Hancock Bank Business Online Banking
Services Agreement and Electronic Consent
(v. HB 04.01.14)
This Services Agreement and Electronic Consent governs your use of our Business
Online Banking Services (generally, "Online Banking" or "Online Banking Services").
Online Banking Access and Use refers to (i) the manner and extent to which we make
the Online 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 Online Banking Services
to you; and (iv) our right to disable, suspend or terminate your access to
the Online Banking Services. In addition to other written or electronic acceptance,
each time you use your Online Banking Services or authorize others to use your
Online Banking Services, you accept and thereby agree to these terms and conditions.
"Hancock Bank" is the trade name used by Whitney Bank in offering and providing banking products and services in Mississippi, Alabama and Florida. All references to "Hancock Bank" shall refer to and mean Whitney Bank.
Table of Contents
Online Banking Services Agreement
Agreements and Law; Conflicts Between Agreements;
Amendments; Entire Agreement
Agreements and Law
- Services Agreement
- Electronic Consent
- Relevant Law
Business Online Banking Services
Limitations; Limitation of Liability
- Automatic or Selected
- Transfers Of Funds
- Internal Transfer of Funds
- Limitations and Dollar Amounts for Transfers
- Canceling Online Transfers
- Stop Payment
- External and Third Party Funds Transfer
- ACH Origination
- Business Bill Pay (including e-Bills)
- Online Statements
- Stop Payment
- Other Banking Functions
- Business Online Banking Eligible and Linked Accounts
- Eligible Accounts
- Linked Accounts
- Your Administrator and Sub-Users
- Two or More Signature Account
- Security Procedures
- Security Procedures
- Obligation To Monitor; Risk Assessment and
Evaluate Internal Controls
- Obligations Regarding Error Detection;
Right To Reject Transaction
- Commercial Reasonableness (Only Applicable
to Business Accounts)
- Limitation of Liability For Transactions
Initiated Using Valid Security Procedures (Only Applicable to Business
- Liability For Errors
- Transfer Errors
- Cancellation Errors
- General Limitations To Our Liability
- Access To Business Online Banking Services
- General Limitation of Liability
- Electronic Funds Transfer Provisions (Only Applicable to Consumer
Accounts, Except as Noted)
- In Case Of Errors or Unauthorized Payments
- Your Liability For Unauthorized Transfers
- Our Liability For Failure To Complete
- Authorized Payments or Transfers
- Cancellation, Termination, and Access Disabled
- Access Disabled - Inactivity
- General Provisions
Consent to Electronic Delivery of Notices and Disclosures
- Monthly Service and Other Charges
- Business Days
- Services Hours
- Credit Information
- No Signature Required
- Governing Law and Venue
Online Banking Services Agreement
Agreements and Law; Conflict Between Agreements;
Amendments; and Entire Agreement
Agreements and Law. Your
access to and use of the Business Online Banking Services is subject to:
Agreement. The terms and conditions contained in this
Agreement, including those specific addenda for certain Services
in which you must separately enroll or otherwise agree to additional
terms and conditions to access and use (the "Services Addenda"
or a "Service Addendum"), such as ACH Origination, Business
Bill Pay, External Funds Transfers, Stop Payment, Account Linking,
and Online Statements (an "Additional Banking Service" or
collectively, the "Additional Banking Services");
Consent. The Consent To Receive Electronic Notices and Disclosures
(the "Electronic Consent") as set forth herein;
Instructions set forth or incorporated by reference herein or
on the Business Online Banking Services web pages and the online, context-sensitive
"Help," Glossary, or FAQs, as hereinafter revised or
supplemented or superseded (collectively herein, the "Instructions");
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, ("Applicable Law"); and
Agreements. This Agreement, the Service Addenda, and
Instructions governs your Business Online Banking Access and Use of
the Business Online Banking Services to access your Eligible Accounts
and perform those banking functions and engage in those banking
transactions authorized as part of such Services. However, your
Eligible Accounts are 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 (as thereafter modified,
amended or superseded, the "Related Agreements"). Such
Related Agreements include, but are not limited to: (i) our Deposit
Agreement; (ii) Deposit Account Information Truth In Savings or
the Business Account Service Fee Information Disclosure, as applicable;
(iii) overdraft protection agreements; (iv) IRA Account Agreements;
(v) VISA® Debit Card; (vi) Handyline; and (vii) any other
loan or credit agreements, as they may be amended from time to
time. You should review your 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 Business
Online Banking Services to perform transactions within your Eligible
Between Agreements. When using one of the Additional Online 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 Online 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 Online Banking Service
or the Instructions related to that particular service, shall not
apply to the Online Banking Services, generally, or to any of the other
Additional Online 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 Business Online Banking Access and Use.
