LEGAL INFORMATION
The information in the Desjardins Bank web site is protected by
different copyright in the United States of America and other countries.
Additionally, certain information may be copyrighted by others. In any
case, unless authorized in writing by Desjardins Bank, no one has the
permission to copy, reproduce, or distribute any information contained
in the Desjardins Bank web site.
Any one is permitted to view the Desjardins Bank web site for
information purpose only.
This agreement describes your rights and obligations as a user of the
Online Banking Service (“Service”). It also describes the rights and
obligations of Desjardins Bank N.A. (“Bank”). Please read this Agreement
carefully. As an authorized accountholder 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. We request that you read and
fully understand this agreement prior to using the Service.
CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC
COMMUNICATIONS.
By signing the Online Banking Service Application, you are acknowledging
your receipt of the Online Banking Terms and Conditions Agreement. You
also agree that:
You are also acknowledging receipt of the following information and
agree that:
- Any contract you enter into with the Bank for the provision of
certain Online Banking Services may be in electronic form, and that
certain information that may be delivered in connection with the
Service may also be in electronic form.
- 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 Regulations 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 Service. You may print and retain a copy of the Agreement or any
information provided to you in relation to the Service. These
documents are also available in any of our branches.
- You have a right at any time to withdraw, without service
charges, your consent to receive information electronically.
However, your withdrawal of consent will terminate the
Service.
- If you wish to withdraw consent to receive information
electronically, to terminate the Service or to update your
information such as a change of address, or email address, you may
call the Bank at 1-800-454-5058 (or at 1-954-454-1001 if you are not
able to dial into a US toll free number), or write a letter and send
it to:
Desjardins Bank
Attention Online Banking
1001 East Hallandale Beach Blvd.
Hallandale Beach, FL 33009
- You are able to access information that is provided in the same
manner as information and Service via the Internet.
DEFINITIONS The following definitions apply in this
Agreement.
“Online Banking” is a Internet-based service providing access to your
account(s) under the terms set forth in this Online Banking Terms and
Conditions Agreement.
“Online Account” is a Bank account from which you will be conducting
transactions using a Service.
“Business Day” refers to Monday through Friday, excluding holidays as
determined by the Bank. All Online transactions requests received after
7:00 p.m. EST, or on a non-Business Day, will be processed immediately,
but will not appear in the Online history until the following Business
Day.
“Password”, is a series of numbers and/or letters that you select after the
initial sign-on, that establishes your connection to the Service. The
Bank will provide you with a code for use during the initial sign-on
process.
“Time of day” references are to Eastern Standard Time.
“We”, “us”, “our” or “Bank” refer to Desjardins Bank N.A., which offers
the Service provided under this Agreement and holds the accounts
accessed by the Service.
ACCESS TO SERVICE
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 and your Password. A personal computer and a modem are
required to get access to Service. You must use Internet Service
Provider software products, and must load and make operational any
future upgrades in your computer at your expense.
HOURS OF OPERATIONS
The Service is generally available 24 hours-a-day, 7 days a week, except
during special maintenance and upgrade periods.
USE OF YOUR SECURITY PASSWORD
The safety of our customers’ accounts and account information is of
paramount importance to the Bank. We go through 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 Service or to
let anyone know your Password used with the Service. You agree to assume
responsibility for all transactions initiated through the Service with
the Bank User-ID, up to the limits allowed by applicable law. While the
Bank continues to provide our customers with the level of Online
security we believe necessary and appropriate, customers who share their
User-IDs and Passwords are giving up the full benefits of our security
measures and legal protections to which they may be entitled. No Bank
representative will ever call and ask for your Access ID or User
Password.
ONLINE BANKING
ELECTRONIC FUND TRANSFERS
YOUR RIGHTS AND RESPONSIBILITIES
Indicated below are types of Electronic Fund Transfers we are capable of
handling, some of which may not apply to your account. Please read this
disclosure carefully because it tells you your rights and obligations
for the transactions listed. You should keep this notice for future
reference.
Online Banking computer transfers - types of transfers and charges. You
may access your account(s) by computer using your personal
identification number and your account numbers to:
Please also see Limitations on frequency of transfers section
regarding limitations that apply to Online Banking computer
transfers.
Limitations on frequency of transfers. In addition to those
limitations on transfers elsewhere described, if any, the following
limitations apply:
- Statement Savings Accounts: transfers from a statement savings
account to another account or third parties by preauthorized,
automatic , telephone or Online Banking computer transfers are
limited to six (6) per monthly statement cycle with no more than
three (3) by debit card, or similar order to third parties.
- Money Market Accounts: transfers from a money market account to
another account or third parties by preauthorized, automatic ,
telephone or Online Banking computer transfers are limited to six
(6) per monthly statement cycle with no more than three (3) by
check, draft, debit card, or similar order to third parties.
