Online Access Agreement

Agreement- This Agreement is a contract, which establishes the rules, which cover your electronic access to your accounts at Androscoggin Bank (“AB”) through Online Banking. By using Androscoggin Bank’s Online Banking, you accept all the terms and conditions of this Agreement. Please read it carefully.

The terms and conditions of the deposit agreements and disclosures for each of your AB accounts as well as your other agreements with AB, such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.

This Agreement is also subject to applicable federal laws and the laws of the State of Maine. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and AB’s successors and assignees. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement constitutes the entire agreement between you and AB with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.

Definitions– As used in this Agreement, the words “we”, “our”, “us” and “AB” mean Androscoggin Bank. “You” and “your” refer to the accountholder authorized by AB to use Androscoggin Bank’s Online Banking under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder’s funds through Androscoggin Bank’s Online Banking. “Account” or “accounts” means your accounts at AB. “Electronic funds transfers” means ATM withdrawals, pre-authorized transactions, point of sale transactions, transfers to and from your AB accounts using Androscoggin Bank’s Online Banking, including bill payments. “Androscoggin Bank’s Online Banking Services” means the services provided pursuant to this Agreement, including the Bill Payment Service. “Business days” means Monday through Friday; holidays are not included.

Access- To use Androscoggin Bank’s Online Banking, you must have at least one account at AB, access to Internet service, and an e-mail address. Androscoggin Bank’s Online Banking can be used to access only the AB accounts, which you have been designated as an account owner. We undertake no obligation to monitor transactions through Androscoggin Bank’s Online Banking to determine that they are made on behalf of the accountholder.

Androscoggin Bank’s Online Banking Services- You can use Androscoggin Bank’s Online Banking to check the balance of your AB accounts, view account histories, transfer funds between your AB accounts, view statements, view individual check images, place stop payments, and pay bills from your AB accounts in the amounts and on the dates you have requested if you request the Bill Payment Service on your Enrollment Form. Balance and activity information is provided in a real time environment.

Hours of Access- You can use Androscoggin Bank’s Online Banking seven days a week, twenty-four hours a day, although some or all Androscoggin Bank’s Online Banking services may not be available occasionally due to emergency or from 11:00pm Saturday until 4:00am Sunday for scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the AB Androscoggin Bank’s Online Banking website located at www.AndroscogginBank.com.

Your Password- During the initial enrollment process you will select your user code and password. You determine what password you will use and your password will not be communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password. If you do not sign into the Androscoggin Bank’s Online Banking system for a period of 180 days, your access to Androscoggin Bank’s Online Banking will be revoked. To re-establish your authorization to use Androscoggin Bank’s Online Banking; you must reenroll for Androscoggin Bank’s Online Banking. Upon three unsuccessful attempts to use your password, your access to Androscoggin Bank’s Online Banking will be revoked. To re-establish your authorization to use Androscoggin Bank’s Online Banking, you must contact us to have your password reset or to obtain a new temporary password.

We recommend that you follow Best Practices in protecting your password. The password should utilize both upper and lower case alpha and numeric characters as well as symbols for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down. You should also change your password every 45-60 days.

Security- You understand the importance of your role in preventing misuse of your accounts through Androscoggin Bank’s Online Banking and you agree to promptly examine your paper/electronic statement for each of your AB accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your password and user code are intended to provide security against unauthorized entry and access to your accounts. Data transferred via Androscoggin Bank’s Online Banking is encrypted in an effort to provide transmission security and Androscoggin Bank’s Online Banking utilizes identification technology to verify that the sender and receiver of Androscoggin Bank’s Online Banking transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the Androscoggin Bank’s Online Banking Center system is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing Androscoggin Bank’s Online Banking, or e-mail transmitted to and from us, will not be monitored or read by others.

Fees and Charges– You agree to pay the fees and charges for your use of Androscoggin Bank’s Online Banking Bill Payment Services as set forth in the current fee schedule. You agree to pay any additional reasonable charges for services you request, which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of Androscoggin Bank’s Online Banking.

Posting of Transfers- Transfers initiated through Androscoggin Bank’s Online Banking before 5:00 p.m. (Eastern Standard Time) on a business day are posted to your account the same day. Transfers completed after 5:00 p.m. (Eastern Standard Time) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day.

