E. Benefits of Using Parke24
With Parke24, you can manage your personal accounts from your home or office on your personal
computer. You can use Parke24 to:
View account balances and review transaction history.
Transfer money between accounts. (As noted in the applicable account Deposit Agreement and Disclosure Statement).
Place stop payments. (As noted in the applicable account Deposit Agreement and Disclosure Statement).
Pay bills
to
a merchant, institution or individual.
Make a loan payment.
Communicate directly with
ParkeBank.
III. Terms and Conditions
The first time you access your ParkeBank accounts through Parke24 you agree to be bound by all the terms and conditions of this Access
Agreement and acknowledge your receipt and understanding of this disclosure.
A. Your Online Password
You will be given a password that will give you access to your ParkeBank accounts for Parke24 access. This password can be changed within Parke24 using the options button. For your protection, we recommend changing your password
frequently. We may require you to change your password at any time. In addition to your ID and password, ParkeBank's
security procedures may also involve device identification and/or security
questions.
ParkeBank will act on instructions received under your password.
For
security purposes, it
is recommended that you memorize this online password and do not write it
down. You are responsible for keeping your password, account numbers and other account data confidential. If you permit other persons to use your
Parke24 access or other means to access your account, you are responsible for
any transactions they authorize.
In addition, if you have not logged in to Parke24 Online Banking for a period of six months we will
automatically restrict access to your accounts and you must contact us to have your password reset. We may
also at our discretion choose to terminate your use at that time or not grant you future access.
B. Payment Account
Although there are currently no fees for accessing your accounts through Parke24, you may be asked to
designate a payment account for selected services such as Bill Pay. You agree to pay promptly all fees and
charges for services provided under this Access Agreement, and authorize us to charge the account that you have
designated as the payment account or any other account for the fees.
If you close the payment account, you must notify ParkeBank and identify a new payment account for the
selected services. Additionally, if you close all
ParkeBank accounts, you must notify ParkeBank Customer Service to cancel the Parke24 services.
Your online access may be canceled at any time without prior notice due to insufficient funds in one of your
accounts. After cancellation, Parke24 services may be reinstated, once sufficient funds are available in your
accounts to cover any fees and other pending transfers or debits. In order to reinstate your services, you
must call ParkeBank Customer Service at 1.866.PARKEBK(727.5325).
If you do not access your ParkeBank accounts through Parke24 for any (1) one year period, ParkeBank reserves the right to charge you an inactivity fee or terminate your service without notice. Please note that your bill
payment information will be lost if your service is terminated. You agree to be responsible for any telephone charges incurred by accessing your ParkeBank accounts through Parke24.
If you wish to cancel any of the Parke24 services offered through Parke24, please contact ParkeBank Customer Service at 1.866.PARKEBK(727.5325) or send us cancellation instructions in writing to
ParkeBank,
601 Delsea Drive, P.O. Box 40, Sewell,
NJ
08080.
C. Our
Liability
EXCEPT AS OTHERWISE
PROVIDED IN THIS
ACCESS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS, PROPERTY DAMAGE, OR INJURY INCURRED BY YOU OR ANY THIRD PARTY THAT
IS CAUSED BY
THE PARKE24 ONLINE SERVICE OR USE THEREOF,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR
INJURY. WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS,
PROPERTY DAMAGE, OR INJURY RESULTING FROM: ANY INTERNET BROWSER PROVIDERS; ANY
ONLINE SERVICE PROVIDERS; ANY INTERRUPTION IN THE AVAILABILITY OF THE PARKE24
ONLINE SERVICE; ANY ERRORS, FAILURES, OR MALFUNCTIONS OF YOUR COMPUTER OR
SOFTWARE; OR ANY COMPUTER VIRUS OR MALWARE THAT MAY AFFECT YOUR COMPUTER OR
SOFTWARE.
UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT
WILL PARKE BANK, ITS SUBSIDIARIES, OR VENDORS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS
OF PROFITS, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PARKEBANK, ITS SUBSIDIARIES, AND VENDORS SHALL NOT
BE LIABLE TO YOU FOR ATTORNEY'S FEES.
