Personal e-Banking Services Agreement and Electronic Consent
(v. HB 02.11.12)
This Services Agreement and Electronic Consent governs your access to and
use of our Personal e-Banking and Personal e-Banking Plus Services (generally,
"e-Banking" or "e-Banking Services"). "E-Banking
Access and Use" refers to (i) the manner and extent to which we make
the e-Banking Services available to you via our website, (ii) the process,
procedures and limitations involved in such access and use, including, but
not limited to, using the appropriate security procedures and precautions,
(iii) our right to change the terms under which we offer the e-Banking Services
to you, and (iv) our right to disable, suspend or terminate your access to
the e-Banking Services. In addition to other written or electronic acceptance,
each time you use your e-Banking Services or authorize others to use your
e-Banking Services, you accept and thereby agree to the terms and conditions
Table of Contents
e-Banking Services Agreement
Agreements and Law; Conflict Between Agreements;
Amendments; and Entire Agreement
- Electronic Consent
- Relevant Law
e-Banking and e-Banking Plus
Automatic or Selected
- Internal Transfers
Limitations and Dollar Amounts For Transfers
Limitations Relating To Transfers From Free
Business Checking Accounts
- Canceling Online Transfers
- External and Third Party Transfers
Eligible Line of Credit Agreement
Electronic Funds Transfer Provisions
Authorized Payments or Transfers
Access To e-Banking Services
General Limitation of Liability
Cancellation; Termination; Access Disabled
Consent to Electronic Delivery of Notices
e-Banking Services Agreement
- Agreements and Law; Conflict Between Agreements; Amendments; and
- Agreements and Law. Your e-Banking Access
and Use is subject to:
- Services Agreement.
The terms and conditions contained in this Agreement, including
those specific addenda for services in which you enroll (the "Services
Addenda" or a "Service Addendum"), such as Mobile
Banking, e-Pay, External and Third Party Funds Transfer and e-Statements
(an "Additional e-Banking Service" or collectively, "Additional
- Electronic Consent.
The Consent to Electronic Delivery of Notices and Disclosures (the
"Electronic Consent") as set forth herein;
- Instructions. Instructions
set forth or incorporated by reference herein or on the e-Banking
web pages and the online, context-sensitive "Help," and
glossary or FAQs, if any (collectively herein, the "Instructions");
- Relevant Law. Relevant
provisions of federal and state law, except to the extent that we
can and do vary such law with this Agreement, the Services Addenda,
the Electronic Consent, the Instructions or the Related Agreements,
("Relevant Law"); and
- Related Agreements.
This Agreement, the Service Addenda and Instructions govern your
e-Banking Access and Use and enable you to use the e-Banking Services
to access your Eligible Accounts and to perform those banking functions
and engage in those banking transactions authorized as part of such
services. However, your Eligible Accounts are also subject to those
other terms and conditions to which you agreed when we established
such accounts for you such as deposit and loan agreements, disclosures,
and other documents and forms related to your Eligible Accounts
(the "Related Agreements"). Such Related Agreements include,
but are not limited to: (i) our Deposit Agreement; (ii) Deposit
Account Information Truth In Savings; (iii) IRA Account Agreements;
(iv) VISA® Check Card; (v) HandyLine; (vi) any overdraft protection
agreements and (vi) any other loan or credit agreements. You should
review the Related Agreements for applicable fees, limitations on
the number of transactions you can make, your obligations in maintaining
and using your Eligible Accounts, and/or other restrictions that
might impact your use of the e-Banking Services to perform transactions
within your Eligible Accounts.
- Conflicts Between Agreements.
When using one of the Additional e-Banking Services, in the event of
a conflict or inconsistency between the terms and conditions of this
Agreement with the same or similar provision within the Service Addendum
related to that particular Additional e-Banking Service or the related
Instructions, the order of priority in controlling such conflicts is
as follows: (i) the related Instructions; (ii) the related Service Addendum;
and (iii) this Agreement; but, only to the extent necessary to resolve
a conflict or inconsistency between a provision of one with a provision
in another dealing with the same issue. The mere presence or absence
of a provision in one shall not be considered a conflict or inconsistency
with the absence or presence of a provision in another. Unless expressly
stated otherwise, a provision within one Additional e-Banking Service
or the Instructions related to that particular service, shall not apply
to the e-Banking Services, generally, or to any of the other Additional
e-Banking Services. This Agreement, the Service Addenda and Instructions
control over any conflict or inconsistency over the same or similar
provision within the Related Agreements regarding your e-Banking Access
- Amendments. We may
amend this Agreement, the Related Agreements or the Instructions at
any time. For example, we may add, delete or amend terms or services.
