EFC Bank Online Banking
Terms of Use & Services
Last modified 26 December 2023
Introduction
This Agreement governs your use of the Elite Financial Corporation Bank Customer Portal (“BCP”) as defined below. Unless otherwise noted, each section below applies regardless of whether you use the BCP to access your Bank Account or Non-Bank Account.
These Terms of Use and services supplement, but do not supersede, the provisions of any applicable existing agreements between you and EFC Bank, or any of its affiliates, direct and indirect subsidiaries and related companies (collectively or separately, as the context may require, "EFC Bank" or "we"), all of which otherwise remain in effect. To the extent that you have a contractual relationship with a EFC Bank entity and such relationship extends to any security, futures contract, options contract or other financial instrument or any other good, product or service available through or referenced on BCP (each a "Product" and collectively, "Products"), the communications made hereby with respect to such Products covered by such agreement are and shall be deemed made, as the context may require, by such entity. The terms of any Product is governed by applicable documents establishing such terms. In the event of any inconsistency between the information on BCP regarding a particular Product and the terms specified in, or determined pursuant to, the documents establishing the terms of issue or contract, the terms so specified or determined shall prevail.
Please read this Agreement before using the BCP. By using the BCP, you agree to the EFC Bank Terms & Conditions of Use. If you don’t accept these terms, you may not use the BCP. This Agreement governs your use of any information, content, products, services, transactions, and other features available through the EFC Bank Online Banking Web site and Apps and is part of the Terms and Conditions for https://efcbank.com/ on the web as well as on mobile applications. Please also visit the EFC Bank - Privacy Policy page https://efcbank.com/policy/privacy-policy/227 for information about how EFC Bank collects, uses, and discloses personal information in connection with the BCP.
If you use certain accounts, features, products or services in connection with the BCP, you may be subject to separate agreements governing such accounts, features, products, or services (collectively, “Additional Agreements”). This includes agreements or terms governing any checking, savings or other deposit accounts; loan, line of credit and credit card accounts; pre-qualification requests; any other accounts that you may access while using the Services; fee schedules; our electronic funds transfer agreement and disclosures; our Online Bill Payment Authorization and Agreement; and your signature card. The Additional Agreements are incorporated into this Agreement.
If the terms of this Agreement conflict with the terms in any Additional Agreement solely as they apply to online banking and online bill payment services, this Agreement controls. But the terms of this Agreement are not intended to modify any disclosures or other terms that are required by law and that are provided by EFC Bank in an Additional Agreement.
This Agreement shall apply regardless of how the BCP are accessed. This includes but is not limited to access through the URL addresses https://www.efcbank.com, the EFC Bank mobile app, or electronic mail or links from another website via a computer, mobile device, or any other means.
Definitions
Unless otherwise stated, the following definitions apply throughout this Agreement:
“EFC Bank”, “we”, “us” or “our” collectively, EFC Bank, its subsidiaries, and affiliates (including, without limitation, all their respective successors, assigns, agents, and/or authorized representatives). However, for a specific account accessible through the Online Banking Site, “EFC Bank”, “we”, “us” or “our” means the particular entity in the EFC Bank family that offers such account. Please consult your account agreement(s) for information about the EFC Bank company servicing your individual account(s).
“You” or “your” means each Authorized Person (as defined below) with an interest in a EFC Bank account accessible through the BCP; the Business and the Business Signer; each person who signed the application or other binding documentation for the account with EFC Bank (a joint accountholder); or any person authorized to use the account in any way (an “Authorized User”). Whenever “you” is more than one person with respect to any such account or relationship (e.g. primary and coborrower for an Auto Loan Account, Student Loan or more), the obligations and agreements applicable to you under this Agreement shall be deemed to be joint and several wherever appropriate.
“Account” and “accounts” mean the checking, savings or other deposit accounts, loan accounts and other accounts that are tied to your National Identification Number, Social Security number, Tax Identification Number (including EIN) or other unique identifier provided to you by EFC Bank (your “Customer Number”) and that are used through the BCP, and any other account that you may add to your online banking profile (as further set forth below).
“Authorized Person” means, an individual account, each person who has an interest in or the authority to transact business using such account. For an entity account, it means each person listed as an authorized signor on the signature card for such account or otherwise authorized to transact any business using such account.
“Bank Accounts” refers to any account for which you are an account holder deposit accounts, personal loan or line of credit. These accounts will be automatically linked to your Online Banking profile.
“Biller” is the person or entity from whom you wish to receive a bill payment. This also includes the person or entity from whom you receive electronic bills.
“Billing Account” is the checking account from which all Service fees will be automatically charged.
“Business” means the corporation, company, partnership, association, or any other business that employs an Authorized User (or with which an Authorized User is otherwise associated) and which has arranged for the issue of the Payment to an Authorized User.
“Business Day” is every Monday through Friday, excluding national holidays.
“EFC Bank Site” means any website owned or operated by a member of the EFC Bank family of companies that contains information about available products and services and/or terms and conditions relating to any accounts, account information and/or transactions that you may view, perform, modify or otherwise access or use while using the BCP. EFC Bank Sites include, without limitation, the Online Banking Site and apps.
“Computer” means your computer, computer system, mobile device, or any other method used to access a EFC Bank Site and all related equipment and software.
“Due Date” is the date on which payment to a Biller is due as reflected on the billing statement that you receive from that Biller. It is not the late payment date or the date beginning a grace period or any date during a grace period.
“External Transfers” means monetary transfers between your accounts held at EFC Bank and an account in an external financial institution.
“Funds Transfers” means all Internal Transfers and External Transfers.
“Internal Transfers” means monetary transfers between your accounts held at EFC Bank.
“Non-Bank Accounts” means any account that you are the primary account holder for, including but not limited to EFC Bank: credit card accounts; auto loan accounts; school loan accounts; investment accounts; or mortgages. These accounts may be automatically linked to your Online Banking profile, and in some cases you may not have access to the full suite of Services available through the EFC Bank mobile app for these accounts.
“Online Banking” or “Online Banking Site” refers to the online platform(s) that allows you to perform the Services, including the EFC Bank mobile app.
“Online Bill Pay” refers to the services we provide through our online bill payment service.
“Online Bill Payment Account” is the EFC Bank deposit account from which payments are made through Online Bill Pay.
“Payment Account” or “Eligible Transaction Account” means any transaction account that is eligible for the BCP and that is designated by you for the following purposes: making payments through the bill payment features of the Services, for automatic debiting of any service fees, and to which any payments and credits to you will be credited. For further information, please contact your Account Officer or Online Banking Customer Service.
“Payment Instruction” is the information you provide for a payment to be made to a Biller through the Online Bill Pay Service. This includes Biller name, Biller account number, and Scheduled Payment Date.
“Personal Account” means any asset account established by a natural person primarily for personal, family, or household purposes.
“Scheduled Payment Date” is the day you want your Biller to receive your bill payment. If the Scheduled Payment Date falls on a non-Business Day, the Scheduled Payment Date will shift to the previous Business Day.
“Scheduled Payment” is a payment that has been scheduled through the BCP but has not been processed.
“Service Provider” means companies (and their affiliates) that we have engaged to render some or all of the Services to you on our behalf.
Description of Services
The “Services” refers to all information, materials, content, communications, features, products, services, methods of conducting transactions and transactions available, offered, made, obtained or otherwise provided or used through the EFC Bank Online Banking Site and Apps. This may include, but not limited to, the ability to
· Create, enter, and change credentials to access and manage your account(s) through the Online Banking Site and apps,
· Transfer funds between certain accounts,
· Make bill payments through Online Bill Pay and schedule other payments to certain account,
· Obtain account balance and other account information for various EFC Bank accounts that you have (including checking, savings or other deposit accounts, loan accounts, credit card accounts),
· Obtain transaction information on your accounts,
· Download account transactions to your computer,
· Update your contact information including your address,
· View online statements and tax forms,
· View online check images,
· Order statement copies,
· Order or re-order checks copies for checking accounts.
These features are subject to this Agreement and any Additional Agreements that apply. The BCP also include any portion of the Online Banking Site and any software used to operate the BCP. Subject to this Agreement, you may use the BCP seven days a week, twenty-four hours a day, except for any scheduled or unscheduled interruptions in the Services for maintenance, security or any other reasons, as described below.
Some features, information, types of transactions or other parts of the BCP may not be available for all of your EFC Bank accounts or when accessing the BCP via mobile device. For some of your accounts, you may be able to connect from the Online Banking Site to another EFC Bank Site relating to such accounts where you may be able to access features, information, transactions or other services pertaining to those accounts that you cannot access directly on the Online Banking Site.
