Online Banking Service Agreement
In this Agreement, please remember that “you” and “your” refer to the person who has enrolled in Online Banking and “we”, “us” and “our” refer to RBC Bank.
This Agreement sets out your responsibilities and obligations and our responsibilities and obligations with respect to Online Banking.
A copy of this Agreement will not be mailed to you unless you request it by telephoning us at 1-800-236-8872; accordingly, you should print or save this Agreement by using the “Print” or “File Save” options on your Internet Browser.
ACCEPTANCE OF AGREEMENT
The first time you access Online Banking through use of your Username and Password, or some other person on your behalf accesses Online Banking through use of your Username and Password, and each time you access Online Banking thereafter, you:
ONLINE BANKING TERMS AND CONDITIONS
In this Agreement the following words will have the meanings given to each as set forth below:
Your enrollment in Online Banking may not be completed if your identity or other necessary information cannot be verified. Through your enrollment in Online Banking, you agree that we may request, and any Online Bill Pay Service Provider or Online Account Aggregation Service Provider may request, a review of your credit rating through an authorized credit bureau, at no cost to you. In addition, you agree that we have the right, and any Online Bill Pay Service Provider or Online Account Aggregation Provider has the right, to (i) update such information by requesting subsequent reviews of your credit rating through an authorized credit bureau, at no cost to you and (ii) obtain financial information regarding your account from a Biller or other persons for purposes related solely to Online Banking (e.g., to resolve payment posting problems or for verification).
Username and Password
In order for you to access and use Online Banking, you will select a Username and Password. You will gain access to your Subscriber Accounts through an Internet Browser using your Username and Password. Specific instructions on the use of Online Banking, including Online Bill Pay and Online Account Aggregation, are available online at www.rbcbankusa.com. Your initiation of a transaction through Online Banking will be considered the same as your written signature authorizing us to perform, and any third party providing services with respect to Online Banking to perform, our functions or their functions in relation to the transaction you have requested.
Until your Activation Code is received and entered by you into Online Banking, you will have view only access. Once the Activation Code has been entered, your Online Banking account status will be upgraded to allow you to transfer funds, pay bills, make credit card payments, change address information and view accounts from other financial institutions as provided in this Agreement.
Security for Online Banking and Liability for Unauthorized Transfers
Consumer and Commercial Accounts
The provisions under this heading apply to both consumers and non-consumers. Also, except for the provisions under the headings “Consumer Accounts” and “Commercial Accounts”, and any other provisions of this Agreement that specifically state that they are limited to either consumers or non-consumers, all of the terms and conditions of this Agreement apply to both consumers and non-consumers.
You agree to notify us immediately either in writing, or in person or by telephone during Customer Service Hours, if you believe any Usernames or Passwords have been learned by or otherwise obtained by an unauthorized person. A written notice should be sent to the mailing address stated under the section of this Agreement entitled “Errors and Questions”, and telephone calls should be made to 1-800-236-8872. You also agree to cooperate with us in the investigation and prosecution of any person who has obtained or used any Usernames or Passwords without your approval. If we believe that security has been breached, we may change Usernames and Passwords without prior notice to you, or block access to Online Banking until we are satisfied that security over access and use has been assured.
We have developed privacy and security requirements and procedures governing access to and use of Online Banking. Among other requirements and procedures, you agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using Online Banking. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. These and other privacy and security requirements and procedures are set forth on our website at www.rbcbankusa.com. When you agree to the terms and conditions of this Agreement as provided under the section entitled “Acceptance of Agreement”, you will be acknowledging that you have reviewed our privacy and security requirements and procedures, and you will be agreeing that such requirements and procedures are commercially reasonable and that you agree to be bound by such privacy and security procedures as the same now exist and may in the future exist. With respect to third party service providers, Weblinks and Weblink Relationships, you should refer to the sections of this Agreement entitled “Linking to Other Websites” and “Liability for Third Parties”.
The provisions under this heading apply only if you are a consumer as defined under the EFT (i.e., a natural person).
During enrollment, you will select a Username which you may change, and you will select a Password. We recommend that you change your Password periodically.
You are responsible for and fully liable for all Online Banking transactions, including Online Transfers, Online Bill Payments and Online Account Aggregation, you initiate and for all of those initiated by other persons you authorize to initiate transactions on your behalf.
Your liability for an unauthorized funds transfer or a series of related unauthorized transfers resulting from use of your Username and Password, or other unauthorized access to your Subscriber Accounts through Online Banking, will be determined as follows:
The provisions under this heading apply only if you are not a consumer as defined under the EFT (i.e. if you are a non-natural person).
