Federal Deposit Insurance Corporation - FDIC-Insured - Backed by the full faith and credit of the U.S. Government
Federal Deposit Insurance Corporation - FDIC-Insured - Backed by the full faith and credit of the U.S. Government
You must accept this agreement before continuing to log into the First Time User Access screen.
This Agreement between you and Movement Bank governs the use of Digital Banking and Mobile Banking service described herein (“Services” or “Service”). The Service permits Movement Bank customers to perform a number of banking functions on accounts linked to the Service through the use of a personal computer or, for some functions, a mobile device (e.g. tablet or Smartphone), on accounts linked to the Service.
1.1. The terms “us,” “we,” “our” or “Bank” shall refer to Movement Bank, the financial institution. The terms “You,” “your,” “Customer,” “authorized user,” or “account owner” refers to the account owner, authorized signers, or individuals authorized by the account owner to access Digital Banking services.
1.2. “Account” refers to your account(s) with us that you have designated for Digital Banking Services and that we allow to be included under these Services.
1.3. “External Account” refers to an account held by financial institutions other than Movement Bank.
1.4. “External Transfer” refers to the transfer of funds between your accounts at Movement Bank and accounts held at other financial institutions (External Accounts).
1.5. “Login Credentials” refers to the username and password that must be used to securely access your account information.
1.6. “Disclosures” refer to any regulatory disclosures provided to you at the time of account opening, such as the Truth in Savings Disclosure, Funds Availability Policy Disclosure, Electronic Fund Transfer Disclosure, etc.
1.7. “Business Day” refers to the Bank’s hours of operations for the purpose of conducting banking business: Monday through Friday excluding Federal Holidays.
1.8. “Check Image” refers to the digital image of any check you transmit to us using Mobile Deposit or Remote Deposit Capture.
1.9. “Item” refers to the definition provided in Article 4 of the Uniform Commercial Code: an instrument of a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by Article 4A or a credit or debit card slip.
1.10. “Original Check” refers to the definition provided in Regulation CC – Availability of Funds and Collection of Checks: the first paper check issued with respect to a particular payment transaction.
1.11. “Substitute Check” refers to the definition provided in Regulation CC – Availability of Funds and Collection of Checks: a paper reproduction of an original check that – (1) contains an image of the front and back of the original check; (2) bears a MICR line that, except as provided under ANS X0.100-140, contains all the information appearing on the MICR line of the original check at the time that the original check was issued and any additional information that was encoded on the original check’s MICR line before an image of the original check was captured; (3) conforms in paper stock, dimension, and otherwise with ANS X0.100-140; and (4) is suitable for automated processing in the same manner as the original check.
The first time you access any of your accounts through Digital Banking you will be required to confirm your agreement to be bound by all the terms and conditions of this Agreement and acknowledges your receipt and understanding of this Agreement.
When you use Movement Bank Digital Banking, or authorize others to use it, you agree to the terms and conditions of this Agreement.
Your use of Movement Bank’s Digital Banking may also be affected by your agreements with us for your deposit and loan accounts. In addition, when you link accounts to Movement Bank’s Digital Banking, this does not change the agreement you already have with us on those accounts. For example, when you use Movement Bank’s Digital Banking to access a deposit account, you do so under the terms and
conditions we gave you in the agreement and disclosure for the deposit account. You should review those agreements for any limitations on the number of transfers you can make, and for other restrictions which might impact your use of an account with the Movement Bank’s Digital Banking services.
Customer agrees to comply with any applicable state or federal law in connection with its use of the Services and the fulfillment of its obligations under this Agreement.
Customer acknowledges that the Automated Clearing House (ACH) system may not be used in violation of, and that entries originated by Customer must comply with, the laws of the United States, including sanctions administered by the Office of Foreign Asset Controls. Where a preauthorized debit entry from a consumer’s account varies in amount from the previous debit entry, Customer agrees to comply with the notice requirements set forth in the National Automated Clearing House Association Rules, the Electronic Fund Transfer Act, and Regulation E of the Board of Governors of the Federal Reserve System, as applicable. For more information see our Regulation E Disclosure.
Account Access
You may access your Account(s) at Movement Bank’s website, www.movementbank.com. You must follow all necessary instructions and obtain your Login Credentials before gaining access to Digital Banking services. We may also utilize unique identifying information to confirm your identity. Your Login Credentials are used to gain access to Digital Banking and should be kept confidential at all times. There may be additional or optional security measures instituted by us to ensure the security of Digital Banking. To use Digital Banking, you must have a deposit or loan account with Movement Bank.