EFC Bank works hard to offer you products and services that are useful and reliable. But EFC Bank does not provide, endorse, or guarantee any third-party product, service, information, or recommendation through the Online Banking Site. The third parties products and services provided through the Online Banking Site are not affiliated with EFC Bank. They are solely responsible for their products, services, information, recommendations, and all other content on their Web sites. Educational tools, calculators, guides, and other content available on this site may be provided by third parties. They are provided for informational purposes only, and are not intended to provide legal, investment, or financial advice. They do not indicate the availability or suitability of any EFC Bank product or service. For specific advice about your situation, you may want to ask a qualified professional. EFC Bank is not liable for any third party’s failure about such products, services, and benefits. These products and services are NOT BANK GUARANTEED. We encourage you to check offers, products, and services to become familiar with any restrictions or conditions.
By responding to third party offers, you may be communicating information about yourself to the company that provides such product or services. Please be aware that these third parties may have a different privacy policy than EFC Bank’s. Their sites may also provide less security than EFC Bank.
Security, Confidentiality of Access Information
The use of the BCP requires a computer or approved mobile device and Internet access connected through an Internet or mobile service provider with a Web browser.
To protect the confidentiality and security of your financial information, you must connect to the Online Banking Site using an Internet browser that supports TLS 1.2 or higher. Use of the Services with lower than TLS 1.2 is strictly prohibited. To the extent you can access the BCP using lower than TLS 1.2, we specifically disclaim any and all responsibility for losses resulting from your use of such lower encryption. We may change these requirements from time to time.
You agree to keep your Customer Number, username, password, and any other security or access information confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the BCP. We recommend that you memorize your Access Information or credentials and do not write it down. You agree not to give or make available your credentials to any unauthorized individual.
If you believe the security of your password or any other Access Information has been compromised in any way you must notify us immediately or reset your password and maintain 2FA (2 Factor Authentication). This includes when your password has been lost or stolen; someone has attempted to use the BCP under your Account Number without your consent; your account has been accessed without your authorization or knowledge, or someone has transferred money from your account without your permission. (See “Your Responsibilities And Liabilities” section below.)
We reserve the right to deny you access to any accounts or to the BCP, or to deny the processing of transactions, to maintain or restore security or performance of the Online Banking Site or any other EFC Bank Sites and systems. We may do so if we reasonably believe in our sole discretion that your Access Information has been or may be obtained (or is being used or may be used) by an unauthorized person. We may try to notify you in advance but cannot guarantee we will do so successfully.
Access to and use of the Online Banking Site is subject to applicable national, state and local laws and regulations. Unauthorized use of the Online Banking Site is prohibited. Violators may be prosecuted under applicable laws.
Enrollment in Services; Accounts Which Can Be Accessed
Your Online Account profile may automatically link and display summary information about your linked credit card, auto loan, installment loan, or other accounts. To get any other information or conduct any activity on these account types, you must go to the specific page or site for each account.
If you have a linked account or other account that requires two or more signatures to make withdrawals, transfers or transactions, you will not be able to perform certain transactions on such an account using the Services. Non-linked Account(s) might not be accessible through the BCP.
If you share your access credentials with a third party, even if you share an account with them, they will have access to view all of your linked accounts including your individual accounts. As long as you don’t share your log in credentials, people with whom you share accounts will only be able to view accounts that are shared with you, not your individual accounts.
WHEN USING THE SERVICES TO ACCESS YOUR BANK ACCOUNT
Conditions for Enrollment
To enroll in Online Banking for an account, you must have opened at least one of the following accounts under your Customer Number: a checking, savings, or other deposit account, or an installment loan, line of credit or other loan account, offered by EFC Bank. The use of Online Bill Pay requires at least one eligible account with EFC Bank. If you have more than one eligible account, we may “link” your eligible accounts together for purposes of the Services. All such accounts will appear in your online banking profile on the Online Banking Site. Any accounts for which you are an Authorized Person (including joint accounts for which you are one of multiple Authorized Persons) will appear in your online banking profile.
WHEN USING THE SERVICES TO ACCESS YOUR CREDIT CARD ACCOUNT
Conditions for Enrollment
To enroll in Online Banking for your credit card account, you must be the primary account holder on at least one eligible account that is not restricted for fraud or national security reasons. If you have requested that your account be closed while maintaining a balance, having your account in collections, suspected of fraud, or otherwise in a restricted status, you may still have access to Online Banking. But you may not be able to perform certain functions on your account such as request a balance transfer.
By enrolling in Online Banking, you certify that you (a) are 18 or older; (b) Hebrew resident in any of the 55 countries on the continent or in the diaspora; (c) are legally capable of entering into contracts; and (d) have and will only register Payment Account(s) in your name or the name of a business on which you are an account holder or Authorized User. You agree that EFC Bank may at any time verify any registration information you provide.
If enrolling to use Online Banking for a Business, you also represent and warrant that (a) you have authority to enter into this Agreement on behalf of the Business and yourself; (b) you have authority to provide all required or requested authorizations to us on behalf of both yourself and the Business; and (c) you will use the Payment Account(s) consistent with your obligations to and agreements with the Business.
Linking Your EFC Bank Credit Card Account(s) and Certain Other Accounts
Once enrolled, you will need to choose the accounts you would like to have Online Banking access to from the list of eligible accounts we provide.
EFC Bank credit cards with different usernames may not be linked. You can consolidate accounts serviced with different usernames to a single one. If you choose to do so, pending payments and the payment account you have set up will be moved to the new username; however, secured message inboxes from the old username(s) will not move. Non-linked account(s) will not be accessible through Online Banking.
To get any information or conduct any activity on any other accounts you may have with EFC Bank such as deposits or loans, you must access the Online Banking Site.
WHEN USING THE SERVICES TO ACCESS YOUR AUTO LOAN ACCOUNT
Conditions for Enrollment
To enroll in Online Banking for your Auto Loan account, you must be an account holder of at least one EFC Bank Auto Loan that is not restricted for fraud or national security reasons. If your account is in collections, suspected of fraud, or is otherwise in restricted status, you may still have access to Online Banking. But you may not be able to perform certain functions on your account.
If you have more than one eligible account, we may “link” your eligible accounts together for purposes of the Services. All such accounts will appear in your online banking profile on the Online Banking Site. Any accounts for which you are an Authorized Person (including joint accounts for which you are one of multiple Authorized Persons) will appear in your online banking profile.
INELIGIBLE ACCOUNTS
We reserve the right to revoke your access to the Services for an account if it now or later enters into any of the following statuses or conditions:
Active bankruptcy,
Requiring special handling,
Paid in full,
You are deceased,
Settled in full; or
Not serviced by EFC Bank.
Authority You Grant EFC Bank and its Service Providers
We have engaged Service Providers to provide some or all of the Services to you on our behalf. However, we are the only one liable for any payments or transfers conducted using the BCP, and we are solely responsible to you and any third party for the regulatory responsibility that extends with the BCP. You agree that we have the right to delegate to Service Providers some or all of our rights and obligations under this Agreement. The Service Providers will be third-party beneficiaries of this Agreement. They are entitled to all the rights and protections that this Agreement provides to us. By enrolling in Online Banking, you authorize EFC Bank and its Service Providers to process transactions and instructions, including automatic recurring payments, in such a manner as you direct.
Email, Text Messaging, Phone and Other Communications
You agree that all electronic communications that we receive on the Online Banking Site or otherwise in connection with the Services such as those directing us to take an action with respect to your account, will be deemed valid, authentic, and binding obligations. These communications will be given the same legal effect as your written and signed paper communications and shall be considered a “writing” or “in writing.” They also shall be deemed to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business.
You agree that electronic copies of communications are valid. You will not contest the validity or enforceability of such communications or any related transactions under the provisions of any applicable law (absent proof of altered data or tampering). This includes laws requiring certain agreements be in writing or signed by the party to be bound. Electronic copies of communications shall be admissible as evidence in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in paper form.
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless EFC Bank and our respective owners, affiliates, directors, officers, employees and agents from claims, losses, expenses, liability, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, caused by or arising out of any Services rendered by EFC Bank pursuant to or in accordance with any electronic communications.
You agree to receive all transactional email communications from EFC Bank that are related to your use of the BCP or to your account(s). This includes automatic security alerts further discussed below. You consent to any inadvertent disclosures that may occur as a result of us sending communications to your email address.
Email is not a secure method of communication. So we recommend that you do NOT use email to send confidential or personal information or initiate transactions on your accounts. We also recommend that you not send confidential or personal information in text messages. We will not respond to or act upon text messages received from you, unless in connection with a specific program or instructions provided to you. We recommend that for account transactions or confidential questions you use the appropriate functions available through Online Banking or contact us as specified on our Contact Us page.