During enrollment, you will select a single Username and a single Password. You agree to keep all of these confidential and you agree to establish and maintain procedures to safeguard the confidentiality of the Username and Password selected by you for use with Online Banking. Furthermore, you agree to (i) limit access to the Username and Password to only your employees who you specifically authorize to have access, (ii) ensure the secure use of the Username and Password by your employees authorized to have access, and (iii) change the Password periodically, as well as following the termination of employees to whom you have granted access to the Password. You must promptly provide us with any change in authorized personnel in writing and the changes shall not be effective until we have had a reasonable time to implement such changes. Changes in authorized personnel should be sent to us at the mailing address stated in the section of this Agreement entitled “Errors and Questions”.
The loss, theft or unauthorized use of your Username and Password could cause you to lose all of the money in your Subscriber Accounts, plus any amount available under any overdraft protection credit line tied to your Subscriber Accounts. You agree to assume all risks and losses associated with disclosure of your Username and Password to your employees, or the use of any of them by your employees; and you agree to assume all risks and losses associated with the disclosure of or other obtaining of such information by other persons, whether authorized or unauthorized, or the use of such information by other persons. Access to Online Banking will be permitted to any person providing a valid Username and Password. As a commercial account holder, you agree that we will not be liable, nor will any third party providing services with respect to Online Banking be liable, to you or any other person for providing access to a person not actually authorized to use Online Banking if such person used a valid Username and Password.
Your initial accessing of Online Banking shall be deemed your representation and warranty to us that you have the corporate or other appropriate organizational authority to engage in Online Banking under this Agreement and that such authority is and will remain in full force and effect for the entire period of time you have access to Online Banking. Third parties providing services with respect to Online Banking may rely upon this representation and warranty.
Online Transfer of Funds between Subscriber Accounts - Availability of Funds
Funds transfer will only be accessible once you have received and entered your Activation Code. Funds may be transferred from your Subscriber Accounts by accessing the Online Transfer option in Online Banking. The transfer of funds will immediately be reflected in the available balances of the Subscriber Accounts from which the funds were transferred. Except for mortgage accounts and circumstances beyond our reasonable control, funds transferred before 8:00 p.m. EST will be processed the same Business Day and available for withdrawal or further transfer the next Business Day after the date of processing; transfers after 8:00 p.m. EST will be processed the next following Business Day and will be available for withdrawal or further transfer the first Business Day after the date of processing. Funds transferred with respect to a credit card may not be processed until the second Business Day after the transfer and will be available for withdrawal or further transfer the first Business Day after the date of processing. If sufficient funds are not available in the Subscriber Account you selected, the transfer will not be processed. We shall have no liability if a transfer is not made because there are not sufficient funds in your Subscriber Account to process the request. Once a transfer has been processed successfully, it may not be canceled or changed.
If our policy on availability of funds is changed by extending the period before funds are available, we will provide notice of the change to you no later than thirty (30) days prior to the date of the scheduled change. Notice will be provided to you in the manner set forth below under the section “Alterations, Amendments and Terminations”.
Limitations on Online Transfers
Because banking regulations limit the number of transactions allowed per statement period on certain accounts, the following limitations apply to online transfers and online bill payments:
Limitations on Cross-Border Online Transfers
Cross-Border online transfers are subject to United States of America and Canadian treaties, laws and regulations, and these treaties, laws and regulations may limit from time to time the number of transfers, the amounts transferred and other aspects of any transfers:
Online Bill Pay
Optional Feature of Online Banking
Online Bill Pay is an optional feature of Online Banking and will only be accessible once you have enrolled and received and entered your Activation Code. Many of the functions we say we will perform under this Agreement relative to Online Bill Pay will be performed for us by, or in concert with Online Bill Payment Service Providers. As such, the authority you grant to us and the agreements you have with us in this Agreement relative to Online Bill Pay and other matters shall extend to these Online Bill Payment Service Providers.
Bill Payment Scheduling
The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. 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 one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.
The Online Bill Pay Guarantee
Due to circumstances beyond our control or that of any Online Bill Payment Service Provider, particularly delays in handling and posting payments by Billers or other persons, some transactions may take longer to be credited to your account. We will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under the section “Bill Payment Scheduling”.
