Terms of Use

INTERNET, PC BANKING AND BILL PAY AGREEMENT

This Internet Banking Agreement for personal and business account customers is between Empire State Bank (ESB) and you, states the terms and conditions that govern your use of Empire State Bank Internet Banking Services for accessing your Eligible Accounts, and other financial services as described herein. The terms and conditions of this Agreement are in addition to other terms and conditions that may apply to any Account or Internet Banking Service covered by this Agreement.

Also included are the regulatory requirements for Electronic Funds Transfers as they pertain to these Internet Banking Services; these supersede any other regulatory requirements you may have received solely, however, in connection with Electronic Fund Transfers over the Internet through our Web Site (www.esbna.com).

Please read this document carefully before completing the application. We recommend that you print a copy of this document for your records. You agree to all of the terms and conditions of this Agreement, and any instructional material that we provide you regarding the Services, and agree to be bound by them as well as such other terms and conditions as shall be imposed from time to time by Empire State Bank on notice to you.

SERVICES PROVIDED
Empire State Bank will provide Internet Banking Customers with access to ESB's "Internet Banking System". Said systems will provide Customer's account(s) activity information, transfer funds between accounts at the Bank and obtain various rate information.

Transfers of funds from Accounts are subject to the restrictions contained in the applicable Account Agreement. All transfer requests are subject to having an Available Balance sufficient to complete the requested transaction. You agree that by requesting the transfer Internet Banking Service, you authorize us to carry out your transfer instructions, withdraw the necessary funds and applicable fees (including charges and penalties) under this Agreement and any Account Agreement, without requiring your signature on the item and without any notice to you.

In addition, according to Federal regulations, you are limited to six preauthorized withdrawals or automatic Electronic Fund Transfers (including telephone, savings overdraft protection, or data transmission) per statement cycle from a Savings account or Money Market account. Each fund transfer through the Internet Banking Service from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each periodic statement cycle. However, payments to your loan accounts with us are not counted toward this limit for savings/money market deposit accounts. We may reject your Electronic Fund Transfer request if you exceed this limitation.

We may refuse to process any transaction because of inaccurate or incomplete information or if you lack an Available Balance sufficient to complete the requested transaction.

Without your signature, you authorize us to access your Overdraft Line (if you have one), and charge applicable fees (including charges and penalties) under this Agreement and any Account Agreement, when you lack a sufficient Available Balance in your account to complete the requested transaction. You agree that we may either access your Overdraft Line or refuse to complete the requested transfer, in either event, you are responsible for any fees (including charges and penalties) under this Agreement and any Account Agreement we may impose.

GENERAL INFORMATION
Customer shall be solely responsible for establishing user password and maintaining the confidentiality of said password.

If Customer has any reason to believe that the password has or will become known to unauthorized person(s), the Customer shall immediately notify Empire State Bank. In order to protect against possible unauthorized use or access to the system, Empire State Bank may, at its option, temporarily deny all access or use of the system and Empire State Bank will thereafter replace the passwords in accordance with Empire State Bank security policy. Customer shall be solely responsible and liable by reason of any unauthorized access to Customer's account or any funds transferred prior to the receipt of notice from Customer to Bank. Empire State Bank's responsibility to take appropriate action to protect Customer's accounts shall include a reasonable period of time to permit the Bank adequate opportunity to take necessary action to prevent unauthorized access. Empire State Bank reserves the right to modify or change security procedures and codes from time to time and shall provide written notice of same to Customer prior to implementing such procedures or codes.

Customer hereby represents, warrants, and agrees that all information obtained by or coming into the possession of Customer in connection with any of the services provided herein, including but not limited to the software, user guides, security procedures, and passwords, will be maintained as confidential and shall not be divulged, transferred, sold or made available to any other person or entity.  Customer is solely responsible for the establishment or maintenance of appropriate procedures or policies which are reasonably designed to assure the absolute confidentiality of Empire State Bank's security procedures and codes.

Empire State Bank hereby agrees that Customer account information will remain confidential and protected from unauthorized access provided, however, that it shall be presumed that Empire State Bank has satisfied the foregoing obligations by Empire State Bank's adherence to its duly adopted security procedures and policies.

The Customer shall compensate Empire State Bank for PC Banking services or Internet Banking services as shall be mutually agreed upon between the parties from time to time as per the Bank's Schedule of Fees (which may be amended upon notice).

