HandyNet® e-Banking Terms and Conditions
This Agreement governs your use of the HandyNet® e-Banking Services
("HandyNet") offered by Hancock Bank, Hancock Bank of Louisiana, and
Hancock Bank of Alabama (collectively or individually referred to as "Hancock
Bank"). When you use or authorize others to use e-Banking, you agree to
the terms and conditions of this Agreement.
Your use of e-Banking is subject to: (i) the terms and conditions contained in this Agreement, including those specific addenda for Services in which you enroll, such as e-Pay, A2A External Funds Transfer and e-Statements; (ii) the e-Banking Consent To Receive Electronic Communications; (iii) the e-Banking web pages; and (iv) relevant provisions of federal and state law. Your use of e-Banking is also subject to those agreements and disclosures related to any Accounts ("Related Agreements"). Such Related Agreements include, but are not limited to: (i) our Deposit Agreement; (ii) Deposit Account Information Truth In Savings; (iii) Courtesy Coverage Policy; (iv) IRA Account Agreements; (v) VISA Checkcard; (vi) Handyline; and (vii) any other loan agreements, as they may be amended from time to time. For example, when you use the Services to transfer funds from your Hancock Bank checking account to your Hancock Bank savings account you do so under the terms and conditions of this Agreement. But, such a transfer is also subject to the terms and conditions of the Deposit Agreement and perhaps under the Courtesy Coverage Policy, to the extent that your checking account did not contain sufficient available funds for the transfer. In using the Services, if a conflict or inconsistency arises between the terms and conditions of this Agreement, any e-Banking web page, or any Related Agreement, the terms and conditions of this Agreement shall control to the extent of such conflict or inconsistency.
We may amend this Agreement at any time. For example, we may add, delete or amend terms or services. Any such change will be effective as of the date we establish, subject to applicable law. We will notify you of any such changes electronically or by mail. For any change that would (i) increase the fees we charge, (ii) increase your liability, (iii) limits the types of payments or transfers or the dollar amounts or frequency of such payments or transfers, we will provide you such notice at least thirty (30) days in advance of the effective date of such changes. Your use of e-Banking or otherwise maintaining and not canceling your Services following the effective date of any changes indicates your agreement with such changes.
This Agreement, as
supplemented by the Related Agreements, is the entire agreement between you
and us and it supersedes any other statements, writings, and electronic records
relating to e-Banking .
e-Banking Services
Using e-Banking, you may perform those banking functions on your Account(s) and engage in those banking transactions in your Account(s) as described below and on the e-Banking web pages. These e-Banking services, including those requiring separate enrollment or registration such as e-Pay, A2A External Funds Transfer and e-Statements, are referred to herein as the "e-Banking Services" or simply as the "Services" or individually as a "Service." An "Account" or "Accounts" can include your individual or joint deposit accounts that you maintain with us such as checking, savings, money market and other time deposit accounts such as certificates of deposit or IRA accounts and your loan accounts.
Account Informatione-Banking uses information in our databases such as available balances that may not necessarily reflect all current transactions. Without limiting the generality of the foregoing, for example, the available balance in your checking account will not reflect the amount of a check drawn on such account that has not yet posted to your account or a check card debit that has not yet posted to your account. Also, depending upon the type or nature of a pending transaction, it may not post to your Account or post to your Account in the amount shown in the Pending Transaction Report.
We will not be
liable to you for any damages whatsoever arising in connection with the accuracy
or completeness of the information supplied to you the Services regarding your
Accounts.
Limitations and Dollar Amounts For Transfers. Transfers and payments can be made for any amount starting at $1.00 and up to the balance of available funds in your account. You authorize us to withdraw or debit the necessary funds from your eligible account on the date you schedule for the payment to be initiated or submit a transfer request. You agree that you will only instruct us to make a withdrawal only when a sufficient balance is or will be available in your accounts at the time of the withdrawal. If you do not have a sufficient balance, including available credit under any overdraft protection plan, we may refuse to complete the transaction. In either case, we reserve the right to impose a non-sufficient funds, over the limit or similar fee, and no further attempt will be made by the bank to issue the payment or process the transfer request. If your payment exceeds the balance of available funds in your account it will not be processed. Hancock Bank is under no obligation to notify you if it does not complete a payment or transfer because there are non-sufficient funds in your account to process the transaction. In all cases you are responsible for the making alternate payment arrangements or rescheduling the payment through the service. Transfers and payments through e-Pay and A2A external funds transfer are subject to further limitations as noted in their respective service addendum.