We may amend a Services Agreement 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) thirty
(30) days. Your use of the Business Online Banking Services or otherwise
maintaining and not canceling your Services following the effective
date of any changes indicates your agreement with such changes.
Accordingly, references to the Services Agreement or individual
components such as the Agreement, an Addendum, Electronic Consent,
Instructions, and Applicable Law include future revisions, supplements,
or superseding provisions, as applicable.
Agreement; Acceptance. The Services Agreement is the entire
agreement between you and us and it supersedes any other statements,
writings, and electronic records relating to Business Online Banking
Services. In addition to other written or electronic acceptance,
when you use any of the Business Online Banking Services or appoint
your Administrator to use them, who in turn authorizes Sub-Users
to use them, you accept and thereby agree to the terms and conditions
in this Services Agreement.
- Business Online Banking Services
Your Administrator and Sub-Users, if any (as defined below in that
section titled "Administrator and Sub-Users")
may use the Business Online Banking Services to access your Eligible Accounts (as
defined in that section titled "Eligible and Linked
Accounts") and perform those banking functions and engage in those
banking transactions authorized as part of the Business Online Banking Services.
These banking functions and transactions, including those requiring separate
enrollment or registration such as ACH Origination, Business Bill Pay, External
Funds Transfer, Account Linking and Online Statements, are referred to herein as
the "Business Online Banking Services" or simply as the "Services"
or individually and generally as a "Service."
Services. You may use Business Online Banking to view current balance
information and review a history of transactions for up to sixteen
(16) months on your Eligible Accounts. Using the Pending Transaction
Report, you may use Business Online Banking to view scheduled or non-recurring
electronic transactions after they occur and before they are posted
to your Eligible Accounts. You may also download transactions in QIF
format for use with certain Personal Financial Management software
such as Intuit Quicken® or Business Financial Management
software such as Quickbooks®.
Limitation of Liability. Business Online 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 a check drawn
on such account that has not yet posted to your account or a pending
ACH transaction that has not yet posted to your account (for those
who are also enrolled in ACH Origination Services). Also, depending
upon the type or nature of a pending transaction, it may not post
to your Account or post to your Account in the amount shown in the
Pending Transaction Report. In addition to any other limitations of
liability, 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 the Services regarding your Accounts.
or Selected. Business Online 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 Business
Online 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 basis.
Automatic notifications will be sent to the primary e-mail address
you provided to us and selected notifications can be sent either to
an e-mail address which you provide or via Business Online Banking Secure
Message. If your e-mail address changes, you are responsible for informing
us of such a change. You understand that while we attempt 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.
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.
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.
Transfer of Funds.
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 line of credit
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.
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.
Online Transfers. You cannot cancel your payment or transfer
after it has been entered and Online Banking provides you with a confirmation.
However, you can use Online Banking to reverse a transaction after
it has been entered. Regarding a payment generated by Bill 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.
Payment. You may use Online 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 Online Banking Services. Please refer
to the Online 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 Online Banking to process the request.
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.
Origination. If approved, you may use the ACH Origination Services
to initiate ACH credit entries for Direct Deposit Payroll and Tax Payments
subject to the terms and conditions set forth in the ACH Origination Addendum.
Please note that the ACH Origination Services are limited to commercial
and not consumer purposes.
Bill Pay (including e-Bills). Using this service you may make
one-time or recurring payments online from an Eligible Account (depository
account) to companies or persons that you select ("Payees").
You must separately enroll in Bill Pay services and agree to the terms and
conditions of the Business
Bill Pay Addendum. Bill Pay services also includes the e-Bills feature which
enables you to receive bills electronically from participating Payees
and pay these bills via Bill Pay.
Online Statements allow you to replace your mailed paper statement for certain
Eligible Accounts with an electronic PDF version that you can view,
save to your computer or print at your convenience. Online 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 "Online Statement"). You must separately enroll
in Online Statement Services and agree to the terms and conditions of the
Online Statement Addendum.
