Business Online Banking Agreement
This AGREEMENT, is made between The Harbor Bank of Maryland (the “Bank,” HBM) and the “Company.”
Introduction
This Agreement (the agreement) governs your use of Online Banking service (service). By subscribing to the service or using the service, you agree to the terms of this agreement. Please read this agreement carefully and in its entirety. The Harbor Bank of Maryland suggests you print a copy of this agreement.
Available Service
Subject to the terms of this Agreement, the Services are generally available 24 hours a day, seven days a week except for outages for maintenance and circumstances beyond our control. Live customer service generally will be available Monday through Friday, excluding US bank holidays.
DEFINITIONS
The following definitions apply in this agreement.
We, us, our, Bank or HBM refers to The Harbor Bank of Maryland and any agent, independent contractor, designee or assignee HBM May, in its sole discretion, involve in the provision of the service.
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You or your refers to the individuals, corporations, partnerships, limited liability companies and sole proprietorships subscribing to or using the service.
Account(s) refers to your eligible checking, savings, money market, loan, line of credit, credit card, prepaid card account or mortgage account you have with HBM. Some of your accounts may not be eligible for certain transactions using the service.
Account agreement(s) means any account agreement, such as the Bank Account Agreement, or other applicable agreement, as amended from time to time, relating to a deposit account, loan or other relationship you have with us.
Administrator means an individual designated by you who has the same access rights to use the services as you.
Affiliate means, with respect to any person, another person who directly or indirectly owns or controls such person, is owned or controlled by such person or is under common ownership or control with such person; and the term also includes each of such persons' senior executive officers, directors, executives, managers, members or partners.
Applicable law means, as to any person, a requirement imposed by any federal, state, local or other law, regulation, rule, ordinance, determination of an arbitrator, order of a court or determination, order, finding, advisory opinion, guideline or requirement of any other governmental authority, which is applicable to and binding upon such person, including without limitation, the laws, regulations and orders administered by the Office of Foreign Assets Control (OFAC), and the Financial Crimes Enforcement Network (FinCEN).
Authentication token means: (i) a code, soft token or other virtual version of a security device or measure; or (ii) a hard token or other hardware key or physical security device; and either or both of the foregoing may be used to authenticate and authorize a user or the device used to access a service and to conduct transactions, and may or may not be used in connection with a password.
Business account means an account established by a sole proprietor, corporation, limited liability company or partnership for a business purpose.
Company means any entity enrolling in or using the service, such as a corporation, partnership, limited liability company and sole proprietor.
Online banking means the Internet application through which you may access the service.
Business day(s) means Monday through Friday, except Federal Reserve holidays.
Combined service means both commercial and consumer accounts may be accessed by using the service.
Non-HBM account(s) refers to your checking or savings account at another financial institution.
Service(s) refers to collectively, any or all online banking services, described in this agreement, which allows you to electronically access account and transaction information, transfer funds, originate transactions and pay bills on an electronic device.
Service charge account means the account to be charged for all applicable fees and charges associated with the services. Refer to the Business Schedule of Fees.
TERMS & CONDITIONS
System Requirements
Online Services provides you with the convenience and flexibility to perform certain banking transactions and functions for designated Account(s) through internet access on your personal computer or via a wireless handheld device. You must meet the following minimum software and hardware requirements for each device you use to access Online Services:
Internet Explorer 9 or higher
Firefox 52.0 or higher
Safari 10.0 or higher
Google Chrome 48.0 or higher
Microsoft Edge
Anti-virus and anti-malware protection.
If you decide not to maintain such hardware and software, you may cancel Online Services at any time.
Wire Transfers
If you have enrolled in the payments service, you may use the service to initiate wire transfers from your eligible business accounts. Only the authorized account owner may initiate wire transfers.
Applicable Law
All wire transfer orders (including any rights to modify or cancel such orders) are governed by UCC Article 4A, except where modified by this agreement or superseded by any applicable funds transfer system rule, pursuant to UCC section 4A-501. You agree to comply with and be bound by all the foregoing, as applicable.
Acceptance and Execution of Wire Transfer Orders
We will use our best efforts to execute any wire transfer instruction, which we agree to accept pursuant to this agreement, on the same business day it is received (or on the business day requested for future-dated wires), provided it requests a debit from an account you have designated for wire transfers, and we receive it in the required manner prior to any cut-off hour we may establish from time to time. Requests received after the established cut-off time, weekends or bank holidays will be deemed received on the next business day. We may handle transfer orders in any order in our sole discretion. We may choose any means, intermediaries or transfer systems to execute any wire transfer order. We will use reasonable efforts to send a written confirmation of each transfer order, and you must promptly review and report any problems to us.