Security Alerts and Optional Communications (including Text Messages)
Online Banking offers both security alerts and optional alerts and communications about certain accounts and account transactions. Security alerts are provided to you for fraud protection and when certain important changes to your account occur. This includes the addition of a new Biller, password and username updates, or changes in your physical or primary email address. These alerts are sent automatically by email to your primary email address and/or by text message to your mobile device number, if you have provided one. You may provide additional contact points for security alerts using the “Messages & Alerts” menu on the Online Banking Site. You agree to receive security alerts from us by prerecorded voice message and/or text message, including with the use of an automatic dialer, on any mobile device number you provide to us. You may discontinue security alerts sent by text message as indicated below, but you will continue to receive security alerts by email.
In addition to security alerts, you have the option of receiving additional alerts or communications regarding certain other Online Banking and account activity, delivered by email, push notification, text message or voice (“Optional Communications”). You may be asked to select from options when you sign up for the Optional Communications. By signing up to receive any Optional Communications, you consent to delivery of such messages in the format selected to the contact points you identify. If you provide us with a mobile device number for Optional Communications, you expressly agree to receive prerecorded messages and/or text messages at that number from us, including with the use of an automatic dialer.
Security alerts and Optional Communications are subject to the following:
You are responsible for notifying us of any changes to your email, mobile device, and telephone contacts. Please sign into Online Banking to modify or cancel your Optional Communications. This does not revoke any other consent you may have provided us. We recommend that you do not send confidential or personal information to us in text messages. We will not respond to or act upon text messages received from you, unless in connection with a specific program or instructions provided to you.
Communications may contain our name and information about your accounts. Depending upon the communication, information pertaining to account balances, checks written, insufficient funds, transactions or payment due dates may be included. Anyone with access to your email, mobile devices, or telephone or voicemail may be able to access the contents of the communication. It is your responsibility to secure these devices, protect your usernames and passwords, and provide timely information about contact changes in order to protect the confidentiality of this information. You consent to any disclosures by EFC Bank that may occur if you do not take appropriate steps to prevent access to your information by unauthorized persons.
We try to communicate in a timely manner with accurate information. However, we do not guarantee the delivery or accuracy of any communication. Communications may not be delivered immediately; may not reflect pending transactions or payments; and deposits may not be available for immediate withdrawal. If you require additional details about a transaction, you may sign into Online Banking or contact us as specified on our Contact Us page. You agree that neither we nor our Service Providers will be liable for any delays, failure to deliver, or misdirected delivery of any communication; for any errors in the content of a communication; or for any actions taken or not taken by you or any third party in reliance on a communication. In order to receive security alerts or Optional Communications via text message, your mobile device must be subscribed to a wireless service on a participating mobile carrier. You must be able to receive text messages using your mobile device and your carrier's service. A list of mobile carriers that can receive text messages from EFC Bank can be found here.
Text Messages, Calls and/or Emails to You
By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM (“ATDS”). You also consent to receive emails from us for everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls may include live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents.
Funds Transfers for Bank Accounts
This section applies only in connection with your use of the Services to access your Bank Account.
GENERAL
Your ability to transfer funds from certain accounts is limited by federal law. You should refer to the deposit account agreement which governs your deposit account, a copy of which is available by calling Online Banking Customer Service. This will detail the legal restrictions and the service charges and penalties for excessive withdrawals or transfers. Transfers made using the Services are included in calculating the permissible number of transfers as described in your deposit account agreement.
We reserve the right to impose a frequency or amount limit on transfers, or to refuse to make any transfer. We are obligated to notify you promptly if we decide to refuse to complete your transfer instruction; but that notification is not required if you attempt to make transfers that are prohibited under this Agreement, any Additional Agreement, other EFC Bank agreements affecting the terms of your account, or federal or state laws.
Except as provided in this Agreement, all Internal Transfer instructions received before 11:59 p.m. EAT will be posted to your account the same Business Day. All Internal Transfer instructions received on or after 11:59 p.m. EAT will be posted the next Business Day.
Transfers to or from EFC Bank accounts are not considered Internal Transfers.
EXTERNAL FUNDS TRANSFERS
The External Funds Transfer service allows you to transfer funds between your linked personal deposit accounts at EFC Bank and deposit or investment accounts (checking, savings, or money market accounts) at other financial institutions. An “Inbound Transfer” moves funds from an outside account to a EFC Bank account. An “Outbound Transfer” moves funds from a EFC Bank account to an outside account. You will need to register each of your non-EFC Bank accounts that you wish to use for these transfers. You agree that you will only register accounts for which you have the authority to transfer funds. EFC Bank will post Inbound Transfers to your account on the “Deliver By” date. For Outbound Transfers, your funds will be debited on the Business Day following the “Send On” date. Outbound Transfers will arrive at your external financial institution on the Deliver By date. Consult your external financial institution for details on when funds will post to your account.
For transfers to a EFC Bank bank retail account, the funds may not be available until the third Business Day after the Deliver By date. For transfers into a EFC Bank bank account, the funds will become available in accordance with the terms of your Account Agreement.
CUT-OFF TIME
Standard Transfers: 7:00 p.m. EAT
Next Day Transfers: 7:00 p.m. EAT
Any transfer made after the cut-off time will be initiated the next Business Day.
MODIFYING OR CANCELING TRANSFERS
Pending transfer instructions can be canceled or modified until the status changes to “In Process.” Instructions cannot be canceled or modified after the cut-off time for the transfer date.
TRANSFER FEES
There is no fee to initiate Inbound Transfers or Outbound Transfers. We may change our fee schedule at any time. If we make a change, you will be notified in writing as required by applicable law. Cancellation of the services for which fees are charged does not release you from liability for any and all fees assessed by us but not yet paid prior to your cancellation.
TRANSFER LIMITS
Transfer limits are defined at enrollment to the Service. Daily and monthly dollar limits apply to the total of all transfers for all accounts linked to the user profile. Any transfer initiated on a day that is not a Business Day counts toward the applicable limit for the next Business Day. A transfer remains “In Process” until fully processed. It will appear as “In Process” on your Transfer Activity page within Online Banking. Standard transfers typically remain “In Process” until the close of the third Business Day after the transfer is initiated. We may change your transfer limits at any time. Any decrease will be subject to notice, if required by law. But you agree that we may reduce your limits without prior notice upon occurrence of a Disqualifying Event, including but not limited to
· Any of your accounts with EFC Bank are not current or are not in good standing;
· You have had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any EFC Bank account during the current or three prior calendar months; or
· You have had any prior transfer to or from a non-EFC Bank account canceled, revoked, or not completed due to insufficient funds, revoked authorization, stopped payments, frozen account, or any similar reason.
STATUS EMAIL
EFC Bank will periodically send messages to your primary email address during the external funds transfer process. These messages will provide information pertaining to the trial deposit process, confirm account linkages, and contain status updates for transfers in progress. You are responsible for updating the email address should it change.
Payments
WHEN USING THE SERVICES TO ACCESS YOUR BANK ACCOUNT
Online payments include (a) payments where the Payment Account is a EFC Bank account (“Outgoing Payments”), including any payment that you schedule through our Online Bill Pay service; (b) payments to EFC Bank accounts (“Incoming Payments”); and (c) Funds Transfers to eligible loan or line of credit accounts. Funds Transfers are covered by the “Funds Transfers” section above and any other provisions governing Funds Transfers in this Agreement.
Online Bill Pay Authorization
Online Bill Pay payments and any other bill payments permitted by the Services are debited from your Payment Account. By signing the bill payment instructions, you authorize EFC Bank, or our service providers, to debit (or if the Payment Account is with another financial institution, request that such institution debit) your Payment Account, and to remit (or request that such financial institution remit) funds on your behalf. We will perform the Service so that funds arrive at the designated Biller’s location as near as reasonably possible to the Scheduled Deliver By date you designate. You also authorize us to credit your Online Bill Payment Account for payments returned to us by the National Postal Service or any Biller, or for payments remitted to you on behalf of another Authorized Person of the Service.
Online Bill Pay Account Activity
You should keep your Payment Accounts open and active. Should your eligible checking accounts close, Online Bill Pay services will end. Any unprocessed Outgoing Payment transactions will be canceled. Cancellation of Online Bill Payment transactions may take up to 5 Business Days from the processing date of a payment scheduled from your closed checking account. If you close your Payment Account, we will not process any Incoming Payments. Outgoing Payments scheduled through Online Bill Payment from a closed Payment Account may be processed, depending on the Scheduled Due date.