EXCEPT
AS EXPRESSLY PROVIDED IN THIS ACCESS AGREEMENT, THE PARKE24 SERVICES PROVIDED
HEREUNDER ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, PARKEBANK AND ITS SUBSIDIARIES AND VENDORS DISCLAIM ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PARKE24 SERVICE AND ITS
RELATED MATERIALS, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR
QUALITY, THEIR MERCHANTABILITY, OR THEIR NON-INFRINGEMENT. PARKEBANK DOES NOT
WARRANT THAT THE PARKE24 SERVICE IS COMPLETELY SECURE OR IS FREE FROM BUGS,
INTERRUPTIONS, ERRORS, OR OTHER PROGRAM LIMITATIONS. PARKEBANK DOES NOT WARRANT
THAT THE WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
D. Overdrafts: Order of Payments, Transfers, Other Withdrawals
If your account has insufficient funds to perform all
electronic funds transfers (ATM withdrawals, pre-
authorized transactions, Parke24 transfers and bill payments, etc.) that you have requested for a
given business day, then:
1. Certain electronic funds transfers involving currency disbursement, like ATM withdrawals, will
have
priority, and
2. The electronic funds transfers initiated through Parke24 may result in an overdraft of your account
and may, at ParkeBank's discretion, be canceled.
In addition, you will
be
charged the same overdraft charges that apply to your account.
E. Hours of Accessibility
You can access your ParkeBank accounts through Parke24 seven days a week, 24 hours a day, our business days are Monday through Friday. Saturday, Sunday, and Federal holidays are not included as a
business day.
However, at certain times, some or all
of
Parke24 may not be available due to system maintenance. If
possible, you will be notified online when this occurs.
A transfer between your ParkeBank accounts initiated through Parke24 is
in "real time" and is
posted
immediately.
F. Additional Terms and Conditions
Obtaining Account Balance and Transaction History - You can obtain balance and transaction history on all
eligible accounts for up to 90 days. Current balance and activity information is immediately available.
Transferring Funds - The number of transfers from a savings account is
limited as described in the applicable Deposit Agreement and Disclosure. If a
hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
IV. Bill Pay Service
A. Using the Service
The Parke24 Payment Service allows you to schedule bill payments through Parke24. You can schedule, at
your option, for the payment of your current, future and
recurring bills from any of your ParkeBank
checking accounts. There is no limit to the number of payments that may be scheduled. You may pay a
merchant or individual through the use of Parke24. We are unable to process any payment of taxes or
court-directed payments through Parke24 Payment Services.
By furnishing us with the names of payees/merchants, you authorize us to follow the payment instructions to these payee/merchants that you provide us through Parke24. When we receive a payment instruction (for the current or a future date), we will remit funds to the
payee on your behalf from the funds in your selected checking account. When Parke24 receives a payment instruction, you authorize it
to
charge your checking account and remit funds on your behalf so that the funds arrive as close to the business day
designated by you as reasonably possible. While it is anticipated that most transactions will
be
completed on
the exact day designated, it
is
understood that due to circumstances beyond the control of Parke24,
particularly delays in handling and posting payments by slow-responding companies or financial institutions, some transactions may take a
day
or even a few days longer.
For this reason, it is recommended that all payments transfers be scheduled at least (7) seven business days before the actual due date, not the late date. If you properly follow the procedures described herein,
and Parke24 fails to deliver a payment on the scheduled payment date, Parke24 will bear the responsibility
for late charges
up to the amount of $50.00 In any other event, including, but not limited to, choosing a payment date less than (7) seven days prior to the actual due date, the risk of incurring and the responsibility for paying any and all charges or penalties shall be borne by you.
Parke24 will use its best efforts to process all your payments properly. However, Parke24 shall incur no
liability if it is
unable to complete any payments initiated by you through Parke24 payment services because of the existence of any one or more of the following circumstances:
1. Your account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft protection account.
2. The Parke24 processing center is not working properly and you know or
have been advised by the
service about the malfunction before you execute the transaction.
