Personal Internet Banking Disclosures

Please read the following Terms and Conditions associated with Avidia Bank's Internet Banking service. To apply for the service, please click the bottom of the page and print your application.

Avidia Bank's Personal Internet Banking Service Agreement, Terms and Conditions, and Disclosures

This Agreement and these Terms and Conditions and Disclosures apply to any Internet electronic banking services that you receive from Avidia Bank, including bill payment services offered by Avidia Bank via its Internet Banking Service. Avidia Bank reserves the right to modify any of these Terms and Conditions at any time, notice of which will be provided to you as required by applicable law. Your use of the Internet Banking Service constitutes your agreement to these Terms and Conditions and any modifications thereof. Except to the extent that they conflict with this Agreement and these Terms and Conditions our Truth-in-Savings Disclosures, and Avidia Bank's Electronic Fund Transfer Disclosure shall apply to the Internet Banking Service. This Agreement shall remain in effect until you (a) close your Designated Account (defined below) or (b) notify us that you wish to discontinue use of the Internet Banking Service and we have a reasonable opportunity to act upon your notice.

The Internet Banking Service allows you to pay bills, obtain account balances and transaction information, transfer funds between certain accounts, and send to and receive from Avidia Bank electronic mail ("e-mail"). The services made available to you through the Internet Banking Service may be provided to you by third parties on behalf of Avidia Bank.

Your Avidia Bank Accounts

You agree to maintain at least one Avidia Bank checking account as long as this Agreement is in effect. If you enroll in Avidia Bank's bill payment service, you must submit a Avidia application and you must designate one of your Avidia Bank checking accounts from which we are to make payments on your behalf. The checking account you select for bill payments is your Designated Account. Your Designated Account shall remain subject to the terms and conditions governing your deposit accounts at Avidia Bank. You may not designate a savings account or money market account for bill payments. Please retain a copy of the Avidia application you submit, as it constitutes your written authorization for us to debit your Designated Account when we make transfers or payments to merchants on your behalf.

When you enroll in the Internet Banking Service, you will select a User Name and Password to gain access to the Internet Banking Service. These are for your personal use and you agree to keep your User Name and Password confidential in order to prevent unauthorized access to your accounts. Contact us immediately if you believe that someone has obtained your password or may have access to your accounts without your permission. Telephoning us at 1-800-508-BANK is the best way of minimizing your losses. We may also require that you notify us in writing. If you forget your password, call us at (800) 508-BANK (2265) and we will issue the User a new temporary password. Please refer to your Electronic Fund Disclosure for further information on unauthorized use and error resolution.

Each owner of a joint account who enrolls in the Internet Banking Service and obtains a password may use the Internet Banking Service to make transfers and bill payments. Each owner of a joint account who uses the Internet Banking Service is jointly and severally liable for all transactions from the joint account, including transfers and bill payments from the joint account. If you permit other persons to use your password to make transfers or bill payments using the Internet Banking Service, you are responsible for any transactions they initiate.

Transfers

You may use the Internet Banking Service to make transfers between any eligible Avidia Bank accounts. Transfers are counted against the permissible number of transfers from your account(s). Transfers and withdrawals from a Money Market or Savings account to another account or to third parties by preauthorized, automatic, telephone, or computer transfer are limited to six per statement cycle. Transfers or withdrawals by check, draft, debit card or similar order to third parties are limited to three and are counted as part of the permissible number of transactions.

Bill Payment Services

To pay bills using the Internet Banking Service, you must use a computer to authorize a payment from the Designated Account. Your payment will be made either by transferring funds to the merchant by electronic means or by sending a paper draft from the Designated Account payable to the merchant. You authorize us and any third party acting on our behalf to choose the most effective method to process your payment, including without limitation, electronic, paper or some other means. You agree that your Password is your signature authorization for any payments made using the Internet Banking Service.

You may use Avidia Bank's bill payment service to make payments to any merchant with an address in the United States that agrees to accept payments in this manner. You may not use the bill payment service to transmit child support, alimony or other court-directed payments; to pay taxes or make other payments to government agencies; or to make payments to individuals. For your protection, Avidia Bank reserves the right to limit the frequency and amount of bill payments made each day from your Designated Account and to refuse to make payments to certain payees which reasonably appear to us to be fraudulent or erroneous.

You may use the Internet Banking Service to authorize automatic payments to pay recurring bills or to make recurring transfers from one Avidia Bank account to another, provided that the payments or transfers are for the same amount each month and are to be made on the same calendar day of each month.

Scheduling Payments and Transfers

It is your responsibility to schedule payments and transfers using the Internet Banking Service so that your bills are paid on time. You should schedule your payments at least seven business days in advance of the date on which your payment is actually due, not including any grace period. The date the merchant credits the payment depends upon the merchant's payment processing procedures, and Avidia Bank will not be responsible for any delays in crediting payments which result from the merchant's payment processing procedures. You are responsible for any late payment or finance charges that may be imposed because of your failure to schedule payments at least seven business days in advance.

Payment and Transfer Cancellation and Modification

You may cancel or modify a payment request or transfer by transmitting the cancellation or modification at least 7 business days prior to the date on which the payment or transfer was scheduled to be made. If your request to cancel or modify a payment is not received by us at least 3 business days before payment is to be made, you may be responsible for the payment. Cancellation or modification of a recurring payment or transfer instruction will affect all future payments or transfers associated with the payment or transfer request. Payments may not be cancelled or modified once they have been processed.