For Incoming Payments where your Payment Account is not a EFC Bank account, additional terms and conditions established by the other financial institution may apply.
For all Outgoing Payments and Incoming Payments that you schedule through the Services, you understand and agree that it is your responsibility to authorize payments so that the bills will be paid by the Due Date. You understand and agree that we reserve the right to impose a frequency or dollar limit on payment requests or to refuse to make any payment you have requested. We will notify you promptly if we decide to refuse to complete any Payment Instruction. But notification is not required if you attempt to make payments that are prohibited under the “Prohibited Payments” section of this Agreement. (See below.)
WHEN USING THE SERVICES TO ACCESS YOUR CREDIT CARD ACCOUNT
Payments to certain EFC Bank credit card accounts from any checking, savings or other deposit account(s) you designate may be made via the Pay EFC Bank feature of Online Banking. “Pay EFC Bank” payments through Online Banking will be debited from your designated Payment Account.
When you designate a Payment Account, you warrant that you are an authorized user on the Payment Account. “Pay EFC Bank” payments will be debited from your designated Payment Account. By signing the bill payment instructions, you authorize EFC Bank to debit (or if the Payment Account is with another financial institution, request that such institution debit) your Payment Account, and to remit (or request that such financial institution remit) funds on your behalf.
Make Instructions and Changes with Time to Spare
You understand and agree that to be processed in accordance with your instructions, payment instructions and any changes to these instructions through Online Banking must comply with the payment rules disclosed when you make a payment. These payment rules are considered part of this Agreement.
If You Close Your Payment Account or EFC Bank Credit Card
If you close your Payment Account, any payments scheduled to be deducted will not be processed. If you do not make other arrangements, you will be solely responsible for any fees incurred for late or non-payment as a result.
WHEN USING THE SERVICE TO ACCESS YOUR AUTO ACCOUNT
Payments to your Auto Loan Account from any checking, savings, or other deposit accounts you designate may be made via Online Banking. These payments will be debited from your designated Payment Account.
When you designate a Payment Account, you warrant that you are an authorized user on the Payment Account. By signing the bill payment instructions, you authorize EFC Bank to debit (or if the Payment Account is with another financial institution, request that such institution debit) your Payment Account, and to remit (or request that such financial institution remit) funds on your behalf.
The cut-off time for Incoming Payments to an Auto Loan scheduled through the Services but not scheduled through the Online Bill Pay service is 4:00 p.m. Central Time on Business Days. Incoming Payment requests initiated after this cut-off time will be processed the next Business Day.
If you set up a recurring payment for your Auto Loan, you authorize EFC Bank Auto Finance, its successors and assigns, and the institution named, to initiate withdrawals from the Payment Account for funds payable to EFC Bank Auto Finance. This authorization will remain in effect until you notify EFC Bank Auto Finance to cancel. Requests to cancel a recurring payment must be received by EFC Bank at least 3 business days before the payment date.
If you establish recurring payment instructions for your Auto Loan account through Online Banking, EFC Bank Auto Finance will no longer issue monthly periodic statements for that Auto Loan account.
If funds are unavailable at the time we attempt to debit your Payment Account or your direct payment is not received for any reason, you will be responsible for forwarding a payment to us. If your payment is not received by the Due Date, you will be assessed late fees in accordance with your contract.
If you pay with a direct draft that is dishonored or returned, EFC Bank Auto Finance reserves the right to assess a “Returned Check Fee” in accordance with your contract. If a direct draft is returned, EFC Bank Auto Finance reserves the right to terminate this authorization and your participation in it.
Make Instructions and Changes with Time to Spare
You understand and agree that Payment Instructions and any changes to these instructions through Online Banking must comply with the payment rules disclosed when you make a payment. These payment rules are considered part of this Agreement.
Please note: You can stop payment of any entry by notifying EFC Bank Auto Finance in accordance with the cancellation terms in your payment-confirmation communication.
If You Close Your Payment Account
If you close your Payment Account with EFC Bank, any payments scheduled to be deducted from that Payment Account will not be processed. If you do not make alternative arrangements, you will be solely responsible for any fees incurred for late or non-payment as a result.
Online Bill Payment for Bank Accounts
THIS SECTION APPLIES ONLY IN CONNECTION WITH YOUR USE OF THE SERVICES TO ACCESS YOUR BANK ACCOUNT.
General Authorization
You authorize us to process the transactions you request and as permitted under this Agreement. You authorize us as well to post transactions to your accounts as directed. You may request a payment be made one time, or on a recurring basis. We reserve the right to refuse payment to any Biller to which you direct a payment. We will notify you promptly if we decide to refuse to pay a Biller designated by you. The notification is not required, however, if you attempt to make a payment that is prohibited. (See “Prohibited Payments” section of this Agreement). You authorize us to debit your account for any fees for the additional services you choose (as described below).
Withdrawal of Funds for Bill Payment and Payment of Fees
You have the option of selecting which of your deposit accounts the Service will withdraw funds for bill payments. We may assess fees if you request any of the following additional services, or any other additional services for which fees are charged:
Providing copies of checks which have cleared your account and have been paid;
Stop payment orders for bill payments processed but not yet paid from your Online Bill Payment Account
Manually issuing a check upon your special request.
Cancellation of services for which we charge fees does not release you from liability for any fees assessed by us but not yet paid prior to cancellation. You understand the amount of these fees is published in the EFC Bank Fee Schedule available at any EFC Bank banking office, via an email request, or by calling Customer Service.
Payment Authorization and Payment Remittance
By providing us with the names and account information of Billers for payment, you authorize us to follow your Payment Instructions. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with instructions we receive from your Billers.
By signing the bill payment instructions, you authorize EFC Bank to debit your Eligible Transaction Account and to remit funds on your behalf to the designated Biller. You also authorize us to credit your Eligible Transaction Account for payments returned to us by the National Postal Service or any Biller, or for payments remitted to you on behalf of another Authorized Person of the Service.
We will attempt to properly and timely make all your payments. However, you agree that we shall incur no liability, and any service guarantee shall be void, if we are unable to complete any payments initiated by you because of any one or more of the circumstances listed in Section 14 of this Agreement titled “Our Responsibility for Payments and Funds Transfers.”
For questions or information about errors regarding funds transfers and bill payments, see Section 18 of this Agreement titled “In Case Of Errors Or Questions About Funds Transfers Or Bill Payments Made.”.
If a payment posts after its Scheduled Deliver By date because the Biller failed to credit your payment promptly (and you scheduled the payment in accordance with this Agreement and no other exceptions apply), we will assist you and your Biller in attempting to resolve any delayed payment issues.
If the Service causes an incorrect amount of funds to be removed from your Eligible Transaction Account or causes funds from your Eligible Transaction Account to be directed to a Biller which does not comply with your Payment Instructions, we will return the improperly transferred funds to your Eligible Transaction Account in accordance with the electronic funds transfer disclosures provided to you at account opening (provided none of the above exceptions apply). We will also direct any previously misdirected transactions to the proper Biller.
Payment Scheduling
When you set up your Payment Instructions, the Service will indicate the earliest possible Scheduled Payment Date for each Biller. You will not be able to select a Scheduled Payment Date before the earliest possible date. When scheduling payments, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least 1 Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.
Depending on the method of payment, your Eligible Transaction Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a check, and the draft arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft, your Eligible Transaction Account may be debited earlier than the Scheduled Payment Date. To help avoid an overdraft or returned check fee, you should make sure that there are sufficient available funds in your account to cover your payment a few days before the Scheduled Payment Date. You should keep those funds available until the payment is deducted.
Electronic Bills (eBills)
Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only and you remain solely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Service’s electronic bill options, you also agree to the following:
Presentation of electronic bills. You will receive electronic bills from a Biller only if both:
1. You have designated it in the Service as one of your Billers, and
2. The Biller has arranged with our Service Provider to deliver electronic bills. The Service may then present you with electronic bills from that Biller if either:
a. you affirmatively elect online within the Service to receive electronic bills from the Biller, or
b. the Biller chooses to send you electronic bills on a temporary “trial basis.” In either case, you can elect online within the Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. When you elect to receive electronic bills from a Biller, you may be presented with terms from that Biller for your acceptance. We are not a party to such terms.
Paper Copies of electronic bills.
If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statement is at the sole discretion of the Biller. Check with the Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis.
Sharing Information with Billers. You authorize us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as your Billers and which we have identified as offering electronic bills. We do this to match your identity on the BCP’s records and the Biller’s records to
a- Activate your affirmative request for electronic bills, and/or
b- Confirm your eligibility for “trial basis” electronic bills.