Payment Authorization and Payment Remittance
By providing names and account information of Billers to whom you wish to direct payments, you authorize both us and any Online Bill Payment Service Provider to follow the Payment Instructions that are received through the payment system. In order to process payments more efficiently and effectively, you acknowledge that payment data or data formats may be edited or altered in accordance with Biller directives, and you consent to such editing or alteration.
When a Payment Instruction is received through Online Bill Pay, you authorize us or any Online Bill Payment Service Provider to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize us or any Online Bill Payment Service Provider to credit your Payment Account for payments returned by the United States Postal Service, a Biller or some other person, or payments remitted to you on behalf of another authorized user of Online Bill Pay.
Best efforts will be taken to make all your payments properly. However, we shall not incur, nor shall any Online Bill Payment Service Provider incur, any liability, and any Online Bill Pay Guarantee shall be void, if any payments initiated by you cannot be completed because of the existence of any one or more of the following circumstances:
Provided none of the foregoing exceptions are applicable, if, through Online Bill Pay and either the actions of any Online Bill Payment Service Provider or our actions, an incorrect amount of funds are removed from your Payment Account or funds from your Payment Account are directed to a Biller which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
The method in which funds will be remitted on your behalf to your Biller will be in our discretion or that of any Online Bill Payment Service Provider. The payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).
Payment Cancellation Requests
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within Online Banking relating to canceling or editing a payment. There is no charge for canceling or editing a Scheduled Payment. Once processing of a payment has begun in Online Bill Pay, it cannot be cancelled or edited, therefore a stop payment request must be submitted.
Stop Payment Requests
The ability to process a stop payment request in Online Bill Pay will depend on the payment method and whether a check has cleared. After a payment has been processed, an opportunity to act on a stop payment request may no longer exist. If you desire to stop any payment that has already been processed, you must contact Customer Service by telephone at 1-800-236-8872. Although every reasonable effort will be taken to accommodate your request, we will not have, nor will any Online Bill Payment Service Provider have any liability for failing to do so. You may be required to present your stop payment request in writing to us within fourteen (14) days after you notify Customer Service by telephone. The charge for each stop payment request is $32. We may change from time to time the amount we charge for each stop payment request and you will be notified of such changes prior to the time they take effect.
Prohibited payments include, but are not limited to, the following:
In addition, we and any Online Bill Payment Service Provider may refuse to process any transaction that we or the Online Bill Payment Service Provider may feel violates the law.
Tax payments and court ordered payments may be scheduled through Online Bill Pay. However, such payments are discouraged and if scheduled, you assume all risks associated with such payments. In no event shall we be liable or will any Online Bill Payment Service Provider be liable for any claims or damages resulting from your scheduling of these types of payments. The Online Bill Pay Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled or processed through Online Bill Pay. We have no obligation to research or resolve any claim resulting from an exception payment, nor does any Online Bill Payment Service Provider. All research and resolution for any misapplied, mis-posted or misdirected payments will be your sole and exclusive responsibility.
Bill Delivery and Presentment
Bill Delivery and Presentment will only be accessible once you have received and entered your Activation Code. The bill delivery and presentment feature of Online Bill Payment is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements electronically. In addition, if you elect to activate one of Online Bill Pay’s electronic bill presentment options, you agree to the additional provisions under this heading, as set forth below.
Failed or Returned Transactions
In using Online Bill Pay, you are requesting us or an Online Bill Payment Service Provider to make payments for you from your Payment Account. If we are unable to complete the transaction or the Online Bill Payment Service Provider is unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from us or the Online Bill Payment Service Provider. In such case, you agree that:
We reserve the right and any Online Bill Payment Service Provider reserves the right to refuse to pay any Biller to whom you may direct a payment. You will be notified promptly, but this notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
In using Online Bill Pay, you understand that Billers and the United States Postal Service may return payments for various reasons such as, but not limited to, a Biller’s forwarding address has expired, a Biller’s account number is not valid, a Biller is unable to locate an account or an account is paid in full. Best efforts will be taken to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from us regarding such a payment.
Online Account Aggregation
Optional Feature of Online Banking
There are two levels of service with Online Account Aggregation and both are optional. The basic level permits Account Aggregation of your accounts with Royal Bank of Canada. The premium level permits Account Aggregation of your accounts with a variety of financial institutions and other persons. You may select either one or both, but they each will only be accessible once you have enrolled in them and received and entered your Activation Code.