Any such change will be effective as of the date we establish, subject
to applicable law. We will notify you of any such changes electronically
or by mail. For any change that would (i) increase the fees we charge,
(ii) increase your liability, (iii) limit the types of payments or transfers
or the dollar amounts or frequency of such payments or transfers, we
will provide you such notice in advance of the effect date of such changes
of at least equal to the lesser of: (i) notice period required in the
Applicable Law or (ii) (30) days. Your use of the e-Banking Services
or otherwise maintaining and not canceling your e-Banking Services following
the effective date of any changes indicates your agreement with such
changes. References to this Agreement, the Electronic Consent, the Instructions,
the Related Agreements, and the Relevant Law include future amendments
or revisions, supplements, replacements or superseding provisions, as
- Entire Agreement; Acceptance.
The Services Agreement, as supplemented by the Electronic Consent, Instructions,
Relevant Law and the Related Agreements, is the entire agreement between
you and us and it supersedes any other statements, writings, and electronic
records relating to e-Banking Services.
- e-Banking and e-Banking Plus.
- e-Banking Services.
Using e-Banking, you may perform those banking functions using your
Eligible Account(s) and engage in those banking transactions in such
accounts as described below and on the e-Banking web pages. These e-Banking
Services, including the Additional e-Banking Services are referred to
herein as the "e-Banking Services" or simply as the "Services"
or individually as a "Service." An "Eligible Account"
or "Eligible Accounts" can include your individual or joint
deposit accounts that you maintain with us such as checking, savings,
money market and other time deposit accounts such as certificates of
deposit or IRA accounts and your loan accounts. Eligible Accounts are
sometimes generally referred to herein as an "Account" or
"Accounts." Eligible Accounts which are loans are sometimes
generally referred to as "Eligible Loan Accounts." Loans that
are lines of credit are sometimes referred to herein as "Eligible
Line of Credit Accounts."
- e-Banking Plus.
"e-Banking Plus" refers to a bundle of electronic banking
services which we offer for a monthly fee. In general, e-Banking Plus
offers services such as Mobile Banking and External and Third Party
Funds Transfer at either no additional charge or at discounted pricing
as compared to the standard e-Banking Services. e-Banking Plus also
includes an enhanced security feature - multifactor identification using
an Entrust security access card. Specific details regarding the e-Banking
Plus Services, including the Entrust security access card, and the related
fees are more fully set forth in the Personal
e-Services Fee Schedule.
- e-Banking Services
- Account Information.
- You may use e-Banking to view current balance
information and review a history of transactions for up to 16 months
on your Accounts. For loans, you may use e-Banking to view loan
histories from inception through the current date.
- Using the Pending Transaction Report, you
may use e-Banking to view scheduled or non-recurring electronic
transactions after they occur and before they are posted to your
- You may also download transactions in QIF
format for use with certain Personal Financial Management software
such as Intuit Quicken®.
e-Banking uses information in our databases
such as available balances that may not necessarily reflect all current
transactions. For example, the available balance in your checking
Account will not reflect the amount of pending transactions that have
not been presented for payment, such as checks you have issued or
debit card transactions that you have made but that we have not yet
authorized for the merchant. Also, depending upon the type or nature
of a pending transaction, it may not post to your Account or post
to such account in the amount shown as a Pending Transaction.
We will not be liable to you for any damages
whatsoever arising in connection with the accuracy or completeness
of the information supplied to you by Services regarding your Accounts.