Overdrafts (Order of Payments, Transfers, and other Withdrawals)- If your account has insufficient funds to perform electronic fund transfers you have requested for a given business day, then:

1. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
2. Electronic fund transfers initiated through Androscoggin Bank’s Online Banking, which would result in an overdraft of your account, may, at our discretion, be cancelled.
3. In the event the electronic fund transfers initiated through Androscoggin Bank’s Online Banking, which would result in an overdraft of your account, are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.

Limits on Amounts and Frequency of Androscoggin Bank’s Online Banking Transactions- The number of transfers from AB accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

Androscoggin Bank’s Online Banking Bill Payment Service (provided by CheckFree)- You must designate the AB Checking account from which the payments are to be made; the complete name of the payee, the account number, and the payee’s remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be debited from your account. By using CheckFree Bill Payment Service option, you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer, “no signature required draft”, or by debiting and remitting funds on your behalf. You also agree that all CheckFree bill payments will be charged directly to your Primary Checking Account. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly.

Scheduling Androscoggin Bank’s Online Banking Payments (provided by CheckFree)– If the payee is to be paid by paper, you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until 5 to 8 business days after the date the payment is debited from your account. If the payee is to be paid electronically, you understand and agree that the payee may not receive the payment until 48 hours after the date the payment is debited from your account. These processing time frames do not begin until the business day following the debit from your account. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party, such as the failure of the bill payment payee to properly post a payment to your account.

How to Cancel a Bill Payment- To cancel a bill payment that you have scheduled through CheckFree, you must cancel the payment online via the CheckFree link located in the Androscoggin Bank’s Online Banking (by following the onscreen instructions) before 5:00 p.m. (Eastern Standard Time) on the date the payment is scheduled to be debited from your account.

Stop Payment Requests- Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment, which has been paid electronically. You may be able to stop an Androscoggin Bank’s Online Banking bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will immediately process your stop-payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the ID number from the Bill Payment View Posting Screen.

If you make your stop payment request, we may also require you to put your request in the form of paper writing and get it to us within 14 days after you call. You will incur stop payment charges as disclosed in the current fee schedule for the applicable account. Stop payment charges for Androscoggin Bank’s Online Banking bill payment paper drafts will be assessed in addition to the stop payment charges for the applicable account.

Disclosure of Account Information and Transfers- You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau and ChexSystems, in connection with the opening or maintaining of your account or in connection with approving your access to Androscoggin Bank’s Online Banking. You agree and hereby authorize all of these transfers of information.

Periodic Statements- You will not receive a separate Androscoggin Bank’s Online Banking statement. Transfers to and from your accounts using Androscoggin Bank’s Online Banking will appear on the respective periodic paper/electronic statements for your AB accounts.

Change in Terms- We may change any term of this Agreement at any time. If the change would result in increased fees for any Androscoggin Bank’s Online Banking service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the Androscoggin Bank’s Online Banking website or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject Androscoggin Bank’s Online Banking Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce, or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.

In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments- Contact us as soon as you can, if you think your paper/electronic statement is wrong, or if you need more information about a transfer listed on your paper/electronic statement. We must hear from you no later than 60 days after we sent or made available to you the FIRST statement upon which the problem or error appeared. When you contact us:

1. Tell us your name and account number.
2. Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.
3. Tell us the dollar amount of the suspected error.
4. If the suspected error relates to a bill payment made via CheckFree Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. (This information appears on the Bill Payment View Posting Screen.)If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in the form of paper writing by postal mail or fax within 10 business days.We will communicate to you the results of our investigation within 10 business days after you contact us 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 in the form of a paper writing within 10 business days, we may not provisionally credit your account.

   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. If we have made a provisional credit, a corresponding debit will be made from your account.

Our Liability for Failure to Make a Transfer– If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:

1. If, through no fault of ours, you do not have enough money in your account to make a transfer.
2. If a legal order directs us to prohibit withdrawals from the account.
3. If your account is closed, or if it has been frozen
4. If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
5. If you, or anyone authorized by you, commits any fraud or violates any law or regulation
6. If any electronic terminal, telecommunication device, or any part of the Androscoggin Bank’s Online Banking electronic fund transfer system is not working properly, and you knew about the problem when you started the transfer.
7. If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
8. If you have not properly followed the on-screen instructions for using Androscoggin Bank’s Online Banking.
9. If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.

Your Liability for Unauthorized Transfers- CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any).

Also, if your paper/electronic statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper/electronic statement was mailed or made available to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time.

