Internet Banking Agreement

This Internet Banking Agreement (“Agreement”) applies to your access to and use of the Franklin Savings Bank FranklineBranch web site (site) and, if applicable, your use of Franklin Bill Pay.  Please read this Agreement carefully and retain a copy for your records.

ACCESS

By accessing any page of our site, you agree to be bound by the terms and conditions contained in this Agreement.

DEFINITIONS

“Bank,” “we,” “our,” “us” and similar terms mean Franklin Savings Bank.  “Business day” means Monday through Friday, excluding state and/or federal holidays.

ELECTRONIC FORMAT

This Agreement is provided in electronic form.  By accessing our site, you agree to accept the Agreement in electronic form.

FEES

The use of Franklin eBranch is free for all Franklin Savings Bank customers.

Franklin Bill Pay is free when bills are being paid from a personal account. Bills paid from business and organizational accounts will be subject to a $5.00 monthly fee, which the Bank may change in its sole discretion. Item charges will also apply to accounts for businesses and organizations.

System Requirements
You may use any personal computer ("PC") or other access device equipped with qualified browser software that provides Internet access to the World Wide Web and supports 128-bit encryption. Franklin eBranch will work best if your PC meets or exceeds the following requirements:

Supported Browser List (as of 5-10-2012)

Your browser is an important part of the overall security measures designed to protect your Internet banking transactions. Please consult the information below to make sure you are using supported browser/system requirements.

  • Screen Resolution set to 800 X 600 or higher
  • Cookies enabled. (First and 3rd Party) for specific domain bankbyweb.net
  • JavaScript enabled.
  • Active X enabled.

Please click on any of the following links to download the latest version of supported browsers. Prior to download please review each browser's system requirements.

Minimum Operating System / Browser Requirements with the most recent browser download links.

Encryption

Access

Windows XP, Vista, 7 (32 and 64 bit)
Internet Explorer 9
Opera 11
Firefox 10
Google Chrome 13
Apple Safari 5

128 bit

Yes

Macintosh OSX
Opera 11
Firefox 10
Apple Safari 5

128 bit

Yes

By using our site, you expressly agree that you are solely responsible for the risk of error, failure, or non-performance of the device and/or software you use to access our site and that you will hold us harmless from any and all liability resulting from any errors, failures and/or malfunctions of the device and/or software you use to access our site.

License Agreement
We grant to you a non-transferable, non-exclusive, and non-sublicensable license to use Franklin eBranch for its intended purpose, including accessing and using our financial services for your personal use or internal business purposes. You may not modify, translate, or reverse engineer the software related to Franklin eBranch, send a copy of any portion of the software related to Franklin eBranch to any third party, or use the software related to Franklin eBranch in violation of the laws of any jurisdiction. You may not delete or remove copyright notices or other legal notices from the software related to Franklin eBranch.

This license will remain in effect until terminated. We may terminate this license at any time for any reason, including, without limitation, when you cease to be a subscriber to Franklin eBranch, or if you fail to comply with any term or condition of this Agreement.

The supplier retains ownership and intellectual property rights in the software related to Franklin eBranch. The software related to Franklin eBranch is protected by copyright and other intellectual property laws and international treaties. Title and related rights in the content accessed through the software related to Franklin eBranch is the property of the applicable content owner and is protected by applicable law.

Liability Disclaimer
The Bank will not be liable to you or any third party for any loss or property damage, any indirect, special, incidental, consequential or punitive damages, or any lost profits, arising from your use of our site, any interruption or termination in the availability of our site, any delay or termination in operation or transmission with respect to our site, any temporary or permanent loss of data, or any other event arising from your access to and/or use of our site.  Franklin Savings Bank is not responsible if you download a file from our site that contains a virus.

Funds Transfers
You may make payments through Franklin eBranch to your Franklin Savings Bank accounts. You also can use Franklin eBranch to make funds transfers between different eligible Franklin Savings Bank accounts. An eligible Franklin Savings Bank account is one linked to Franklin eBranch that doesn't have withdrawal restrictions or require direct Bank update.  We reserve the right to revise eligibility standards from time to time in our sole and exclusive discretion.