- Automatic or Selected. e-Banking provides
you with certain automatic alerts and the option to request other
selected notifications. Automatic alerts are sent to you following
certain changes to your e-Banking profile such as changes in your
Logon-Id, Password or e-mail address. To activate other notifications
you must select from the available options on an account-by-account
- Delivery. Automatic notifications will be
sent to the primary e-mail address that you provided to us. Selected
notifications can be sent either to an e-mail address which you provide
or via e-Banking Secure Message. If your e-mail address changes, you
are responsible for informing us of such a change. You understand
that while we do our best to provide you with notifications in a timely
manner and with accurate information, we neither guarantee the delivery,
timeliness, nor accuracy of the contents of any notification. Accordingly,
you agree to hold us harmless for any delays, failure to deliver,
or misdirected delivery of any notification, for any errors in the
content of a notification or any actions taken or not taken by you
in reliance of a notification or in the absence of a notification.
- Security. Notifications sent via e-mail are
not encrypted. Although a notification may include your name and certain
information regarding an Account, we will not include information
regarding your Security Code or full account number. Please note that
anyone with access to your e-mail will be able to view the contents
of these notifications.
- Mobile Banking.
"Mobile Banking Services" or "Mobile Banking" is
a personal financial information management service that allows you
to access Account information, make payments to vendors and other payees
("Payees") who have previously been created within e-Banking
e-Pay ("e-Pay") and make other available banking transactions
as fully described on our Web site (currently, www.hancockbank.com)
using compatible and supported mobile phones and/or other compatible
and supported wireless devices (collectively, a "Mobile Device").
- Transfers Of Funds. Internal
transfers refer to a transfer of funds from one Account to another Account
both of which are maintained by us in the same state, i.e. both in Mississippi,
or both in Alabama, or both in Florida. Internal transfers are governed
by the provisions of sub-section 1. External transfers include a transfer
of funds from (i) an Account maintained with us in one state to an Account
maintained with us in another state, i.e. from an Account maintained
in Mississippi and another Account maintained in Alabama or Florida,
(ii) an Account maintained with us to an Account which is maintained
with Whitney Bank, our affiliated bank, and (iii) an Account maintained
with us to an account maintained with another U.S. financial institution
("External Transfers"). External transfers are governed by
the provisions of sub-section 2.
- Internal Transfer
Transfers can be made from various types of Accounts, such as
checking, savings or money market deposit accounts to similar
accounts. Transfers between your Accounts can include real-time
transfers, non-recurring transfers and recurring transfers.
Transfers can be made as loan payments such as mortgage or Handyline
payments. The completion of a transfer is subject to the availability
of sufficient funds at the time of final processing. If you
do not have enough available funds, you may incur an insufficient
funds fee. Please refer to our Deposit Agreement and the Fee
Schedule for details. Transfers entered before the cutoff time
of 7 p.m. CST are processed on the same bank business day. Transfers
entered after the cutoff time or on a non-bank business day
are processed on the next bank business day. Transfers submitted
and processed from a deposit Account are immediately reflected
in your balance for that account.
- Limitations and Dollar
Amounts For Transfers. Transfers and payments can be made
for any amount starting at $1.00 and up to the balance of available
funds in your Account. You authorize us to withdraw or debit
the necessary funds from your Account on the date you schedule
the payment to be initiated or submit a transfer request. You
agree that you will instruct us to make a withdrawal only when
a sufficient balance is or will be available in your Accounts
at the time of the withdrawal. If you do not have a sufficient
balance, we may refuse to complete the transaction. In either
case, we reserve the right to impose a non-sufficient funds
fee, and no further attempt will be made by us to issue the
payment or to process the transfer request. If your attempted
payment exceeds the balance of available funds in your Account,
it will not be processed. We are under no obligation to notify
you if we do not complete a payment or transfer because there
are non-sufficient funds in your Account to process the transaction.
In all cases, you are responsible for making alternate payment
arrangements or rescheduling the payment through the service.
- Canceling Online Transfers.
You cannot cancel your payment or transfer after it has been
entered and e-Banking provides you with a confirmation. However,
you can use e-Banking to reverse a transaction after it has
been entered. Regarding a payment generated by e-Pay or a transfer
generated by External and Third Party Funds Transfer, please
refer to the applicable provisions regarding your right to change
or cancel a payment or transfer as set forth in the addendum
governing such payment or transfer.