Limitations Relating To Transfers From Free Business Checking Accounts. You can only transfer funds from a Free Business Checking Account enrolled in e-Banking if you are either the owner of the account or the primary signatory. "Primary signatory" refers to that individual whose social security number also serves as the businesses' tax identification number.
Canceling Online Transfers. You cannot cancel your payment or transfer after it has been entered and e-Banking provides you with a confirmation. However, you can use e-Banking to reverse a transaction after it has been entered. Regarding a payment generated by e-Pay or a transfer generated by A2A please refer to the applicable provisions regarding your right to change or cancel a payment or transfer as set forth in the addendum governing such payment or transfer.
Stop Payment. You may use e-Banking to stop payment on a check drawn on an Account in an amount not exceeding $999.99. However, you cannot request a stop payment for a transfer payment initiated and confirmed through any of the e-Banking Services. Please refer to the e-Banking Stop Payment web pages for any additional information regarding a stop payment request and any additional limitations regarding such requests.
Confirmation. Upon submitting a transfer request you will be provided a transaction confirmation number. Absent a confirmation number you must consider that the transfer request was not properly submitted and you must resubmit it in order for e-Banking to process the request.
A2A External Funds Transfer. You may also separately enroll in A2A External Funds Transfer services in order to transfer funds between eligible accounts that you maintain with Hancock Bank and those you maintain with one or more other U.S. financial institutions.
Other Banking Functions. You may use e-Banking to perform self-service maintenance such as changing your UserID and Password or send us secure online mail messages and questions regarding e-Banking.
Some of these services may not be available for certain Accounts or customers.
Monthly Service and Other Charges
You may access your Accounts through e-Banking without incurring a monthly fee or service charge, except as expressly provided herein or in service agreements for other Services in which you enroll such as e-Pay and A2A External Funds Transfer services. However, you will incur fees and charges to use certain of the Services or fees and charges arising out of your use of such Services as provided in the Related Agreements. Such fees and charges may include, but are not limited to, fees and charges to process your stop payment requests or fees and charges incurred for a payment or transfer from an Account such as, but not limited to, an excess transaction fee or non-sufficient funds fee. The amount of such fees are disclosed in Hancock's current Truth In Savings, Deposit Account Information, Disclosure of Account Terms, which you either received upon establishing your Account with us or as we thereafter supplemented.
Business Days
Our business days are Monday through Friday, excluding bank holidays.
Services Hours
e-Banking is available 365 days a year and 24 hours a day except during system maintenance and upgrades. Should you need personal assistance, our Customer Service Representatives are available from 7 a.m. to 7 p.m., Monday through Friday, excluding bank holidays, and 9 a.m. through 2 p.m. on Saturday.
In Case Of Errors or Unauthorized Payments or Transfers
If you believe that an unauthorized transaction has been or may be made from one of your eligible accounts,
| Telephone us: |
1-800-448-8812
(Mississippi) or |
| Write us: | Hancock Bank
Attn: Telebanking Center Post Office Box 4019 Gulfport, MS 39502, or |
| E-mail us: | service@hancockbank.com |
Also, contact us as soon as you can, if you think:
Our Customer Service Representatives are available from 7 a.m. to 7 p.m., Monday through Friday, excluding bank holidays, and 9 a.m. through 2 p.m. on Saturday. We must hear from you no later than 60 days after we have sent the first statement on which the problem or error appeared. When you contact us, please provide the following information:
If you tell us verbally, we may require you to send us your complaint or question in writing or via e-mail 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 provisionally 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 provisionally credit your account.
For errors involving new accounts we may take up to 90 days to investigate your complaint or question and 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.
