ONLINE BANKING AGREEMENT
Please read these Terms and Conditions carefully and keep them for future reference.
This Online Banking Agreement ("the Agreement") explains the terms and conditions governing basic Online Banking Services and Bill Pay services offered by New Millennium Bank (collectively "Online Banking Services"). By using any of the Online Banking Services, you agree to abide by the terms and conditions of this Agreement.
In this agreement, "we", "us", "our", and "Bank" refer to New Millennium Bank. The term "You" and “your” refers to each and every person and authorized signer on the accounts that may be accessed through Online Banking Services. The term "business days" means Monday through Friday, excluding Saturday, Sunday and Federal Banking Holidays. The term “payee” refers to anyone, and may include the Bank, that you designate to pay and that the Bank accepts as a payee. The term “your deposit accounts” refers to the deposit accounts with us identified in the Online Banking Application Process. The term “your loan accounts” refers to the loan accounts with us on which any or all of you are obligated to us. The term “your accounts” refers to both your deposit accounts and your loan accounts. The terms “Online Banking Service” or “Online Banking” refers to internet banking.
Your Online Banking Services and each of your accounts are also governed by the applicable Disclosures, Rates, and Fee Schedules, collectively referred to as the "Bank Documents," provided by the financial institution in your new account packet and subsequently as each may be modified from time to time. You are responsible for paying any fees that may be assessed by your Internet Service Provider and for any telephone charges or fees incurred by accessing Internet Banking Services.
Your initial use of Online Banking Services constitutes your acceptance and agreement to be bound by all of the terms and conditions of this Agreement and by the "Bank Documents", and acknowledges your receipt and understanding of this Agreement.
General Access and Bank Liability
The Bank is entitled to act on instructions received through Online Banking under your Login ID and/or Password. However, do not, under any circumstances, disclose your Login ID and/or Password by telephone to anyone claiming to represent the Bank; the Bank's employees do not need and should not ask for your Login ID and/or Password. You may be liable for all transactions made or authorized using your Login ID and Password. The Bank has no responsibility for establishing the identity of any person using your Login ID and Password. If you give your Login ID and Password to anyone, you do so at your own risk since anyone to whom you give your Online Banking Login ID and Password to will have full access to your accounts even if you attempt to limit that person's authority. You must notify the Bank that your Login ID and Password have been lost, stolen or otherwise compromised, should not be honored and must be disabled. Unless you notify the Bank that your Login ID and Password are subject to unauthorized use, you acknowledge that the Bank is entitled to rely on the use of your Login ID and Password as your authorization for any given transaction. Your authorization on any Online Banking Service shall be considered the same as your written signature in authorizing the Bank to perform any actions relating to the transactions(s) you have requested.
If two people hold a joint checking account they each will have their own Login ID and Password along with their own Online Agreement. Each such joint account holder will be held responsible for all transactions performed on the joint account by either account holder within the Online Banking and iPay/Bill Pay products.
You hereby release the Bank from any liability and agree not to make any claim or bring any action against us for honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account(s) and/or you have given your Login ID and Password to such person, or, in the case of a jointly held account such person is one of the owners of the account. 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 any such claims or actions.
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 or iPay/Bill Pays will be made, including but not limited to any payments or transfers scheduled in advance or any pre-authorized 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 instance.
The Bank may terminate your access immediately, without prior notice, if we find or suspect illegal or inappropriate account activity. You may terminate your participation in the Bank’s Online Banking Services by providing 30 days advance notice in writing. This and all notices to the Bank from you should be in writing and sent to the address listed below. All notices from the Bank to you shall be provided in the manner herein described.
We work hard to make our website secure. We will employ such security measures as in our reasonable judgment are appropriate to secure our website. You will not use our website for any illegal or unauthorized purposes including, but not limited to, internet gambling, nor will you include any payment of funds to or receive funds from any person or entity listed on the Office of Foreign Assets Control (OFAC) list of Specially Designated Nationals and Blocked Persons. We may monitor and audit transactions made through our website. Please refer to the Bank’s webpages on Privacy and Security for additional information.
We use "cookies" to provide you with better service and experience while you are online with us. A cookie is a small text file that can be placed on your system to allow us to facilitate image changes, collect anonymous aggregate site traffic and allow you to personalize our services to your needs. Our Web site does not require users to accept "cookies," and you can set your browser to notify you when you receive a "cookie," giving you the chance to decide whether or not to accept it. If you choose not to accept cookies, you may experience some reduction in graphics and other personalized services.