We will be deemed to have accepted a transfer order only when we have fully executed it. We may return or reject any wire transfer request or impose conditions that must be satisfied before we will accept it, for any reason in our sole discretion and without any liability to you or any other person. In addition, a receiving bank, or the Federal Reserve Bank, may return or reject a wire transfer. We will have no liability to you or any other person by reason of the rejection of any wire transfer, unless such rejection is caused solely by our gross negligence, willful misconduct or criminal conduct.
Cancellations and Return Wire Requests
If you subsequently request cancellation or return of any wire transfer, we may, but are not obligated to, attempt to implement your instructions, but will have no liability to you or any other person for our inability or failure to do so, and in such case, you will remain obligated to us for the full amount of the original transfer order. You must reimburse us for any expenses, losses or damages we may incur in implementing or attempting to implement any such request. To request a wire transfer cancellation or return wire request, please call HBM eBanking Support.
Processing Schedule for Wire Transfers
Wire transfers are executed real-time throughout the business day, assuming the wire transfer has not been rejected by the service or returned/suspended by us due to insufficient, inaccurate or inappropriate wiring instructions. You acknowledge our right to reverse, adjust, stop payment or delay any transfer order subject to the rules, regulations, laws and operating circulars of any transfer system. Final cut-off for same day wire through the service are as follows:
Domestic Wire Transfers: 4:00 pm EST
Although you may submit wire transfers by using the service 24-hours a day, 7 days a week, wire transfers will be processed only on business days, subject to system availability.
Errors
You are solely responsible for accurately identifying in your transfer instructions the beneficiary and beneficiary's bank. If your instructions inconsistently identify a beneficiary by name and account number (i.e., if the name and account number at the beneficiary's bank do not match), you acknowledge the beneficiary's bank may credit payment based on the account number alone, notwithstanding the discrepancy. Similarly, if your instructions inconsistently identify the beneficiary's bank by name and bank routing/transit number, we may rely solely on the routing/transit number in executing the order. In either of the foregoing situations, we have no obligation to detect errors in or to question your instructions, and you assume all risks of any losses resulting there from. If we believe your instructions are ambiguous or may contain errors, in our sole discretion we may, but are not obligated to, delay the execution of any wire pending receipt of clarification from you.
Foreign Wires and Fees
If you request a wire transfer in US dollars to a beneficiary in a foreign country, we may make the transfer in the currency of that country pursuant to our normal procedures at our buying rate of exchange on or before the transfer date. Such exchange rate may differ from rates offered or published by other sources. You accept all risks of that country’s tax and banking laws, currency exchange rate fluctuations between the time you initiate a foreign wire request and the time it is completed. In addition to paying HBM 's foreign wire transfer fees, you shall be responsible for paying any and all fees charged by our correspondent banks, intermediary banks and paying agents for handling or forwarding an international wire transfer from HBM, some, if not all of which, may be deducted from the wire transfer proceeds.
Liability Related to Wire Transfer Services
If we fail or delay in executing a proper transfer order, or if we make a transfer in an amount greater or less than the amount requested, our liability to you will be governed and limited by UCC section 4A-305.
Representations and Warranties
Each time you, or any person you authorize, submit a wire transfer order to us, you represent and warrant that each transfer order complies with your obligations under this agreement and with all other applicable law.
SECURITY CONTROLS
Use of this service is your acceptance of the Security Controls, and agreement that the Security Controls are commercially reasonable for such potential access and transactions. Before accessing any service, you must provide information such as phone number and email address, and establish a combination of security measures such as user IDs, passwords, authentication questions where such information and security measures are used and combined with other authentication tokens, codes or security measures as we may advise, or require, you to use, as more specifically contained for each service in the (The Online Security measures such as, your information, and your choices of security comprise, and are referred to as, your “Security Controls”).
