This Agreement for Eastern Bank Online (the “Agreement”), is entered into between the Bank and any customer who uses Intuit Quicken® or QuickBooks® (the “Service”) for online banking and bill payment. This Agreement supplements the terms and conditions in the Deposit Account Agreement that governs your deposit accounts. You should read this Agreement carefully to understand how the Service works, as well as your rights and obligations if you register for and use the Service.
The words “You” and “Your” refer to each accountholder that has requested this service.
The words “We”, “Us” and “Our” mean Eastern Bank.
The words “Bank Account” mean the Eastern Bank checking account you provided in the Service Enrollment Form, from which bill payments will be made and from which the monthly online banking service fee will be deducted.
The words “Additional Account” mean any Eastern Bank Checking, Money Market and Statement Savings account(s) you provided in the Service Enrollment Form, for purposes of viewing or sending/receiving funds transfers.
The word “Account” means both your Bank Account and Additional Account.
The words “Business Day” mean every day, except Saturdays, Sundays, Federal and State holidays.
The words “Deposit Account Agreement” mean the terms and conditions of any Personal or Business Deposit Account Agreement(s) you have with us, and includes your signature card(s), the related Account Disclosure, the accompanying schedules, other account disclosures, and any change of terms notices that may apply to these Deposit Account Agreements.
Before you use the Service, please read this Agreement and the relevant Deposit Account Agreement in their entirety. By choosing to use the Service, you agree that the terms and conditions in this Agreement, as well as any future changes in the terms and conditions of this Agreement, apply to the use of this Service. If you do not agree with the terms and conditions, you may not use the Service. By using the Service, you consent to the electronic transmission of personal financial information. Your consent will be deemed effective for as long as you use the Service. Further, you authorize us or appropriate third parties to act on transaction instructions initiated through the Service. There are other agreements and/or laws and regulations that will govern the use of this Service.
- Electronic Fund Transfer Laws. Some of the transactions permitted under this Agreement are governed by the federal Electronic Fund Transfer Act and Massachusetts General Laws, Chapter 167 B and some of the terms and conditions of this Agreement are disclosures required by these laws.
- Intuit Quicken® or Intuit QuickBooks® License Agreements. The use of Quicken or QuickBooks may be governed by applicable license agreements and nothing in this Agreement shall affect those license agreements.
C. Computer Requirements
In this Agreement, your computer, software including your Internet browser, and the related equipment are referred to collectively as your “Computer and Software”. You are responsible for the installation, maintenance and operation of your Computer and Software. We are not responsible for any errors or failures caused by any malfunction of your Computer and Software, and we are not responsible for any computer virus or related problems that may be associated with the use of your Computer and Software. You are also responsible for all telephone charges incurred in connecting to the Service and charges by your Internet provider to provide connection to the Internet.
D. Account Requirements
To use the Service, you must have at least one checking account with Eastern Bank which is the Bank Account from which payments are to be made in connection with this Service. In addition to that account, the Service will provide access to your other accounts at Eastern Bank such as other checking accounts, Money Market Accounts, and Statement Savings Accounts. You must be an owner of any Account used in connection with this Service and you must be authorized to access all funds contained in those Accounts.
E. User Terms
The following are the terms and conditions of use of the Service. We reserve the right to modify these terms and conditions at any time. Your use of the Service constitutes your acceptance of these terms and conditions and any modifications thereof.
- You agree that the Service may not be used in any unauthorized, illegal, or improper manner or in violation of this Agreement. Without limiting the foregoing, you may not use the Service in violation of any telecommunication, postal, or other local laws or regulations of your country of origin or of the United States or in furtherance or commission of any crime or other unlawful or improper purpose including, without limitation, money laundering. Money laundering means concealing the identity, source or destination of money generated by any illegal activity including tax evasion. You agree to indemnify, hold harmless, and defend Eastern Bank from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable attorney, accountant and expert witness fees) at your sole expense, arising from your failure to abide by these restrictions on use of the Service.
- You further agree:
(i) that electronic transmission of confidential business and sensitive personal information is at your sole risk;
(ii) that Eastern Bank has the right to monitor and review electronic transmissions online and in storage, and to remove or reject any material which Eastern Bank, at its sole discretion, believes may be unlawful or objectionable, without prior notice to you.
F. Banking Functions
You may use the Service to perform the following activities, which are limited to the extent, and subject to the terms, noted below:
- Transfer Funds. Your ability to transfer funds between certain Accounts is limited. Transfers from Statement Savings and Money Market Deposit Accounts made through the Service are limited by applicable Federal and State law, as stated in your Account Disclosure as well as by the terms and conditions of the Deposit Account Agreements applicable to those accounts.