Empire State Bank obligations hereunder may be temporarily suspended by reason of computer or data processing computer failure or other condition beyond Bank's control for which Empire State Bank shall have no liability whatsoever to Customer. Empire State Bank reserves the right to transfer, assign or delegate all of its obligations to perform services hereunder to an appropriate third party limited to situations or conditions where computer or data processing equipment is inoperable or malfunctioning or other conditions beyond the Bank's control which make it temporarily or permanently impossible for Empire State Bank to perform the services hereunder.

Empire State Bank obligation to provide access to Customer's account(s) and to process Customer's transactions and instructions are expressly conditioned upon Customer's compliance with all of the terms and conditions contained herein.

Empire State Bank will be under no obligation to process, either in whole or in part any transaction or instruction that::

  • exceeds Customer's available funds on deposit;
  • is not consistent with the terms and conditions mutually agreed upon by the Customer and Bank;
  • Empire State Bank has reason to believe that said transaction or instructions have not been authorized by the Customer;
  • involves funds subject to restraints, levy or legal process preventing withdrawal or transfer;
    would violate any provisions of any present or future "risk control program" of the Federal Reserve System or any current or future law or regulation;
  • is inconsistent with any requirement set forth in this agreement or Is contrary to Bank policy, procedure or practice as duly adopted by the Bank or is required by Federal or State laws, rules or regulations;
  • Empire State Bank deems it necessary and reasonably believes that it is necessary for the protection of Bank or the Customer's interest.
In the event that a Customer has obtained an appropriate authorization from a Related Entity Customer of the Bank and further provided that said Customer has submitted the original authorization on forms provided by the Bank together with any other supporting documentation that the Bank, in its discretion may require the Bank agrees that it will permit Customer Banking access to said Related Entity accounts.

Customer hereby agrees to indemnify and hold harmless Empire State Bank, its assigns, its subsidiaries, its directors or officers from and against any damage, loss of liability or any kind, including, without limitation, reasonable attorney's fees, costs and disbursements which result directly or indirectly In whole or in part from the services provided under this agreement except when such loss, damage or claim shall arise from or be caused by the gross negligence of Empire State Bank. In no event shall Empire State Bank be liable for any loss which is a result of any encoding, key punching, date or other instruction furnished by Customer which shall be inaccurate or incorrect.

This agreement shall continue in effect until or unless terminated by either party upon thirty days written notice to the other. Empire State Bank, however, reserves the right, without prior notice or at any time to immediately terminate this agreement if Empire State Bank shall reasonably believe that loss or damage to either the Customer or the Bank may result from continued performance under this agreement.

This agreement shall be governed by and be construed under the laws of the State of New York.

This agreement constitutes the agreement between the parties hereto and supersedes any prior agreement or representation, whether written or oral, relating to the services and may not be modified, extended or changed in any manner except in writing signed by the parties hereto.

This agreement shall be accompanied by Customer's Application for PC Banking Services or Internet Banking Services and shall also include, if applicable, "Automated Banking Related Entity Authorization Agreements". Such application shall designate the Customer account(s) to be maintained subject to this agreement. Additions, deletions and changes are to be submitted via a new application form. The Customer agrees to provide all necessary documents, applications and/or resolutions to duly authorize the services provided by this agreement.

Email and Online Messages
You agree to check your Messages every time you log on to the Internet Banking Services.

No action will be taken on any of your email messages until we actually receive it and have a reasonable opportunity to act. If you need immediate assistance (for instance, to report an unauthorized transaction from an account) or your message is sensitive to you and confidential and you prefer not to use this email function, do not use any email system-you must instead call our Internet Banking Department at the number provided or contact us in person. Unless otherwise provided in this Agreement, email messages do not serve as a substitute for any requirement imposed on you to provide us with "written" notice.

Canceling or Changing Transfers
To stop recurring transfers you must edit the transfer you wish to change before the Business
Day Cut-off of the processing date. Up to that time, you may go into the transfer and change or delete.

INTERNET,  TELEPHONE BANKING DISCLOSURE

CONSUMER LIABILITY
Tell us AT ONCE If you believe your security code or password has been lost or stolen. 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 two (2) business days, you will lose no more than $50.00 if someone uses your code without permission. (If you believe your code has been lost or stolen, and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your code without your permission.) If you do NOT tell us within two (2) business days after you learn of the loss or theft of your code, and we can prove we could have stopped someone from using your code without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60)days after the statement was mailed to you, you may not get back any money you lost after sixty (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 kept you from telling us (such as a long trip or a hospital stay), we will extend the time periods.

