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This Online & Mobile Banking Services Agreement (this “Agreement”) governs your use of Movement Bank’s Online & Mobile Banking Services (the “Services”) and is made and entered into by and between Movement Bank (“Bank”, also referred to as “we”, “us” or “our”) and each person or party who is referenced on the Bank’s records as an owner of an Account (as defined below), each person or party who is applying for an Account, each person or party who signs the Bank’s signature card for an Account being accessed, or each person or party whose signature appears on a credit line application (“Customer”, also referred to as “you” or “your”). Each Customer on the account is jointly liable for all transactions initiated through our Services, including overdrafts, even if the Customer did not participate in the transaction, which resulted in the overdraft.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ENGAGING IN OUR SERVICES. BY CLICKING “I have read and agree to the terms outlined in this Agreement” BELOW, OR BY USING THE SERVICEs, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT.
This Agreement covers, among other things:
If you have any questions regarding this Agreement, please contact Movement Bank at [1-434-792-0198.]
To subscribe to the Services, you must maintain at least one deposit Account with the Bank. (Account means each Bank product that you have or have applied for that is accessible through the Services. Accounts can include deposit accounts, loans, credit cards, lines of credit, and other products or accounts you have with the Bank.)
You authorize the Bank to provide access to your Accounts through the Services. You may access your Accounts through the Services to obtain information and perform transactions authorized by the Services. The Services will allow you to access more than one Account, to view Account balance(s) and transaction information, transfer funds among designated Accounts, send electronic mail to the Bank, and receive electronic mail from the Bank. The Bank reserves the right to deny the Customer the ability to access the Services, to limit access or transactions or to revoke a Customer's access to the Services without advance notice to the Customer. We are not required to reinstate or re-activate your access.
Banking business days are Monday through Friday, excluding Saturday, Sunday and federal holidays. You may access the Services 24 hours a day, 7 days a week, except for interruptions due to maintenance or matters beyond the Bank's control.
The Services and each of your Accounts are governed by the applicable Disclosures, Rates and Fee Schedules provided by the Bank in your new account packet, as each may be modified from time to time.
Your initial use of the Services indicates your agreement to be bound by this agreement and acknowledges your receipt and understanding of this Agreement.
You are responsible for paying any fees associated with the Services as outlined within this agreement as well as any fees that may be accessed by your Internet Service Provider and for any telephone charges or fees incurred by accessing the Services.
Account information displayed through the Services is current information. Funds transfers between Account(s) initiated on your computer using the Services and received by the Bank by 4:00P.M. EST Monday through Friday will be effective on the current business day. Funds transfers processed on your computer using the Services and received after 4:00P.M. EST Monday through Friday or all day Saturday, Sunday and banking holidays will be effective the following business day.
Electronic mail to the Bank may be delayed; therefore, if you need the Bank to receive information concerning your Account immediately, you must contact the Bank in person or by telephone (i.e. stop payments, to report a lost or stolen ATM card or to report unauthorized use of your Account). The Bank shall have a reasonable period of time after receipt to act on requests or information you send by electronic mail.
The Bank will mail or deliver to you periodic statements for your Bank Accounts as disclosed in your deposit agreements. The Bank will include any transfers you authorize through the Services on your statements. You agree to review your periodic statements in accordance with this Agreement and any other deposit Agreements governing your Account, for accuracy of all data transmitted through the Services. You should promptly notify the Bank of any discrepancies, including but not limited to, any errors or inaccuracies related to data transmitted by the Services.
Some of the terms set forth below are governed by the Electronic Funds Transfer Act ("EFT Act"), which is only applicable to consumers. Commercial Account holders are not entitled to the rights provided under the EFT Act.
If you believe unauthorized transactions are being made from your Account, please notify the Bank immediately. Contact “Movement Bank” at [“1-434-792-0198”] or write the Bank at: [“P O Box 6400 Danville, VA 24543.”]
If you feel that any statement is wrong, or you wish to have more information about a transfer listed on a statement, contact us in writing or by telephone. We must hear from you within sixty (60) days after we send you the FIRST statement on which the problem or error appeared. When you contact us,
If you notify us by telephone, we may require that you send us your complaint or question in writing within ten (10) business days. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your Account.
We will tell you the results of our investigation within ten (10) business days after notice of the problem and will correct any error promptly. If we need more time, however, we may take up to ninety (90) days to investigate complaints or questions concerning foreign initiated transfers, or up to forty-five (45) days to investigate all other electronic transfers. If we need this extended time to investigate, we will provisionally credit your Account within ten (10) business days for the amount you think is in error. You will have the use of the money during the time it takes us to complete the investigation. If we decide no error occurred, we will send you a written explanation within three business days after our investigation is completed. You may ask for copies of the documents we used in our investigation.