Payment. You may use Business Online Banking to stop payment on
a check drawn on an Eligible Account subject to certain limitations found
either in the Business Online Banking Instructions or the Stop Payment Addendum.
Please refer to the Business
Online Banking Stop Payment Addendum and the Instructions for any additional
information regarding a stop payment request and any additional limitations
regarding such requests.
Banking Functions. Your Administrator may use Business Online Banking
to perform self-service maintenance such as changing Logon ID and Passwords,
or a Sub-User's level of Account Access or send us secure online mail
messages and questions regarding Business Online Banking.
Some of these services may not be available for certain
accounts or customers.
Business Online Banking Eligible and Linked Accounts
Accounts. An "Eligible Account" refers to each product
that you have with us which you can access using any of the Services.
Eligible Accounts may include certain business and consumer checking,
savings and other time deposit accounts such as certificates of deposit,
and loan accounts and other consumer or business accounts linked to
your Business Online Banking Services, as provided below. Please note that
if you are a sole proprietor certain of your consumer individual and/or
joint deposit or loan accounts may be linked to our Business Online Banking
Services by default. To remove any accounts linked by default to your
Business Online Banking Services you must contact us as provided in that
section titled "Notices," which
can be found within the General Provisions
of this Agreement.
Accounts. You may allow the authorized representatives of other
businesses or individuals to link business or personal accounts to your
Business Online Banking Services ("Linked Account(s)"). You may
elect to do so at your risk and the risk of such other businesses or
individuals, and not ours. To do so such authorized representatives
and/or individuals must execute and deliver a Linking
Agreement to us and agree to the terms and conditions of the Services
Agreement. Such authorized representatives must have the authority of
their respective business to link such accounts to your Business Online Banking
Services and accept your current Administrator and those appointed from
time to time hereafter to serve as the Administrator of its Linked Account(s)
under the terms and conditions of this Agreement, including any Service
Addendums in which you are separately enrolled. Once linked your Administrator
and each Sub-User may use their individual Security Codes to access
each Linked Account as authorized by the Administrator.
- Your Administrator and Sub-Users
You will access and use the Business Online Banking Services through your
Administrator, who you authorize as your agent to take any and all actions
on your behalf to enroll you in the Business Online Banking Services, including
those Services requiring separate enrollment such as ACH Origination,
Business Bill Pay, External Funds Transfer, and Online Statements, and to initiate
or originate any and all actions or transactions available via the Business
Online Banking Services.
- Sub-Users. You further
authorize your Administrator to add other persons as users of your Business
Online Banking Services and designate which of your Eligible Accounts they
may access and the level of activity in which they can engage in such
accounts ("Sub-Users"). (Sub-Users are not allowed for certain
Eligible Accounts, as noted in the Instructions.) Accordingly, you hereby
authorize each Sub-User to act on your behalf based on the rights that
your Administrator delegates to such Sub-Users. The designation of your
Administrator and Sub-Users, if any, as your authorized agents to engage
in the Business Online Banking Services for an Eligible Account will be considered
the authorization for all other account owners or Linked Customers of
that Eligible or Linked Account. Therefore, any and all actions or transactions
undertaken or originated by your Administrator and Sub-Users on an Eligible
or Linked Account, including those you did not want or intend, are transactions
that are authorized by you and you are responsible for those transactions.
or More Signature Account. You understand and agree that to the
extent of their authority, each Administrator or Sub-User acting alone
can initiate actions or originate transactions and, consistent with
our Deposit Agreement, we do not assume and, in fact, expressly disclaim
any duty to enforce multiple signature or authorization requirements.
- Security Procedures
Procedures. You will control access and use of the Business Online Banking
Services for your Administrator and each Sub-User through access and verification
procedures such as user identifications, passwords, and other authentication
devices (collectively, "Security Codes"), and by defining appropriate
levels of authorization and use for your Sub-Users (such levels of authorization
along with the "Security Codes" are collectively referred to
as the "Security Procedures"). We strongly advise you to properly
use all the Security Procedures as provided in the Instructions. You acknowledge
and agree that you, and not us, are responsible for properly using the
Security Procedures, safeguarding the Security Codes of your Administrator
and each Sub-User, and establishing appropriate levels of access and use
to your Eligible Accounts via the Business Online Banking Services. You agree
that no individual will be authorized as Administrator or as a Sub-User
absent such proper authorization, supervision and safeguards. You further
agree to take those steps necessary to maintain the confidentiality of
the Security Procedures, including, but not limited to, preventing the
unauthorized disclosure of or access to the Security Codes.