Many of the functions we say we will perform under this Agreement relative to Online Account Aggregation will be performed for us by, or in concert with Online Account Aggregation Service Providers. As such, the authority you grant to us and the agreements you have with us in this Agreement relative to Online Account Aggregation and other matters shall extend to these Online Account Aggregation Service Providers. The Online Account Aggregation Service Providers we use or with whom we work in concert will act as your agent in connection with all Online Account Aggregation, not our agent.
Designation of Accounts
We will designate or the Online Account Aggregation Service Providers will designate the types of accounts and the Account Providers that can be included by you in Online Account Aggregation, and we may or the Online Account Aggregation Service Providers may from time to time remove an account or Account Provider from, or add an account or Account Provider to, this designation in our or their sole and absolute discretion by updating such designation. The accounts and Account Providers that will be available through Online Account Aggregation will depend on whether you are using the basic level or the premium level and, subject to the previous sentence, you will choose the accounts that you would like to be included in Online Account Aggregation.
Authorization to Access Accounts
By enrolling in Online Account Aggregation and designating accounts, you authorize and direct us, and each of the Online Account Aggregation Service Providers, to do and perform, on your behalf, any and all acts and things necessary to provide Online Account Aggregation to you, to access any online services with or used by you or your Account Providers, and to retrieve, consolidate, organize and present information relative to your accounts to you, including, without limitation, visiting the website of any online services with or used by you or your Account Providers, providing your login information or other information required to log into such online services, and retrieving and downloading information relative to your accounts. Also, by enrolling in Online Account Aggregation and designating accounts, (i) you are representing and warranting to us and each Online Account Aggregation Service Provider that you are the legal owner of each account designated by you and you have the right to give this authorization and direction and (ii) you are agreeing that we, and each Online Account Aggregation Service Provider, may rely and act upon this authorization until you terminate your subscription to Online Account Aggregation in the manner provided below and we and they have had a reasonable time to act upon such termination.
Accounts and Account Providers
You understand and agree that with respect to your accounts, information relative to your accounts and your Account Providers:
Additional Terms and Conditions of Online Account Aggregation
Terms and conditions relating to Online Account Aggregation which are in addition to those set forth in this Online Banking Service Agreement will be available for you to review through your Internet Browser at the time you enroll in Online Account Aggregation. Those terms and conditions will remain accessible to you through your Internet Browser for as long as you continue to subscribe to Online Account Aggregation. The additional terms and conditions include policies and procedures applicable to your personal information relative to Online Account Aggregation. At the time you enroll in Online Account Aggregation, you will be required to tell us how you want us to use your personal information.
Account Aggregation Offered by Others
There are other persons who currently offer Account Aggregation. If you elect to use the services offered by those persons rather than use Online Account Aggregation, please be aware that those other services may not follow the policies and procedures to which we adhere and to which we require our Online Account Aggregation Service Provider to adhere. Your personal information may not be secure when you use the Account Aggregation services of those other persons.
If you provide information about your Subscriber Accounts or other accounts with us or any of our affiliates to other persons who offer Account Aggregation, we will consider that you have authorized all transactions initiated by such persons and we shall not have any liability or responsibility to you relative to such transactions.
Online Banking Fees and Additional Charges
There are no monthly fees for accessing your Subscriber Accounts through Online Banking or using Online Bill Pay. Fees for Online Banking and its related features such as Online Bill Pay may be changed from time to time by us and you will be notified of such changes prior to the time they take effect.
There may be charges for services available in Online Banking, such as stop payment requests. You agree to pay all applicable charges, and you authorize the deduction from your Billing Account of all charges that may be incurred by you. Charges will be automatically deducted on the Business Day immediately following the date the charges were incurred. Any fees otherwise associated with your Subscriber Accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone or Internet service provider.
Disclosure of Account Information to Other Persons
It is our general policy to treat your account information as confidential and to abide by applicable state and federal privacy laws, including the Gramm-Leach-Bliley Act, as amended from time to time. However, we will disclose information to other persons about your account or the transactions you make only in the following situations:
Linking to Other Websites
Links to third party websites are provided with Online Banking. Such sites are not within our control and they may not follow the same privacy, security or accessibility standards we follow; provided, however, we do have contractual agreements with Online Bill Payment Service Providers and Online Account Aggregation Service Providers in which they agree to our privacy, security and accessibility standards and agree to adhere to them. Except as otherwise specifically provided in this Agreement with respect to Online Bill Pay and Online Account Aggregation, we are not responsible for any third party websites, including the products or services offered thereon, or the practices, content or availability of the third party websites. You should read the privacy and security policies applicable to third party websites before providing information on those sites. With respect to Online Bill Pay and Online Account Aggregation, our responsibility is limited to only those circumstances in which we specifically say in this Agreement that we will have responsibility, and in those circumstances our responsibility will be limited as provided in this Agreement.