Your Liability For Unauthorized Transfers
Tell us AT ONCE if you believe that your User Id and/or Password has or have been comprised. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days, you can lose no more than $50 if someone used your User Id and Password without your permission. If you do NOT tell us within 2 business days after you learn that your User Id and Password have been compromised and we can prove we could have stopped someone from accessing your User Id and Password without your permission if you had told us, you could lose as much as $500.
Also, if your statement
shows payments or transfers that you did not make, 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 if you had 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.
Our Liability For Failure To Complete Transactions
If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
Other Limitations To Our Liability
Authorized Payments or Transfers. We are not liable for your authorized payment or transfers. When you give someone your User Id and Password (or designating someone as a Sub-User), you are authorizing that person to use your e-Banking Services and you are responsible for all transactions the person performs using such Services. Similarly, if your Sub-User gives someone his or her User Id and Password, the Sub-User is authorizing All transactions that such a person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then transactions that person performs after the time you notify us are considered unauthorized. Transactions from which you benefit are also authorized transactions. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
Access To e-Banking Services. You hereby acknowledge that the Internet is an insecure, unstable, unregulated, unorganized and unreliable environment. You further acknowledge that Hancock Bank's ability to provide access to e-Banking using the Internet is dependent upon the Internet and equipment, software, systems, data and services provided by various telecommunications carriers, equipment manufacturers, firewall providers, encryption systems developers and other venders and third parties. Therefore, Hancock Bank does not warrant access to the Services and/or that the Services delivered over the Internet will operate without interruption or delay and/or be error free, or that all failures of the Services delivered over the Internet can or will be corrected.
General Limitation of Liability. To the extent permitted by applicable law or regulation, we hereby disclaim all warranties, express or implied, including warranties or merchantability and fitness for a particular purpose regarding the e-Banking Services. Furthermore, in no event shall we be liable for any special indirect, incidental, or consequential damages whatsoever resulting from the loss or use of data, whether or not advised of the possibility of such loss or damage.
Cancellation
Your access to the e-Banking Services will remain in effect until it is terminated
or cancelled by you or by us.
You may cancel your service at any time by notifying us of your intent to cancel by telephone, in writing or by e-mail as explained in that section of this Agreement titled "Notices." You may cancel one or more of those Services in which you separately enroll such as e-Pay, A2A External Transfer Services and e-Statements without canceling your access to e-Banking and use of the other e-Banking Services. Cancellation or termination of e-Banking in general works to cancel all of such services including those services in which you separately enroll. If you notify us verbally, you may be asked to send written notification. We will give effect to any notice of cancellation from you as soon as we have had a reasonable amount of time to act on it.
We may terminate or suspend your access to e-Banking for any reason, including inactivity, at any time.
Regarding inactivity, we will disable your Logon ID if you have not successfully logged onto e-Banking for a continuous period of ninety (90) days. Once disabled you must reactivate your e-Banking access by contacting us as provided in the "Notices" section below. If you have not reactivated your e-Banking access within thirty (30) days after we disabled your Logon ID, certain services in which you separately enrolled, such as e-Pay and A2A External Transfer Services will be suspended and any recurring or non-recurring scheduled payments, pending payments or payments in progress will be terminated as a result. Thereafter, you would need to reactivate e-Banking and any additional services such as e-Pay and A2A External Transfer Services (including re-scheduling any recurring or non-recurring payments) to engage in e-Banking using your Accounts.
Please note that your inactivity will not terminate or suspend your e-Statements Service or lessen your obligation to inspect your account statements as required under the Deposit Agreement and the e-Statements Terms of Use Agreement. You agree that inactivity not accompanied by your actual notice to cancel e-Statement Services will not amount to your request to terminate your e-Statements service nor your withdrawal of your consent to receive electronic delivery of required disclosures and other notices.
Although we will attempt to notify you of such actions in advance, we are not obligated to do so.
Cancellation, termination, nor suspension will not stop any transfer, payment or stop payment requests that you previously submitted and we confirmed. Furthermore, upon cancellation, termination or suspension of your e-Pay services all Scheduled Payments (recurring and non-recurring), Pending Payments and payments in process will be stopped.