- For security reasons there are other limits on the number of
computer transfers you can make with Online Banking.
FEES
We will charge consumers a one-time setup fee of $ 25.00 for the
Online Banking service. Access to the Online Banking service will
have an additional $ 10.00 monthly fee for business accounts. Except
as indicated elsewhere, we do not charge for these electronic fund
transfers. Account research, stop payment charges and other
miscellaneous services will be assessed at the rates published in
the Bank’s miscellaneous Service Charge Schedule and in the
Understanding your Deposit Account brochures and deducted from your
assigned account at the Bank. These fees are subject to change, Bank
will notify you in writing regarding any fee changes at least 30
days in advance of the effective date of these changes.
DOCUMENTATION
Periodic statements.
- You will get a monthly account statement from us for your
checking NOW, Super NOW or Money Market accounts.
- You will get a monthly account statement from us for your
statement savings accounts, unless there are no transfers in a
particular month. In any case, you will get a statement at least
quarterly.
FINANCIAL INSTITUTION LIABILITY
Liability for failure to make transfers. If we do not complete a
transfer to or from your account on time or in the correct
amount according to our agreement with you, we will be liable
for your losses or damages. However, there are some exceptions.
We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in
your account to make the transfer.
- If you have an overdraft line and the transfer would go over the
credit limit.
- If circumstances beyond our control (such as fire or flood)
prevent the transfer, despite reasonable precautions that we have
taken.
- There may be other exceptions stated in our agreement with you.
UNAUTHORIZED TRANSFERS
(a) Consumer liability. Tell us AT ONCE if you believe your card
and/or code has been lost or stolen. Telephoning is the best way of
keeping your possible losses down. You could lose all the money in your
account (plus your maximum overdraft line of credit). If you tell us
within 2 business days, you can lose no more than $ 50.00 if someone
used your Access ID and/or password without your permission.
If you do NOT tell us within 2 business days after you learn of the loss
or theft of your Access ID and/or password, and we can prove we could
have stopped someone from using your Access ID and/or password without
your permission if you had told us, you could lose as much as $ 500.00.
Also, if your statement shows transfers that you did not make, tell us
at once. If you do not tell us within 60 days after the statement was
mailed to you, you may not get back any money you lost after the 60 days
if we can prove that we could have stopped someone from taking the money
if you had told us in time.
If a good reason (such as long trip or a hospital stay) kept you from
telling us, we will extend the time periods.
(b) Contact in event of unauthorized transfer. If you
believe your Access ID and/or password has been lost or stolen or that
someone has transferred or may transfer money from your account without
your permission, call or write us at the telephone number or address
listed in this Agreement.
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure about, and
explain as clearly as you can why you believe it is an error or why
you need more information.
- Tell us the dollar amount of the suspected error.
ERROR RESOLUTION NOTICEIn Case of Errors or Questions
About Your Electronic Transfers, Call or Write us at the telephone
number or address listed in this agreement, as soon as you can, if you
think your statement or receipt is wrong or if you need more information
about a transfer listed on the statement or receipt. We must hear from
you no later than 60 days after we sent the FIRST statement on which the
problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure about, and
explain as clearly as you can why you believe it is an error or why
you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or
question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (20
business days if the transfer involved a new account) after we hear from
you and will correct any error promptly. If we need more time, however,
we may take up to 45 days (90 days if the transfer involved a new
account, a point-of-sale transaction, or a foreign-initiated-transfer)
to investigate your complaint or question. If we decide to do this, we
will credit your account within 10 business days (20 business days if
the transfer involved a new account) 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 or question in writing and we do not receive it within 10
business days, we may not credit your account. Your account is
considered a new account for the first 30 days after the first deposit
is made, unless each of you already has an established account with us
before this account is opened.
We will tell you the results within three business days after completing
our investigation. If we decide that there was no error, we will send
you a written explanation.
You may ask for copies of the documents that we used in our
investigation.
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Desjardins Bank
Attention Online Banking
1001 East Hallandale Beach Blvd.
Hallandale Beach, FL 33009
Business days: Monday through Friday
Excluding Federal Holidays
Phone: 1-800-454-5058 or 1-954-454-1001 |
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST
BANKING TRANSACTIONS WITH ONLINE BANKING
To have access to the Service you must be an authorized user of the
Software you select, and have one or more eligible accounts with the
Bank. Consumers and businesses eligible accounts include checking,
savings, money market, certificates of deposit, installment loans,
mortgages and line of credits. The Service will enable you to perform the following type of
transactions:
- Transfer Funds Between Eligible Accounts
- Review Transactions on Eligible Accounts
- Obtain Balance Information on Eligible Accounts.
Eligible accounts means any account opened in your name with the Bank
where not more than one (1) signature is required to make any
withdrawals, checks, transfers or other types of debits.