To Monitor; Risk Assessment and Evaluate Internal Controls. You understand
that we will not monitor your compliance with the Security Procedures.
You acknowledge and agree that you are responsible for monitoring the
Business Online Banking Service transactions within your Eligible Accounts
and that you will notify us immediately if you have reason to believe
that an Administrator or Sub-User's Security Codes have been compromised
or that an unauthorized transaction or transactions possibly has or have
occurred. We strongly recommend that you periodically, but, no less frequently
than annually, undertake an information systems and data security risk
assessment and evaluation of your related internal controls.
Regarding Error Detection; Right To Reject Transaction. You acknowledge
that the Security Procedures are not designed to enable us to detect your
errors in using the Business Online Banking Services and we have not agreed
to any error detection procedure and assume no obligation to detect any
such errors. You further acknowledge and agree that you are solely responsible
for the timeliness, accuracy and completeness of any instruction or information
entered by your Administrator and Sub-User in connection with any Business
Online Banking Services transaction. Finally, you acknowledge and agree that
we have the right, but not the obligation, to reject any transaction or
request generated via the Business Online Banking Services if the transaction
or request is incomplete or inaccurate in any respect. This right does
not alter, limit or otherwise diminish your obligations regarding the
timeliness, accuracy and completeness of any transaction or request that
Reasonableness (Only Applicable to Business Accounts). You
hereby agree that the Security Procedures, if used as provided in the
Instructions, are consistent with commercially reasonable and acceptable
practices and meet all of your standards for security.
of Liability For Transactions Initiated Using Valid Security Procedures
(Only Applicable to Business Accounts). Without limiting the generality
of the provisions set forth below, YOU HEREBY AGREE TO HOLD US HARMLESS
FOR PERFORMING ANY AND ALL BUSINESS ONLINE BANKING SERVICE TRANSACTIONS AS
AND WHEN ENTERED UNDER A VALID ADMINISTRATOR OR SUB-USER IDENTIFICATION,
PASSWORD AND AUTHENTICATION DEVICE, WHETHER OR NOT THE PERSON ENTERING
SUCH TRANSACTIONS IS AUTHORIZED TO PERFORM SUCH TRANSCTIONS, OR WHETHER
OR NOT THE SUB-USER ENTERED THE TRANSACTIONS TIMELY, ACCURATELY OR COMPLETELY.
YOU AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED
PAYMENTS AND TRANSFERS MADE USING USER IDENTIFICATION, PASSWORDS, AND
SECURITY CODES THAT YOU ASSIGN THAT OCCUR BEFORE YOU HAVE NOTIFIED US
OF POSSIBLE UNAUTHORIZED USE AND WE HAVE A REASONABLE OPPORTUNITY TO ACT
UPON SUCH NOTICE.
Liability For Errors
As used herein, "Errors" refer to our errors in processing
internal transfers under the terms of Section II.C herein and external
transfers under the terms of the External Funds Transfer Addendum (collectively,
"Transfers"). The provisions in this section apply to Errors
in Transfers from business Eligible Account. For provisions regarding
Errors in Transfers from a consumer Eligible Account, please refer to
that section titled Electronic Funds
Transfer Provisions below. Analogous provisions relating to
Business Bill Pay errors can be found in the Business Bill Pay Services Addendum.
Errors. If we do not properly complete a Transfer on time or we
made a Transfer in an amount less than you requested, our liability
is limited to any related late fees or finance charges that you reasonably
incur as a result.
Errors. If we fail to cancel a Transfer according to your cancellation
instructions or if we make a Transfer in an amount in excess of that
you requested, our liability is limited to a refund of the amount erroneously
paid, plus interest thereon lost as a result for the period beginning
with the date on which the funds associated with such Transfer are withdrawn
from your account to the date of such refund. However, in no event will
this interest period exceed 60 days.