- Stop Payment.
You may use e-Banking to stop payment on a check drawn on an
Account in an amount not exceeding $999.99. However, you cannot
request a stop payment for a transfer payment initiated and
confirmed through any of the e-Banking Services. Please refer
to the e-Banking Stop Payment web pages for any additional information
regarding a stop payment request and any additional limitations
regarding such requests.
Upon submitting a transfer request you will be provided a transaction
confirmation number. Absent a confirmation number, you must
consider that the transfer request was not properly submitted
and you must resubmit it in order for e-Banking to process the
- External and Third Party
Funds Transfer. You may also separately enroll in External and
Third Party Funds Transfer service which is a fee-based service
enabling you to initiate an External Transfer. You may also use
the Funds Transfer services to transfer funds from an Account maintained
with us to an account of a third party maintained with (i) us; (ii)
Whitney Bank; or (iii) another U.S. financial institution (a "Third
Party Transfer). We will waive any External Transfer fee
that otherwise would be imposed for transfers of funds from (i)
an Account maintained with us in one state to an Account maintained
with us in another state, i.e. from an Account maintained in Mississippi
and another Account maintained in Alabama or Florida, and (ii) an
Account maintained with us to an Account which is maintained with
Whitney Bank, our affiliated bank.
- Line of Credit Advances.
- General. You may use the e-Banking Services
to obtain an advance from an Eligible Line of Credit (an "Advance").
You may not, however, obtain an Advance to make a loan payment directly
on an Eligible Loan Account. Advances from an Eligible Line of Credit
only include one-time, immediate advance basis and not on a recurring,
scheduled advance basis. The completion of an Advance from an Eligible
Line of Credit requires the line of credit to be in good standing
and have sufficient credit available at the time of final processing
such a request. We do not have an obligation to notify you if we
do not complete an Advance because your Eligible Line of Credit
lacks sufficient available credit or is not in good standing. Please
refer to the Instructions for any limitations placed on the number
of Advances and aggregate amount of such Advances available per
day. Except to the extent inconsistent with the provisions within
this section or the related Instructions, Advances are subject to
the terms and conditions generally applicable to Transfers.
- Eligible Line of Credit Agreement. You hereby
acknowledge and agree that any agreement by which we made the Eligible
Line of Credit available to you (an "Eligible Line of Credit
Agreement") is hereby amended to include the Advances feature
of e-Banking as another means whereby you may obtain a credit advance
under the Eligible Line of Credit Agreement, notwithstanding any
terms in such agreement for any change in terms to be accepted by
a signed writing. You further acknowledge and agree that the terms
and conditions of this Agreement which apply to obtaining an Advance
using the e-Banking Services shall supplement the terms of any Eligible
Line of Credit Agreement.
- e-Pay. Using this
service, you may make one-time or recurring payments online from an
Account (depository account) to companies or persons that you select
("Payees"). You must separately enroll in e-Pay Services and
agree to the terms and conditions of the e-Pay
- e-Statements. The
e-Statement service allows you to replace your mailed paper statement
for certain Accounts with an electronic PDF version that you can view,
save to your computer or print at your convenience. e-Statements also
may include, in our discretion, the delivery or making available to
you electronic versions of legal notices and disclosures required to
accompany periodic statements of account and other notices or enclosures
(collectively, an "e-Statement"). You must separately enroll
in e-Statement Services and agree to the terms and conditions of the
- Stop Payment.
You may use e-Banking to stop payment on a check drawn on an Account
subject to certain limitations found either in the e-Banking Instructions
or the Stop Payment Addendum. Please refer to the e-Banking Stop
Payment Addendum and the Instructions for any additional information
regarding a stop payment request and any additional limitations regarding
- Other Banking Functions.
You may use e-Banking to perform self-service maintenance such as changing
your UserID and Password or send us secure online mail messages and
questions regarding e-Banking.
Some of these Services may not be available
for certain accounts or customers.