CONTACT IN EVENT OF UNAUTHORIZED TRANSFER
If you believe your security code or password has been lost or stolen or that someone has transferred or may transfer funds from your account without your permission,

call: (845) 561-0003

Or write to:

EMPIRE STATE BANK
Attn: INTERNET DEPARTMENT
68 North Plank Road
Newburgh, New York 12550

BUSINESS DAYS
Account transfers and payments processed before 5:00 P.M. Monday - Friday, excluding holidays, will be posted to your account on the day of the transaction. Transfers of payments after 5:00 P.M. will be posted to your account on the next business day.

FEES
There are no monthly or transaction fees for the account information services and transfer service; we may, however, establish a schedule of service charges and fees for any transaction under this agreement at any time. Other fees, charges and penalties as described in an applicable Account Agreement may apply to the Internet Banking Services under this Agreement and will continue to apply; changes to those are governed by the specific Account Agreement and applicable law.

You agree to keep sufficient Available Balance in any one of the Accounts to cover any transaction and any applicable fees (which includes charges and penalties) under this Agreement and any Account Agreement. You agree to promptly pay all fees (charges and penalties) under this Agreement and any Account Agreement applicable to the transactions under this Agreement and you authorize the deduction of these from any of your Accounts without requiring your signature and without prior notice to you.

You are responsible for other fees, charges and penalties you may incur by using these Internet Banking Services as, for example, telephone charges and ISP charges.

We reserve the right, in our business judgment, to waive, reduce or reverse a fee under this Agreement and any Account Agreement in individual situations.

If we must initiate any legal action to collect money owed us under this Agreement, including any counterclaim, you agree to pay all costs incurred by us (as allowed by applicable law) for such action, including any reasonable attorney's fees.

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; or
  • In order to verify the existence and condition of your account for a third party, such as credit bureau or merchant; or
  • In order to comply with government agency or court order; or
  • If you give us written permission; or
  • Where otherwise permitted by law.
Cancellation/Termination
We may at any time cancel your access to any or all of the Banking Services without prior notice if there has been no Internet Banking for a period of three (3) consecutive months, if there is an insufficient Available Balance in any one of your Accounts to cover requested transactions and fees (including charges and penalties) under this Agreement and any Account Agreement, or for any other reason. After cancellation due to insufficient Available Balance, the canceled service may be reinstated once a sufficient Available balance is available in your Account(s) to cover any fees (including charges and penalties) under this Agreement and any Account Agreement and pending transfers or debits. For reinstatement, call the Internet Banking Department at (845) 561-0003 to request reinstatement.

Empire State Bank may also at any time and without prior notice to you cancel this Agreement. If this Agreement is cancelled, your right to use the Internet Banking Services shall immediately cease.

You may cancel this Agreement at any time by giving at least five (5) business days prior written notice of termination to the address provided. If you cancel this Agreement or terminate a transfer Service, you authorize us to continue making transfers, and other transactions you have previously authorized until we have a reasonable opportunity to act upon your termination notice, unless you have previously stopped or canceled the transaction in accordance with this Agreement. No matter when we acted on your notice, once we have acted we have no responsibility to make transfers or other transactions you may have previously authorized that may still be pending.

Prior to cancellation or termination, you will remain responsible for all transfers, or other transactions processed and for any associated fees (including charges and penalties) under this Agreement and any Account Agreements.


DOCUMENTATION
1. Pre-authorlzed credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, the person or company making the deposit will tell you every time they send us the money. You can call us at (845) 561-0003 to find out whether or not the deposit has been made.
2. Periodic statements. You will receive a monthly statement (unless there are no transfers in a particular month. In any case, you will receive the statement at least quarterly).


PRE-AUTHORIZED PAYMENTS
1. Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how:
Stop into any branch location, call us or write us at the telephone number or address listed in this disclosure, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.(Stop payment fee is per Schedule of Fees, which may be amended upon notice.)
2. Notice of varying amounts. If these regular payments may vary in amounts the person you are going to pay will tell you, 10 days before each payment 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.)
3. Liability for failure to stop payment of pre-authorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

(i) Financial institutionís liability. If we do not complete a transfer 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:
  (a) if, through no fault of ours, you do not have enough money in your account to make the transfer.
  (b) if the transfer would go over the credit limit on your overdraft line.
  (c) if the system was not working properly and you knew about the breakdown when you started the transfer.

4. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
5. There may be other exceptions stated in our agreement with you.


ERROR RESOLUTION NOTICE
1. Initial and annual error resolution notice. In case of errors or questions about your electronic transfers, telephone or write to us at the number or address listed in this disclosure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
(i) Tell us your name and account number (if any).
(ii) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(iii)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. We will tell you the result 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.
2. Error resolution notice on periodic statements. In case of errors or questions about your electronic transfer, telephone us or write us at the telephone number or address listed in this disclosure as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared.

(i) Tell us your name and account number (if any).
(ii) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(iii) Tell us the dollar amount of the suspected error. We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this, we will credit your account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.

CHANGE IN TERMS
Should we change our Terms or Conditions affecting your Electronic Transfers, and if the change would result in increased fees or (charges, increased liability, fewer types of available electronic fund transfers, or stricter limitations, we will notify you by mail at least 21 days prior to those changes. Notice need not be given where an Immediate change in Terms or Conditions is necessary to maintain, or restore the security of an electronic funds transfer system or account. If such a change is to be made permanent, we shall provide written notice to you within 30 days, unless disclosure would jeopardize the security of the system or account.

Transfer Limitations
By law, no more than six (6) pre-authorized transfers of funds, of which no more than three (3) can be by check, are permitted from savings or money market accounts during a calendar month (or statement cycle). Pre-authorized transfers include transfers made between your EMPIRE STATE BANK accounts via Internet Banking. If these limits are exceeded, your savings or money market account will be subject to an excess activity charge and the Bank may also suspend transfer and withdrawal privileges on the account, convert the account to a transaction account or close the account. There is no restriction on the frequency of withdrawals (payments directly to you) or transfers of funds from the account to any other account belonging to you that are made by mail, messenger, use of an ATM or in person.

Miscellaneous
  1. Business days are Monday through Friday, except holidays. There is also a business day cutoff time of 5:00 p.m. EST. Transactions performed after that time (or any time on a weekend or holiday) are treated as though they were performed on the next business day.
  2. Your periodic checking account statement will contain information about any transactions you have performed during that statement period.
  3. You agree to comply with the requirements of any help screens or instructions.
  4. You may not transfer or assign your rights under this Agreement to any third party. The Bank may assign or delegate, in part or whole, its rights and obligations under this Agreement to third parties without any notice to, or consent by, User.
  5. This Agreement, as it may be amended from time to time, supersedes all oral conversations, other communications, and previous agreements, if any, with regard to Internet Banking and the services thereunder. The terms and conditions in this Agreement are in addition to any Additional Agreement you have with us.
Changes
We may, in whole or in part, at any time alter, amend, restate or replace the term(s) and provision(s) of this Agreement. In such event, we will send you notice to the extent required by applicable law.

Internet Banking and the Service(s) there under will be governed by the Agreement as then changed. If you do not agree to any change, you may stop using any one of, or all, of the Services and terminate the Agreement.

Further, we may from time to time, revise or update Internet Banking or any of its Services, browser, security and encryption levels, other security safeguards, and/or other related material and these changes may render prior versions obsolete. Consequently, the Bank reserves the right to terminate Internet Banking and/or this Agreement as to all such prior versions of Internet Banking, or related material and limit access to the most recent version of Internet Banking.

Your use of Internet Banking after a change becomes effective, shall mean that you have agreed to be bound to the Agreement as changed.

Termination or Discontinuation

1. You may discontinue Internet Banking at any time, however, you must give us written notice 10 Business Days prior to the actual discontinuance date and your notice must be sent using one of the methods described below:
  • Submitting your request through the secure message system ("Contact Us") on our Web site at www.esbna.com ; or
  • Certified or registered U.S. Mail to:

Empire State Bank
68 North Plank Road, Newburgh, New York   12550
Attn.: Internet Department

2. We reserve the right to terminate this Agreement and your use of Internet Banking and any one or all of the services in whole or in part at any time, and for any reason, including, for example, extended periods of inactivity, non-payment of any required fee when due, if you do not comply with this Agreement or any Additional Agreement or your deposit account is not maintained in good standing. Upon termination you will be responsible for making arrangements to pay any future or recurring payments. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement, or any Additional Agreement.