3. You have not provided Parke24 with the correct
names or account information for
those persons or entities to whomever you wish to direct payment.
4. Circumstances beyond the Parke24's control such as, but not limited to, fire, flood, or
interference
from an outside force that would prevent the proper execution of the transaction. Parke24 has taken reasonable precautions to avoid those circumstances.
5. Failure of another financial institution to act in a timely
manner.
You have the right to stop or
change any scheduled
bill payment. You must cancel the payment by no later than 3 PM (Eastern Time), on the Payment Date, by using the DELETE function on the Parke24 "Pending
Payment"
screen.
ParkeBank reserves the right to terminate your use of Parke24 bill
payment service in whole or part, at
any
time without prior notice.
If, for any reason, you should ever wish to cancel Parke24 bill payment services, we strongly suggest that
you cancel all future bill payments at the same time that you cancel your service, either by deleting those
payments yourself using Parke24 or calling ParkeBank Customer Service at 1.866.PARKEBK(727.5325). This will ensure that future payments and transfers made by you will
not be duplicated. We will
automatically delete all outstanding payment orders (all individual payments and
all
recurring payments) once we have been notified that your service has been terminated. We will continue to maintain your
accounts until you notify us otherwise.
B. Bill Pay Fees
The monthly fee for Parke24 payment services is currently waived. This fee covers unlimited bill payments
to
anyone you wish to pay in the U.S. These fees cover service for the previous month and are effective
upon
enrollment. Fees will be charged to your payment account, whether or not bill
payments are made out
of
that account, or any other account linked to Parke24 payment services.
Additionally, you agree to pay any special charges in effect as announced by the Bank from time to time.
These charges are in addition to the fees and service charges specified in your applicable checking, savings, overdraft protection account agreements (for example, uncollected or overdraft charges on your checking
account).
If the payment account has insufficient funds to cover fees, the Bank will deduct the fee from any other checking account linked to Parke24 (in any order we may choose). If the fee cannot be paid, we may cancel your Bill Pay service. After cancellation, your Bill Pay service may be reinstated by contacting ParkeBank Customer Service once sufficient funds are available in your payment account to cover the bill payment fees and
any
other pending transfers or debits.
V. General Terms
A. Changes to Charges, Fees or Other Terms
We reserve the right to change the charges, fees or other terms described in this Agreement. However, when
changes are made to any fees or charges, we will
notify you Online, or
send a notice to you at the address shown on our records, or send you an electronic mail message (E-mail). The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees for Online transactions,
or of any stricter limits on the type, amount or
frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the
security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of
the system, we will
provide you with electronic or
written notice within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are
governed by the applicable Deposit Agreement and Disclosure.
B. Disclosure of Account Information
We will disclose information to third parties about your account or the transfers you make:
(2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
(5) at our discretion, as allowed by New Jersey law providing for the release of account information pertaining to actual or suspected illegal activities.
C. Questions or Error Correction on Parke24 Transactions
In case of questions or errors about Parke24 funds transfers through Parke24 involving your account, call or write us at the telephone number or address listed in this disclosure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a
transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on
which the problem or error appeared.
(1) Tell us your name and account number (if any).
(2) 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.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
(4)For a bill payment, tell us the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, confirmation number, and payee account number for the payment in question
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no
error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
PARKE BANK
OPERATIONS DEPT.
601 DELSEA DRIVE, P.O. BOX 40
SEWELL, NJ 08080
Business Days: Monday through Friday
Excluding Federal Holidays
Phone: 856-256-2500 or 1-866-727-5325
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST
If we do not complete a transfer to or
from your ParkeBank account on time or in the correct
amount according to our agreement with you, we will
be
liable for your losses or damages
pursuant to the terms and conditions specified in this Access Agreement. However, there are some exceptions. We will
not be liable, for
instance:
If, through no fault of ours, you do not have enough money in your account to make a transfer.
If
a legal order directs us to prohibit withdrawals from the account.
If your account is closed or if it
has
been frozen.