Bill Pay

You may pay your bills online using Franklin Bill Pay, which allows you to:

  • make payments to merchants from your checking/NOW account

  • schedule automatic payments to merchants from your checking/NOW account to be made at periodic intervals

  • review and update scheduled payments

  • review bill payment history

Please note that specific terms applicable to your use of Franklin Bill Pay are set forth later in this Agreement.

Limits on Transfers
There are limits imposed by law on the number of transactions you can make from certain accounts. Transfers from a savings or Money Market account to another account or to third parties by pre-authorized, automatic or telephone transfer, check, debit card or similar order to third partiesĀ are limited to six per statement cycle . There are no limits on the dollar amounts of transfers made so long as there are funds available in your account to make them.

Please note: Transactions made after 6 p.m. on a business day and/or a day that is not a business day will normally not be reflected in the account balances until the next business day.

In addition to the foregoing, Franklin Savings Bank will not be obligated to honor, in whole or in part, any transaction or instruction which:

  • Is not in accordance with any term or condition applicable to your accounts;

  • We have reason to believe may not be authorized by you;

  • Involves funds subject to a hold, dispute, restriction or legal process we believe prevents withdrawal; and/or

  • We otherwise have reasonable cause not to honor for our or your protection.

Third Party "Linked" Web sites Disclaimer
For your convenience Franklin Savings Bank provides links to third party web sites. Your access to any of these sites is at your own risk.  We will not be liable for any errors, omissions, loss of data, materials or functions by third party sites linked to or from our site and operated by other persons and/or entities. Franklin Savings Bank does not endorse any third party sites even if a link is established between our site and the other web site.

Communication With Us and Electronic Mail (E-mail)
You may contact us 24 hours a day, 7 days a week via e-mail. Responses to email inquiries will normally be transmitted during our regular banking business hours.

You may contact us directly via an email form on the Franklin Savings Bank webpage. Please be aware that Internet email is not considered secure. Therefore, you should not communicate confidential information, such as your account numbers or passwords, in an email message. Instead, contact us directly by telephone or letter.

CONSUMER LIABILITY – UNAUTHORIZED TRANSFERS

Tell us AT ONCE if you believe your card and/or code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all of the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days after you learn of the loss or theft of your card or code, you can lose no more than $50 if someone used your card or code without your permission.

If you do NOT tell us within two business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you can lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money had you told us in time.

If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.

If you believe your card and/or code has been lost or stolen, that someone has transferred or may transfer money from your account without your permission, or a transfer has been made using the information from your check without your permission, call us at (800) 287-0752 or write us at:

            Franklin Savings Bank
            Attn: Customer Service Dept.
            PO Box 825 , 197 Main St .
            Farmington , ME 04938-0825

Business Days: Monday through Friday, excluding state and/or federal holidays. Saturday transactions are posted the next business day.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

We will disclose information to third parties about your account or the transfers you make:

  • Where it is necessary for completing transfers

  • In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant

  • In order to comply with government agency or court orders; and/or

  • If you give us written permission.

ERROR RESOLUTION

In case of errors or questions about your electronic transfers, call us at (800) 287-0752 or write us at: Franklin Savings Bank, PO Box 825 , Farmington ME 04938 . Do this as soon as possible if you believe 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.

Tell us your name and account number (if any).

Describe the error on 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.

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.

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 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.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, 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 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.

OVERDRAFTS

If any withdrawal(s) create a negative balance in your account(s), you shall repay to us the amount of such overdraft, including customary and usual overdraft charges, in the same manner as any other overdraft on such an account.

CANCELLATION

Your Franklin eBranch and Franklin Bill Pay Access ID and Password remain our property and immediate surrender may be required by us at any time. We may cancel the Access ID and Password at any time without notice or cause. Any cancellation or termination shall not affect any of your existing liability to us.

AGREEMENT NOTIFICATION

This Agreement may be amended by us without prior notice to you when such a change is immediately necessary to maintain or restore the security of the networks or a customer’s account. In instances where amendment to this Agreement is not immediately necessary, we will endeavor to notify you in writing at least thirty (30) days prior to the effective date of any change in any term or condition of this Agreement or your account if such change would result in greater cost or liability to you, provided that notification within a lesser period will not in any way affect the validity or enforceability of the applicable amendment.

TERMINATION

Any termination of this Agreement will not in any way affect any of your obligations to us accruing prior to the time of such termination.

Specific Terms Relating To Franklin Bill Pay

In addition to the general terms and conditions specified in this Agreement, the following specific terms and conditions apply to your use of the Franklin Bill Pay service.