Transaction limits: You acknowledge that we may limit the number and frequency of transactions conducted through mobile banking services and that we may also place limits on transaction and transfer amounts in our sole discretion.
System Requirements: You are responsible for acquiring, maintaining and operating the computer and or mobile device used to access Movement Bank’s Digital Banking or the Mobile Banking App. You are also responsible for ensuring that your device, software and operating systems are compatible with Services.
Balance information: We update account information multiple times during the day. The account balance for deposit and loan accounts will reflect all credit and debit information as updated periodically during the banking day. The balance figure
includes funds that are subject to the Bank’s funds availability policy and may include funds that are not available for immediate withdrawal or transfer. The Bank is not obligated to honor transfer requests. The Bank may in its sole discretion refuse to accept or otherwise execute any request for Services, whether for cause or without cause, and shall have no liability for such refusal.
While access to the Bank through the secure message function of the Services is “online,” messages sent to Bank through secure message may not be reviewed by Bank personnel immediately after they are sent. If immediate attention is required, Customer must contact the Bank by telephone or in person or through some other procedure not using the Services. Customer’s secure messages may be acted upon by the Bank if received in a manner and in a time providing the Bank a reasonable opportunity to act. Nevertheless, unless otherwise provided herein, secure messages will not serve as a substitute for any requirement imposed on Customer to provide the Bank with “written” notice. Furthermore, the Service may not be used to place a stop payment on a check.
A Receiving Depository Financial Institution (“RDFI”) is the institution that receives ACH entries from the ACH Operator and posts them to the accounts of its depositors (“Receivers”). Customer agrees to be bound by the provision of the National Automated Clearing House Rules making payment of a credit Entry by the RDFI to the Receiver provisional until receipt by the RDFI of final settlement for such credit Entry. Customer understands that if final settlement is not received, the RDFI will be entitled to a refund from the Receiver of the amount credited and Customer will not be deemed to have paid the Receiver the amount of the credit Entry. Customer agrees that any payment by the Bank to Customer for any returned credit Entry or credit Reversal is provisional until receipt by the Bank of final settlement for such Entry. If final settlement is not received, the Bank is entitled to a refund from Customer of the amount credited and the Bank may charge Customer’s account for the amount credited. The Bank may refuse to permit the use of any amount credited for a credit Reversal if it believes that there may not be sufficient funds in Customer’s account to cover chargeback or return of such Reversal.
Account transaction fees as stated in any Disclosures or the Movement Bank Fee Schedule provided to you remain in effect and are not eliminated or change with the use of Services. You have sole responsibility for any service fees you incur from your telephone, internet or wireless service providers.
Movement Bank’s Digital Banking services are designed to be available 24 hours a day, 365 days a year. There may be occasional periods when the system is shut down for routine maintenance, upgrades, or other events beyond our control. We do not warrant that Services will always function properly or that disruption or suspension of Services will not occur. You agree that we will not be liable for any loss, costs, damages or expenses resulting from the use of or interruption of Services. You also agree that these Services are separate from any services provided by your wireless service or internet service provider. We are not responsible for any issues involving your mobile device, your internet access, or any other of its services and products you use to access.
When your Movement Bank’s Digital Banking service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer regarding your service.
We may change this Agreement at any time. For example, we may add, delete, or amend terms or services. We will notify you of such changes by mail or electronic message. If you maintain your Movement Bank’s Digital Banking service after the effective date of a change, you indicate your agreement with the change.
The Service remains in effect until it is terminated by you or the Bank. If you do not log in to your Movement Digital Banking for an extended period of time, your password may expire for your security. To reset your password, you will need to reset it online or call or visit one of our branches and have a customer service representative assign a new password. You may cancel the Service at any time by notifying us of your intent to cancel in writing or calling Customer Service. Any account owner may terminate the Service. This cancellation applies only to the Service and does not terminate your accounts at Movement Bank. We may terminate your participation in the Service, at any time. We will try to notify you in advance, but we are not obligated to do so.
Contact by Movement Bank or Affiliated Parties
No employee of Movement Bank, or company affiliated with Movement Bank’s
Digital Banking Service will contact you via email, SMS text message or phone call requesting your Online User ID and password. If you are contacted by anyone requesting this information, please do not provide any information and call or visit one of our branches immediately.
Subject to federal and state law and the terms and conditions of this Agreement, you are liable for any transaction or function performed using Services, whether made by yourself or someone authorized by you using your Login Credentials. You agree to take all reasonable measures to protect the security of your Login Credentials.
