The Bank’s Liability for Failure to Complete Transactions. If we do not complete a transaction from your account on time or in a correct amount, according to the Terms, we will be liable for your losses or damages. However, there are some exceptions. For instance, we will not be liable if:
a. Through no fault of ours, you do not have enough available funds in your account to make the transaction.
b. The ATM where you are making the transfer does not have enough cash.
c. The ATM was not working properly and you knew about the breakdown when you started the transaction.
d. Circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
e. Your account is not in an active status.
f. There may be other exceptions stated in the Terms.
The Bank’s Liability for Failure to Complete Transactions. If the Bank does not complete a transfer to or from your account on time or in the correct amount according to the Bank's agreement with you, the Bank will be liable for your losses and damages which you prove are directly caused by the Bank's action. However, there are some exceptions. The Bank will not be liable, for instance: If, through no fault of the Bank, you do not have enough money or available credit in an overdraft protection account to make the transfer. If the ATM where you are making a withdrawal does not have enoughcash. If circumstances beyond the Bank's control (such as labor disputes, fire, flood, or telephone, power or equipment failure) prevent the transactions despite the reasonable precautions the Bank has taken. If the money in your account is subject to legal process or other encumbrances restricting the transfer. If the ATM is temporarily out of service or closed for maintenance orrepair. If the ATM was not working properly and you knew about the breakdown when youstarted the transaction. If incomplete or inaccurate information is forwarded by the U.S. Treasury or throughan automated clearing house. If the Bank does not receive proper and timely instructions regarding thetransaction. Charges for EFTs Although ATMs and Internet Banking services generally operate all day every day (except downtime for repairs and maintenance), the Bank's business days are Monday through Friday. The following holidays are not included as business days: Federal holidays. Any sections in this Agreement that refer to "new accounts" refers to accounts whereby the first deposit made to the account to open it was within the last 30 days.
The Bank’s Liability for Failure to Complete Transactions. If the Bank does not complete a transfer to or from Customer’s account on time or in the correct amount according to Bank’s agreement with Customer, Bank shall not be liable for any of Customer’s losses or damages. This limitation on the Bank’s liability includes but is not limited to the following specified limitations. The Bank will not be liable when any of the following affects the Bank’s ability to complete a transfer:
a. If Customer does not maintain the proper available balance in Customer’s account to complete a transaction;
b. If the money in Customer’s account is subject to legal restrictions or other encumbrances restricting transfer;
c. If the automated teller machine or the merchant where Customer is making the transfer does not have enough cash;
d. If the Retail Online Banking system or other system being utilized was not working properly;
e. If circumstances beyond Bank’s control (such as fire, flood or systems failure) prevent the transfer, despite reasonable precautions the Bank has taken;
f. If there is any interruption of Service due to hardware, software and/or internet connection problems;
g. If Customer fails to properly install and maintain appropriate software on Customer’s home computer;
h. If Customer’s computer system was not functioning properly at the time Customer initiates a transaction or if Customer initiates a transaction at a time when Customer knew the systems were not working properly;
i. If there is any disruption of telephone service and/or telecommunication service;
j. If Customer fails to follow online instructions for making a transfer or payment or supply full, correct and complete information to properly complete a transaction;
k. If the payee, mail service or other delivery system mishandles or delays handling payments sent by Bank;
The Bank’s Liability for Failure to Complete Transactions. The Bank will process and complete all transfers (to and from eligible accounts) properly initiated through the RDS system in accordance with the terms on the Image and the terms of this Agreement. If the Bank or its processors do not complete a Check 21 Transaction on time or in the correct amount in accordance with terms on the Image and under the terms of this Agreement, the Bank’s liability for Customer’s losses and damages will be limited to those directly and proximately caused by the Bank’s failure, not to include indirect, consequential, special or exemplary damages. Further, the Bank will not be liable if:
a. Through no fault of the Bank, the Indirect Customer does not have enough money in his or her account to make the transfer or payment.
b. The Scanner or the Program is not working properly, and Customer knew about the malfunction when Customer initiated use of the Services.
c. The Indirect Customer’s depository institution mishandles or delays handling Check 21 Transactions initiated by the Bank.
d. There is an error on the Indirect Customer’s paper check.
e. Circumstances beyond the Bank’s control (such as fire, flood, or delay in the U.S. Mail) prevent the proper completion of the transaction despite reasonable precautions by the Bank to avoid these circumstances.