Liability for Third Parties
Except as otherwise specifically provided in this Agreement with respect to Online Bill Pay and Online Account Aggregation, we assume no responsibility for the accuracy or timeliness of data supplied to us by, or for any error or delay on the part of, you or any other person, including third party service providers, agents or others used by you or by us in connection with Online Banking. With respect to Online Bill Pay and Online Account Aggregation, our responsibility is limited to only those circumstances in which we specifically say in this Agreement that we will have responsibility, and in those circumstances our responsibility will be limited as provided in this Agreement.
Interruption of Online Banking Service
There will be certain periods of time that Online Banking will not be available for use, either due to scheduled downtime for maintenance of the system or due to unexpected system problems. We will attempt and each third party service provider will attempt to schedule any downtime for maintenance during those periods when the system is least utilized, however, this cannot be guaranteed. We will also attempt, as well as each third party service provider, to rectify any system interruptions due to unexpected problems as quickly as possible. If you have immediate banking concerns, but are unable to access the system due to an interruption of service, you should contact us by telephoning 1-800-236-8872 during Customer Support Hours, or by other means.
Harm to Computer Systems/Data
You agree that our liability and the liability of any third party providing services with respect to Online Banking for viruses, worms, trojan horses or other similar harmful components that may enter your computer system by downloading information, software or other materials from or through our website shall be limited as provided below under the section entitled “Limitation of Liability”. We will not be responsible, nor will any third party providing services with respect to Online Banking be responsible or liable for any indirect, incidental, consequential or punitive damages which may result from such harmful components, nor will we or they be liable for any attorneys’ fees unless otherwise specifically provided to the contrary in this Agreement.
Periodic Account Statements and other Documentation
You will get a monthly account statement for each of your active Subscriber Accounts. The monthly account statement you receive for each active Subscriber Account will contain a description of your Online Banking transactions for that Subscriber Account, including whom you paid, the date and the amount of each Online Banking transaction.
If you have arranged to have direct deposits made to your Subscriber Accounts at least once every 60 days from the same person, you can call us at 1-800-236-8872 to find out whether or not the deposit has been made.
If you have told us in advance to make regular payments out of your account and the amount of those payments may vary, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
You will be able to retrieve and view digital images of paper-based items drawn against each of your active Subscriber Accounts. The paper-based items you will be able to retrieve and view will be those that post against your active Subscriber Accounts after May 1, 2006. The items generally will be retrievable and viewable for 90 days following the date they first post to your active Subscriber Accounts, although this period may vary depending on the type of Subscriber Account. In addition to retrieving and viewing digital images of paper-based items drawn against your active Subscriber Accounts, you will be able to print copies of these items to your local printer and you will be able to initiate electronic inquiries to us relative to these items. We will not charge you a fee for retrieving and viewing digital images of paper-based items drawn against your active Subscriber Accounts.
Errors and Questions
In case of errors or questions about your transactions, as soon as you can, you should notify us via any one of the following:
If you think your periodic banking statement or other statement is incorrect or you need more information about a transaction listed on the statement, you must notify us no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears.
Your notice to us regarding errors or questions should include each of the following:
If you tell us verbally, we may require that you send your questions in writing within ten (10) Business Days after your verbal notification.
Subject to any extended time periods allowed us under the EFT for certain accounts, we will follow the procedures below in responding to your questions, and any other procedures required by the EFT.
In the event of a dispute regarding Online Banking, the dispute will be resolved by looking to this Agreement, as supplemented by any agreements relating to any special features of Online Banking and any agreements referenced in this Agreement as being applicable hereto (e.g. Electronic Disclosure Agreement). You agree that this Agreement, as supplemented, supersedes any proposal or prior agreement, oral or written, and any other communications with you relating to Online Banking. If there is a conflict between what our employees say or any third party service provider says and this Agreement, the terms of this Agreement, as supplemented, will prevail.