USE OF FRANKLIN BILL PAY

Use of the bill payment service, Franklin Bill Pay, constitutes your acceptance of all of the terms and conditions set forth in this Agreement, as may be amended from time to time.

INTRODUCTION

Through online banking you may subscribe to our optional Franklin Bill Pay service.  The Franklin Bill Pay service allows you to schedule payments through the Internet for current, future, and recurring bills from your checking account with us.

You may use our Franklin Bill Pay Service to direct us to make payments from your designated checking account to the Payees you choose in accordance with this Agreement. The terms and conditions of this Agreement are in addition to the agreements, disclosures and other documents in effect from time to time governing your deposit account with us, including the Deposit Account Agreement & Disclosures (“Deposit Agreement”).

For purposes of this Agreement, “bill payment,” “Franklin Bill Pay” and/or “Service” means the bill payment service that Franklin Savings Bank makes available over the Internet with Paytraxx as more particularly described in this Agreement. “Account” means the deposit account you designate to process bill payment transactions through. "Payee" or “Merchant” means anyone you designate and we accept as a payee. “Payment” means your remittance to a payee.

REQUIREMENTS & RESTRICTIONS

We may not permit you to use a money market or savings account as your designated bill payment account because federal regulations require us to limit the number and types of transfers from money market and savings deposit accounts.

Requirements for dual signatures on checks do not apply to the bill payment service.

PAYEE DESIGNATION

You can use the bill payment service to make payments to almost any Payee you want, including individuals, local service providers, utilities, credit cards, or to make mortgage or loan payments, charitable donations, etc.

The bill payment service cannot be used to make payments for the following:

  • Tax payments to the Internal Revenue Service or any state, local or other government agency;

  • Court-ordered payments such as child support or alimony; and

  • Payees located outside of the United States

By furnishing us with the names of your Payees (merchants and/or individuals) and their addresses, you give us authorization to follow the Payment instructions that you provide to us with respect to such Payees.  When we receive a Payment instruction for the current date or a future date, we will remit the funds to the Payee on your behalf from the funds in your designated account on the day you have instructed them to be sent (Payment Date).  We are not obligated to pay funds from your account if the available account balance is insufficient to cover the Payment.  Funds for bill payments, whether paid electronically or by check, will be withdrawn from your account on the Payment Date that you select. 

We are not responsible if a Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a merchant, or if you attempt to pay a merchant that is not on your Merchant Accounts list.

MAKING / SCHEDULING payments

You may use the bill payment service to authorize recurring payments or non-recurring payments.  Recurring payments are payments that you schedule in advance to recur at substantially regular intervals in the same amount to the same Payee.  Recurring payments may be scheduled for up to ten (10) years.  Non-recurring payments are single, one-time payments to a specified Payee.  Non-recurring payments may be scheduled to be initiated up to eighteen (18) months in advance. 

We limit the amount of each individual bill payment transaction to $10,000.

Payments are processed on business days at 2 PM EST.  If you attempt to schedule a Payment on a day other than a business day, you will be prompted to select a different date, or the Payment will be processed on the preceding business day if it is an auto recurring Payment. The Payment method may be electronic or by check. The first Payment to a Merchant must be scheduled at least five (5) business days prior to the due date for each bill payment (recurring or non-recurring) to allow adequate time for the Payment to reach the Payee.  The due date is the date the Merchant has set for Payment, and should not be adjusted for any grace period or late date accommodations the Merchant may provide.  Once the Service has been notified whether a Merchant accepts electronic payments or requires a paper check, after making the first Payment to that Merchant, the Service will display a message indicating that the Merchant requires either a two (2) day lead time for an electronic payment or a five (5) day lead time if a paper check sent by regular mail is required.

Any payments made with bill payment require sufficient time for your Payee to credit your account with them properly.  To avoid incurring a finance charge or other charge, you must schedule a Payment sufficiently in advance of the due date of your Payment. Under no circumstances will we be responsible for late fees and/or finance charges you incur as a result of your failure to schedule payments sufficiently in advance of payment due dates.  In addition, under no circumstances will we be liable if any third party through whom any Payment is made fails to properly transmit the Payment to the intended Payee. 

