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Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS WEBSITE, OR ANY PAGES THEREOF.

Copyright and Trademarks©

Bank of Cape Cod 2006. ALL RIGHTS RESERVED. Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Bank of Cape Cod unless otherwise indicated. The name "Bank of Cape Cod" and our logo are our trademarks.

Use of Information and Materials

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of Bank of Cape Cod’s website and systems including, but not limited to, unauthorized entry into Bank of Cape Cod's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited.

Links

This site may contain links to websites controlled or offered by third parties (non-affiliates of Bank of Cape Cod). Bank of Cape Cod hereby disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked to this website. By creating a link to a third party website, Bank of Cape Cod does not endorse or recommend any products or services offered or information contained at that website, nor is Bank of Cape Cod liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from that of Bank of Cape Cod and the third party website may provide less security than the Bank of Cape Cod website.

No Warranty

The information and materials contained in this site, including text, graphics, links or other items are provided “as is”, “as available”. Bank of Cape Cod does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including, but not limited to, the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

Limitation of Liability

In no event will Bank of Cape Cod be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Bank of Cape Cod, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Submissions

All information submitted to Bank of Cape Cod via this site shall be deemed and remain the property of Bank of Cape Cod and Bank of Cape Cod shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides Bank of Cape Cod through this site. Nothing contained herein shall be construed as limiting or reducing Bank of Cape Cod's responsibilities and obligations to customers in accordance with Bank of Cape Cod’s Privacy Notice.

Availability

This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

Additional terms

Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

Governing Law

Use of this site shall be governed by all applicable Federal laws of the United States of America and the laws of the Commonwealth of Massachusetts.

Online Banking Customer Agreement and Disclosures

You must indicate your agreement with this policy in order to use online banking.
The terms and conditions of any deposit account agreement, rules, regulations, schedule, signature card, credit agreement, including any disclosures made pursuant to such agreements, or authority executed by or made available to Customer are incorporated herein by reference. Credit agreements may include credit card agreements you have with Bank of Cape Cod. However, if there is any conflict or inconsistency between the terms and conditions stated in the other agreements and those of this Agreement, the terms and conditions of this Agreement shall control to the extent of such conflict or inconsistency. Some of the transactions permitted under this Agreement are governed by the Electronic Funds Transfer Act and some terms and conditions included in the Agreement are required by this Act.

Electronic Funds Transfer (EFT) Act

Some of the terms set forth below are governed by the Electronic Funds Transfer Act ("EFT Act") which is only applicable to consumers. Commercial account holders are not entitled to the rights provided under the EFT Act.

Password and Security Procedures

Your TeleBanc password serves also as your initial password for Online Banking. Upon first use of the service, you will be required to change this password. Use of your password will indicate to Bank of Cape Cod your acceptance (on behalf of all owners in the case of joint accounts) of the terms and conditions governing your account(s) and this Online Banking Agreement. Each time you access Online Banking you will be required to enter your password. If your password is lost or stolen, or is known by another individual, you must notify Bank of Cape Cod immediately. Failure to notify Bank of Cape Cod promptly could result in a loss of funds. You are responsible for maintaining the confidentiality of your password and any breach of confidentiality shall promptly be reported to Bank of Cape Cod. It is strongly recommended that you change your password regularly to protect the security and privacy of your financial information.

Computer Equipment and Software

You are solely responsible for the maintenance and operation of your computer and any software used in accessing Online Banking. Bank of Cape Cod shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your computer or software.

Daily Processing Deadlines

Bank of Cape Cod business days are Monday through Friday except for holidays specified and observed by the Federal Reserve Bank. For Online Banking services, Bank of Cape Cod has established its business day to end at 8:00 p.m. Monday through Friday. Transactions received after 8:00 p.m. on a given business day, will be processed on the next business day. Federal Regulations limit the number of transfers from Money Market and Savings accounts. Transfers are limited to six per month, no more than three of which may be by check, draft, debit card, or similar order made to a third party.

Electronic Mail

Electronic mail to Bank of Cape Cod may be delayed; therefore, if you need Bank of Cape Cod to receive information concerning your account immediately, you must contact Bank of Cape Cod in person or by telephone (i.e. stop payments, to report a lost or stolen card or to report unauthorized use of your account). Bank of Cape Cod shall have a reasonable period of time after receipt to act on requests or information you send by electronic mail.

Confirmation: Duty to Report Discrepancies

All transfers and electronic bill payments you authorize through Online Banking will be reflected on the appropriate account periodic statement. You acknowledge and agree that you are responsible for verifying the accuracy of all data transmitted to Bank of Cape Cod through Online Banking. It is your responsibility to review your periodic statement and promptly notify Bank of Cape Cod of any discrepancies.