Funds can be transferred immediately or on a future date between your Checking, Statement Savings and Money Market Accounts. We reserve the right to limit the frequency and dollar amount of transactions from your Accounts for security reasons. When you request a fund transfer using the Service, you authorize us to follow the transfer instructions and transfer the funds from the designated originating account to the designated recipient account. If we receive your request prior to 6:00 p.m. Eastern Time on any Business Day, we will transfer the funds on the following Business Day. If we receive your request after 6:00 p.m. Eastern Time on a Business Day or at any time on a day that is not a business day, we will make the transfer on the second Business Day following receipt of your transfer request. The day we make the transfer is called the “Transaction Date.”
We may refuse to act on your fund transfer instruction if there are not sufficient available funds in your Account, including funds available under any linked line of credit, on the Transaction Date. Funds transferred to a deposit account will be deemed deposited on the Transaction Date and will be available thereafter in accordance with our funds availability policy.
- Account Information. The account information that you access will generally be current as of the end of the previous Business Day.
- Electronic Mail. Electronic mail transmissions that you send may not be received immediately and are inherently insecure. For inquiries involving personal or time sensitive information, you agree to contact us by telephone at 1-800-EASTERN (1-800-327-8376).
G. Bill Payment Functions
The following terms and conditions apply to your use of the bill payment features through the Service. Your use of the Service constitutes your acceptance of these terms and conditions as well as acceptance of any modifications or changes to these terms and conditions that we may make in the future. We reserve the right to modify these terms and conditions at any time.
1. Usage. You may use the Service to make payments from your Bank Account. In using the Service, you should accurately follow product use instructions provided in any on-line help tutorials.
2. Bill Payments. To pay bills using the Service, you must use your Computer and Software to authorize payment to a particular payee. You agree to provide correct payee name, address, account information, and payment amount.
Your payment will be made either by transferring funds electronically to the payee or by sending the payee a paper check. All bill payments should be scheduled at least seven (7) Business Days before the payment due date, not including any grace period.
We reserve the right to limit the frequency and dollar amount of payments from your accounts for security reasons.
Please note that some payment transactions will be subject to the rules of the National Automatic Clearing House Association (NACHA).
Payments can only be made to payees with a United States address. We reserve the right to refuse to pay certain payees.
You agree that when you enter your Service username and password to transmit a payment instruction, you authorize us to debit the amount of the payment from your Bank Account. Accordingly, your Service username and password constitute your signature authorization for payment where a signature is required under your account agreements.
3. Recurring Payments. You may use the Service to authorize automatic recurring payments in order to pay recurring bills. These payments must be for the same amount each month and they will be paid on the same date and in the same manner each month, or on the following Business Day if the regular payment date falls on a weekend or holiday.
4. Insufficient Funds. You agree to maintain sufficient funds in the Account from which you are withdrawing funds on the Transaction Date. However, if there are insufficient funds in the Bank Account to make payment, we may either refuse to pay the item or we may make the payment and thereby overdraw the Bank Account. In either event, you are responsible for any non-sufficient funds (“NSF”) or overdraft charges we may impose, as stated in the Account Disclosure. We also reserve the right to refuse to honor payment requests that reasonably appear to us to be fraudulent or erroneous.
5. Scheduling Payments. When using the Service, you should enter and transmit your bill payment instruction at least seven (7) Business Days before a bill is due. It is your responsibility to authorize your payments in such a manner that your bills may be paid on time. You are responsible for any late payment or finance charges that may be imposed as a result of your failure to transmit payment instructions at least seven (7) Business Days in advance of the bill due date. While most payees can be paid through the Service, we reserve the right to refuse to pay certain payees. In this event, we will notify you that the Service cannot be used for the payee.
6. Canceling Payments. After payment requests are transmitted, you may cancel a payment only if the cancellation request is received by us at least five (5) Business Days before the payment is scheduled to be made. If your cancellation request is not received at least five (5) Business Days before payment is to be made, you may be responsible for the payment.
7. Stopping Payments. Your initiation of bill payments through use of the Service will, except as provided in this Agreement, effectively eliminate your ability to stop payment unless a request to cancel a scheduled payment is received by us at least five (5) Business Days before the scheduled payment.
UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS. ACCORDINGLY, YOU SHOULD NOT EMPLOY ELECTRONIC FUND TRANSFERS FOR SERVICES INVOLVING BILL PAYMENT UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.
8. Prohibited Transactions using the Service. This Service may not be used to transmit alimony, child support and other court directed payments or tax payments. (See also Section E, USER TERMS, for additional restrictions.)
H. Security Password
For security reasons, you will be provided a password for accessing the Service. You agree to keep this password confidential to prevent unauthorized use of the Service and unauthorized access to your Account.
As an additional safeguard, you should change your password frequently. If you forget your password, you must contact us to have a new temporary password issued to you. You should allow up to five (5) calendar days to receive this temporary password.
I. Customer's Responsibility
The following is a listing of your responsibilities in connection with the use of the Service.
1. You are responsible for all transactions you authorize using the Service. If you permit other persons to use your username and password to perform transactions, you are responsible for any transactions they authorize from your Account.
2. You should notify us immediately if you believe your Account has been accessed or your username and password has been used without your permission. Contacting us immediately will help you reduce possible losses.
3. You will be liable for any unauthorized transactions using the Service to the extent allowed by applicable federal and state law and this Agreement. There may also be other exceptions to your liability as stated in the Account Disclosure.
4. Tell us AT ONCE if you believe that any User ID, Password, or other access code you use for the Service has been lost or stolen or used without your permission or if there has been any unauthorized transactions. Telephoning is the best way of minimizing your possible losses.
Telephone us at: 1-800-EASTERN (1-800-327-8376) or write to us at:
Online Banking Team
195 Market Street, EP3-02
Lynn, Massachusetts 01901-1508
5. You should tell us AT ONCE if your statement shows transactions or bill payments that you did not make. If you do not tell us within sixty (60) days after the statement was mailed to you, we are not required to investigate the alleged error or to refund any transactions or bill payments to your Account.
If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.
J. In Case of Errors or Questions
In case of errors or questions regarding the Service or related transactions and bill payments, call our Customer Service Center at 1-800-EASTERN (1-800-327-8376). You may also write to:
Online Banking Team
195 Market Street, EP3-02
Lynn, Massachusetts 01901-1508
We must hear from you no later than sixty (60) calendar days after we sent the FIRST statement on which the problem appeared. We will need:
• Your name and account number
• A description of the error and explanation of why you believe it is an error.
• The dollar amount of the suspected error and date on which it occurred.
If the report is made orally, we will require that you send the complaint or question in writing within ten (10) Business Days following the date you notified us. We will tell you the results of our investigation within ten (10) calendar days and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question following the date you notified us. If we decide to do this, we will provisionally credit your account within ten (10) calendar days following the date you notified us for the amount you think is in error, so that you will have the use of your 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 ten (10) Business Days, we may not provisionally credit your account.
We will tell you the results within three (3) Business Days after completing our investigation. If we determine that there was no error, we will send you a written explanation. You may, at no cost, examine and inspect all documents that we used in our investigation. You may also, for a reasonable fee to cover our photocopying costs, ask for copies of the documents that we used in our investigation.
If your question or error involves a transfer or payment to a third party, our investigation will be generally limited to a review of our own records.
K. Bank's Responsibility
We are responsible for processing your instructions and requests. However, we will not be liable if:
1. you do not have adequate funds in an Account to complete a transaction, or if that Account has been closed;
2. you have not properly followed the instructions on how to make a transfer or bill payment;
3. you have not given us complete, correct and current instructions so that we can make a transfer or bill payment;
4. you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due;
5. we make a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt;
6. withdrawals from your Account have been prohibited by a court order such as garnishment or other legal process;
7. your Computer and Software is not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or bill payment;
8. the U.S. Postal service causes a delay; or
9. circumstances beyond our control prevent making a transfer or payment, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, elecommunication outages, postal strikes, delays caused by payees, fires and floods. This list is not all-inclusive. You should refer to your Deposit Account Agreement for other exceptions to our liability.
10. we do not complete a transaction or bill payment from your Account on time or in the correct amount, other than for the reasons described above, we will be liable only to the extent of the payment or transaction erroneously made. Unless prohibited by 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, punitive or exemplary damages, including lost profits, arising in any way out of the installation, use, or maintenance of the Computer and Software used in connection with the Service under this Agreement. We make no warranties, expressed or implied, with respect to the Service including without limitation, the warranties of merchantability and fitness for a particular purpose. We and our suppliers have not been involved in the creation, production, or delivery of the Service and we do not assume any responsibility with respect to your use of the Service except as specifically described in this Agreement. No oral or written information or advice given by us will create any warranty or affect the limitation of liability described in the Agreement.