- Electronic Funds Transfer Provisions
- In Case Of Errors or Unauthorized
Payments or Transfers
If you believe that an unauthorized transaction has been or may be made
from one of your Eligible Accounts,
Attn: Call Center
Post Office Box 4019
Gulfport, MS 39502
Also, contact us as soon as you can, if you think:
- your statement or transaction record is
- you need more information about a transaction
listed on your statement;
- an unauthorized person has discovered either
your User Id or Password for any of your e-Banking Services; or
- any payments or transfers have been made
without your authorization.
Our Customer Service Representatives are available
from 7 a.m. to 7 p.m., Monday through Friday, excluding bank holidays,
and 8 a.m. through 2 p.m. on Saturday. We must hear from you no later
than 60 days after we have sent the first statement on which the problem
or error appeared. When you contact us, please provide the following
- your name and account number;
- the date and dollar amount of the transaction(s)
- the external bank routing number and account
- the confirmation number assigned any of
the Services, if available;
- a description of the transaction you are
If you tell us verbally, we may require you to send us your complaint
or question in writing or via e-mail within 10 business days.
We will determine whether an error occurred within 10 business days
after we hear from you and will correct any error promptly. If we
need more time, however, we may take up to 45 days to investigate
your complaint or question. If we decide to do this, we will provisionally
credit your Account within 10 business days for the amount you think
is in error, so that you will have the use of the money during the
time it takes us to complete our investigation. If we ask you to put
your complaint or question in writing and we do not receive it within
10 business days, we may not provisionally credit your Account.
For errors involving new Accounts we may take up to 90 days to investigate
your complaint or question and we may take up to 20 business days
to credit your Account for the amount you think is in error.
We will tell you the results within three (3) business days after
completing our investigation. If we decide that there was no error,
we will send you a written explanation. You may ask for copies of
the documents that we used in our investigation.
- Your Liability For Unauthorized Transfers
Tell us AT ONCE if you believe that your User Id and/or Password has
or have been comprised. Telephoning is the best way of keeping your
possible losses down. You could lose all of the money in your Account
(plus your maximum overdraft line of credit). If you tell us within
2 business days, you can lose no more than $50 if someone used your
User Id and Password without your permission. If you do NOT tell us
within 2 business days after you learn that your User Id and Password
have been compromised and we can prove we could have stopped someone
from accessing your User Id and Password without your permission if
you had told us, you could lose as much as $500.
Also, if your statement shows payments or transfers that you did not
make, tell us at once. If you do not tell us within 60 days after the
statement was mailed to you, you may not get back any money you lost
after the 60 days if we can prove that we could have stopped someone
from taking the money if you had told us in time. If a good reason (such
as a long trip or hospital stay) kept you from telling us, we will extend
the time periods.
- Our Liability For Failure To
If we do not complete a transaction to or from your Account on time,
or in the correct amount according to our agreement with you, we will
be liable for your losses or damages. However, there are some exceptions.
We will not be liable, for instance:
- if, through no fault of ours, you do not
have enough available funds in your account to cover the payment
or transfer or your Account has been closed;
- if the transfer would exceed your overdraft
protection or line of credit limit (if available);
- if your computer equipment and/or software
or e-Banking were not working properly and you knew about the malfunction
when you started the payment or transfer;
- if circumstances beyond our control (such
as computer failure, telecommunications outages, fire, flood, loss
of electrical power or other natural disasters) prevent us from
making or completing a payment or transfer, despite reasonable precautions
we have taken;
- if the funds in an Account from which you
attempt to make a payment or transfer are restricted by legal process
or other encumbrances;
- if you attempt to transfer or make a payment
exceeding the per day dollar limitations established by this Agreement;
- if we have reason to believe that you or
someone else acting with you is using e-Banking for illegal or fraudulent
- if we have security reasons to limit or
otherwise refuse the transaction;
- if either you or we have terminated this
- based upon any other exceptions stated in
our Agreement with you.
- Other Limitations To Our Liability.
- Authorized Payments or Transfers.
We are not liable for your authorized payments or transfers. When
you give someone your User Id and Password, you are authorizing
that person to use your e-Banking Services and you are responsible
for all transactions the person performs using such services. Transactions
from which you benefit are also authorized transactions. Transactions
that you or someone acting with or for you initiates with fraudulent
intent are also authorized transactions.