Reporting Unauthorized Transactions

If you believe unauthorized transactions are being made from your accounts, please notify the Bank of Cape Cod Customer Information Center immediately at 508.568.2300.

Periodic Statements

Bank of Cape Cod will mail or deliver to you periodic statements for your Bank of Cape Cod accounts as disclosed in your deposit or credit agreements. Bank of Cape Cod will include any transfers or bill payments you authorize through Online Banking on your statements.

Customer’s Responsibility

You shall be responsible for all transfers and electronic bill payments you authorize through Online Banking. You shall also be responsible for all transactions authorized by persons to whom you have given your password. You must report to Bank of Cape Cod AT ONCE if the password has been lost or stolen. Telephoning is the best way of minimizing possible losses. Failure to notify Bank of Cape Cod could result in the loss of all of the money in your account plus your maximum line of credit, if you have one. If you do not report to Bank of Cape Cod within two business days after learning of the loss or theft of the password, and Bank of Cape Cod can prove that it could have prevented someone from using the password without your permission had it been notified, you could lose as much as $50. Also, if the statement shows electronic transfers you did not make, report them to Bank of Cape Cod at once.

Bank’s Responsibility

Bank for Cape Cod shall be responsible for performing the services expressly provided for in this Agreement, and shall not be liable for any error or delay so long as Bank of Cape Cod has acted in accordance with the terms and conditions hereof. Bank of Cape Cod shall not be liable if you do not have sufficient collected funds in a designated account to complete the transaction you initiate or if the account is closed. Bank shall not be liable if you have not given Bank of Cape Cod complete, correct or current transfer or payment instructions or if you have not followed proper instructions given through Online Banking or software used. Bank of Cape Cod shall not be responsible for any loss, damage, liability or claim arising, directly or indirectly from any error, delay or failure in performance of any of its obligations hereunder which is caused by fire or other natural disaster, strike, civil unrest, any inoperability of communications facilities or any other circumstance beyond reasonable control of Bank of Cape Cod.

Account Information

Bank of Cape Cod may disclose information to a third party about your account or any transfers only if you have given us permission to do so, or when it is necessary to complete transfers; verify the existence or status of your account to a third party such as a credit bureau or merchant; or, to comply with a court order or the request of a government agency.

Severability

If any provision of this Agreement is found to be invalid or unenforceable under applicable law, said provision shall be ineffective to the extent of such invalidity only, without affecting the remaining provisions of this Agreement.

Amendment

This Agreement may be amended at any time by Bank of Cape Cod and the revised information will be made available at the Bank of Cape Cod office and, in many cases, will be mailed or sent via electronic mail to you. You will be required to abide by these changes in future transactions.

Termination

Either party may terminate this Agreement by giving sufficient notice to the other party. Any transactions you have made prior to notice of termination will continue to be made until Bank of Cape Cod has had a reasonable opportunity to act upon the notice of termination. If Bank of Cape Cod terminates your access to Online Banking, Bank of Cape Cod reserves the right to immediately stop making transfers or payments from your account(s), including those you previously authorized.

Applicable Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts where the principal office of Bank of Cape Cod is located. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assignees.

Charges

Bank of Cape Cod will automatically deduct your Online Banking-related Fees from your Bank of Cape Cod bank account each month. Basic Online Banking service is free.

Remote Deposit Capture

Clients must comply with these Terms of Use and possess a valid Remote Deposit User Agreement to use the Bank of Cape Cod’s Remote Deposit Capture application.
The terms and conditions of any deposit account agreement, rules, regulations, schedule, signature card, credit agreement, including any disclosures made pursuant to such agreements, or authority executed by or made available to Customer are incorporated herein by reference. Credit agreements may include credit card agreements you have with Bank of Cape Cod. However, if there is any conflict or inconsistency between the terms and conditions stated in the other agreements and those of this Agreement, the terms and conditions of this Agreement shall control to the extent of such conflict or inconsistency. Some of the transactions permitted under this Agreement are governed by the Electronic Funds Transfer Act and some terms and conditions included in the Agreement are required by this Act.

Electronic Funds Transfer (EFT) Act

Some of the terms set forth below are governed by the Electronic Funds Transfer Act ("EFT Act") which is only applicable to consumers. Commercial account holders are not entitled to the rights provided under the EFT Act.

Password and Security Procedures

Each user of the RDC application will be assigned a username.  Each user must have a unique password that is not shared.  It is up to the client to ensure proper security is adhered to at all times.  Each time a user accesses RDC, the user will be required to enter a password. If the password is lost or stolen, or is known by another individual, you must notify Bank of Cape Cod immediately. Failure to notify Bank of Cape Cod promptly could result in a loss of funds, account information, or private non-public information. You are responsible for maintaining the confidentiality of your password and any breach of confidentiality shall promptly be reported to Bank of Cape Cod. It is strongly recommended that you change your password regularly to protect the security and privacy of your financial information.