You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all payments requested, as well as any other payment obligations you have to us. We reserve the right, without liability, to reject or reverse a Payment without prior notice to you if you fail to comply with this requirement or any other terms of this Agreement. If you do not have sufficient funds in your designated account and we have not exercised our right to reverse or reject a Payment, you agree to pay for such Payment obligations on demand.  You further agree that we, at our option, may charge any of your accounts with us to cover such Payment obligations.

Change or Delete payments / Stop payments

Any Payment can be changed or cancelled, provided you access the Service prior to 1:30 PM EST on the business day you have designated for Payment processing.

We shall not be liable to you due to a stop payment request if your order to do so is not presented in accordance with this section

PAYMENT GUARANTEE

If all Payment guidelines were followed and a Payment is still posted late to your account with a Merchant resulting in a late fee, at our discretion, we will make an attempt to have the Merchant waive the late fees.  If the Merchant is unwilling to waive late fees, up to $50 in late fees assessed by the Merchant will be covered by us. However, due to factors beyond our control such as the U.S. Mail and Payment processing at the Merchant, it is not guaranteed that a Payment will post on the fifth business day (or second, if issued electronically).  It is imperative to note that Merchant grace periods are not taken into consideration, and if adequate lead time prior to the Payment due date was not allowed by you in scheduling the Payment, this Guarantee is void.

NOTE:  If the Merchant is not willing to discuss late fees or status of the account with us, you will be notified and advised that the Merchant requires your authorization before further discussions can occur between us and the Merchant.

LIABILITY
You are solely responsible for controlling the safekeeping of and access to your bill payment information. You are liable for all transactions you make, or that you authorize another person to make, even if that person exceeds his or her authority. If you want to terminate another person's authority, you must change your Online Banking logon password.   In the event that you have experienced unauthorized access to our bill payment, you must notify us of the unauthorized access, identify any payments made or potential payments scheduled, and change your logon information.

You will be responsible for any Payment request you make that contains an error or is a duplicate of another Payment. We are not responsible for a Payment that is not made if you did not properly follow the instructions for making the Payment. We are not liable for any failure to make a Payment if you fail to promptly notify us after you learn that you have not received credit from a Payee for a Payment. We are not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be our agent.

In any event, we will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if we have knowledge of the possibility of them. We are not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond our reasonable control.

INACTIVITY

If you do not access or use the bill payment service for a period of more than ninety (90) days, we may in our sole discretion terminate your access to and use of the bill payment service without notice to you.

TERMINATION

We reserve the right to terminate your use of bill payment at any time without prior notice to you and without liability to us. 

If, for any reason, you should want to terminate your use of our bill payment service, we recommend that you cancel all future bill payments and transfers at the same time you terminate the service, either by deleting the payments yourself or by contacting the bank as stipulated below.  We will delete all outstanding payments (both one-time and recurring), as part of your service termination.

We are not responsible for any fixed payment made before we have a reasonable opportunity to act on your termination notice. You remain obligated for any and all payments made by us on your behalf through the bill payment service.

Should you opt to discontinue any of the accounts or services to which this Agreement pertains, written notice must be provided to us immediately at the following address or presented to any branch office during regular business hours:

  • Franklin Savings Bank
    PO Box 825
    Farmington, ME 04938-0825

AGREEMENT ASSIGNMENT AND AMENDMENT

We may assign this Agreement to any affiliate, parent or other company.  We may also assign or delegate certain of our rights and responsibilities under this Agreement to such third parties as we may elect upon notice to you, whereupon you agree to unconditionally release us from any and all further liability or responsibility under this Agreement.

We reserve the right to amend or cancel any of the provisions of this Agreement, including changes to any fees, costs, or assessments.  We may amend or cancel any provision or charge by disclosing the change electronically, and, at our option, by sending you notification in addition thereto.  You may choose to decline amendments, cancellations or changes to this Agreement by discontinuing the accounts or services to which these changes relate.  Your failure to decline any amendment, cancellation or change to this Agreement in accordance with this section will be deemed to constitute your acceptance of such amendment, cancellation or change.  We reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.

If you agree with the terms, click the "I Agree" button. By proceeding, you will be forwarded to the "New User Enrollment" form. By filling in, printing out and mailing or delivering this form to Franklin Savings Bank, you are agreeing with the terms and conditions as listed above and agree that the security procedures we have established for the use of our site are commercially reasonable.

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