L. Periodic Statements
We will mail or deliver to you periodic statements for your Account as provided in the Deposit Account Agreement. In addition to reflecting other account activity, your statements will include any transfers or bill payments you authorize using the Service. It is your responsibility to notify us immediately if you detect an error on your periodic statement.
M. Virus Protection
We are not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your personal Computer and Software using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and hardware.
You agree to pay any and all fees associated with the Service. These fees may change from time to time.
We offer the benefits and convenience of the Service to you free for a trial period of three months. Unless you cancel the Service at the end of the trial period, you agree to pay the fees assessed by us from time to time for the Service. The monthly fee is disclosed in our Schedule of Charges brochure and on our web site, www.easternbank.com. All fees will be charged to your Bank Account.
Once you apply and are approved for the Service, you will be charged all fees whether or not you use the Service.
We may change or add fees for the Service at any time with 30 days prior written notice to you. In addition to fees for the Service, the service charges and fees described in the Personal Deposit Account Agreement and its Schedule of Charges brochure will continue to apply.
O. Disclosure of Information to Third Parties
We will disclose information to third parties about your Account or electronic transfers you make:
1. where the other person is a party to the transfer or it is necessary for completing the transfer;
2. where the other person is authorized by law to have access to our records in the course of their official duties;
3. to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant;
4. to comply with a court order or lawful subpoena;
5. to an auditor, attorney, or collection agent for the Bank
6. to a bank service provider for the purpose of servicing your Account; and
7. if you give us your written permission (provided that such permission shall expire after 45 days).
P. No Signature Required
When using the Service to pay bills, payment may be in the form of a paper draft. You agree that we may debit your Bank Account to pay paper drafts that you have not signed. Use of your Service username and password is your signature authorization.
Q. Changes to This Agreement
We may change this Agreement at any time.
Changes to this Agreement will be effective immediately, except those changes which we are required by applicable law to tell you about in advance. Those changes will be effective immediately after we have given you prior written notice as required by applicable law.
You may obtain a current copy of this Agreement or Deposit Account Agreement by calling us at
1-800-327-8376 or writing to us at:
Online Banking Team
195 Market Street, EP3-02
Lynn, Massachusetts 01901-1508
We can assign our rights and delegate our duties under this Agreement to a company affiliated with us or to any other party. You may not assign your rights or duties to anyone else.
S. Data Recording
When you contact us to conduct transactions, the information and electronic mail messages you enter may be recorded. By using the Service, you consent to such recording.
Either you or we may terminate this Agreement and your Service enrollment at any time by giving ten (10) days written notice of the termination to the other party. If you have a joint Bank Account, then any one of you is authorized to terminate the Service. We are not responsible for notifying any remaining account holders of the termination of the Service. If you terminate the Service, you authorize us to continue making transfers and bill payments you have previously authorized until such time as we have had a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further transactions from your Account, including any transfers or bill payments you have previously authorized. However, you must use the Service to cancel any automatic recurring payments prior to termination, otherwise we will continue to make such payments.
If we terminate your use of the Service, we reserve the right to make no further transactions from your Account, including any transactions you have previously authorized.
We may remove your Account from this Service without notice if you do not log on to the Service or have any transaction scheduled through the Service during any consecutive one hundred eighty (180) day period. Once your account has been deleted from the Service you must contact us to re-enroll.
We may also terminate your use of the Service immediately and without notice if you fail to comply with, or follow, the terms and conditions of this Agreement.
U. Governing Law
This Agreement shall be interpreted and governed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its provisions on conflicts of law.
V. Special Rule for Business Customers
The Bank permits certain business customers to use the Service for their Internet banking needs. For those customers, certain provisions of this Agreement do not apply. Therefore, if you are a corporation, partnership, limited liability company, sole proprietor, or other business entity:
1. Your deposit accounts are governed by the Bank’s Business Deposit Account Agreement (rather than its Personal Deposit Account Agreement).
2. The time limits and other requirements relating to our responses to your billing error notices as
described in Sections I and J do not apply.
3. We will not be liable for any losses or damages you may incur through the Service unless they are the result of our gross negligence or willful misconduct.
4. We shall be entitled to rely on the apparent authority of any person who accesses the Service using your user name and password. Except as otherwise provided by law, you will indemnify the Bank and hold it harmless for any loss or expense caused by any person who accesses the Service using your username and password.