Arbitration of Disputes
All irresolvable disputes or claims concerning Online Banking (excluding termination of Online Banking by us as provided in this Agreement, or your breach of your obligations regarding proprietary and confidential information belonging to us or any third party providing services relative to Online Banking), will be decided by binding arbitration under the expedited procedures of the Commercial Financial Disputes Arbitration Rules of the American Arbitration Association (“AAA”) and Title 9 of the U.S. Code. Arbitration hearings will be held in Rocky Mount, North Carolina or such other location as mutually agreed upon. A single arbitrator will be appointed by the AAA and will be a retired judge or attorney with experience or knowledge in banking transactions. The arbitrator will award the filing and arbitrator fees to the prevailing party. A judgment on the award of the arbitrator may be entered by a court. All disputes or claims regarding Online Banking and any other matter which is the subject of this Agreement shall be brought within one year from the date of the accrual of the cause of action. You agree that we shall be entitled to temporary or permanent injunctive relief from any court of competent jurisdiction to enforce the provisions of and to restrain or prevent any breach, default or further violation by you under this Agreement, without being required to post any bond or other security whatsoever. In the event of arbitration or litigation regarding the term, performance or subject matter of this Agreement, the substantially prevailing party shall be entitled to recover its reasonable attorneys’ fees.
Limitation on Liability
To the fullest extent permitted by applicable law, you agree that we shall not have, nor shall any third party providing services with respect to Online Banking have any liability whatsoever for any loss, damage or claim arising out of any delay or failure in the performance of Online Banking, or any part or parts of Online Banking, substantially in accordance with the terms of this Agreement. We shall not be responsible, nor shall any third party providing services with respect to Online Banking be responsible under any circumstances to you or to any other person for delays or failures in performance caused by events beyond our reasonable control or the reasonable control of any such third party service provider, including, but not limited to, delays or failures resulting directly or indirectly from labor slowdowns, stoppages, walkouts or strikes, boycotts, riots, protests or other civil disobedience, war (declared or undeclared), terrorism or threats of terrorism, quarantines, nuclear, chemical, biological or other types of contamination, national, regional or local emergencies, Acts of God, natural disasters, fire, outages of computers or equipment, failures of transportation, telecommunications, power, or computer hardware or software or governmental or quasi-governmental actions. In addition, we shall not be liable, nor shall any third party providing services with respect to Online Banking be liable for any failure or delay in executing any transaction or other service under this Agreement if such execution, in our opinion, would result in the violation of any applicable local, state or federal law, rule, regulation, ordinance, order, advisory opinion or guideline, or would result in the violation of any court or administrative order. To the fullest extent permitted by applicable law, you agree that we shall not have any liability, nor shall any third party providing services with respect to Online Banking have any liability whatsoever for any loss caused by the act, error or omission of you or any other person, including, without limitation, your computer system or Internet service provider, and that we shall not have any liability, nor shall any third party providing services with respect to Online Banking have any liability for the acts or inactions of the other, unless otherwise specifically so provided in this Agreement. You agree that in no event shall we be liable for, nor shall any third party providing services with respect to Online Banking be liable for lost profits or any indirect, special, consequential or punitive damages in connection with Online Banking or any other matter contemplated by this Agreement, including the use, misuse, or inability to use Online Banking or the loss of any data, even if we or such third party service provider were advised of the possibility of such damages. Except as otherwise specifically provided in this Agreement and to the extent permitted by applicable law, (i) your sole remedy for any failure or non-performance of Online Banking or any other matter within the contemplation of this Agreement shall be for us or any such third party service provider, as applicable, to use commercially reasonable efforts to effectuate an adjustment or repair to Online Banking, and (ii) our total liability to you and the total liability of each third party providing services with respect to Online Banking to you, regardless of the claim, in the aggregate, shall be limited to the total amount of monthly fees paid by you for the specific service that was the basis of your claim or, if no fees have been paid by you for the specific service that was the basis of your claim, the amount of $50.
ONLINE BANKING, AND EACH AND ALL PARTS OF ONLINE BANKING AND SERVICES RELATED THERETO, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. WE DO NOT MAKE, NOR DOES ANY THIRD PARTY PROVIDING SERVICES WITH RESPECT TO ONLINE BANKING, OR ANY PART OR PARTS OF ONLINE BANKING, MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON REGARDING ONLINE BANKING, OR ANY SERVICES OR SOFTWARE RELATED TO ONLINE BANKING, OR YOUR INTERNET BROWSER OR OTHER EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY AND EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
Except as specifically provided to the contrary in this Agreement and to the extent permitted by applicable law, you agree to defend, indemnify and hold us harmless, as well as all third parties providing services with respect to Online Banking, from and against any and all claims or threatened claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of Online Banking, or any act, error, or omission by you or any other person using your Username or Password. In addition, to the extent permitted by applicable law, you agree to release us and all third parties providing services with respect to Online Banking, from any and all claims, liabilities, costs and expenses, including attorneys’ fees, incurred by you in connection with Online Banking.