Information held by the Biller.
We are unable to update or change personal information held by the Biller (such as name, address, phone numbers and email addresses). If you need to make any changes, you must contact the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. We may, at the request of the Biller, provide to the Biller your email address, service address, or other data specifically requested by the Biller so the Biller can match your identity against its records or inform you about the Biller’s services and/or bill information.
Activation.
We will notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller. And it may take up to 60 days, depending on the billing cycle of each Biller. While your electronic bill feature is being activated, it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
Authorization to obtain bill data. You authorize us to obtain bill data from the Billers you have requested send you electronic bills and from the Billers that wish to send you trial electronic bills. For some Billers, you will be asked to provide us with your username and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
Notification.
We will attempt to present all of your electronic bills promptly. In addition to notification within the Service, we may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically log in to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification.
The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may also cancel electronic bill presentment at any time. The timeframe for cancellation may vary from Biller to Biller. It may take up to 60 days, depending on the Biller’s billing cycle. We will notify your electronic Billers of the change in your account status. It is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
Non-Delivery of electronic bills. You agree to hold us harmless should a Biller fail to deliver your statement. You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
Accuracy and dispute of electronic bill.
We are not responsible for the accuracy of your electronic bills. We are only responsible for presenting the information we receive from the Biller. You must directly address with the Biller any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail.
This Agreement does not alter your liability or obligations to your Billers.
Payment Methods
There are limits on the amount of money you can send or receive through our Service. We may from time-to-time in our sole discretion adjust your limits. You may log in to the Online Banking site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf through the Service. This includes when we return funds to you in the event your Eligible Transaction Account is closed or otherwise unavailable. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or a draft drawn against your own account.
Online Bill Payment Service Guarantee
Some transactions may take longer than normal to credit to your account with a Biller due to circumstances beyond our control. This includes, but is not limited to, delays in handling and posting payments by Billers or other financial institutions. You understand we will bear responsibility for late payment-related charges actually incurred up to $50.00 should a payment post after its Due Date; but we will only do so if (1) you scheduled an Online Bill Payment with a Scheduled Deliver By date that complies with the “Payment Scheduling” section of this Agreement; (2) none of the exceptions in the “Our Responsibility for Payments and Funds Transfers” section of this Agreement exist; (3) the payment is not an Exception Payment; and (4) you otherwise comply with this Agreement.
Payment Cancellation
You may cancel or edit Scheduled Payments (including recurring payments) before we process them. You will not incur a charge for canceling or editing a Scheduled Payment before we process it. You understand and agree that once we have begun processing a payment it cannot be canceled or edited. In such cases, you must submit a “stop-payment” request to us.
Stop Payment Requests
You understand our ability to process a stop-payment request will depend on the payment method and whether or not a payment has cleared your Online Bill Payment Account. You understand we may not have a reasonable opportunity to act on any stop-payment request after we have already processed a payment. If you want to stop any payment that has already been processed but has not yet cleared your Online Bill Payment Account, you must contact EFC Bank Customer Service. You understand and agree that we will have no liability for failing to accommodate a stop-payment request. We may also require you to present your request in writing within 14 days. The charge for each stop-payment request will be the current charge for such service as stated in our Fee Schedule.
Prohibited Payments
We cannot schedule Bill Payments to Billers for any single payment greater than $49,999.99; or that are otherwise prohibited by law.
We have the right but not the obligation to monitor for, block, cancel and/or reverse the following types of payments, each of which is prohibited through the BCP:
· Payments to or from persons or entities located in prohibited territories;
· Payments that violate any law, statute, ordinance or regulation;
· Payments that violate these Use terms;
· Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction;
· Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes;
· Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs; (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card; (3) are for the sale of items before the seller has control or possession of the item; (4) constitute money-laundering or terrorist financing; (5) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges, or check cashing; or (6) provide credit repair or debt settlement services; and
· Tax payments and court ordered payments.
In addition to the above prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence and/or an investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your SOLE RESPONSIBILITY.
INFORMATION AUTHORIZATION
You understand that you are not completely enrolled in the BCP until the Service Provider verifies your identity and obtains other necessary information. By enrolling in the Service, you agree that the Service Provider may request a review of your credit file and/or credit report, through the use of a consumer reporting agency. You shall not incur a cost for this credit review. In order to resolve payment-posting issues, you authorize the Service Provider to gather any and all reasonably necessary financial information from your Billers or financial institutions regarding your payments.
BILLER LIMITATION
We reserve the right to refuse to pay any Biller to whom you may direct a payment. As required by applicable law, we will notify you promptly if we refuse to pay a Biller, such as those listed in the “Prohibited Payments” or “Exceptions Payments” sections of this Agreement.
RETURNED PAYMENTS
You understand that Billers and/or the National Postal Service may return payments to the Service for various reasons. This includes, but is not limited to, when the Biller’s forwarding address expired; the Biller account number is not valid; the Biller is unable to locate the account; or the Biller account is paid in full. The Service will attempt to research and correct the returned payment and return it to your Biller. We may also void the payment and credit your Eligible Transaction Account. You may receive notification from the Service.
FAILED OR RETURNED PAYMENT INSTRUCTIONS
By using the Service, you are requesting we attempt to make payments for you from your Eligible Transaction Account. If there are issues with your Eligible Transaction Account (like insufficient funds or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account), the Payment Instruction may not be completed. In certain circumstances, we will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us. In such case, you agree that:
You will reimburse us or our Service Provider immediately upon demand the amount of the Payment Instruction if we have delivered the payment but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account;
You may be assessed a fee by our Service Provider and by us if the Payment Instruction cannot be debited because (i) you have insufficient funds in your Eligible Transaction Account; (ii) the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account; or (iii) we cannot otherwise collect the funds from you. The fee will be as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us to deduct these amounts from your designated Eligible Transaction Account, including by ACH debit; You will reimburse us and our Service Provider for any fees or costs we incur in attempting to collect any amounts from you; and We as well as our Service Provider are authorized to report the facts concerning the return to any credit reporting agency. You further understand that any payments by EFC Bank in these circumstances are purely at our discretion and that the payment by EFC Bank of any bills under these circumstances in no way obligates us to pay the same or similar bills in the future.
Electronic Communications Disclosure
Please read this Electronic Communications Disclosure (“eCommunications Disclosure”) thoroughly—it contains important information about your legal rights.
Unless otherwise noted this eCommunications Disclosure applies whether you are using the Services to access your Bank Account, Non-Bank Account, or any other related services with EFC Bank and its affiliates accessible through the Online Banking Site (whether accessed through a personal computer, mobile device, or other technology), our websites, mobile apps, or other electronic means (all together, “Digital Channels”).
YOUR LEGAL RIGHTS
Certain laws and regulations require us to provide specific information (“Communications”) to you in writing, which means you have a right to receive that information on paper. We may provide such information to you electronically if we first present this eCommunications Disclosure and obtain your consent to receive it electronically. Your consent will also apply to any other person named on your accounts and related services, subject to applicable law. Since online banking and other EFC Bank websites include some of this information, you may consent to this eCommunications Disclosure as part of these services.
At times, we may still present you with paper disclosures or other documents that contain important information about your accounts and related services. You should continue to review any paper correspondence that we mail to you. Any communications that EFC Bank determines, in its sole discretion, that you should receive in paper rather than electronic form will be mailed to the primary address in our records or otherwise delivered as required by law or any additional agreement.
By consenting to this eCommunications Disclosure, you agree that you have or have access to equipment that meets the hardware and software requirements described below to enable you to sign in and use online banking and to access and retain your statements, documents, and disclosures electronically. If, in the future, you no longer have access to equipment that meets our hardware and software requirements, please contact us to unenroll from receiving electronic communications. We reserve the right to cancel your participation in this program at any time.
By consenting to this eCommunications Disclosure, you also agree that you have read, understood, and agree to be bound by the terms and conditions described in this eCommunications Disclosure. You agree that your consent does not automatically expire and is not limited in duration. You acknowledge that EFC Bank may terminate access to an account or related service as permitted in the terms governing the account or related service.
If your account is closed or access to the related service is terminated, you may not be able to access any Communications we have provided in electronic form. Accordingly, if your account is closed or access to the related service is terminated, we may send Communications to you in paper form via mail, even if you previously elected to receive such materials electronically.
TYPES OF COMMUNICATIONS - STATEMENTS
By consenting, you are electing to receive your statements electronically rather than in paper. Such electronic statements may contain other related disclosures such as your annual privacy notice and notices of changes in terms regarding products and services, which are otherwise required to be provided in paper form, depending on the product that you have. Your electronic statements will be available to review at intervals in accordance with your existing statement cycle date. While enrolled, your electronic statements will be available for 18 months or more.