If we become liable to you for interest under this Services Agreement
or other applicable law, such interest shall be calculated based upon
the average Federal Funds Rate at the Federal Reserve Bank in the Federal
Reserved District in which we are headquartered for each day interest
is due, computed on the basis of a 360-day year.
The foregoing notwithstanding,
we will not be liable for any monies (late fees, finance charges,
interest or a refund) if you did not properly issue or schedule
or cancel the Payment or Transfer according to the applicable Business
Online Banking Instructions. Furthermore, we will not be liable for any
such monies if any third party, through whom any Payment or Transfer
is to be made, fails to properly transmit the Payment or Transfer
to the intended Payee or transferee, respectively. We will also
not be liable for any such monies if the Eligible Account from which
the Payment or Transfer is to be made: (a) does not have sufficient
available funds and/or overdraft protection to cover the Payment
of Transfer; (b) is subject to a legal order prohibiting disbursements
or withdrawals; or (c) is closed or frozen.
To the extent allowed under
applicable law, the foregoing shall constitute our entire liability
and your exclusive remedy. In no event shall we be liable for any
direct, indirect, special, incidental, consequential, or exemplary
damages, including lost profits (even if advised of the possibility
thereof) arising out of or related to your use of the Bill Pay Services.
General Limitations To Our Liability
To Business Online Banking Services. You hereby acknowledge that the
Internet is an unregulated environment and that our ability to provide
access to the Business Online Banking Services using the Internet is dependent
upon the Internet and equipment, software, systems, data and services
provided by various telecommunications carriers, equipment manufacturers,
firewall providers, encryption systems developers and other venders
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.
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 Business Online 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.
Electronic Funds Transfer Provisions (Only Applicable
To Consumer Accounts, Except As Noted)
The Electronic Funds Transfer Provisions in this section generally apply
only electronic (online) fund payments or transfers that debit or credit
a consumer's checking or savings account, except as otherwise noted
herein, and are subject to the Federal Reserve Board's Regulation E.
We may, when applicable, rely upon any exceptions to the provisions
of this Section that are in Regulation E. All terms used in this Section
which are defined terms under Regulation E and which are not defined
in this Agreement will have the meaning provided in Regulation E.
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 (either consumer or business),
Attn: Business Service 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 wrong;
- you need more information about a transaction
listed on your statement;
- an unauthorized person has discovered any of
your Security Codes for any of your Business Online Banking Services; or
- any payments or transfers have been made without
Our Business Online Banking Specialists are available from 8 a.m. to 6 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 information:
- your name and Hancock Bank 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 unsure
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 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.
Liability For Unauthorized Transfers
Tell us AT ONCE if you believe that any of your
Security Codes have been comprised. Telephoning is the best way of keeping
your possible losses down. You could lose all the money in your account
(plus your maximum overdraft line of credit). If you tell us within
two business days, you can lose no more than $50 if someone used your
Security Codes without your permission. If you do NOT tell us within
two business days after you learn that your Security Codes have been
compromised and we can prove we could have stopped someone from accessing
your Security Codes 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.
Liability For Failure To Complete Transactions
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 your computer equipment and/or software
or the Services 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 making or
completing a payment or transfer, despite reasonable precautions we
- 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 the Services for illegal or fraudulent
- if we have security reasons to limit or otherwise
refuse the transaction;
- if either you or we have terminated this Agreement;
- based upon any other exceptions stated in
our Agreement with you.
These exceptions supplement any limitations
of liability which apply to transfers from any Eligible Account used
for business purposes.
Payments or Transfers. We are not liable for your authorized payment
or transfers. When you give someone your User Id, Password and Security
Code (or appoint someone as a Sub-User), you are authorizing that person
to use your Business Online Banking Services with each and every Eligible or
Linked Account and you are responsible for all transactions that the person
performs using such Services. Similarly, if your Administrator or Sub-User
gives someone his or her User Id, Password, and Security Access Card or
access to such Security Codes, the Administrator or Sub-User is authorizing
all transactions that such a person performs using such Services. Even
those transactions you did not intend or want performed are authorized
transactions. If you notify us that the person is no longer authorized,
then transactions that person performs after the time you notify us and
after we have a reasonable time to act on such notice are considered unauthorized.
Transactions from which you benefit are also authorized transactions.
Transactions that you or someone acting with you initiates with fraudulent
intent are also authorized transactions.