For consumer accounts, please refer to the Consumer Liability section of your Electronic Fund Transfer Disclosure (and Agreement) for our liability policy provided to you at the time of account opening
As a precaution, we recommend that you do not send emails or other electronic messages containing confidential Account information. You agree not to leave any device unattended while logged into Services, and you should never share your Login Credentials with us or anyone else. For your protection, sign off after every Digital Banking session and close your browser to ensure confidentiality. You understand that we are entitled to act upon any instructions received under your Login Credentials; therefore, you agree to guard and protect your Login Credentials to ensure the security and protection of your Account(s).
If you have any concerns or suspicions that an unauthorized person has gained access to your Account through Digital Banking, we recommend that you notify us immediately and change your Login Credentials. Our contact information for security issues related to your use of Services is provided below.
Address: 1296 Piney Forest Road, Danville, VA 24540 or Phone: 434-792-0198 Email: service@movementbank.com
When you schedule a transfer using Movement Bank’s Digital Banking, you authorize us to withdraw the necessary funds from the account you have designated for the debit. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your Movement Bank account at the time of withdrawal, and the funds must be considered available as described in our Funds Availability Policy provided to you at the time of account opening. You understand that Movement Bank will not act on any withdrawal instruction from you if sufficient funds are not available in your account. We are under no obligation to you when we have been unable to complete a transfer request due to insufficient or unavailable funds, or due to other circumstances out of our control, such as a system or power failure.
Eligible users may request enrollment for External Transfers within the Digital Banking Service. As a part of the enrollment process, you will need to request approval of each External Account that you wish to use for the External Transfer service. You agree that you will only attempt to register accounts for which you have the authority to transfer funds.
Any fees associated with External Transfers will be disclosed in the Movement Bank Fee Schedule provided to you at the time of account opening.
Most Inbound and Outbound External Transfers will be considered next-day transfers. However, we reserve the right to process any transaction as a Three (3) Business Day transfer.
Transactional dollar limits and per-day dollar limits may be imposed for Inbound and Outbound External Transfers. Please contact customer service if you have questions about your External Transfer limits.
You agree we may cancel your access to the External Transfer service, without prior notice, upon the occurrence of any of the following events, or any other event that creates an unanticipated liability for the Bank:
• Any of your accounts with Movement Bank are not current or are not in good standing.
• You have had an overdraft, over-limit item, or an item returned for insufficient funds with respect to any Movement Bank account during the current or three prior calendar months.
• You have had any prior External Transfer canceled, revoked, or uncompleted due to insufficient funds, revoked authorization, stopped payments, frozen accounts, or any similar reason.
• We have reason to believe any fraudulent or unauthorized activity has occurred through your account or Digital Banking Service.
Furthermore, we may change the dollar limits for External Transfers at any time. Any decrease will be subject to notice, as required by law, but you agree that we may reduce your limits without prior notice upon occurrence of any of the events listed in this section of the Agreement.
If you schedule a transfer for a future date and the date you request is not a business day, the Scheduled Initiation Date will be on our next business day. A one-time internal transfer that is not scheduled for a future date is immediate and cannot be canceled. The deadline for canceling a recurring or future-dated transfer request is two days prior to the next scheduled occurrence. If you have any questions or problems canceling the transfer, please contact us.
Pre-Scheduled External Transfer requests can be edited or canceled prior to cutoff time on the scheduled processing date. After cutoff time, the External Transfer request is submitted for processing, and we will not have sufficient time to respond to any cancellation requests.
You can access Bill Pay Services in the same manner that you access other Digital Banking Services by using your Login Credentials and meeting any other security measures that we may institute. You must have a Movement Bank checking account to use Bill Pay Services. Before setting up payees and scheduling payments, you will be required to review and accept an agreement describing the terms and conditions of the Bill Pay service.
Mobile Deposit service (“Mobile Deposit”) is a Remote Deposit Capture (“RDC”) service that allows you to make deposits to your Account using the Movement Bank Mobile application by electronically transmitting digital images of your original paper checks, which are drawn on or payable through United States financial institutions in United States dollars to us. We may then use this Check Image to create an Electronic Check or Substitute Check for collection. The Check Clearing for the 21st Century Act and Regulation CC govern the use of RDC services and have enabled financial institutions to accept Substitute Checks, which are the legal equivalent to Original Checks for all purposes.
Any and all fees and charges associated with your Accounts remain in effect when accessing and using Mobile Deposit. You understand that standard data charges and messaging rates imposed by your wireless provider may apply and that these rates and charges are your sole responsibility. Please contact your service provider for additional information.