Online Banking and Secure Sessions SSL encryption also is used on our Web site whenever you are asked to enter confidential information such as your personal account data. Using public key cryptography in SSL between our server and your browser, we are able to encrypt or scramble the information to create a private session that only you and the New Millennium Bank systems can understand. You can tell you have entered a secure session in several ways. Whenever you see an unbroken key or a locked padlock icon on the bottom of your browser screen, you have entered a secure session. In addition, when your session changes from "http" to "https," it is secure. In addition to the SSL encryption, we protect your account information by placing it under access controls requiring a User Name or Login ID and Password. When you finish your banking session through our online banking facilities, exit the site or logout of the service (do not use the back button). This ends your session and ensures the next time you or anyone else tries to view the information, they have to know your Login ID and Password. For added security during logoff, close your browser, especially if you are using a computer in a public facility such as an airport or library. There are other actions you can take to protect your personal information online. At a minimum, we recommend the following precautions:
- Never share your Login ID.
- Never share your password.
- A New Millennium Bank employee will never need to know your password, and you should never furnish it to anyone.
- Change your Password often.
- Make sure no one is watching when you enter your Login ID and Password.
- Never walk away from the computer if your account information is showing on the screen.
- Do not send confidential information by email unless you are in a secure session.
Hardware and Software Requirements
You must use the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify. We and/or our service provider(s) may change these specifications and/or requirements from time to time. The Bank is not responsible for any third party software you may need to use the Services. You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements. Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the Service. The Bank will not be held liable for the failure of any transfers or payments resulting from deficiencies in your computer hardware or software or problems relating to your inability to gain access to the internet.
The following link can take you to a list of current browsers compatible with Online Banking
(Attached files for compatible browsers list.)
You may use New Millennium Bank’s bill paying service, iPay, to direct the Bank to make payments from your designated checking account to the “Payee(s)” you choose in accordance with this agreement. The terms and conditions of this agreement are in addition the individual account agreements, disclosures and other documents in effect from time to time governing your account(s). Please note that there is a separate iPay Service Agreement to which you must separately consent prior to using the Bill Payment, iPay feature.
Bank’s Responsibility for Mailed Payments
The Bank will not be responsible for late payments if they are mailed within one full business day after the later of (a) the date your instructions are entered on our website, or (b) a subsequent date specifically stated in your instructions on our website. Unless otherwise required by law, we will not be liable for indirect, special, or consequential damages for failure to mail, or erroneous or tardy mailing, under this program.
The Bill Paying Process
Single Payments – A single payment will process on the business day (generally Monday through Friday, except Federal Banking Holidays) that you designate as the payment’s processing date, provided the payment is submitted prior to the daily cut-off-time on that date. The daily cut-off-time, which is controlled by the Bank, is currently 4:00 p.m., Eastern Standard Time (EST).
A single payment submitted after the cut-off time on the designated process date will be processed on the next business day. If you designate a non-business date (generally weekends and Federal Banking Holidays) as the payment’s processing date, the payment will be processed on the first business day following the designated processing date.
Recurring Payments – When a recurring payment is processed, it is automatically rescheduled by the system. Based on your selected frequency settings for the payment, a processing date is calculated for the next occurrence of the payment. If the calculate processing date is a non-business date (generally weekends and Federal Banking Holidays), it is adjusted based upon the following rules:
- If the recurring payment’s “Pay Before” option is selected, the processing date for the new occurrence of the payment is adjust to the first business day prior to the calculated processing date.
- If the recurring payment’s “Pay After” option is selected, the processing date for the new occurrence of the payment is adjusted to the first business date after the calculated processing date.
Note: If your frequency settings for the recurring payment specific the 29th, 30th or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated processing date, then the last calendar day of that month is used as the calculated processing date.
Single and Recurring Payments – The system will calculate the Estimated Arrival Date of your payment. This is only an estimate, so please allow ample time for your payment to reach your “Payee(s).”
Payments made through the Bill Pay Service may occasionally be returned for various reasons. These reasons may include, for example, a change in the Biller’s address, incorrect information about the Biller or your account number with the Biller, or problems or issues associated with your account with the Biller. In the event a Payment is returned, your account will be credited back the amount of your payment and we will mail you a notice that will detail the reason for return.
Cancelling or Changing a Payment
Most bill payments can be changed or cancelled any time prior to the cutoff time on the scheduled processing date. Some payments, however, may take longer to process. For a payment that you are unable to cancel or edit once processing has begun, you may not be able to make changes within the Bill Pay Service, but you may be able to stop the payment by submitting a Stop Payment request. You will incur a charge of $20.00 for each Stop-Payment order processed. Please consult Customer Service for more information.
- As a user, you are solely responsible for controlling the safekeeping of and access to your Personal Identification Number (PIN).
- If you want to terminate another person’s authority to use the Bill Pay service, you must notify the Bank and arrange to change your PIN.
- You will be responsible for any bill payment request you make that contains an error or is a duplicate of another bill payment.