TYPES OF COMMUNICATIONS - OTHER COMMUNICATIONS
By consenting, you are also electing to receive “Other Communications” through Digital Channels. These Other Communications may include agreements, disclosures, notices, alerts, and other information and communications regarding your account or any related service, the use of any other EFC Bank services, your relationship with us, and/or other programs, products or services that are or may be in the future available to you. Other Communications may also include, but are not limited to:
This eCommunications Disclosure and any updates
This Agreement, other service and user agreements for online access, all updates to these agreements and all disclosures, notices and other communications regarding Digital Channels and transactions you make within Digital Channels; Disclosures, agreements, notices, and other information related to the opening or initiation of an account or any related service; maintenance or operation of an account, including but not limited to account activity or inactivity, or payments made or due; and new terms and conditions or the deletion or amendment of existing terms and conditions. This includes but is not limited to account agreements, fee schedules, or other disclosures or notices that may be required by the Truth in Savings Act, Electronic Fund Transfer Act, Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm Leach Bliley Act, or other applicable federal or state laws and regulations; Any notice or disclosure regarding an account or any related service fee, including but not limited to late fees, and overlimit fees; Our Privacy Notice and other privacy statements or notices (by posting such notices on our website); Certain tax statements or notices that we are legally required to provide to you, such as 1099 forms; Certain information or forms that we request from you and ask you to submit electronically, such as signature cards, W-9s, or other agreements.
HARDWARE AND SOFTWARE REQUIREMENTS
To access and retain the information subject to this consent, you must have access to equipment that meets these hardware and software requirements:
· Either the Windows operating system or Macintosh OS X.
· Internet access and an Internet browser that supports HTML 4.0, TLS 1.2 encryption, Cookies and JavaScript.
· For Windows users we suggest using the latest version of one of the following free web browsers:
· Microsoft Internet Explorer
· Mozilla Firefox
· Google Chrome
· For Macintosh users we suggest using the latest version of one of the following web browsers:
· Apple Safari
· Mozilla Firefox
· Google Chrome
Certain older web browsers may not be supported by EFC Bank. If you are using an outdated version, you may need to update it in order to access your account or any related service online.
Statements and some other communications may be available in PDF format only. You will need a program that accurately reads and displays PDF files (such as Adobe® Reader®). If you do not have Adobe® Reader® you can download it at no charge from the following link: https://get.adobe.com/reader/. (Note that by clicking the link, you will be taken to a third-party site not managed by EFC Bank and may come with different security and/or privacy practices. We do not endorse, recommend or guarantee any products or services contained at the shared linked page.)
You agree that you have provided EFC Bank with a valid e-mail address and can access, download, and print PDF files.
To print Statements or Other Communications you must have a printer connected to your computer. To download Statements or Other Communications, if available, you must have sufficient hard-drive space to store the relevant materials. If there is a change in the hardware or software requirements needed to access or retain electronic records, and such change creates a material risk that you will not be able to access or retain subsequent electronic records, we will provide you with a statement of the revised hardware and software requirements for access to and retention of electronic records, as permitted by the eCommunications Agreement Disclosure. You have the right to withdraw consent as permitted under this eCommunications Disclosure.
HOW TO WITHDRAW YOUR CONSENT
At no cost, you can withdraw your consent to electronically receive statements, Communications, Other Communications, and related disclosures online or by phone. To do so, sign into online banking or other Digital Channels to update your settings or contact our Customer Service. Your withdrawal of consent is effective only after you have communicated it to EFC Bank as described above. And EFC Bank must have had a reasonable period of time to act upon your withdrawal. Withdrawing your consent will only apply to those communications that are required by law or regulation to be provided to you in paper form. We may continue to deliver to you in electronic format all other communications. Your consent to receive Communications electronically remains effective until you withdraw it as set forth here.
CONSENT COVERAGE; CERTAIN NOTICES FROM YOU ARE NOT COVERED.
You may be required by contract or applicable law to give us written notices. You must still provide these notices on paper. Your consent here does not relate to those notices.
Additionally, this eCommunications Disclosure does not apply to:
Any notice of default, acceleration, repossession, foreclosure, or eviction, or the right to cure or reinstate or redeem under a credit agreement secured by your primary residence;
Any other communications that EFC Bank determines, in its sole discretion, that you should receive in paper rather than electronic form, including offers of products and services.
OBTAINING COPIES OF ELECTRONIC COMMUNICATIONS.
We recommend that you print, download, or otherwise retain for your permanent records a copy of this Agreement, this eCommunications Disclosure, statements, and all other Communications.
You may print or make a copy of electronic statements or Communications by using the “Print” button (or otherwise using your print function) or saving a copy. Do this when you first review the Communications because after submission we do not necessarily keep them all in a place that you can access.
You may also call Customer Service at to request a paper copy of your statements or other Communications. Be sure to specify your account or any related service identification number, the specific Communications for which you are requesting a paper copy, and the address to which it should be mailed. We may charge fees for paper copies of statements or other Communications.
UPDATING YOUR CONTACT INFORMATION
As a courtesy, when your Statement is available online, we will attempt to send an email notification to the address that we have on file. We also may send you an email notification when you have a new Other Communication available for review. Alternatively, we may communicate the Other Communication directly through email.
In the event that your email address or other contact information is changed, you must notify EFC Bank of such changes immediately through online banking. It is your responsibility to update any changes in your email address online. We are not responsible if you do not receive a courtesy reminder. If you do not receive an email and believe you should have, please verify your email address in online banking.
If you fail to update or change an incorrect email address or other contact information, you understand and agree that any statements or other Communications shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form in any Digital Channel or emailed to the email address we have for you in our records.
Fees and Charges
For information about fees that may apply in connection with your Bank Account, please consult the EFC Bank Fee Schedule, available at any EFC Bank banking office. You can also call Online Banking Customer Service. In addition to such fees set forth in the Fee Schedule, you shall be subject to all fees, charges, penalties, balance requirements, and other restrictions explained in your account agreements or other Additional Agreements. Fees are subject to change. And we may impose additional charges, penalties or fees in connection with your use of the Services at any time, subject to these terms. You agree to promptly pay all fees and charges for the Services, and you authorize us to automatically deduct all applicable charges and fees from your designated EFC Bank Payment Account or any other eligible account. You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your accounts through the Services.
Changes in Services; Interruptions in Service
We may at any time revise, update, discontinue or otherwise modify, temporarily or permanently, the Services in whole or in part (including, without limitation, the Online Banking Site, this Agreement, the scope of the Services, and any materials related to the Services), or your access to them. We will attempt to provide prior notice of any such material changes (for example, by posting a notice of such changes on the Online Banking Site when you sign in; sending a notice to you at the address shown on our records; or sending you a secure message). But, we can’t guarantee that such notice will be provided.
Whenever reasonably practicable, we will try to post or send notice of any additional fees for online transactions at least 30 days in advance of the effective date; or of any stricter limits on the type, amount, or frequency of transactions, or any increase in your responsibility for unauthorized transactions. But, we can’t guarantee that we will provide such notice by such time. We reserve the right to make any such changes effective immediately if necessary to maintain the security of the system or to comply with any laws or regulations. If we make such a change, and we can disclose it without jeopardizing the system’s security, we will give you electronic or written notice within 30 days after the change.
Changes to the Services may render prior versions of the Services obsolete. We reserve the right to terminate this Agreement as to all prior versions of the Services and/or related materials and limit access to our more recent versions and updates.
You may choose to accept or decline changes by closing, continuing or discontinuing use of the Services to which these changes relate. When you use the Services after we make any changes you agree to such changes. We also reserve the option, in our sole discretion, to waive, reduce or reverse charges or fees in individual situations.
The Service is generally available 7 days a week, 24 hours a day. However, we may from time to time perform maintenance to the Services or experience hardware, software, or other problems related to the Services. This may result in interrupted service, delays or errors in the Services. We will try to provide prior notice of such interruptions, delays, or errors but cannot guarantee that such notice will be provided.
Our Responsibility for Payments and Funds Transfers
WHEN USING THE SERVICES TO ACCESS YOUR BANK ACCOUNT
When you use any payment or funds transfer service through the Services, you warrant that you are an authorized user on the account from which the funds are drawn. We, or a third party acting as our agent, will use reasonable efforts to timely and properly complete funds transfers and bill payments from your designated checking, savings or other deposit account or line of credit accounts according to your instructions. However, neither we nor any Service Provider will be liable in any way for any failure or delay in completing any such transaction (whether an Outgoing Payment, Incoming Payment or funds transfer).