These Security Controls contain information provided by you. You agree that access, transfers, service initiation, and transaction initiation using valid Security Controls will be treated as authorized by you or your authorized agent and may be processed by the Bank. Any services or transactions initiated by providing the Bank your Security Controls will be considered as authorized by you or your agent, regardless of whether you intended those services to be initiated or transactions to be made from your account. You agree the Bank will not be liable for your failure to use required Security Controls. Failure to use advised Security Controls may significantly increase your risk of fraudulent transactions. You hereby indemnify the Bank for any liability, loss, cost, and expense, including but not limited to reasonable attorney’s fees, arising from such access, transfer, or transaction initiation made with your Security Controls, including such services or transactions not actually initiated or intended by you. Sharing, loss, theft, disclosure, or inadvertent access of your Security Controls may result in unintended access, transfers, services, or transactions. Unless otherwise expressly provided in this agreement, you assume all risks such potential losses or damages arising from use of your Security Controls, whether any such use was unauthorized or fraudulent, accidental, or inadvertent, by you or by someone you have authorized to use the Security Controls and exceeded that authority.
Multiple User Access Service Creating Administrators
If you have enrolled in our multiple user access service, you may designate one or more administrators. If you designate an administrator, your administrator will have the same rights to access and conduct transactions on your accounts as you do in the service. In addition, an administrator can change or delete other users and conduct transactions on your business accounts. Therefore, you should carefully select and oversee your administrators and limit the number of administrators you designate even though the administrator’s authority is established in and only resides in the service.
Your administrator can perform the following tasks on your behalf: (i) add and delete additional users; (ii) assign and re-set passwords; (iii) assign and modify limits to transaction levels (both daily and transactional) for all administrators and users; (iv) assign ability to view accounts; (iv) assign ability to conduct transactions; (v) make users inactive or active; (vii) modify/add/delete alerts and other services; (viii) view and conduct transactions on all accounts, including personal, business, and multiple entities. You represent and warrant all administrators and users have been authorized by all necessary action to act on behalf of the company. You must immediately inform us of a change in the person’s authorized to act on behalf of the company. Such notice must be given separately from any other notices given by contacting Online eBanking Services. Except as otherwise provided in this agreement for consumer accounts, HBM will have no liability to you for unauthorized payments and transfers made using the security keys you or your administrator assign that occur before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.
Creating and Terminating Users
You and your administrator(s) may add users to your Online account and provide each with unique security keys. For each user, you may designate the activity level for each account. You must immediately notify us if you terminate or restrict an administrator or a user access to the service for any reason, such as a termination of employment or a change in job roles. We will not be responsible for any losses you may incur resulting from a failure to notify us of such change, and your failure to deactivate any security keys in such person's possession.
User ID and Password Security Control Requirements
You will be asked to choose your personal user ID and password in accordance with the requirements and limitations of the Online Security Measures. You authorize us to follow requests placed in Online Banking using your user ID and password, except for wire and ACH where added Security Controls are required. You agree not to give or make available your user ID and password to any person. Sharing and disclosure of any Security Controls constitutes misuse. We may ask you to change your user ID and password from time to time for security reasons.
Authentication Security Controls
You will be presented with authentication question and prompted for responses. In addition, we may require you to use, one or more types of, authentication tokens or codes to verify your identity and the device you use to access the service, or to verify a specific transaction. We reserve the right to prevent access to the service and/or refuse to process any payment or transfer for security reasons, or if we suspect fraud. We will use the information provided to us to contact you in certain events and you are responsible for contacting us promptly. We will never ask you username or password when contacting your over the phone or email.
Confidentiality and Security Controls
You agree to establish and maintain commercially reasonable methods to protect the confidentiality and security of all Security Controls and information relating to their use. You are solely responsible to secure your Security Controls as you are authorizing us to allow access and initiate services and transactions when your information is provided through valid Security Controls. You should: (i) maintain security keys and related information with access limited to only those persons authorized to use the services; (ii) provide initial and ongoing instructions concerning confidentiality and security to such authorized persons; (iii) ensure that security keys are used only in a secure environment and only by such authorized persons; (iv) periodically change your information as we may require or as may otherwise be best practice; (v) disable, terminate, or change any individuals with access to your Security Controls whenever you terminate or restrict the right of a person to use any of them (e.g., when you terminate an employee or limit authority previously given relating to any Online Banking Service); (vi) notify us immediately by phone if you believe any Security Procedure has been lost, misplaced, stolen, or is in the possession of an unauthorized person, and upon our request, you will promptly confirm your call in writing;. You should never disclose information concerning Security Controls to anyone who is not authorized to use the services. You should change your Security Controls upon changes in persons with access.