Payment and Transfer Authorization

When you transmit a payment or transfer instruction, you authorize us to debit the Designated Account accordingly. You agree to maintain in the Designated Account sufficient funds to cover all payments and transfers that you instruct us to make on your behalf. If there are not sufficient funds in your Designated Account on the day a payment or transfer is scheduled, you agree that we may either refuse to make the payment without incurring any liability to you or make the payment and overdraw the Designated Account. You are responsible for any non-sufficient funds or overdraft charges we may impose, as stated in the Terms and Conditions of Your Deposit Account, as well as for the amount of any overdraft.

Confirmation of Payments and Transfers

Each time you properly enter payment or transfer instructions and your Password, you are authorizing us to process your request in accordance with your instructions. Payment or transfer requests that are properly initiated will appear on the "Pending Payments List" screen for confirmation. We will process each payment or transfer request that you confirm that appears on the "Pending Payments List" screen. If you have a printer, you should print a copy of the "Pending Payments List" screen for your records. If you do not have a printer, you may call or write to us to obtain a record of your authorized payment and transfer requests.

If you have been notified of our refusal or inability to make a payment or you do not follow the instructions that we provide to you for initiating payments or transfers, you will bear full responsibility for all late fees, finance charges and other damages that you incur, and we will not be liable for any such amounts.

E-mail

You may use the Internet Banking Service to send us e-mail and to receive e-mail from us. Because we will not immediately receive e-mail that you send, you should not use e-mail if you need to communicate with us immediately (for example, to make stop payment requests or notify us of lost or stolen ATM cards or passwords). We will not act upon your e-mail requests until we actually receive them and we have a reasonable amount of time to act upon them. Please note that information sent via e-mail is not secure. Therefore we do not recommend that you use e-mail to submit any confidential information. Since we can usually retrieve your account number or Social Security number using your name if we need to, providing such information by e-mail is unnecessary. Similarly, the bank will not send any confidential information, such as passwords or account balances, by e-mail.

Also, please note that for security reasons we do not accept account maintenance requests, such as address changes or account title changes, via e-mail. Account maintenance requests may be made by telephone or in writing to our Customer Service Center.

Fees

You agree to pay us fees for your use of the Internet Banking bill payment feature in the amounts listed in Avidia Bank's Schedule of Fees, as it may be amended from time to time. You hereby authorize us to deduct all fees that you owe from your Designated Account or, if there are not sufficient funds in your designated account, from any other account that you maintain with us.

Liability Limitations

If we do not complete a transfer or bill payment on time or in the correct amount, we may be liable for late payment or finance charges or other damages that you incur as a result. We will not be liable to you if, for instance:

  • Your bill payment request does not appear on the Pending Payments List at the time you initiate or modify a bill payment request;

  • Through no fault of ours, your Designated Account does not contain sufficient available funds to complete the payment or transfer or if the payment or transfer would cause you to exceed the credit limit on the Designated Account's overdraft line;

  • The funds in your Designated Account are subject to legal process or other encumbrances restricting such payment or transfer;

  • Your subscription to the Internet Banking Service has been terminated for any reason;

  • The Internet Banking Service, our equipment, or any communications link is not functioning properly and you should have known about the malfunction before scheduling the transfer or payment or, in the case of an automatic or recurring payment or transfer, at the time such payment or transfer should have occurred;

  • Your computer, modem or software is not functioning properly;

  • You have not provided us with the correct information regarding the merchants to whom you wish to make bill payments or the accounts to which you wish to make transfers, or you do not follow the procedures in this or any other agreement with us for requesting a bill payment or transfer;

  • A merchant mishandles or delays crediting any payments sent by us on your behalf; or

  • Circumstances beyond our control (such as, but not limited to telecommunications outages or interruptions, postal strikes, fires, floods, or interference from an outside source, including delays caused by merchants) prevent completion of the payment or transfer request, despite reasonable precautions we have taken to avoid these circumstances.

New Services

We may from time to time introduce new services or enhance existing services available through the Internet Banking Service. We shall notify you of these new or enhanced services. By using these new services when they become available, you agree to be bound by the terms and conditions relating to these services, notice of which will be sent to you, if required by applicable law, prior to their release.

Termination of Services

We reserve the right to terminate this Agreement and your right to use the Internet Banking Service at any time and for any reason. Such termination may be without prior notice to you, but we will notify you of termination by mail at your last listed address. If either you or we terminate this Agreement and your use of the Internet Banking Service, we will not be required to complete any payment or transfer requests but we may do so unless you cancel the payment or transfer requests in accordance with these Terms and Conditions. You will remain responsible for all payments and transfers, even if they occur after this Agreement is terminated.

Customer Service Information

For questions concerning your account or account statement, contact us at 1-800-508-BANK, 24 hours a day 7 days a week or e-mail us at: webhelp@avidiabank.com. For questions concerning bill payment processing and technical support only, contact Customer Service at 1-800-508-BANK.

By printing this application I\we certify that I\we have read and understand the above disclosure. I\we agree to the terms and conditions outlined in the Avidia Bank's Personal Internet Banking Service Agreement, Terms and Conditions, and Disclosures as stated above. Once this application has been accepted by Avidia Bank I\we agree to the rules and fees associated with the use of Avidia Bank's Internet Banking services.