- Access To e-Banking Services. You
hereby acknowledge that our ability to provide access to e-Banking
using the Internet is dependent upon the Internet and equipment,
software, systems, data and services provided by various telecommunication
carriers, equipment manufacturers, firewall providers, encryption
systems developers and other vendors and third parties. Therefore,
we do not warrant access to the Services and/or that the Services
delivered over the Internet will operate without interruption or
delay and/or be error free, or that all failures of the Services
delivered over the Internet can or will be corrected.
- General Limitation of Liability.
To the extent permitted by applicable law or regulation, we hereby
disclaim all warranties, express or implied, including warranties
or merchantability and fitness for a particular purpose regarding
the e-Banking Services. Furthermore, in no event shall we be liable
for any special indirect, incidental, or consequential damages whatsoever
resulting from the loss or use of data, whether or not advised of
the possibility of such loss or damage.
The foregoing limitations to our liability supplement are supplemented
by similar provisions contained in other sections of this Agreement.
- Cancelling; Terminating; Disabling; Suspending e-Banking and Additional
Your access to the e-Banking Services will remain in effect until it is
cancelled by you or terminated by us or disabled and/or suspended by us.
- Cancellation. You
may cancel your service at any time by notifying us of your intent to
cancel by telephone, in writing or by e-mail as explained in that section
of this Agreement titled "Notices." You may cancel one or
more of those Additional e-Banking Services in which you separately
enroll such as Mobile Banking, e-Pay, External and Third Party Funds
Transfer and e-Statements without canceling your access to e-Banking
and use of the other e-Banking Services. Cancellation or termination
of e-Banking in general works to cancel all of such services including
those Additional e-Banking Services. If you notify us verbally, you
may be asked to send written notification. Your notice of cancellation
will take effect after we receive it and have a reasonable amount of
time to act on it.
- Termination. We may
terminate or suspend your access to e-Banking for any reason and at
- Access Disabled Inactivity.
Regarding inactivity, we will disable your Logon ID if you have not
successfully logged onto e-Banking for a continuous period of one hundred
and eighty (180) days. Once disabled you must reactivate your e-Banking
access by contacting us as provided in the "Notices" section
below. If you have not reactivated your e-Banking access within thirty
(30) days after we disabled your Logon ID, the Additional e-Banking
Services will be suspended and any recurring or non-recurring scheduled
payments, pending payments or payments in progress will be terminated
as a result. Thereafter, you would need to reactivate e-Banking and
any Additional Services (including re-scheduling any recurring or non-recurring
payments) to engage in e-Banking using your Accounts.
- Cancellation, termination, or suspension
will not stop any transfer, payment or stop payment requests that
you previously submitted and that we confirmed. Furthermore, upon
cancellation, termination or suspension of your e-Pay Services,
all Scheduled Payments (recurring and non-recurring), Pending Payments
and payments in process will be stopped.
- Please refer to that section titled
"Terminating e-Statements; Disabling e-Banking; and Suspending
e-Statements for important notices regarding the impact these actions
or circumstances may have on the manner in which we make your Account
statements and the related notices and disclosures available to
you, your obligations, and the manner in which you can gain access
to either your electronic or paper Account statements and the related
notice and disclosures.
- You are responsible for all fees and charges
for or arising out of the use of e-Banking and Additional e-Banking
Services. Your obligations under this Agreement survive its termination
or cancellation. Furthermore, if you cancel after the beginning
of a particular month and later cancel your enrollment or subscription
to one of the Additional e-Banking Services imposing a monthly fee
or charge, you will not be entitled to the reimbursement of all
or a prorated fee or charge.
Although we will attempt to notify you of
such actions in advance, we are not obligated to do so.
- General Provisions.
- Monthly Service and Other Charges.
