Liberty Savings Bank is the best way of minimizing your losses. You may also restore the security of your Service by immediately changing your password. If you believe your password has been lost or stolen and you notify us within two Business Days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your password to conduct unauthorized electronic funds transfers without your permission. If you do NOT notify us within two Business Days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password to conduct unauthorized electronic funds transfers without your permission if you had told us, you could lose as much as $500.00.
BANKING TRANSACTIONS WITH ONLINE BANKING
In addition to viewing account information, you may use Online Banking to conduct the following transactions:
- Transfer funds among your linked checking, savings, money market, loan and line of credit accounts.
The following limitations apply:
- Loan balances do not reflect the payoff amount of the loan. Loan payoffs cannot be performed through Online Banking. Please contact customer service at 800.436.6300 to receive a current payoff for your loan.
New services may be introduced for Online Banking from time to time. Liberty Savings Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
STATEMENTS
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.
IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE
If your statement shows transfers that you did not make, notify Liberty Savings Bank immediately at 800.436.6300, or write a letter and send it to:
Liberty Savings Bank, FSB
Attention: Operations – Online Banking
2323 Stickney Point Rd.
Sarasota, FL 34231
If you do not notify Liberty Savings Bank within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if Liberty Savings Bank had been notified in time.
ERRORS AND QUESTIONS
In case of errors or questions regarding an Online Banking transaction, you may call Liberty Savings Bank at 800.436.6300 or write a letter and send it to:
Liberty Savings Bank, FSB
Attention: Operations – Online Banking
2323 Stickney Point Rd.
Sarasota, FL 34231
We must hear from you at the specified telephone number or address no later than sixty (60) calendar days after we sent you the first statement on which the problem or error appeared. We will need:
- Your name and account number
- A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information
- The dollar amount of the suspected error
- The date on which it occurred
If the report is made orally, we may require that you send the complaint or question in writing within ten (10) Business Days from your initial contact. We will notify you with the results of the investigation within ten (10) Business Days after you contact us and will correct any error promptly. If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) calendar days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) Business Days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) Business Days from your original contact, we may not credit your account until the investigation is completed.
If your notice of error concerns a transaction on a new account that occurred during the first 30 days after the first deposit to the account was made, the applicable time periods are 20 Business Days in place of 10 Business Days and 90 calendar days in place of 45 calendar days.
If we determined that no error occurred, we will send you a written notice within three (3) Business Days. You may request copies of the documents that were used in the investigation.
You agree that Liberty Savings Bank may respond to you by e-mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by Liberty Savings Bank shall be considered received within three (3) Business Days of the date sent by Liberty Savings Bank.
LIMIT OF LIBERTY SAVINGS BANK’S RESPONSIBILITY
Liberty Savings Bank agrees to make reasonable efforts to ensure full performance of Online Banking. Liberty Savings Bank will be responsible for acting only on those instructions sent through Online Banking which are actually received, and cannot assume responsibility for circumstances over which the bank has no direct control. This includes but not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send. Liberty Savings Bank is not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.
Any information you receive from Liberty Savings Bank is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. Liberty Savings Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.
Liberty Savings Bank is not responsible for any fees incurred for Internet access, or for any computer virus or related problems that may be attributable to services provided by any Internet access service provider.
You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking. Liberty Savings Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
The limit of Liberty Savings Bank’s liability shall be as expressly set forth herein. Under no circumstance will Liberty Savings Bank be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable. By consenting to use the Services, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.
LIBERTY SAVINGS BANK’S RESPONSIBILITY
Liberty Savings Bank will be responsible for your actual losses if they were directly caused by our failure to:
- Complete an Electronic Funds Transfer as properly requested
- Cancel an Electronic Funds Transfer as properly requested
However, we will not be responsible for your losses if:
- Through no fault of Liberty Savings Bank, you do not have enough money in your account to make the transfer
- Through no fault of Liberty Savings Bank, the transaction would have caused you to exceed your available credit
- Circumstances beyond our control (e.g., fire, flood, power outage, mail delivery delays, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken
- There is a hold on your account, or if access to your account is blocked in accordance with banking policy
- Your funds are subject to legal process or other encumbrance restricting the transfer
- Your transfer authorization terminates by operation of law
- You believe someone has accessed your accounts without your permission and you fail to notify Liberty Savings Bank within the prescribed time frame
- You have not properly followed the scheduling instructions, included in this Agreement, to make a transfer
- We have a reasonable basis for believing that unauthorized use of your password or account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with us, or if we or you terminate this Agreement
There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.
If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
ELECTRONIC MAIL (EMAIL)
If you send Liberty Savings Bank an electronic mail message through the Service, Liberty Savings Bank will be deemed to have received it on the following Business Day. Emails will be answered within a reasonable timeframe.
You should not rely on electronic mail if you need to communicate with Liberty Savings Bank immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur).
You agree that Liberty Savings Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by Liberty Savings Bank shall be considered received within three (3) days of the date sent by Liberty Savings Bank, regardless of whether or not you sign on to the Service within that time frame.
Liberty Savings Bank will never email you and ask for personal confidential information such as account number, social security number, Access ID, or password. If you ever receive an email requesting such, contact FreedomLine immediately at 800.436.6300.
OTHER AGREEMENTS
In addition to this Agreement, you and Liberty Savings Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at Liberty Savings Bank, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures. All terms and conditions of the disclosures provided to you at account opening, including but not limited to, the Truth in Savings, Regulation E Disclosure, Regulation CC Expedited Funds Availability Disclosure, Depositor’s Agreement and Terms and Conditions apply to this Service.
MODIFICATIONS TO THIS AGREEMENT
Liberty Savings Bank may modify the terms and conditions applicable to Online Banking and Online Bill Pay from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions may be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
INACTIVITY/TERMINATION OF ONLINE BANKING PRIVILEGES
You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your Online Banking privileges under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing.
We may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive one hundred eighty (180) day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.
To cancel the Online Banking, you must notify Liberty Savings Bank. Your notification should include your name, address and the effective date to stop the service(s). You may notify Liberty Savings Bank by one of the following methods:
- By calling 800.436.6300
- By writing a letter and sending it to:
Liberty Savings Bank, FSB
Attention: Operation – Online Banking
2323 Stickney Point Rd.
Sarasota, FL 34231
GOVERNING LAW
This Agreement is governed by the laws of the State of Florida and applicable federal law(s).
FEES
Liberty Savings Bank offers the benefits and convenience of the Online Banking service to you at no monthly charge. Account research, stop payment charges, Online Bill Pay, and other charges will be assessed at the rates published in Liberty Savings Bank’s Service Fee Schedule and deducted from an account you hold at Liberty Savings Bank. In addition, fees may be deducted from your account by CheckFree®, our Online Bill Pay Service Provider. These fees may include fees for non-sufficient funds and stop payments placed through the Service Provider.
These fees are subject to change. Liberty Savings Bank will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes.
I Accept