Ownership of Materials
The content and information on our website is copyrighted by us, or our affiliates or licensors, and the unauthorized reproduction or distribution of any portions is prohibited. You agree to not take any action that jeopardizes our proprietary rights, or those of our affiliates or licensors, and you agree that under no circumstances will you acquire any rights in Online Banking.
We respect the privacy of your children and we comply with the practices established under the Children’s Online Privacy Protection Act, as amended from time to time. We do not knowingly collect or retain personally identifiable information from people under the age of thirteen.
Illegal Use of Online Banking
You agree not to use Online Banking for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening or obscene, or that infringes the rights of others.
Online Banking operates through a private computing system, which is restricted to authorized individuals. Actual or attempted unauthorized use of the computer system will result in either or both criminal and civil prosecution. We reserve the right to view, monitor and record activity on the system without notice or permission. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the system. If you are not an authorized user of this system or do not consent to continued monitoring, exit the system at this time.
Alterations, Amendments and Terminations
Alterations and Amendments
This Agreement, applicable fees and applicable service charges may be altered or amended by us from time to time. In the event of any material changes, we will provide notice to you as provided below. Any use of Online Banking after we provide you a notice of change will constitute your agreement to such change. Further, we may or our third party service providers may, from time to time, revise or update the applications, services or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services and related material and limit access to only Online Banking’s more recent revisions and updates.
Suspension or Termination
You may terminate this Agreement and Online Banking, or a particular service provided through Online Banking (e.g., Online Bill Pay), at any time by giving written notice to us, but we will be given a reasonable time to act upon the termination after receiving notice of the termination from you. We may suspend for any reason your use of Online Banking, or a particular service provided through Online Banking, at any time without prior notice to you; and we may terminate this Agreement and Online Banking, or a particular service provided through Online Banking, for any reason at any time by giving written notice to you. Also, and without limiting our right of termination as set forth in the preceding sentence, we will, unless we elect otherwise in our discretion, terminate this Agreement or a particular service provided through Online Banking if there has been no activity in Online Banking or a particular service for a period of six (6) consecutive months.
In the event you wish to terminate this Agreement and Online Banking, you may contact Customer Service via one of the following:
Any transactions that have already been processed before Online Banking is terminated will be completed. Recurring transactions will not be processed once Online Banking is terminated. Neither termination nor suspension shall affect your liability or obligations under this Agreement; and all of the provisions of this Agreement which by their nature are intended to survive termination shall survive (e.g., provisions under sections “Limitation on Liability”, “Indemnification”, “Ownership of Material”).
With respect to any material alterations, amendments or terminations, we will mail or electronically deliver a written notice to you; and if the change would result in any of the matters listed below occurring, we will notify you of the change at least twenty-one (21) days before the effective date of the change:
We may not give prior notice if an immediate change in terms or conditions is necessary to maintain or restore the security of an account or an electronic fund transfer system. If we make such a change permanent and disclosure would not jeopardize the security of the account or system, we will notify you in writing on or with the next regularly scheduled periodic statement, if any, or electronically within thirty (30) days of making the change permanent.
Unless we notify you to the contrary, all notices of alterations, amendments or terminations with respect to this Agreement or Online Banking sent to you electronically will be by posting them on our website at www.rbcbankusa.com. Notices will remain available on our website for a period of at least ninety (90) days from the date they first become available or from the date of the notice alerting you of the alterations, amendments or terminations, whichever comes later. After that, the information will be available upon request by contacting us by telephone at 1-800-236-8872. When the information is available on our website, we will send you a message at the e-mail address provided by you.
As a part of Online Banking and to the extent permitted by applicable law and your agreement with us under the Electronic Disclosure Agreement, you agree to receive all legally required notifications via electronic means.
Address or Banking Changes
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and e-mail addresses. Changes can be made either within the application or by contacting Customer Service by telephone at 1-800-236-8872. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application’s Online Help. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. We are not responsible, nor is any third party service provider responsible, for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
You may not assign this Agreement to any other person. We may assign this Agreement to any affiliated person or other person. We may also assign or delegate certain of our rights and responsibilities under this Agreement to third party service providers, and such third party service providers may do the same. We do not have to provide notice to you of an assignment of this Agreement or an assignment or delegation of any of our rights or responsibilities under this Agreement, nor do any third party service providers. Subject to the foregoing, the terms and conditions of this Agreement will be binding upon and inure to your benefit and our benefit as well as the benefit of your permitted successors and assigns and our successors and assigns.