WHEN USING THE SERVICES TO ACCESS YOUR CREDIT CARD ACCOUNT
When you use any payment service through the Services, you warrant that you are an authorized user on the account from which the funds are drawn. We, or a third party acting as our agent, will use reasonable efforts to timely and properly complete payments from your Card Accounts according to your instructions. However, neither we nor any Service Provider will be liable in any way for any failure or delay in completing any such transaction (whether an Outgoing Payment, Incoming Payment or funds transfer).
WHEN USING THE SERVICE TO ACCESS YOUR AUTO LOAN ACCOUNT
When you use any payment service through the Services, you warrant that you are an authorized user on the account from which the funds are drawn. We, or a third party acting as our agent, will use reasonable efforts to timely and properly complete payments from your Payment Accounts according to your instructions. However, neither we nor any Service Provider will be liable in any way for any failure or delay in completing any such transaction (whether an Outgoing Payment, Incoming Payment or funds transfer).
LIMITED LIABILITIES FOR CERTAIN PAYMENTS AND FUND TRANSFERS
Neither we nor any Service Provider will be liable in any way for any failure or delay in completing any such transaction (whether an Outgoing Payment, Incoming Payment or funds transfer), if:
Through no fault of our own or of our agent, you do not have enough money in a designated checking, savings, or other deposit account, that account has been closed, or the transaction would exceed the credit limit on any applicable overdraft line of credit; our payment processing center is not working properly and you knew or were told about the malfunction before you executed your bill payment instructions; you have not properly followed instructions on how to make a funds transfer; you do not provide us with complete, correct and current Payment Account or Biller information or instructions; you do not authorize a bill payment or transfer in time for your payment to be credited by the Biller by the Due Date; a timely bill payment is made but the Biller nevertheless does not credit your payment promptly after receipt; withdrawals from any accounts have been prohibited by a court order such as a garnishment or other legal process; we or our agent reasonably believe that a transaction may be unauthorized; your computer or any related system was not working properly and it interfered with your attempt to authorize a funds transfer or bill payment; circumstances beyond our or our agents’ control prevent making a funds transfer or bill payment.
Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by Billers, fires, floods, and other natural disasters, terrorist acts or war; or
Any other set of circumstances as set forth in this or any Additional Agreements. If we are ever obligated by law to pay interest on the amount of a transfer, you will be paid interest on a daily basis equal to the current annual percentage rate that is otherwise applicable to the account from which the funds transfer should have occurred. In the event we are ever liable to you for damages due to a transfer, your damages will be limited to actual damages only. We will not be responsible for incidental or consequential damages, court costs or attorneys’ fees unless required by law
Disclosure of Account Information to Third Parties
You authorize us to collect, use and disclose to third parties, affiliates, and agents, such as independent auditors, consultants or attorneys, information you have provided or that we or others have obtained about your accounts and the actions you take when using the Services consistent with our EFC Bank Online Privacy Policy. For additional information on how we may share personal information about you, please visit https://efcbank.com/policy/privacy-policy/227.
Statement of Record
Account information provided by the Services is not the statement of record. The periodic statement that is mailed to you will be the statement of record. If you have chosen to stop receiving paper statements, the periodic statement provided to you electronically will be the statement of record. You are responsible for reviewing any statement and other account communications sent to you by postal mail or electronically. Any mailed statement and other account communications will continue to contain important information about your accounts, regardless of whether you access your accounts through the Services or whether you have chosen to receive your statement electronically.
Your Responsibilities and Liabilities
It is your sole responsibility to ensure that the contact and other information in your online banking user profile is current and accurate. This includes, but is not limited to, your name, address, phone numbers, email addresses, and account numbers. You can call customer service for live support or contact us directly from your account to report any concern or changes to your account or contact information. We are not responsible for any payment processing errors or fees incurred by you if you do not provide accurate account or contact information.
WHEN USING THE SERVICES TO ACCESS YOUR BANK ACCOUNT
If you close any Payment Account you must notify us and identify a new Payment Account for the selected Services. If you close all your accounts with us, you agree to notify us to cancel your Services.
Unauthorized Transactions
We will send you periodic statements for your accounts with the regularity provided for in your account agreements. You are extremely important in preventing any wrongful use of your accounts. You must carefully examine your statement upon receipt.
Tell us AT ONCE if you suspect that an unauthorized transaction has been or may be made from your account; if you believe another person has improperly obtained your online passwords or has transferred or may transfer money from your accounts without authorization; or if you suspect fraudulent activity on your accounts. It is important you notify us timely to avoid losing all the money in your checking, savings or other deposit accounts.
To the extent a transaction is an electronic fund transfer from a Personal Account, the following rules apply: You can lose no more than $50 in connection with an unauthorized transfer resulting from the loss or theft of your Access Information if you notify us within 2 Business Days of learning of the loss or theft of your Access Information. However, you can lose as much as $500 in connection with an unauthorized transfer resulting from the loss or theft of your Access Information if you do not notify us within 2 Business Days of learning of the loss or theft of your Access Information and we can prove that we could have stopped the unauthorized transfer had we been notified. If you do not report unauthorized transactions that appear on any of your periodic statements within 60 days after such statements are mailed or electronically transmitted to you, you risk unlimited losses on transactions made after the 60 day period if we can prove that we could have stopped the unauthorized use if you had notified us in time. If a good reason, such as a long trip or hospital stay, kept you from telling us, we may extend the time periods.
You agree to assist us in our efforts to recover any funds that were transferred or paid without your permission.
WHEN USING THE BCP TO ACCESS YOUR CREDIT CARD ACCOUNT
Unauthorized Transactions
We will send you periodic statements for your accounts with the regularity provided for in your account agreements. You are extremely important in preventing any wrongful use of your accounts. You must carefully examine your statement upon receipt.
Tell us AT ONCE if you suspect that an unauthorized transaction has been or may be made from your account; if you believe another person has improperly obtained your online passwords; or if you suspect fraudulent activity on your accounts. You can contact us as specified on our Contact Us page. You agree to assist us in our efforts to recover any funds that were transferred or paid without your permission. For more information on your rights and responsibilities for unauthorized transactions, please review your account agreement.
WHEN USING THE BCP TO ACCESS YOUR AUTO LOAN ACCOUNT
Unauthorized Transactions
We will send you periodic statements for your accounts with the regularity provided for in your account agreements. You are extremely important in preventing any wrongful use of your accounts. You must carefully examine your statement upon receipt.
Tell us AT ONCE if you suspect that an unauthorized transaction has been or may be conducted from your accounts; if you believe another person has improperly obtained your online passwords, Password/PIN or has transferred or may transfer money from your accounts without authorization; or if you suspect fraudulent activity on your accounts.
REAL TIME PAYMENT NETWORK SERVICE
A. Description of Service
You can use the Real Time Payments Service (“RTP”) to receive a Request for Payment ("RFP") from other individuals or businesses with a bank account at a financial institution participating in RTP ("hereinafter Payee") and to pay such RFPs from an eligible checking account to that Payee using RTP.
B. Eligibility and Enrollment
Transfers using RTP will be based on the exchange rate between the local currency and the U.S. Dollars at the moment plus possible FOREX fees. When you enroll to use RTP to receive RFPs or send payments, you agree to the terms and conditions of this Agreement. You represent that you have the authority to authorize payments from the enrolled bank account.
In order to avoid potential duplicate payments to the same biller, you agree to turn off any e-bills or other duplicate electronic billings or recurring payment arrangements you have with the same Payee from whom you elect to receive a RFP. Failure to do so may result in over payments.
You agree that you will not send money to anyone for any purpose that is prohibited by law.
You may make payments using your consumer checking account. We may require you to validate certain account information before you are permitted to send a payment using RTP. We reserve the right to suspend or terminate your use of RTP if we believe, in our sole discretion, that you have violated any of these terms or conditions or are otherwise engaging in a fraudulent or other illegal manner.
C. Sending a Payment
Upon your receipt of a RFP, you may respond by making a payment in an amount you designate to the Payee submitting that RFP or you can elect to disregard the RFP. You may make a one-time immediate payment or a future-scheduled payment in response to a RFP. Recurring payments are not available at this time. You may make payments 24 hours a day, 7 days a week, including weekends and holidays.
By making a request to send a payment, you authorize us to debit your account for the amount of the payment and to transfer that amount to the Payee you designate. You also understand that your account will be debited immediately for a one time immediate payment, or on the date you have scheduled for a future-scheduled payment, in the amount you have designated and a transfer will be made in real time to that Payee's financial institution. However, we do not control when the financial institution will credit the intended Payee’s account or when your account with the Payee will reflect the payment. If we fail to process a payment in accordance with your properly completed instructions and the RTP requirements, we will reimburse you for any late payment fees charged by the Payee, in addition to any other remedies that may be available to you under Section 8 of this Agreement.
