Individual Internet Banking Agreement

Strategic Bank Individual Internet Banking Agreement

Individual Internet Banking Agreement

Welcome to our digital bank and thank you for opening an account with us.

The first time you access your accounts through Internet Banking, you agree to be bound by the terms and conditions of this Internet Banking Agreement (“Agreement”) and acknowledge its receipt and your understanding of its terms.

Introduction

This Agreement explains the terms and conditions for accessing accounts and conducting transactions at Strategic Bank International, Corp. (“Strategic”, “we”, “us” and “our”) via our online Internet Banking site (“Internet Banking”). As used in this Agreement, the terms “you ” and “your” refer to each person accessing the Internet Banking Application.

Benefits of Strategic Bank

Through Strategic, you can manage your accounts from your home or office on a personal computer. Internet Banking can be used to conduct any of the following “Online Financial Services”:

Obtain balances and transaction histories on your accounts (All account balances and transaction histories reflect activity through the close of the previous banking day); transfer money between your accounts (The number of transfers you can make from accounts may be limited as described in the applicable account agreement. In addition, if a hold is placed on any funds deposited in an account, you may not transfer the portion of funds being held until that hold expires.).

Strategic may, from time to time, introduce new Online Financial Services. By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.

Security & Protecting Your Account

We are strongly committed to protecting the security and confidentiality of your information. We use several techniques to help secure our Internet Banking service, including the following:

  • You can only access Strategic with certain browsers that have a high security standard.
  • Your account numbers are never displayed in full.
  • You must have a valid Internet Banking ID and strong password to logon.
  • If no action is taken for 10 minutes, you will be automatically logged off the Internet Banking service.

Requirements

To access Online Financial Services you must have compatible software, an Internet Banking Access ID, a password and one or more of the following eligible accounts at Strategic:

  • Savings
  • Time Deposit
  • Loan

Online Password

Your Password will give you access to Strategic accounts via Internet Banking and we may act on any instructions we receive using your password. For security purposes, it is recommended that you memorize your password and do not write it down. We also recommend that you change your password regularly to try and avoid misappropriation by a third party. Your password can be changed at our Internet Banking site. You are responsible for keeping your password and account data confidential. When you give someone your password, you are authorizing that person to use Internet Banking and the Online Financial Services. You are responsible for all transactions performed using your password, even if you did not intend or authorize them.

Accessibility

You can usually access Online Financial Services seven (7) days a week, twenty-four (24) hours a day. However, at certain times, some or all of Internet Banking or Online Financial Services may not be available due to system maintenance or reasons beyond our control. Strategic does not warrant that Internet Banking or Online Financial

Services will be available at all times. When unavailable, you may contact us at 1-877-533-5595 to conduct your transactions. An Online Financial Service transaction initiated prior to ______ PM (Atlantic Standard Time) on a banking day is posted to your account that day. All transfers completed after ____ PM (Atlantic Standard Time), or on a non – banking day, will be posted the following banking day.

Restrictions

You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the Internet Banking or Online Financial Services. You may not gain, or attempt to gain, access to any Internet Banking and/or Online Financial Service server, network or data not specifically permitted to you by Strategic, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with Strategic.

Responsibility

Strategic will not be liable for any transaction if: (i) you do not have enough money in your account to complete the transaction; (ii) a legal order prohibits withdrawals from your account; (iii) your account is closed or has been frozen; (iv) you, or anyone you allow, commits fraud or violates any law or regulation in connection with Internet Banking or Online Financial Services; (v) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vi) you did not provide us with complete and correct transfer information; (vii) you did not properly follow the instructions for use of Internet Banking or Online Financial Services; (viii) you knew that Internet Banking and/or the Online Financial Services were not operating properly at the time you initiated the transaction; (ix) or circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.

Unauthorized Transactions

You should notify us immediately if you believe anyone has improperly obtained your password or if you suspect any fraudulent activity in your account. If your password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. If you do not tell us within the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared. (If you notify us verbally, we may require that you send us your complaint or question electronically within ten (10) business days. If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays.

When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; and (iii) tell us the dollar amount of any suspected error.  Generally speaking, we will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of international transactions, after we hear from you.  However, we may take up to forty-five (45) days, or ninety (90) days in the case of international transactions, to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If we confirm an error, we will correct your account record within ten (10) business days, or twenty (20) business days in the case of an international transaction. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation.

Disclaimer of Warranty And Limitation Of Liability

We make no warranty of any kind, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Online Banking Services provided to you under this Agreement. We do not and cannot warrant that Online Banking Services will operate without errors, or that any or all Online Banking Services will be available and operational at all times.

Except as specifically provided in this Agreement, or otherwise required by law, you agree that Strategic, our officers, directors, employees, agents or contractors are not responsible or liable for any:

  • Damages (including but not limited to, direct, indirect, incidental, consequential or special damages).
  • Losses or expenses (including but not limited to, lost profits and loss of use, arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or time or system failure) even if Strategic, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Further, Strategic will not be responsible for any losses, expenses and/or damage, whether direct, indirect, special or consequential, caused by the unauthorized use of your password resulting from your disclosure of your password to any third party.

Use of hyperlinks to other Internet resources are at your own risk; the content, accuracy, opinions expressed and other links provided by these resources are not investigated, verified, monitored or endorsed by Strategic.

Electronic Mail (Email)

Sending Email is a very good way to communicate with us regarding your accounts or the Online Financial Services. However, your email is actually sent via your own software and may not be secure. Because of this, you should not include confidential information, such as account numbers and balances, in any email to Strategic. You cannot use email to initiate Online Financial Service transactions. All such transactions must be initiated using the appropriate functions within the Internet Banking site. We will not be liable for any errors, omissions, claims, or problems of any kind involving your email.

Virus Protection

Strategic is not responsible for any electronic virus that you may encounter using the Online Financial Services. We encourage you to routinely scan your computer using a reliable virus protection product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.

Damages and Warranties

In addition to the terms previously disclosed, Strategic is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by Internet Banking or the use of the Online Financial Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Strategic. In addition, Strategic disclaims any responsibility for any electronic virus(es) Customer may encounter after installation of such software or use of Internet Banking or the Online Financial Services. Without limiting the foregoing, Strategic shall not be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond our reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss of confidentiality or security of any data while in transit via the Internet or communication lines.

Your Indemnification to us

You shall indemnify, defend and hold harmless Strategic and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) your own negligence; (ii) your failure to comply with applicable law; or (iii) your failure to comply with the terms of this Agreement. 

Termination and Changes in Terms

Strategic reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, we will notify you by sending you an e mail and/or 2) updating our web site.

Applicable Rules, Laws, and Regulations

This agreement is governed by the laws of Puerto Rico. Both of us agree that the laws of the Puerto Rico will apply to any dispute arising from this agreement.

We reserve the right to have mandatory arbitration of any dispute between us in the location we determine.

Any judicial proceeding will take place in the courts of Puerto Rico.

Integration

This Agreement constitutes the entire understanding of the parties with respect to the Internet Banking. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Strategic.

Waiver

Strategic shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by us of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.

Force Majeure

Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, lightning, power surges or failures, flood, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control.

Once this Agreement is terminated, Strategic will not allow any additional transactions on the account.