New services may be introduced for Online Banking from time to time. The
Bank will notify you of the existence of this 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.
LIMIT OF BANK RESPONSIBILITY
We agree to make reasonable efforts to ensure full performance of Online
Banking. We 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. We are 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 us is believed to be reliable. However,
it can only be provided on a best-efforts basis for your convenience and
is not guaranteed. We are 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.
We are 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. We will not be responsible for any errors or failures
from the malfunction or failure of your hardware or software.
The limit of the Bank’s liability shall be as expressly set forth
herein. Under no circumstances will 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.
ELECTRONIC MAIL (EMAIL)
E-mail transmissions are not secure. For this reason, the bank requests
that you do not e-mail us any sensitive information such as account
numbers, financial information, passwords, etc.. Under No circumstances
will a Bank employee contact you to request your Password or other
personal information, by e-mail or by other type of contact. We request
that you do not respond to any such request even if the person states to
represent the Bank.
If you send us an electronic mail message through the Service, we will
be deemed to have received it on the following Business Day. Emails will
be answered within a reasonable time frame.
You should not rely on electronic mail if you need to communicate with
us 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 we 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 us shall be considered received within 3
days of the date sent by us, regardless of whether or not you sign on to
the Service within that time frame.
OTHER AGREEMENTS
In addition to this Agreement, you and the 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 the 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 and the fees
section in this agreement. We will automatically deduct any fees related
to this Service from your designated account with the Bank each month,
or at the time the Service is set up. All terms and conditions of the
disclosures provided to you at account opening, including but not
limited to, the Truth in Savings, Regulation E ( Electronic Transfers)
Disclosure, Funds Availability, Terms and Conditions included in the
Understanding Your Deposit Account brochure.
MODIFICATIONS TO THIS AGREEMENT
The Bank may modify the terms and conditions applicable to the Service
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 shall 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 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
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
will promptly notify you if we terminate this Agreement or your use of
the services for any other reason.
If you do not have any transaction scheduled through the Service during
any consecutive 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 Service , you must notify the Bank. Your
notification should include your name, address, and the effective date
to stop the Service. You may notify the Bank by one of the following
methods.
- By initiating a customer inquiry through our Web site
- By calling us at 1-800-454-5058 (or at 1-954-454-1001 if you are
not able to dial into a US toll free number)
- By writing a letter and sending it to:
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Desjardins Bank
Attention Online Banking
1001 East Hallandale Beach Blvd.
Hallandale Beach, FL 33009 |
GOVERNING LAW
This Agreement is governed by the laws of the State of Florida and
applicable federal law(s). If any provision of this agreement in
unenforceable in any other jurisdiction, such unenforceability will not
affect the enforceability of such provision in another jurisdiction or
any other provision in that or any other jurisdiction.
This agreement supersedes any marketing or other similar material
referring to the Service previously delivered to you verbally or in
writing.
NOTICE OF YOUR FINANCIAL PRIVACY RIGHTS
This is our privacy notice for our customers. When we use the words
“you” and “your” we mean the following types of customers:
All of our consumer customers who have a continuing relationship with
us, such as:
- Deposit account
- Loan account
- Safe deposit box
We will tell you the sources for nonpublic personal information we
collect on our customers. We will tell you what measures we take to
secure that information.
We first define some terms.
We, our, and us means Desjardins Bank N.A.
Nonpublic personal information means information about you that
we collect in connection with providing a financial product or service
to you. Nonpublic personal information does not include information that
is available from public sources, such as telephone directories or
government records.
An affiliate is a company we own or control, a company that owns
or controls us, and a company that is owned or controlled by the same
company that owns or controls us. Ownership does not mean complete
ownership, but means owning enough to have control.
A nonaffiliated third party is a company that is not an affiliate
of ours.
THE INFORMATION THAT WE COLLECT
We collect nonpublic personal information about you from the following
sources:
- Information we receive from you on applications or other forms
- Information about your transactions with us
- Information from a consumer reporting agency
We do not disclose any nonpublic personal information about you to
anyone, except as authorized by law.
THE CONFIDENTIALITY, SECURITY AND INTEGRITY OF YOUR NONPUBLIC
PERSONAL INFORMATION
We restrict access to nonpublic personal information about you to those
employees who need to know that information to provide products or
services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard your nonpublic
personal information.
NONPUBLIC PERSONAL INFORMATION AND NONAFFILIATED THIRD PARTIES
Since we value our customer relationship with you, we will not disclose
your nonpublic personal information to nonaffiliated third parties,
except as permitted by law.
NONPUBLIC PERSONAL INFORMATION AND FORMER CUSTOMERS
We do not disclose nonpublic personal information about former
customers.
Last revised 03-01-04
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