Since all payments are irrevocable and cannot be reversed, you should be careful to verify that the RFP you receive is from a Payee you know and trust and that the amount you enter is correct before sending a payment. We make no representations or warranties that the information contained in a RFP is accurate and complete. It is your responsibility to verify the accuracy of that information prior to sending a payment. You will still be responsible for any payment you authorize us to make even if you enter the wrong amount. We will not be liable for any typographical, keystroke or other errors made by you.
We do not offer a protection program for authorized payments made through RTP. We will not be liable if you do not receive the goods or services that you paid for, or if the goods or services are damaged or otherwise not what you expected. You are responsible for resolving any such disputes you may have with the Payee to whom you sent a payment through RTP.
D. Fees
There is no fee for receiving a RFP or making payments in response to a RFP using RTP.
E. Cancellation
Immediate transfers made using RTP are irrevocable and cannot be reversed or stopped once made. Future-scheduled payments may be cancelled by 11:59 p.m. EAT on the business day prior to the scheduled transfer by going to the Transfers section of the EFC Bank website or mobile app and tapping on “Activity”.
F. Limits
Same limits as they apply to daily limits of cash transactions
ACCEPTABLE USE
You agree that you are independently responsible for complying with all applicable laws when you use the Service, regardless of the purpose of the use. This includes all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and/or remove communications or content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) use any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) use any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. In Case of Errors or Questions about Payments, Transfers or Other Transactions Made Through the Services
WHEN USING THE SERVICES TO ACCESS YOUR BANK ACCOUNT
In case of questions or errors about funds transfers or bill payments made through the Services, you must do one of the following:
Call us or write us at
EFCBANK
Go to Local Sites for more information about EFCBANK HQ in your country
Or log into your account at https://efcbank.com and click on the transaction.
With respect to any statements you receive from us that reflect transactions you performed while using the Services, if you think your statement is wrong or if you need more information about a transaction listed on the statement, we must hear from you no later than 60 days after we sent the FIRST paper or online statement on which the problem or error appeared.
When you report an error we will ask you to:
Tell us your name and Account number.
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.
To the extent possible, tell us the amount of the suspected error.
If you tell us verbally, 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 while we 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. If the error occurred within 30 days after the first deposit to your Account, we may take up to 90 days to investigate your complaint or question, and we may take up to 20 Business Days to credit your Account for the amount you think is in error. We will tell you the results within 3 Business Days after completing our investigation. If we decide 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.
In our investigation of any bill payment transactions, we will request from the Biller a refund of any interest and/or fees which you may have been wrongly assessed, provided that we will have no obligation to further pursue such request if the Biller denies such request. You will be notified of the final resolution.
WHEN USING THE SERVICES TO ACCESS YOUR CREDIT CARD ACCOUNT
In case of questions or errors about payments or other transactions made through Online Banking, you must call us as specified on our Contact Us page. For more information on your rights and responsibilities for billing errors, please review your Billing Rights Summary, which is considered part of this Agreement.
WHEN USING THE SERVICES TO ACCESS YOUR AUTO LOAN ACCOUNT
In case of questions or errors about payments or other transactions made through Online Banking, you must call us as specified on our Contact Us page.
Area of Service
Unless otherwise agreed by EFC Bank, the Services described in this Agreement are offered to EFC Bank clients.
Collection Expenses
If we must file a lawsuit to collect what you owe us, you will pay our reasonable expenses, including attorneys’ fees and court costs, unless prohibited by applicable law.
Downloading and Exportation
The Hebrew Export Control laws prohibit the export of certain technical data and software to certain territories. No content from the Online Banking Site or any other EFC Bank Site may be downloaded or otherwise exported in violation of Hebrew Laws.
Changes or Amendment
We may change, suspend, or discontinue the Services described in this Agreement, or any of their features or the applicable fees and charges, in our sole discretion and at any time. Any changes may result in the addition of new charges or terms. If we make changes, you will be notified if required by applicable law. Unless otherwise indicated, when you use the Services after the effective date of the revised terms, you accept the terms.
Termination
Your rights under this Agreement will cease without notice if you fail to comply with any of its terms. In such a case, we may immediately stop your access to the Service.
Notices
We may provide you with notices related to the Service by email, text message/SMS, regular mail, or postings on the websites or apps related to the Service. Your use of the Service is subject to the consent you provided to the Electronic Communications Disclosure (“eCommunications Disclosure”). This allows us to provide you with certain communications and other records electronically.
Tech Support
EFC Bank may not be able to provide support for the Site. If EFC Bank provides support, it will be in addition to other support for your Account. You agree to any support rules, policies, and determinations.
Feedback
You agree that any suggestions, comments, and feedback you submit to EFC Bank (“Feedback”) shall be the property of EFC Bank. EFC Bank is free to use any Feedback without any restriction of any kind. This includes without limitation the right to reproduce, display, transform, distribute and create derivative works. EFC Bank can also use any ideas, concepts, know-how or techniques in such Feedback for any purpose.
Assignment
We may assign this Agreement to our parent corporation or to any now-existing or future direct or indirect subsidiary of our parent corporation or another EFC Bank entity; or to any existing or future direct or indirect subsidiary of EFC Bank; or to any of our existing or future affiliates. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign this Agreement or your rights to use or access the Services to any other party.
Data Recording
When you contact us, the communication or the information you provide may be recorded or otherwise retained by us or by our Service Provider. You consent to such recording or retention. Without limiting the above, you agree that we may record the conversations our employees or agents have with you or your agents to ensure your instructions are followed and monitor quality of service and accuracy of information our employees and associates give you.
Disclaimer of Warranty
EFC BANK PROVIDES THE SERVICES “AS IS.” EFC BANK MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION. EFC BANK DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY US CREATES ANY KIND OF WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. EFC BANK MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE SERVICES. BUT EFC BANK MAKES NO WARRANTY THAT (a) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THAT DEFECTS WILL BE CORRECTED; OR (c) ANY INFORMATION CONTAINED IN, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF THE SERVICES WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE.
Limitation on Liability & Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK THAT MAY RESULT FROM YOUR USE OF THE SERVICES. YOU AGREE NOT TO HOLD US (NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES) LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATING TO YOUR ACCESS OR USE (OR INABILITY TO ACCESS OR USE) THE SERVICES, REGARDLESS OF WHETHER THEY’RE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY. THIS INCLUDES WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. THE SERVICES MAY SOMETIMES BE DOWN, DELAYED, INTERRUPTED, OR NOT WORKING PROPERLY. WE ARE NOT LIABLE TO YOU FOR ANY INTERRUPTIONS OR UNAVAILABILITY OF THE SERVICES. SHOULD THE SERVICES BE DEFECTIVE IN ANY WAY, WE ASSUME NO LIABILITY FOR SERVICING, REPAIR, OR CORRECTION, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT. EFC BANK HAS NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS, OR ERRORS IN CONNECTION WITH THE SERVICES.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE.
IN STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, OUR LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED THE EQUIVALENCY OF TEN DOLLARS ($10) IN YOUR LOCAL COUNTRY CURRENCY.
Indemnification
You agree that you are personally responsible for your conduct while using the Services. You agree to indemnify, defend, and hold harmless EFC Bank and our respective owners, affiliates, directors, officers, employees and agents from claims, losses, expenses, liability, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, caused by or arising out of your use, misuse, or inability to use the Services. This includes any violation by you of these terms. This provision will survive the expiration or termination of this Agreement.
Governing Law; Jurisdiction; Venue
National law governs this Agreement without regard to its conflicts of law principles. To the extent permitted under any applicable law, this Agreement will not be subject to the Uniform Computer Information Transactions Act as codified or amended. You irrevocably and unconditionally submit to the jurisdiction and venue of the specified District Court where our HQ is located in your country..
EFC Bank’s Intellectual Property
EFC Bank owns the intellectual property rights related to or used in connection with these services. This includes patents, trade secrets, copyrights, and trademarks. All other intellectual property rights are the property of their respective owners. Nothing in this Agreement gives you any rights with respect to any intellectual property rights owned by EFC Bank or others. All other trademarks and graphics are the property of their respective owners.
Severability
If any part of this Agreement is void or unenforceable, all remaining terms shall remain valid and enforceable.
Non-Waiver
We shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or failure on our part to exercise any right or remedy shall be a waiver of that or any other right or remedy. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies in the future.