Disclaimer of Warranty and Limitation of Liability- We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Androscoggin Bank’s Online Banking Services provided to you under this Agreement. We do not and cannot warrant that Androscoggin Bank’s Online Banking will operate without errors, or that any or all Androscoggin Bank’s Online Banking Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to Androscoggin Bank’s Online Banking; including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of AB and its affiliates exceed the amounts paid by you for the services provided to you through Androscoggin Bank’s Online Banking.

Your Right to Terminate- You may cancel your Androscoggin Bank’s Online Banking service at any time by providing us with written notice by postal mail or fax. Your access to Androscoggin Bank’s Online Banking will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

Our Right to Terminate- You agree that we can terminate or limit your access to Androscoggin Bank’s Online Banking Services for any of the following reasons:

1. Without prior notice, if you have insufficient funds in any one of your AB accounts. Androscoggin Bank’s Online Banking service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
2. Upon 3 business days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account.
3. If you have not accessed the Androscoggin Bank’s Online Banking system during any consecutive three month period of time.
4. Upon reasonable notice, for any other reason in our sole discretion.

Communications between Androscoggin Bank and You- Unless this Agreement provides otherwise, you can communicate with us in anyone of the following ways:

• E-mail -You can contact us by e-mail at customerservice@AndroscogginBank.com (Please note that banking transactions through Androscoggin Bank’s Online Banking are not made via e-mail.)
• Telephone -You can contact us by telephone at (207) 753-1534 or 1-800-966-9172
• Facsimile -You can contact us by fax at (207) 376-3555.
• Postal Mail –
  

  Androscoggin Bank
  ATTN: Customer Service
  PO Box 1407
  Lewiston, ME 04243-1407

In Person -You may visit us in person at anyone of our locations:

• 30 Lisbon Street, Lewiston, ME (Main office)
• 505 Sabattus Street, Lewiston, ME
• 683 Minot Ave, Auburn, ME
• 208 ½ Maine Street, Brunswick, ME
• 242 Bath Road, Brunswick, ME
• 130 Middle Street, Portland, ME
• 170 Main Street, South Paris, ME
• 580 Lisbon Street, Lisbon Falls, ME
• Route 4, Turner, ME
• 24 Portland Road, Gray, ME
• 6 Androscoggin Lane, Jay, ME

Consent to Electronic Delivery of Notices- You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on Androscoggin Bank’s Online Banking website or by e-mail. You agree to notify us immediately of any change in your e-mail address.

To review our schedule of banking charges and fees, including for online banking and bill pay services, please contact a customer service representative at any one of our 10 banking locations or call us toll-free at 1-800-966-9172.

Federal Regulations enacted pursuant to Section 326 of the USA Patriot Act of 2001 require all financial institutions to verify the identity of every person who seeks to open an account, or become a signatory on an account with the institution after October 1, 2003. All persons are subject to the identity verification requirements even though they may be a long term customer of and well known to the institution.

For the purpose of the regulation, an “account” includes every formal banking relationship that entails ongoing services, dealings, or transactions. Some examples are a deposit account, mortgage, investment services relationship, or safe deposit box rental.

If you request to open an account or become a signatory on an account with Androscoggin Bank, and Androscoggin Bank has not previously verified your identity under the new regulatory requirements, you will be requested to provide documentary verification of your identity using one or more of the following:

A valid driver’s license or identity card issued within the United States.
A valid US passport.
Other non-documentary methods deemed necessary.
Similar identification requirements apply to business entities such as corporations and partnerships.

Androscoggin Bank may be required to retain a copy of any document it relied on to verify your identity.

To view our privacy policy, please click here.

Alerts. Your enrollment in Androscoggin Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Androscoggin Bank account(s). Alerts are provided within the following categories:

•  Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
•  Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
•  Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Manage Alerts menu within Androscoggin Bank Online Banking and Manage Alerts menu within Androscoggin Bank Mobile Banking.

Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Androscoggin Bank reserves the right to terminate its Alerts service at any time without prior notice to you.

Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Androscoggin Bank Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

Alerts via Text Message. To stop Alerts via text message, text “STOP” to 96924 at anytime.  Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Androscoggin Bank Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again.  For help with SMS text alerts, text “HELP” to 96924. In case of questions please contact customer service at 800-966-9172. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, and MetroPCS.

Limitations. Androscoggin Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Androscoggin Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Androscoggin Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.