Terms and Conditions
Hillsboro Bank's Online Banking Agreement /
This Agreement governs the use of Hillsboro
Banking service and is made and entered into by and between Hillsboro
Bank ("Bank"), also referred to as "we" and
each person who signs Bank's signature card for the Account being
accessed or is referenced on the Bank's records as an owner of
the Account, or each party whose signature appears on a credit
line application ("Customer"), also referred to as
("you"). Each customer on the account is jointly liable
for all transactions initiated through Online Banking, including
overdrafts, even if the customer did not participate in the transaction,
which resulted in the overdraft.
Banking business days are Monday
through Friday, excluding Saturday, Sunday and federal holidays.
You may access Account information through Online Banking 24
hours a day, 7 days a week, except for interruptions due to maintenance
or matters beyond the Bank's control.
Online Banking services
and each of your accounts are governed by the applicable Disclosures,
Rates and Fee Schedules provided by the Bank in your new account
packet, as each may be modified from time to time. Your initial
use of Online Banking services indicates your agreement to be
bound by this agreement and acknowledges your receipt and understanding
of this document.
To subscribe to Online Banking, you must maintain
at least one deposit Account with the Bank. Online Banking will
allow you to access more than one Account, to view Account balance(s)
and transaction information, transfer funds among designated
Accounts, send electronic mail to the Bank, and receive electronic
mail from the Bank. The Bank reserves the right to deny the Customer
the ability to access Online Banking, to limit access or transactions
or to revoke a Customer's access to Online Banking without advance
notice to the Customer.
You are responsible for paying any fees
associated with Online Banking as outlined within this agreement
as well as any fees that may be accessed by your Internet Service
Provider and for any telephone charges or fees incurred by accessing
The Bank is entitled to act on instructions received
through Online Banking under your password and without inquiring
into the identity of the person using that password. You
should not under any circumstances disclose your password by
telephone or to anyone claiming to represent the Bank; Hillsboro
Bank employees do not need and should not ask for your password. You
are liable for all transactions made or authorized using your
password. The Bank has no responsibility in establishing the
identity of any person using your password. If, despite the Bank's
advice, you give your password to anyone, you do so at your own
risk since anyone to whom you give your password or other means
of access will have full access to your account(s) even if you
attempt to limit that person's authority. You must contact the
Bank immediately in the event that your password has been lost,
stolen or otherwise compromised so that it will not be honored
and can be disabled. You hereby release the Bank from any liability
and agree not to make any claim or bring any action against the
Bank for honoring or allowing any actions or transactions where
you have authorized the person performing the actions or transactions
to use your account(s) and/or you have given your password to
such person, or, in the case of a jointly held account, such
person is one of the Account owners. You agree to indemnify the
Bank and hold it harmless from and against any and all liability
(including but not limited to reasonable attorney fees) arising
from such claims or actions.
Account information displayed through
Online Banking is current information. Funds transfers between
Account(s) initiated on your computer using Online Banking
and received by the Bank by 5:45 P.M. EST Monday through Friday
will be effective on the current business day. Funds transfers
processed on your computer using Online Banking and received
after 5:45 P.M. EST Monday through Friday or all day Saturday,
Sunday and banking holidays will be effective the following
Electronic mail to the Bank may be delayed; therefore,
if you need the Bank to receive information concerning your Account
immediately, you must contact the Bank in person or by telephone
(i.e. stop payments, to report a lost or stolen ATM card or to
report unauthorized use of your Account). The Bank shall have
a reasonable period of time after receipt to act on requests
or information you send by electronic mail.
The Bank will mail
or deliver to you periodic statements for your Bank Accounts
as disclosed in your deposit agreements. The Bank will include
any transfers you authorize through Online Banking on your statements.
You agree to review your periodic statements in accordance with
this Agreement and any other deposit Agreements governing your
Account, for accuracy of all data transmitted through Online
Banking. You should promptly notify the Bank of any discrepancies,
including but not limited to, any errors or inaccuracies related
to data transmitted by Online Banking.