You may only submit items for deposit that are within the dollar limits established for you. We reserve the right to limit the dollar amount and frequency of deposits made through Mobile Deposit by you, and we may raise or lower your dollar limit in the future at our sole discretion at any time. All deposited items must be endorsed on the back with the words “For Mobile Deposit Only to Movement Bank” to be approved. You acknowledge that ineligible items include, but are not limited to, the following: cash, illegible items, incomplete items, items which are altered in any way, any check that has previously been converted to a Substitute Check, any item that contains
indecipherable magnetic ink character recognition (“MICR”) data, any check originally made payable to a party other than you and any stale or post-dated items. You agree you will not alter any Original Check or Check Image under any circumstance, and you warrant that all Original Checks are authorized for the amount stated on the check by the person who created the check. At the time of presentment to you by the drawer, any checks that you initiate for deposit must contain all necessary information on the front and back of the check, including all endorsements, the identity of the drawer and paying bank that is preprinted on the check, and the image quality must comply with the minimum requirements established by the American National Standards Institute (“ANSI”). Determination of image quality compliance is in our sole discretion and any check may be rejected if it does not meet these criteria.
We are not responsible for any items which we do not receive. Items received will each be reviewed for acceptability. You agree that electronic conveyance of a check does not equate to receipt of the check. You agree that a notice confirming receipt of your deposit does not mean the item is error-free or that it will not be rejected upon further review. If we do reject an Item for any reason, we will provide you with a notice of rejection; however, we will not be liable for loss suffered as a result of the rejected item. Funds from Items accepted for Mobile Deposit may not be available for immediate withdrawal. We will provide you with a notice if your deposited item is later dishonored, in which case you permit us to debit such amount from your account. You may confirm receipt of all deposited items by viewing your account statements or by contacting us.
You agree to securely preserve and protect each Original Check for a period of 30 days and during this period you agree to provide any Original Check to us upon request. Once you have obtained confirmation from us that we have received an item,
you agree to indicate its presentment via electronic means directly on the Original Check. You agree you will not deposit or submit any Original Check which you have already submitted or deposited electronically into an account you own with us or at any other financial institution. At the expiration of the 30-day period, you will destroy each Original Check in its entirety to ensure it is not presented for payment again.
You understand that any misuse of a Check Image after presentment to us is your responsibility and you will be solely liable for any resulting loss.
We will disclose information to third parties about your account or your transactions:
• When it’s necessary for completing transfers.
• To verify the existence and condition of your account for a third party, such as a credit bureau or merchant.
• To comply with a government agency or court orders or with the request of a federal regulator.
• If you give us your permission.
The Bank has the right to offer the Services through an affiliate or unrelated third party. In order to provide the Services to Customer through this type of arrangement, Customer authorizes the Bank to disclose information on Customer’s accounts and services to the affiliate or third party who provides the Services.
Credit Score Manager:
You agree that by navigating beyond the Credit Score Manager tab in our Online Banking Service, entering your information and continuing beyond the “Agree and Continue” button, or by otherwise accessing or using the Credit Score Manager Third- Party Content, you instruct Movement Bank to periodically obtain your credit report to use it for the following purposes:
To display your credit score information to you for educational purposes and to assist you in understanding how financial transactions affect your credit score;
To confirm your identity, such as to identify potential fraudulent transactions in your name; and
To offer our products and services to you.
This Agreement contains the entire agreement between the Bank and Customer with respect to the matters covered herein. No other agreement, statement or promise made by any party hereto or by any employee, officer, or agent of any party hereto that is not in writing and signed by the parties is binding.
Notices
Except as otherwise expressly provided herein, any notice or other communication required or permitted to be given under this Agreement shall be written and delivered, or sent by United States registered or certified mail, postage prepaid, or by express
carrier, to Customer’s address as it appears on the Bank’s computer file. Or, if to the Bank, addressed to the branch of account origin, Attention: Branch Manager, unless another address is substituted by notice delivered or sent as provided herein. Except as otherwise expressly provided herein, any such notice shall be deemed given when sent or received by the Bank.
Choice of Law; Attorney’s Fees
This Agreement is governed by the laws of the State of Virginia. The successful party in any such action shall be entitled to recover from the unsuccessful party, in addition to any other relief to which it may be entitled, reasonable attorney’s fees and cost incurred by it in prosecuting or defending such action.
Severability
If any provision herein, or part thereof, is held to be invalid, illegal or unenforceable, the remainder of the Agreement, or other parts or applications of such provisions, shall not be affected thereby.
Assignment
No assignment hereof may be made by Customer without the prior consent of the Bank.