You may access your Accounts through e-Banking without incurring a monthly
fee or service charge, except as expressly provided in the Personal
e-Services Fee Schedule. However, you will incur fees and charges
to use certain of the Services or fees and charges arising out of your
use of such Services as provided in the Related Agreements. Such fees
and charges may include, but are not limited to, fees and charges to
process your stop payment requests or fees and charges incurred for
a payment or transfer from an Account such as, but not limited to, an
excess transaction fee or non-sufficient funds fee. The amount of such
fees are disclosed in our current Truth In Savings, Deposit Account
Information, Disclosure of Account Terms, which you either received
upon establishing your Account with us or as we thereafter supplemented.
- Business Days.
Our business days are Monday through Friday, excluding bank holidays.
- Service Hours.
e-Banking is available 365 days a year and 24 hours a day except during
system maintenance and upgrades. Should you need personal assistance,
our Customer Service Representatives are available from 7 a.m. to 7
p.m., Monday through Friday, excluding bank holidays, and 8 a.m. through
2 p.m. on Saturday.
- Credit Information.
You acknowledge and agree that we or a third party acting as our agent
may obtain and use information from consumer credit reporting agencies
in connection with any accounts, products, and services offered by us
to investigate or reinvestigate any information provided by you. We
may also verify your employment, salary, assets, debts, and references.
- No Signature Required.
When any transfer, payment, Advance, or other Service generates items
to be charged to an Account, you agree that we may debit the applicable
account without requiring your signature on the item or without prior
notice to you.
- Notices. You may
provide notice to us of any matter related to or arising out of this
Agreement, as follows:
Attn: Call Center
Post Office Box 4019
Gulfport, MS 39502
- Severability. If
any term or provision of this Agreement is found to be unenforceable,
it will not make any other term or provision unenforceable. If there
is any conflict between any term of this Agreement and applicable law,
this Agreement will be considered changed to the extent necessary to
comply with such law.
- Waiver. You agree
that our delay or failure to require your strict performance of any
provision of this Agreement will not be considered our waiver of any
of the terms of this Agreement or our rights to your strict performance
of the same or like provisions, or any other provisions hereof. Any
waiver of rights by us must be in writing and signed by our duly authorized
- Assignment. You
may not assign your rights and obligation under this Agreement to any
other person. We may assign the rights and delegate the duties under
this Agreement to any entity directly or indirectly affiliated with
us now or in the future or to any third parties.
- Captions. The
captions of sections herein or for other headings are for convenience
of reference only and shall not control or affect the meaning or construction
of any of the provisions for this Agreement.
- Governing Law and Venue.
We are a banking corporation chartered under the laws of the State of
Mississippi and we offer the e-Banking and Additional e-Banking Services
to our customers for their Accounts opened and maintained in Mississippi,
Alabama or Florida. Accordingly, you agree that the terms and conditions
of this Agreement shall be governed by and construed in accordance with
the laws of the State of Mississippi, without regard to its conflict
of law provisions.
Lists of examples are intended as illustrative and not definitive.
Consent to Electronic Delivery of Notices and Disclosures
These Personal e-Banking Services are available only if you accept electronic
delivery of (1) disclosures required by law, such as those required under
the Electronic Fund Transfer Act, and (2) notices about e-Banking, such as
a change of e-Banking terms and conditions, fees or services. If you do not
accept electronic delivery, you may not become or thereafter continue as an
Electronic delivery means that notices and disclosures may either be:
- e-mailed to the e-mail address listed for you on
the e-Banking enrollment form or
- Posted on our Internet web site www.hancockbank.com.
You cannot accept electronic delivery of disclosures and notices from us
and cannot be a e-Banking customer if you are not able to:
- Access disclosures or notices and
- Keep (print, download, etc.) a copy of disclosures
If you agree to electronic delivery, you also agree to notify us of changes
to your e-mail address.
To update your e-mail address, to inquire about disclosures or notices, or
to get a paper copy of a particular notice or disclosure, e-mail us at firstname.lastname@example.org,
call us at 1-800-448-8812, or write us at Hancock Bank, Attn: Call Center,
Post Office Box 4019, Gulfport, Mississippi 39502.
To withdraw your consent to electronic delivery, call us at 1-800-448-8812,
write to us at Hancock Bank, Attn: Call Center, Post Office Box 4019, Gulfport,
Mississippi 39502, or e-mail us at email@example.com.
If you withdraw your consent, e-Banking privileges will be terminated.