We shall not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by one of our authorized officers. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Captions and Use of Terms
The captions of sections and headings in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Words in the masculine gender mean and include correlative words of the feminine and neutral genders and words importing the singular numbered meaning include the plural number, and vice versa; and, as the context requires, the word “and” may have a joint meaning or a several meanings and the word “or” may have an inclusive meaning or an exclusive.
The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, and such invalid or unenforceable provision shall be deemed to be severable.
This Agreement supplements the RBC Bank Service Agreement that governs your Subscriber Accounts. The RBC Bank Service Agreement was provided to you at the time you opened your Subscriber Accounts. The two agreements, and any agreements referred to in them or supplementing them, taken together, are our agreement with you relative to Online Banking. If a conflict exists between any of the agreements, to the extent of a conflict, the terms and conditions contained in this Agreement shall prevail with respect to Online Banking.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
Equal Credit Opportunity Act Notice
The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. If you believe you have been discriminated against, you should send your complaint to:
Fair Lending Notice
We do business in accordance with the federal Fair Housing Act. Under the Fair Housing Act, IT IS ILLEGAL TO DISCRIMINATE AGAINST any person because of race, color, religion, sex, handicap, familial status, (having one or more children), or national origin:
If you feel you have been discriminated against you should send a complaint to:
Anti-Money Laundering and Anti-Terrorism
To help the U.S. government fight terrorism and money laundering, federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means for you: when you open an account, we will request certain information from you, such as name, street address, taxpayer identification number, date of birth, driver’s license and other information and documentation that will allow us to identify you and any authorized users of the account. A corporation, partnership, trust, non-U.S. financial institution or other legal entity may need to provide other information to verify the identity of the legal entity or its principals, such as principal place of business, local office, employer identification number, certified articles of incorporation, partnership agreement, trust agreement, government-issued business license, USA PATRIOT Act foreign bank certification or other information. If you or one of your authorized users provides documentation that is not in English, we may require a legalized translation of such documentation. Based upon our review of the information provided and our internal risk management procedures and any other risk-based analyses, we may ask for additional information from you.
The U.S. Department of Treasury and federal and state banking regulations and rules already require you to provide this information.
If you do not provide the information requested or your identity or that of any authorized users cannot be verified by us, then we may not be able to open the account or carry out transactions or services for you. If you have already opened the account, we may have to close it.
Pursuant to U.S. regulations we are prohibited from opening or maintaining a correspondent account for, or on behalf of institutions with imposition of special measures. Your accounts with us may not be used to provide access to such named institutions. If we become aware that such named institutions are indirectly using your accounts you hold with us, we will be required to take appropriate steps to prevent such access, including terminating your accounts.
We are prohibited from establishing, maintaining, administering or managing a “correspondent account” in the United States for a foreign shell bank, or for a foreign bank that indirectly provides banking services to a foreign shell bank. We are also required to maintain records identifying the owners of foreign banks that conduct accounts in the United States and the name and address of an agent residing in the United States authorized to accept service of legal process for such banks.
We may, in our sole discretion, disclose any information given to us by you or any of your authorized users that we believe necessary or desirable to disclose in connection with our obligations under applicable laws, including those pertaining to money laundering or terrorism. We also monitor your accounts and activities related to your accounts, and we report information we gather from these monitoring activities as and when we are required to do so under applicable laws or as and when we deem otherwise appropriate in our opinion to conform to or satisfy our obligations under applicable laws.
If, with respect to this Agreement or your accounts, you or any other person violates or we believe you or any other person has violated or will violate any applicable laws relating to money laundering or terrorism, including the Bank Secrecy Act, USA PATRIOT Act and their respective implementing regulations and rules and all other applicable laws, we may retain or block any funds transmitted to us pursuant to this Agreement or with respect to your accounts and we may elect to not fulfill any instructions given by you or any other person pursuant to this Agreement or with respect to your accounts or otherwise if we are or may be required to take or refrain from such action by any court or other legal, regulatory or governmental authority or if we reasonably believe that such action is prudent under the circumstances. We will not owe you interest on any retained or blocked funds unless required by law. We may pay such funds to the appropriate legal, regulatory or governmental authority if and when required by applicable laws.
Notices Regarding Online Banking
*RBC Bank, licensee of trademark.