Provisions Applicable to Businesses
The following subparagraphs A through D apply to electronic funds transfers that are not governed by the Electronic Fund Transfers Act (“EFTA”). For example, electronic fund transfers to or from an account are not governed by the EFTA if the account is not established primarily for personal, family, or household purposes. In addition, electronic fund transfers through FedWire or a similar wire transfer system, or where the primary purpose is for the purchase or sale of securities, are not covered by the EFTA. To the extent the terms of the following subparagraphs A through D are inconsistent with the rest of the provisions of the Agreement, the terms and conditions of the following subparagraphs A through D will control as they apply to electronic fund transfers that are not governed by the EFTA.
A. Protecting your Password
You agree that we may send notices and other communications including password confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that Movement Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: 1) keep your password secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you give your password that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new password if you believe your password may have become known to an unauthorized person. Customer assumes all risks associated with disclosure of any code or password to its employees. Customer agrees to limit disclosures of codes or passwords to those employees it will authorize to use the Services or who have a specific need to know. Customer will establish procedures to protect the confidentiality of all information relating to the Services, including all codes and passwords, and will promptly notify the Bank if Customer knows or suspects that codes and passwords or other security information is stolen, compromised, or misused. You acknowledge and agree that if a transfer request describes the beneficiary or beneficiary’s bank inconsistently by name and account number, execution of the transfer request will occur on the basis of the account number, even if it identifies a person different from the named beneficiary or bank, and that your obligation to pay the amount of the transfer request to us is not excused in such circumstances. THE BANK WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED PAYMENT OR TRANSFER MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT
NOTICE. We may suspend or cancel your Password even without receiving such notice from you, if we suspect your Password is being used in an unauthorized or fraudulent manner.
B. Acknowledgment of Commercially Reasonable Security Procedures
After review of the Services offered by the Bank, including those aspects of the Services pertaining to assuring the authenticity of a communication between Customer and the Bank, Customer will notify the Bank in the event Customer’s use of the Services would necessitate or be better served by a level of security that exceeds that offered by the Services. If Customer fails to so notify the Bank, Customer acknowledges and agrees that the security aspects of the Services are appropriate for Customer’s needs and will provide Customer with a commercially reasonable degree of security against unauthorized use. You agree that the security procedures are not intended to, and will not serve as, a procedure to identify errors in a payment order or its instructions. If a transfer request between your accounts with us (“transfer
request”) (or a request for cancellation or amendment of a transfer request) received by us purports to have been transmitted or authorized by you, it will be deemed effective as your transfer request and you will be obligated to us for the amount of such transfer request, even though the transfer request was not authorized by you, provided we acted in compliance with the security procedure referred to in this Agreement (or any other applicable agreement) with respect to the transfer request. If a transfer request (or request for cancellation or amendment of a transfer request) received by us was transmitted or authorized by you, you shall be obligated to pay the amount of the transfer request as provided herein, whether or not we complied with the security procedure referred to in this Agreement with respect to that transfer request and whether or not that transfer request was erroneous in any respect or that error would have been detected if we had complied with such procedure. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).
C. Limitation of Bank’s Liability for Business Customers Only
If we fail or delay in making payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE BANK BE LIABLE TO YOU FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR
ATTORNEY’S FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
D. Your Duty to Notify Us of Error
You agree to notify us promptly (I) of any discrepancy between your records and the periodic account statements furnished by us to you, or (ii) if a payment or transfer purportedly made on your behalf or charged to your account was not authorized by you, was erroneous or was executed improperly. You shall be deemed to have received notice of such an occurrence when you receive actual notice or an account statement furnished in a fashion customary for that account or such other account as was charged for payment indicating (I) the purported payment order or other communication was accepted and acted upon by us, or (ii) your account was debited with respect to the payment or transfer, whichever occurs first. If you fail to notify us within 30 days after you received notice of any unauthorized or erroneous transfer, we will not owe you any interest on the amount in question even if we are otherwise liable to you in connection with the transfer or other communication or is obligated to credit you for the amount of the transfer or any portion thereof, nor will we be liable for any other losses resulting from your failure to give such notice with respect to a transfer shown on such periodic statement. If you fail to notify us of any such discrepancy within one (1) year, you shall be precluded from asserting such discrepancy against us.
You acknowledge that the Digital Banking services may require that data be input into the Program by parties other than us. In some cases, we may provide such parties with information instructing them how to input data into the Program; however, in no event shall we be liable for the accuracy, completeness, correctness or format of data input by parties other than us.
You shall indemnify, defend and hold us harmless from against any and all loss,
liability, cost, charges or other expenses (including reasonable attorney’s fees) which we may incur or be subject to, arising out of or related directly or indirectly to the performance by us of our obligations here under.
I have read the Digital Banking Agreement and do not have any questions. I agree to comply with the agreement.