Limitation of Liability Related to Security Keys and Unauthorized Transactions
Except as otherwise provided for consumer accounts, absent our actual knowledge of an attempted unauthorized use, we: (i) will allow any person using your Security Controls to access and use the service; and (ii) may receive information from, provide information to, and rely upon, act on and follow any instructions from any person using your Security Controls, and such instructions will be deemed effective as your instructions. Our records regarding the Security Controls used to access any service will be deemed conclusive and binding upon you, absent indisputable error. If an unauthorized person obtains access to any service through the use of your Security Controls, we will not be liable to you or any other person for permitting such access or for receiving information from, providing information to or relying upon, acting on or following instructions from such person (including, without limitation, instructions resulting in the loss of funds), unless you provided adequate prior notice to us of the actual or suspected loss or theft of or unauthorized access to your Security Controls or we otherwise had actual prior knowledge thereof, or unless the facts of the situation otherwise show we did not act in good faith. If we believe your Security Controls may have been breached or an attempt to access any service or conduct any transaction may be unauthorized, we may deactivate, cancel or change your Security Controls as we deem necessary, and we may block access to services and refuse to effect any transaction(s), all without prior notice to you. You agree to reasonably cooperate with us in the investigation and, if appropriate, prosecution of any person who has disclosed, obtained or used any of your Security Controls without your consent.
Computer Security
You acknowledge we are unable to determine whether any part of your Computer System, computer, mobile or other electronic device, system, network, software, application, app, browser, internet connection, or other parts used to access the service (collectively your Computer System”) has been infected with malicious software or compromised by unauthorized individuals. You are responsible for keeping current virus protection to protect your Computer System, and for regularly scanning your Computer System for spyware or other malware. We are not responsible for any losses, errors, failures or malfunctions arising in connection with any unauthorized intrusion into your Computer System. You agree to allow a competent professional to conduct a forensic investigation on your Computer System if you assert a transaction was initiated with your Security Controls and assert such transaction was not authorized or intended by you.
Other Security Controls
We reserve the right to, at any time, require use of additional procedures, such as transaction validation codes, dual validation procedures and other measures in addition to your Security Controls for verifying your identity or validating certain transactions. There may also be Security Controls applicable only to certain services. Any acceptance of such additional procedures by use of your Security Measures will be deemed as your acceptance of such additional procedures.
Unauthorized Access
If you believe your user ID and password have been forgotten or stolen, or that someone has transferred or may transfer money from your account(s) without your permission, contact Online eBanking Solutions.
MISCELLANEOUS
Transfers Among Your HBM Accounts
You may use the service to transfer funds between any of your eligible accounts held by us, subject to any limits or restrictions we may impose from time to time.
Online Statements
You may elect to stop or resume the mailing of paper statements for eligible accounts by changing your statement delivery preferences. Only accounts accessible through online banking may be enrolled for online statement delivery.
Online account statements will not be available after an account is closed. It is recommended that you save or print historical account statements prior to closing your account. Alternatively, once you close your account, you can contact Online eBanking Services if you need historical statements for any reason. Fees may apply.
We may deliver information to you about your eligible accounts through the online banking Secure Message Center, email, US Postal Service or within the online statement. It is your responsibility to notify us if your contact information changes. To notify us of a change in your contact information contact Online eBanking Services.
We may continue to mail information to you, including any information you have authorized us to provide to you electronically. We may discontinue the online statement service at any time at our discretion and resume mailing paper statements to you. We may also add, modify or delete any feature of the online statements service at our discretion. We will provide you with notice of any change or termination in the online statement service.
Balance Inquiries
You may use the service to check the balance of your accounts. The balances shown may differ from your records because they may not include deposits not available for withdrawal, outstanding checks or other withdrawals, payments or charges.
Disclaimer of Warranty; Exclusion of Damages
We are not responsible for any loss, damage or injury resulting from an interruption in the availability of the service, or any computer virus you may encounter using the service. We encourage you to routinely scan your electronic device using a reliable virus protection product to detect and remove viruses from your electronic device.
Disclaimer of Warranty. UNLESS SPECIFICALLY PROVIDED TO THE CONTRARY IN THIS AGREEMENT OR UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS, AND WE MAKE NO WARRANTY, WHETHER STATUTORY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON REGARDING ANY SERVICES, OR ANY SOFTWARE OR EQUIPMENT USED IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. HBM AND SERVICE PROVIDER MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, AND (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Termination
You may terminate your use of the service at any time by visiting your local HBM branch or by calling HBM Online eBanking Support. If we have not completed processing your termination request and you have not otherwise canceled a payment, you will be responsible for payments scheduled during the 10 days following our receipt of your written notice of termination and all accrued fees and charges. If there is more than one account owner or if more than one person is authorized to access the account through the service, we may terminate the service upon the request of any account owner or person authorized to access the account.