Computer Equipment and Software

Client is solely responsible for the maintenance and operation of client’s computer and any software used in accessing Remote Deposit Capture. Bank of Cape Cod shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of client’s computer or software.

Daily Processing Deadlines

Bank of Cape Cod business days are Monday through Friday except for holidays specified and observed by the Federal Reserve Bank. For Remote Deposit Capture services, Bank of Cape Cod has established its business day to end at 6:00 p.m. Monday through Friday. Transactions received after 6:00 p.m. on a given business day, will be processed on the next business day.

Electronic Mail

Electronic mail to Bank of Cape Cod may be delayed; therefore, if you need Bank of Cape Cod to receive information concerning your account immediately, client must contact Bank of Cape Cod in person or by telephone. Bank of Cape Cod shall have a reasonable period of time after receipt to act on requests or information you send by electronic mail.

Confirmation: Duty to Report Discrepancies

All deposits made through Remote Deposit Capture will be reflected on the appropriate account periodic statement. You acknowledge and agree that you are responsible for verifying the accuracy of all data transmitted to Bank of Cape Cod through Online Banking. It is your responsibility to review your periodic statement and promptly notify Bank of Cape Cod of any discrepancies.

Customer’s Responsibility

Client shall be responsible for verifying all items and totals transferred using Remote Deposit Capture.  Client shall also be responsible for all transactions authorized by persons to whom you have given your password.  Client must report to Bank of Cape Cod AT ONCE if the password has been lost or stolen. 

Client may only transmit checks drawn on banks within the United States.  Checks drawn on foreign banks, even if made payable in US funds, must be mailed or delivered to bank office for processing.

 

Bank’s Responsibility

Bank for Cape Cod shall be responsible for performing the services expressly provided for in the Remote Deposit Capture Agreement, and shall not be liable for any error or delay so long as Bank of Cape Cod has acted in accordance with the terms and conditions hereof..  Bank shall not be liable if client has not given Bank of Cape Cod complete, correct or current instructions or if client has not followed proper instructions given through Remote Deposit Capture software used. Bank of Cape Cod shall not be responsible for any loss, damage, liability or claim arising, directly or indirectly from any error, delay or failure in performance of any of its obligations hereunder which is caused by fire or other natural disaster, strike, civil unrest, any inoperability of communications facilities or any other circumstance beyond reasonable control of Bank of Cape Cod.

Account Information

Bank of Cape Cod may disclose information to a third party about client’s account(s) only if client has given us permission to do so, or when it is necessary to complete transfers; verify the existence or status of your account to a third party such as a credit bureau or merchant; or, to comply with a court order or the request of a government agency.

Severability

If any provision of this Agreement is found to be invalid or unenforceable under applicable law, said provision shall be ineffective to the extent of such invalidity only, without affecting the remaining provisions of this Agreement.

Amendment

This Agreement may be amended at any time by Bank of Cape Cod and the revised information will be made available at the Bank of Cape Cod office and, in many cases, will be mailed or sent via electronic mail to you. You will be required to abide by these changes in future transactions.

Termination

Either party may terminate this Agreement by giving sufficient notice to the other party. Any transactions client has made prior to notice of termination will continue to be made until Bank of Cape Cod has had a reasonable opportunity to act upon the notice of termination. If Bank of Cape Cod terminates client’s access to Remote Deposit, Bank of Cape Cod reserves the right to immediately stop making transfers to client’s account(s).

Applicable Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts where the principal office of Bank of Cape Cod is located. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assignees.

Client is responsible for safeguarding of their customers non-public private information.  Clients using Remote Deposit MUST BE IN COMPLAINCE with both Federal and State laws concerning customer privacy.  Applicable laws for the safeguarding of customer information include, but are not limited to:

Gramm-Leach-Bliley Act of 1999

Massachusetts Privacy Law (201 CMR 17)  http://www.mass.gov/ocabr/docs/idtheft/201cmr1700reg.pdf

Massachusetts Privacy Law (201 CMR 17) FAQ http://www.mass.gov/ocabr/docs/idtheft/201cmr17faqs.pdf

Client agrees to store private non-public customer information in a secure location for a period not longer than 90 days.  After 90 days, client agrees to destroy via industry accepted practice or deliver items to Bank of Cape Cod to shred.

Charges

Bank of Cape Cod will automatically deduct any fees associated with Remote Deposit Capture from the client’s Bank of Cape Cod bank account each month.

Rediscover Local Banking

The Management, Associates and Directors of Bank of Cape Cod believe in the Cape Cod community and are committed to making a difference in the lives of its businesses and residents.

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