- The Bank is not responsible for a bill payment that is not made if you did not properly follow the instructions for making the Bill Payment.
- The Bank is not liable for any failure to make a bill payment if you fail to promptly notify us after you learn that you have not received credit from a “payee” for a bill payment.
- The Bank is not responsible for your acts or omission or those of any other person, including, without limitation, any transmissions or communications facility, and no such party shall be deemed to be the Bank’s agent.
The Bank has the right to change this agreement as related to its Bill Pay (iPay) service at any time by notice mailed to you at the last address shown for the account in the Bank’s records, by posting notices in branches of the Bank, by email to the email address you provided when setting up this account, or as otherwise permitted by law. Use of Bill Pay indicates your consent to allow for the Bank, and third parties on our behalf, to initiate and receive ACH (Automated Clearing House) transactions as you have so directed.
The Bank has the right to terminate this agreement as related to its Bill Pay service at any time. You may terminate this agreement by written notice to the Bank at the address provided below. The Bank is not responsible for any fixed payment made before the Bank has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by the Bank on your behalf.
Mobile Banking Policy The services under Mobile Banking shall be available to you through the medium of cellular/wireless mobile telecommunications equipment. You will be charged access rates depending on your carrier (the "Mobile Phone Service Provider"). Standard Web browser and Internet agreement are required through the "Mobile Phone Service Provider". Check with your "Mobile Phone Service Provider" for details on specific fees and charges. You may gain access to Mobile Banking service through the use of your Internet Banking ID and Password. We have the absolute discretion to make Mobile Banking available to you. We have the discretion from time to time to determine the scope of Mobile Banking, determine the types of telecommunications equipment acceptable for the purpose of providing the services there under, restrict the number of pieces of telecommunications equipment which may be registered by you, set or change the daily cut-off time, modify, restrict, withdraw, cancel, suspend or discontinue any or all of the services without notice or responsibility to you and without giving any reason thereof. You understand that by using Mobile Banking after any modification or change has been effected, you have agreed to any such modification or change. All communication between the App and the New Millennium Bank data centers occur over an SSL connection. This ensures that all traffic is encrypted. In addition, each call made from the device to a New Millennium Bank data center is authenticated to prevent session hijacking and other attempts to use that connection out of context. No sensitive data is ever stored locally on the device itself. This helps to prevent stolen devices from being searched to gain access to private data.
Regardless of anything else in this or other agreements, transfers and withdrawals from a savings or money market account to another of your accounts or to third parties by preauthorized, automatic, telephonic, or computer transfer cannot exceed six per calendar month or statement cycle of at least four weeks. For security reasons, there may be other limitations on the number of transfers you can make. Please consult customer service with any questions or if you experience any limitations.
Electronic Delivery Consent Agreement
This Agreement contains important information that you are entitled to receive before you consent to receive electronic records. It describes the process that must occur before we can provide you with electronic disclosures and notices (such as by email or website). It also describes your rights in the event you consent to receiving electronic disclosures and notices. First we must inform you as to the computer hardware and software requirements to receive and keep the electronic disclosures and notices. Then we must make an electronic request for your consent. Finally, you must give your consent electronically in response to our request.
We reserve the right to provide any disclosures or notices in writing, rather than electronically. Except as otherwise provided in this or other agreements, by law, or on our website, all notices you provide to the Bank must be in writing, unless otherwise stated.
It is the expectation of the Bank that these services are generally available 24 hours a day and 7 days a week. There may be interruptions in service due to forces beyond our control.
Unauthorized Use – Consumer Liability
Tell us AT ONCE if you believe your code (Login ID and Password) has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. 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 2 business days after you learn of the loss or theft of your code (Login ID and Password), you can lose no more than $50 if someone used your code (Login ID and Password) without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your code (Login ID and Password), and we can prove we could have stopped someone from using your code (Login ID and Password) without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows 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 or was provided electronically if you consented to receiving the statement that way, 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 a hospital stay) kept you from telling us, we may extend the time periods.
Contact in Event of Unauthorized Transfer
If you believe your code (Login ID and Password) has been lost or stolen, call or write us at the telephone number or address listed below. You should also call the number or write to the address listed below if you believe a transfer has been made using the information from your check without your permission.
Error Resolution Notice
In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent you, or provided electronically to you if you consented to receipt that way, the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the 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.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing 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 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 credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
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.
New Millennium Bank
222 Bridge Plaza South Suite 401
Fort Lee, NJ 07024
Business Days: Monday through Friday
Excluding Federal Banking Holidays
By Accepting, I acknowledge and agree as follows:
I have the hardware and software necessary to access and retain the Terms and Disclosures delivered electronically and am able to download and print a copy of the Online Banking Agreement.