If the transfer would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts.
If you, or anyone you allow, commits any fraud or
violates any law or regulation.
If any electronic terminal, telecommunication device or any parts of the electronic fund transfer system is not working properly.
If you have not provided us with complete and
correct payment information, including without limitation the
name, address, account number, and payment amount for
the payee on a bill payment.
If you have not properly followed the instructions for
using Parke24.
If circumstances beyond our control (such as fire, flood or improper transmission or handling of payments by a
third party) prevent the transfer, despite reasonable precautions taken by us.
D. Other General
Terms
Other Agreements - In addition to this Access
Agreement you agree to be bound by and
will
comply with the
requirements of the applicable Deposit Agreement and Disclosure, the Bank's rules and regulations, the rules and regulations of any funds transfer system to which the Bank belongs, and applicable State and
Federal laws and regulations. We agree to be bound by them also.
ParkeBank Reserves the Right to terminate this
Access Agreement - The Bank reserves the right to terminate this Access Agreement and your access to Parke24, in whole or in part, at any time without prior notice.
VI. Protecting Your Account
A. Preventing Misuse of Your Account
Your role is extremely important in the prevention of any wrongful use of your account. You must promptly
examine your statement upon receipt. If you find that your records and ours disagree, you must
immediately call ParkeBank Customer Service at 1.866.PARKEBK(727.5325).
Protecting Personal Information - In addition to protecting your account information, you should also take
precautions to protect your personal identification information, such as your driver's license, Social Security
Number, etc. This information by itself or together with information on your account may allow unauthorized
access to your account(s). It is your responsibility to protect personal information with the same level of
care that you protect your account information.
Taking Care of Your Online Password - The password that is
used to gain access to Parke24 Business shall be kept confidential. For your protection, we recommend changing your password
frequently. We may require you to change your password at any time. It is
recommended that you memorize this online password and do not write it
down. In addition, if you have not
logged in to Parke24 Online Banking for a period of six months we will
automatically restrict access to your accounts and you must contact us to have your password reset. We may also at our discretion choose to terminate your use at that time or not grant you future access.
You are responsible for keeping your password, account numbers and other account data confidential. If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer
money from your account without your permission, notify ParkeBank Customer Service at once at
1.866.PARKEBK(727.5325).
Unauthorized Transactions in Your ParkeBank Accounts
Notify us immediately if you believe another person has improperly obtained your password. Also notify us if
someone has transferred or may transfer money from your account without your permission, or if you
suspect
any
fraudulent activity on your account. Only reveal your account number to a
legitimate entity for
a purpose you authorize (such as your insurance company for automatic payments). To notify us, call
ParkeBank Customer Service at 1.866.PARKEBK(727.5325), or write ParkeBank, 601 Delsea Drive, P.O. Box 40, Sewell, NJ 08080.
If your password has been compromised and you tell us within two (2) business days after you learn of the
loss or theft, you can lose no more than $50 if someone used your password without your permission to
access a ParkeBank deposit account. If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500.
Also, if your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us immediately. If you do not notify us within sixty (60) days of the transmittal of the statement to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days. If extenuating circumstances, such as a long trip
or hospital stay, kept you from telling us, the time periods in this section will
be
extended.
VII.
Miscellaneous
This Access Agreement may be amended by
the Bank, in its sole discretion, from time to time, by sending a copy of the
amended Access Agreement to you at least thirty (30) days prior to the proposed
effective date. If you do not agree to the changes, you may discontinue the
services. In instances where an immediate change to the Access Agreement
is necessary to maintain the security of the system, the change will be made
without any prior notice to you. If such an immediate change is made, and
it can be disclosed without jeopardizing the security of the system, we will
provide you with electronic or written notice within thirty (30) days after the
change. Your continued use of the services indicates your acceptance of any
modified terms. This Access Agreement may also be amended by writing signed by
the Bank and you. If any provision of this Access Agreement is held to be void
or unenforceable by a court of competent jurisdiction or any governmental
agency, the remaining provisions of this Access Agreement shall not be
affected.