Some of the terms set
forth below are governed by the Electronic Funds Transfer Act
("EFT Act"), which is only applicable
to consumers. Commercial Account holders are not entitled to
the rights provided under the EFT Act.
If you believe unauthorized
transactions are being made from your Account, please notify
the Bank immediately. Contact Hillsboro Bank (813)
707-6506 or write the Bank at: 509 W. Alexander Street, Plant
City, FL 33563.
If you feel that any statement is wrong, or you
wish to have more information about a transfer listed on a statement,
contact us in writing or by telephone. We must hear from you
within sixty (60) days after we send you the FIRST statement
on which the problem or error appeared. When you contact us,
1) Tell us your name and Account number
2) Describe the error
or the transfer you are unsure about, and explain as clearly
as possible why you believe it is an error or why you need more
3) Tell us the dollar amount of the suspected error.
notify us by telephone, we may require that you send us your
complaint or question in writing within ten (10) business days.
If we ask you to put your complaint or question in writing and
we do not receive it within ten (10) business days, we may not
provisionally credit your Account.
We will tell you the results
of our investigation within ten (10) business days after notice
of the problem and will correct any error promptly. If we need
more time, however, we may take up to ninety (90) days to investigate
complaints or questions concerning foreign-initiated transfers,
or up to forty-five (45) days to investigate all other electronic
transfers. If we need this extended time to investigate, we will
provisionally credit your Account within ten (10) business days
for the amount you think is in error. You will have the use of
the money during the time it takes us to complete the investigation.
If we decide no error occurred, we will send you a written explanation
within three business days after our investigation is completed.
You may ask for copies of the documents we used in our investigation.
You shall be responsible for all transfers you authorize through
Online Banking. You shall also be responsible for all transactions
initiated by persons to whom you have given your password. You
must report to the Bank AT ONCE if the password has been lost
or stolen. Telephoning is the best way of minimizing possible
losses. Failure to notify the Bank could result in the loss of
all money in your Account plus your maximum line of credit, if
you have one. If you report to the Bank within two (2) business
days, the loss sustained by you will be no more than $50 if your
password is used without your permission. If you do not report
to the Bank within two (2) business days after learning of the
loss or theft of the password, and the Bank can prove that it
could have prevented someone from using the password without
your permission had it been notified, you could lose as much
as $500. Also, if the statement shows electronic transfers you
did not make, report them to the Bank at once. If you do not
tell the Bank within 60 days after the statement was mailed,
you may lose all of the money transferred after the 60 days if
the Bank can prove that it could have prevented the loss had
you reported it promptly. The Bank may extend the time periods
for a good reason, such as a long trip or hospital stay, which
might keep you from notifying the Bank.
The Bank shall be responsible
for performing services expressly provided for in this Agreement,
and shall not be liable for any error or delay, so long as the
Bank acted in accordance with the terms and conditions hereof.
The Bank shall not be liable if you do not have sufficient funds
in a designated Account to complete the transaction you initiate
or if the Account is closed. The Bank shall not be liable if
you have not given the Bank complete, correct or current transfer
or payment instructions or if you have not followed proper instructions
given through Online Banking. The Bank shall not be responsible
for any loss, damage, liability, or claim arising, directly or
indirectly from any error, delay or failure in performance of
any of its obligations hereunder which is caused by fire or other
natural disaster, strike, civil unrest, any inoperability of
communications facilities or any other circumstances beyond the
control of the Bank.
I certify that I am at least 18 years of
age, and that I have read, understand and agree to all terms,
conditions and disclosures indicated on the previous screens
and that I have truthfully and fully completed all items on this
My initial use of Hillsboro
Banking product constitutes my acceptance and agreement to be
bound by all of the terms and conditions of this agreement and
acknowledges my receipt and understanding of this agreement.
The Bank has the right to modify or terminate this Agreement
at any time. We will comply with any notice requirements under
applicable law for such changes or termination. If we terminate
this Agreement, no further Online Banking transfers will be made,
including but not limited to any payments or transfers scheduled
in advance or any preauthorized recurring payments or transfers.
If we modify this Agreement, your continued use of Online Banking
services will constitute your acceptance of such changes in each