Consent to Terms and Conditions
By submitting a Bank-approved application or using any Financial Service, you agree to the terms and conditions of this account and the Schedule of Fees that may be imposed. Continued use of your account with us means you agree to these rules, you agree to pay the fees listed, and you give us the right to collect the fees, as earned, directly from the account balance. The Bank may amend or change any terms of this Agreement or any related account disclosures and documents provided to you. You are responsible for the accuracy and completeness of all information supplied to us in connection with your account and/or account services.
Authorized Persons Using the Account(s)
The Customer named in the Bank’s records is authorized to use the account. The Customer may appoint or authorize additional persons to use the account, subject to the Bank’s policies. The Bank is authorized to rely upon any document that indicates that a person is authorized to act on behalf of the Customer (“Authorized Person”) with respect to Financial Services. That authority shall remain in effect until the authority for the Authorized Person is withdrawn by the Customer upon written notice to the Bank and the Bank has had a reasonable opportunity to act on the termination instruction. The Customer will provide specimen signatures to the Bank, in the manner requested by the Bank.
Each Authorized Person, subject to any written limitation received and accepted by the Bank, is authorized on behalf of the Customer to open, operate and close accounts; appoint and remove Authorized Persons; execute or otherwise agree to any form of agreement relating to the Financial Services, including, without limitation, draw, accept, endorse or discount checks, drafts, bills of
exchange, notes and other financial instruments (“Items”); receive materials related to security procedures; and give instructions (“Instructions”), including, without limitation, requests and payment orders, by means other than the signing of an Item, with respect to any account transaction. Without limitation, such Instructions may be given regarding: (i) the payment, transfer or withdrawal of funds by wire, computer or other electronic means, or otherwise; (ii) money, credits, items or property at any time held by the Bank for account of the Customer; or (iii) any other transaction of the Customer with the Bank.
The Financial Services offered through the Bank Web site are provided by The Bancorp Bank, a member of the Federal Deposit Insurance Corporation (the “FDIC”). For purposes of applicable FDIC deposit insurance limitations, deposits in accounts at The Bancorp Bank opened through the Bank, or any affiliated Bank or Bank Web site, may not be separately insured from any other Deposit Accounts you may have opened with The Bancorp Bank, depending on the named account owners.
You certify that you have access to the Internet and a current email address. You have sole responsibility for providing the Bank with a correct and operational email address. You must promptly notify the Bank of any change in your email or postal mailing address, or if you are unable to access your account information through the Internet, when applicable to your Financial Services. If you do not promptly notify the Bank, we will not be held liable for any adverse effects to your account as a result of undelivered mail or email, or due to your inability to access your account information over the Internet. The Bank is not responsible for any costs that you incur for maintaining Internet access and an email account.
Your account is subject to the Bank’s privacy practices as set forth in its privacy notice. You have had an opportunity to review, download and/or print, and you agree to the privacy notice relating to the Financial Services provided by the Bank.
Consumer reports may be obtained by the Bank in connection with any Financial Service that you request or receive. The Bank will inform you of its use of any consumer report as required by law. If you ask, you will be informed whether or not such a report was requested, and if so, the name and address of each agency that furnished the report.
Illegal, Fraudulent or Improper Activity
You will not use the Bank Web site or any Financial Service for any illegal, fraudulent or improper activity. If the Bank suspects that you may be engaging in or have engaged in a fraudulent, illegal or improper activity, including a violation of this Agreement, or any terms and conditions relating to the Bank Web site or any Financial Service, your access to the Bank Web site and any Financial Services may be suspended or terminated. You understand that transactions in your accounts may be suspended or terminated if an Internet Banking user ID, Internet Banking password, Automated Teller Machine (“ATM”) card, debit card, or Personal Identification Number (“PIN”) (individually and collectively, an “Access Device”) has been reported lost or stolen or when the Bank reasonably believes that there is unusual or suspicious activity on any of your accounts. You will cooperate fully with the Bank to investigate any suspected illegal, fraudulent or improper activity.
Password and PIN Protection
You will not disclose your password to access the Bank Web site, or any PIN assigned to your account, to any person other than persons you intend to have full authority to act on your behalf with regard to all of your Financial Services and accounts. The Bank may act upon instructions and information received from any person that enters your user ID and password, or provides your PIN, as applicable. You will notify the Bank immediately if your password or PIN is compromised or lost.
The Bank strongly suggests that you use a Web browser with 128-bit encryption. Regardless of whether you use a Web browser with security features, the Bank is unable to ensure that the data transmitted by you to the Bank, or from the Bank to you, will not be intercepted by third parties. To further ensure the security of your account, the Bank encourages you to avoid transmitting confidential information through email communications.
Limit on Liability
To the fullest extent permitted by law, the Bank will not have any liability in connection with any unauthorized interception or use of data relating to you or the Financial Services; any inability to use or access the Bank Web site for any reason; any actions or transactions by an individual who uses your user ID and password; or any cause over which the Bank does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers. The Bank will not have liability for any adverse effects to your account caused by any Spam Block programs or Fire Walls that may prohibit email communications and/or account information access through the Internet.
The Financial Services accessible through the Bank Web site are provided “as is” and with all faults, and the Bank hereby disclaims, for itself and for each other entity involved in the provision of the Financial Services, all warranties, either express or implied or statutory, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose and lack of viruses. In no event shall the Bank be liable for (a) damages caused other than by its own gross negligence or intentional misconduct or (b) indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy) arising out of or in any way related to the use of or inability to use the Bank Web site or any Financial Service, even if the Bank has been advised of the possibility of such damages. In no event shall the Bank be liable for any act or omission of any third party (such as, for example, any provider of telecommunications
services, Internet access or computer equipment or software) or any circumstances beyond our control(such as, for example, a fire, flood or other natural disaster, act of God, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services). The Bank makes no warranty that (a) the account will meet your requirements, or (b) the account will be uninterrupted, timely, secure, or error-free. The foregoing disclaimer may not be effective under applicable state law.
Contacting The Bancorp Bank
You may contact The Bancorp Bank by toll-free telephone, by email or by first-class U.S. mail at: The Bancorp Bank, Attn: Customer Service, 409 Silverside Road, Suite 105, Wilmington, DE 19809. Telephone conversations with representatives of the Bank may be recorded and retained.
At our discretion and to the extent permitted by law, the Bank reserves the right to amend this Agreement at any time and to make modifications and additions to the Bank Web site and the Financial Services provided by the Bank.
Any time that the terms, conditions and charges associated with your account are not acceptable to you, you may terminate this contractual Agreement by closing your account after paying any fees, penalties, or charges owed to the Bank. We may cancel or suspend your ATM or debit card or this Agreement at any time.
You may not transfer any rights or obligations you may have under this Agreement or with respect to any Financial Service without prior written consent of the Bank. The Bank reserves the right to transfer any right or obligation under this Agreement or with respect to any Financial Service without your consent.
This Agreement between you and the Bank is accepted by the Bank in the State of Delaware and is governed by Delaware law.
In addition to the terms and conditions set forth in this Agreement and related account disclosures, your account is subject to the Terms and Conditions of the Bank’s charter and bylaws, applicable FDIC rules and regulations, and the laws of the State of Delaware, the United States of America and any other regulatory bodies with jurisdiction over the Bank and the Financial Services provided.
Any waiver by the Bank must be approved by an authorized representative of the Bank. If a waiver is approved by the Bank, we are not obligated to provide similar waivers in the future.
This Agreement is binding upon and shall insure to the benefit of permitted successors, assignees and designees of you and the Bank. If any provision of this Agreement is invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and will remain in full force.