You shall be responsible for all transfers you authorize through the Services. You shall also be responsible for all transactions initiated by persons to whom you have given your password. You must report to the Bank AT ONCE if the password has been lost or stolen. Telephoning is the best way of minimizing possible losses. Failure to notify the Bank could result in the loss of all money in your Account plus your maximum line of credit, if you have one. If you report to the Bank within two (2) business days, the loss sustained by you will be no more than $50 if your password is used without your permission. If you do not report to the Bank within two (2) business days after learning of the loss or theft of the password, and the Bank can prove that it could have prevented someone from using the password without your permission had it been notified, you could lose as much as $500. Also, if the statement shows electronic transfers you did not make, report them to the Bank at once. If you do not tell the Bank within 60 days after the statement was mailed, you may lose all of the money transferred after the 60 days if the Bank can prove that it could have prevented the loss had you reported it promptly. The Bank may extend the time periods for a good reason, such as a long trip or hospital stay, which might keep you from notifying the Bank.
To the fullest extent permitted by law, we make no warranties of any kind for the Services, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose.
We do not warrant that the Services will be uninterrupted or error free, that defects will be corrected, or that our Website that makes the Services available is free of viruses or other harmful components.
The Bank is entitled to act on instructions received through the Services under your password and without inquiring into the identity of the person using that password. You should not under any circumstances disclose your password by telephone or to anyone claiming to represent the Bank; Bank employees do not need and should not ask for your password. You are liable for all transactions made or authorized using your password. The Bank has no responsibility in establishing the identity of any person using your password. If, despite the Bank's advice, you give your password to anyone, you do so at your own risk since anyone to whom you give your password or other means of access will have full access to your account(s) even if you attempt to limit that person's authority. You must contact the Bank immediately in the event that your password has been lost, stolen or otherwise compromised so that it will not be honored and can be disabled. You hereby release the Bank from any liability and agree not to make any claim or bring any action against the Bank for honoring or allowing any actions or transactions where you have authorized the person performing the actions or transactions to use your account(s) and/or you have given your password to such person, or, in the case of a jointly held account, such person is one of the Account owners.
The Bank shall be responsible for performing the Services expressly provided for in this Agreement, and shall not be liable for any error or delay, so long as the Bank acted in accordance with the terms and conditions hereof. The Bank shall not be liable if you do not have sufficient funds in a designated Account to complete the transaction you initiate or if the Account is closed. The Bank shall not be liable if you have not given the Bank complete, correct or current transfer or payment instructions or if you have not followed proper instructions given through the Services.
Further, except as specifically provided in this Agreement or otherwise required by applicable law, the Bank and its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or third-party services providers are not liable for any:
This is true whether these damages occur in an action under contract, or from negligence or any other theory, arising out of, or in connection with, this Agreement, the Services, or the inability to use the Services.
The Bank won’t be liable for any failure of availability or performance due to scheduled system maintenance or circumstances beyond\ our control (including circumstances such as power outage, computer virus, cyber-attacks, system failure, fire, flood, earthquake, extreme weather, natural disaster, civil unrest, strike, or any inoperability of communications facilities).
Except as specifically provided in this Agreement or otherwise required by applicable law, we, our service providers or other agents, also won’t be liable for:
The Bank will not be obligated to honor, in whole or in part, any transaction or instruction that:
Except where we’re liable under the terms of this Agreement or another agreement governing the applicable Account or the Services, you agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third-party claims, liability, damages, and/or costs (including but not limited to reasonable attorney’s fees) arising from:
We reserve the right to defend/control (at our own expense) any matter otherwise subject to indemnification by you. In such a case, you will cooperate with us in asserting any available defenses. You won’t settle any action or claims on our behalf without our prior written consent.
You are providing this indemnification without regard to whether our claim for indemnification is due to the use of the Services by you, your authorized representative or your delegate.
If this Agreement conflicts with another agreement, or another agreement has terms that are not addressed in this Agreement, then the other agreement will control and take precedence, unless this Agreement specifically states otherwise. Additional provisions regarding your Account, the Services or features that appear in another agreement covering your Account or the Services, but not in this Agreement, will apply.
The Bank has the right to modify or terminate this Agreement at any time. We will comply with any notice requirements under applicable law for such changes or termination. If we terminate this Agreement, no further Online or Mobile Services transfers will be made, including but not limited to any payments or transfers scheduled in advance or any preauthorized recurring payments or transfers. If we modify this Agreement, your continued use of the Services will constitute your acceptance of such changes in each instance.
The Bank’s failure to act with respect to a breach of the Agreement by you or others doesn’t waive our right to act with respect to subsequent or similar breaches.
My initial use of Movement Bank’s Online & Mobile Banking Services constitutes my acceptance and agreement to be bound by all of the terms and conditions of this agreement and acknowledges my receipt and understanding of this agreement.
I certify that I am at least 18 years of age, and that I have read, understand and agree to all terms, conditions and disclosures indicated on the previous screens and that I have truthfully and fully completed all items on this application.