You are responsible
for all fees and charges for or arising out of the use of e-Banking and your
obligations under this Agreement survive its termination or cancellation. Furthermore,
if you cancel after the beginning of a particular month and later cancel your
enrollment or subscription to one of the Services imposing a monthly fee or
charge, you will not be entitled to the reimbursement of all or a prorated fee
or charge.
General Provisions
Credit Information. You acknowledge and agree that we or a third party acting as our agent may obtain and use information from consumer credit reporting agencies in connection with any Accounts, products, and services offered by us to investigate or reinvestigate any information provided by you. We may also verify your employment, salary, assets, debts, and references.
No Signature Required. When any transfer, payment, or other Service generates items to be charged to an Account, you agree that we may debit the applicable Account without requiring your signature on the item or without prior notice to you.
Notices. You may provide notice to us of any matter related to or arising out of this Agreement, as follows:
| Telephone us: |
1-800-448-8812
(Mississippi) or |
| Write us: | Hancock Bank
Attn: Telebanking Center Post Office Box 4019 Gulfport, MS 39502, or |
| E-mail us: | service@hancockbank.com |
When communicating with the Bank, please tell us your name, Account number and Social Security Number. NOTE: If communicating via e-mail, please provide your name and only the last four digits of your checking account and the last four digits of your social security number. All communications through the Internet are considered unsecure and in the "open" unless otherwise indicated.
Severability. If any term or provision of this Agreement found to be unenforceable, it will not make any other term or provision unenforceable. If there is any conflict between any term of this Agreement and applicable law, this Agreement will be considered changed to the extent necessary to comply with such law.
Waiver. You agree that our delay or failure to require your strict performance of any provision of this Agreement will not be considered our waiver of any of the terms of this Agreement or our rights to your strict performance of the same or like provisions, or any other provisions hereof. Any waiver of rights by us must be in writing and signed by out duly authorized representative.
Assignment. You may not assign your rights and obligation under this Agreement to any other person. We may assign the rights and delegate the duties under this Agreement to any entity directly or indirectly affiliated with us now or in the future or to any third parties.
Captions. The captions of sections herein or for other headings are for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions for this Agreement.
Governing Law and Venue. Hancock Bank, a banking corporation chartered under the laws of the State of Mississippi, offers these Services to its own customers and to those customers of Hancock Bank of Louisiana, and Hancock Bank of Alabama. Accordingly, you agree that the terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the state of Mississippi, without regard to Mississippi's conflict of law provisions. You further agree that regardless of where you live or work or where you access the e-Banking Services, all disputes arising out of or relating to your use of these Services under the terms of this Agreement shall be resolved in a court of competent jurisdiction in the First Judicial District of Harrison County, Mississippi and you hereby consent to the exclusive jurisdiction and venue of such courts. Each of your eligible accounts will continue to be read and interpreted according to the laws described in the agreements you have with us governing those eligible accounts.
Consent to Electronic Delivery of Notices and Disclosures
Hancock Bank's e-Banking Services ("HandyNet") is available only if
you accept electronic delivery of (1) disclosures required by law, such as those
required under the Electronic Fund Transfer Act, and (2) notices about e-Banking
, such as a change of e-Banking terms and conditions, fees or Services. If you
do not accept electronic delivery, you may not become or thereafter continue
as a e-Banking customer.
Electronic delivery means that notices and disclosures may either be:
You cannot accept electronic delivery of disclosures and notices from us and cannot be a e-Banking customer if you are not able to:
If you agree to electronic delivery, you also agree to notify us of changes to your e-mail address.
To update your e-mail address, to inquire about disclosures or notices, or to get a paper copy of a particular notice or disclosure, e-mail us at service@hancockbank.com, call us at 228.868.4000 or 1.800.522.6542, or write us at Hancock Bank, Attn: Telebanking Center, Post Office Box 4019, Gulfport, Mississippi 39502.
To withdraw your
consent to electronic delivery, call us at 228.868.4000 or 1.800.522.6542, write
to us at Hancock Bank, Attn: Telebanking Center, Post Office Box 4019, Gulfport,
Mississippi 39502, or e-mail us at service@hancockbank.com.
If you withdraw your consent, e-Banking privileges will be terminated.
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All loans subject to credit approval. |