These provisions also apply to transfers
from any Eligible Account used for business purposes.
Cancellation, Termination and Access Disabled
Your access to the Business Online Banking Services will remain in effect until
it is terminated or cancelled by you or by us according to the following provisions.
Furthermore, we may disable your access to the Services due to inactivity,
as discussed in greater detail below.
You may cancel your Business Online Banking Services 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 Services in which you separately enroll such
as Business Bill Pay and/or External Transfer Services and/or Online Statements
without canceling your access to Business Online Banking and your use of the
other Services. However, cancellation of your Business Online Banking Services
works to cancel all Services, including those services in which you separately
enroll. If you notify us verbally, you may be asked to send written notification.
We will give effect to any notice of cancellation from you as soon as
we have had a reasonable amount of time to act on it.
We may terminate or suspend your access to Business Online Banking, generally,
or any other Services in which you separately enroll for any reason, including
inactivity, at any time. Termination of the Business Online Banking Services
will terminate your access to other Services in which you separately enrolled.
Disabled - Inactivity. We may disable your Logon ID if you have not
successfully logged onto Business Online Banking for a continuous period of
180 days; but, we do not have an obligation to do so. Once disabled,
you must reactivate your Business Online Banking access by contacting us as
provided in the "Notices" section below. If you have not reactivated
your Business Online Banking access within 30 days after we disabled your Logon
ID, certain services in which you separately enrolled, such as Business
Bill Pay, External Funds Transfer, and ACH Origination 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 Business Online Banking and any additional services
that were suspended (including re-scheduling any recurring or non-recurring
payments) to engage in online banking using your accounts.
Please note that your inactivity will not
terminate or suspend your Online Statements Service or lessen your obligation
to inspect your account statements as required under the Deposit Agreement
not accompanied by your actual notice to cancel Online Statement Services
will not amount to your request to terminate your Online Statements service
nor your withdrawal of your Consent to Receive Electronic Delivery of
Notices and Disclosures.
Although we will attempt to notify you of such
actions in advance, we are not obligated to do so.
Canceling or terminating or disabling access to the Services will not
stop any transfer, payment or stop payment requests that you previously
submitted and that we confirmed. However, canceling or terminating or
disabling access to the Services will stop all other scheduled payments
(recurring and non-recurring), pending payments and payments in process.
Cancelling, terminating or disabling access to Business Online Banking Services
and/or any Services in which you separately enrolled will not discharge
any of your obligations to us under this Agreement, including your obligation
to pay us all fees and charges incurred prior to such cancellation, termination
or disabling of access.
Service and Other Charges. You may access your Accounts through Business
Online Banking without incurring a monthly fee or service charge, except as
expressly provided in the Business
Online Banking Fee Schedule, herein or in service agreements for other
Services in which you enroll such as Business Bill Pay and External Funds
Transfer services. 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 Hancock's 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.
Days. Our business days are Monday through Friday, excluding bank
Hours. Business Online Banking will be 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.
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.
Signature Required. When any transfer, payment, 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.
You may provide notice to us of any matter related to or arising out of
this Agreement, as follows:
Attn: Business Service Center
Post Office Box 4019
Gulfport, MS 39502
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.
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 representative.
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.
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.
Words used in the Services Agreement in the singular shall include the
plural where the context so permits, and vice versa. The word "including"
shall mean including without limitation. Similarly, the phrase "for
example" shall be interpreted to signal an illustrative list and
not a complete one.
Law and Venue. Whitney Bank, a banking corporation chartered under the laws of the State of Mississippi, offers these Services to its customers in Mississippi, Alabama, Florida, Louisiana and Texas. 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.
Consent to Electronic Delivery of Notices and Disclosures
Business Online Banking Service ("Business Online Banking")
is 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 Business Online Banking, such as a change of Business Online Banking
terms and conditions, fees or Services. If you do not accept electronic delivery,
you may not become or thereafter continue as a Business Online Banking customer.
Electronic delivery means that notices and disclosures may either be:
- E-mailed to the e-mail address listed for you on
the Business Online 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 Business Online 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: Business Service
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: Business Service Center, Post Office Box
4019, Gulfport, Mississippi 39502, or e-mail us at email@example.com.
If you withdraw your consent, Business Online Banking Services will be terminated.