We may terminate your use of the service, in whole or in part, at any time without notice. Upon termination, you will remain liable for payments, transfers and other transactions in process and all accrued fees and charges.
Fees
We reserve the right to determine whether you are using the service as a consumer or as a business or both and to adjust your monthly fees accordingly. Monthly fees may be changed with advance notice. In addition, stop payment fees and other service charges may apply. For example, there may be additional fees charged against your accounts if a transaction you initiate using the service causes any of your accounts to be overdrawn, exceed the maximum permissible number of transactions for the accounts or exceed any other qualifiers for the accounts. Refer to the Business Schedule of Fees.
Compliance with Applicable Laws
Any user of this service shall comply with all applicable laws. We reserve the right to refuse to process any transaction we reasonably believe violates applicable law or we believe is made in connection with any unlawful transaction or activity, including without limitation, gaming, gambling, lottery or similar activities. We will notify you if we do not process a transaction.
Amendments
We may amend this Agreement from time to time by posting the amended agreement on our website along with a notice this agreement has been amended or by any other reasonable notification method. You may obtain the most recent version of this agreement by visiting our website or contact Online eBanking Services. Continued use of the service following notice of amendment constitutes acceptance of any amendments to this agreement.
Severability
If any provision of this agreement is determined to be void or invalid, the remainder of this agreement shall remain in full force and effect.
All notices and communications under the terms of this Agreement, except as provided herein, shall be in writing and shall be emailed or mailed to:
The Harbor Bank of Maryland
eBanking Solutions
25 W Fayette Street Baltimore, Maryland 21202
Email: eservicessupport@theharborbank.com
TIPS FOR ONLINE USERNAME AND PASSWORD SECURITY
Online banking has benefits—as well as new and more complex security challenges. HBM will never ask for personal information by email or pop-up windows. User ID and password. To access certain online services, you may have been assigned a user ID and password for your use only.
Your user ID and password protect you by confirming your identity to our computer network systems. As an extra layer of protection, HBM uses other tools to confirm your identity to HBM online banking. To keep your accounts private, it's very important not to share your user ID and password.
Here are some steps you can take to keep your user ID and password safe:
Use a different password for each online account or application.
Never post your password on your computer monitor, at the bottom of your keyboard, under your mouse pad or any other place near your computer system.
Change your password at least four times per year.
Change your password right away if you suspect it has been discovered by anyone else.
Never give your password to anyone over the phone.
Selecting strong passwords
Select a password that's easy for you to remember without having to write it down.
When creating passwords:
Don't use your (or any family member's) name, nickname or initials in any form (forwards or backwards spelling).
Don't use your user ID in any form.
Don't use other information about yourself that's easy to find. This includes things like birth dates, phone numbers, license plate numbers, Social Security numbers, street addresses and the kind of car you drive.
Don't use words that would appear in a dictionary (English or other). They can be easily compromised by password-cracking programs that use electronic dictionaries.
Strong passwords: Develop a way of creating passwords that makes it easy for you to remember. You want to avoid writing them down.
Use a word that's easy to remember but take out the vowels and replace them with numbers.
Logoff features
To protect your financial information, always log off after you've completed your business.
For more protection, HBM online banking automatically ends your session after a period of inactivity.
If someone tries and fails to log in to the HBM system three times in a row, the system will lock them out.
Protecting online applications
When you apply online for HBM products, we'll ask you for some personal information. To keep your information private, it's sent to HBM in a secure session, using Secure Socket Layer (SSL) technology. SSL is a security protocol for transmitting information online.
Email transmitted across the internet is normally not protected and may be intercepted and viewed by others. That's why you should never send confidential or private information by unsecured email to HBM.
Virus protection
HBM uses technology to protect our internal systems and your personal financial information from computer viruses. To protect your personal system, consider the following measures:
Update or install antivirus software to find and remove potential viruses on your computer.
Obtain antivirus software that automatically scans for virus updates whenever you go online. If your software doesn't have this feature, update your antivirus software at least weekly by contacting your antivirus vendor to get the most current antivirus signature files.
Never open email attachments from senders you don't know. Simply delete the messages altogether.
Use caution with email attachments, even if you know the sender. If you weren't expecting the message or if you have any suspicions, contact the sender to make sure they sent the message.
Report suspicious activity
If you receive a suspicious email or see something out of the ordinary on our website, please call us immediately
Report phishing