Termination will occur 10 business days after the date we receive your notice of termination or 10 business days after we issue a termination notice. Items processed during this period will be governed by the terms of this Agreement even if the process is completed after the effective date of termination. Since Internet Banking cancellation requests take up to 10 days to process, you should cancel all outstanding payment or transfer orders in addition to notifying us of your desire to terminate Internet Banking. We will not be liable for payments or transfers not canceled or payments or transfers made due to the lack of proper notification by you of Internet Banking termination or discontinuance for any reason.


Request to Stop a Paper Check
You may place a stop on one of your paper checks written against your Bank checking account if you do so in person at your branch location or call the Internet Department at (845) 561-0003 during branch hours.   Stop payment requests received by us after that time and on non-Business Days will not be effective until the next Business Day. The Bank must have a reasonable opportunity to act on a stop payment order and is not liable for checks already paid. Stop payments will remain in effect for six months unless renewed in accordance with the Personal Deposit Account Agreements and Disclosures. If the item is presented after six months it may be paid or dishonored at our discretion unless you have renewed the request. Your account will be charged for initiating a stop payment in accordance with the Bank's then current Consumer Common Charges.

ERRORS OR QUESTIONS
In case or errors or questions about your Internet Banking Service: (1) call the bank at (845) 561-0003; (2) "Contact Us" on our web site @esbna.com (3) write to us at the Internet Department at Empire State Bank, 68 North Plank Road, Newburgh, NY  12550


Bill Payment Agreement & Disclosures


Welcome to Online Banking Bill Payment Service.  Use of the Bill Payment Service indicates acceptance of terms and conditions set forth in the Online Banking Agreement & Disclosures and the terms and conditions set forth in this Bill Payment Agreement & Disclosures ("Agreement") as each may be jointly and/or independently amended from time to time. This Agreement is provided in electronic form, and by using the Bill Payment Service you agree to accept the Agreement in that form.  Please read the Agreement carefully because it is our legal agreement with you that governs your use of our Bill Payment Service.

INTRODUCTION
Through online banking you may subscribe to our optional Bill Payment Service.  The Bill Payment 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 Bill Payment 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"), and the Online Banking Agreement & Disclosures.

"Bill Payment Service" and/or "Service" means the bill payment service that Empire State Bank makes available over the Internet with Paytraxx and is also a Service under the Agreement.  "Bank", "we", "our", or "us" means Empire State Bank.   "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
To subscribe to Bill Payment, you must designate a specific checking account to process your Bill Payment transactions through. The account you designate for this purpose must be in good standing with us in accordance with our criteria.

Bill Payment is intended for use by personal and commercial DDA account owners.  We will 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 or Merchant you  want, including individuals, local service providers, utilities, credit cards, or to make mortgage or loan payments, or 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, which you provide to us.  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 ALL bill payments, whether paid electronically or by check, will be withdrawn from your Account no later than three (3) business days following the Payment Date. 

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 a single, one-time Payment 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 $10,000.00.

Payments are processed Monday through Friday at 1:00 PM Eastern Time, except on Federal holidays.  If you attempt to schedule a Payment on a weekend or Federal holiday, 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 Payment (recurring or variable) to allow adequate time for the Payment to reach the Payee.  The due date is the date the Merchant has designated 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 the Bill Payment Service 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. If you fail to schedule your Payment according to the recommended timeframe, we will not be responsible for the late fees or finance charges.  We will not 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 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 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 1:00 PM Eastern Time on the business day the Payment is going to be processed.

We shall not be liable to you due to a stop payment request if your order to do so is not presented prior to the time the check has cleared.  Once the Payment has cleared, you can no longer stop payment. 

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 $50.00 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, indirect, 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 sixty (60) 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. 

If, for any reason, you should want to terminate your use of our Bill Payment Service, we recommend that you cancel all future 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.
Empire State Bank
68 N. Plank Road
Newburgh, New York 12550

AGREEMENT ASSIGNMENT AND AMENDMENT
We may assign this Agreement to any affiliate, parent or other company.  We may also assign or delegate certain of its rights and responsibilities under this Agreement to such third parties as we may elect upon notice to you whereupon we shall be released from any and all further liability or responsibility related thereto.

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.  We will provide notice of thirty (30) days of any changes (or such lesser period as may be allowed by applicable law) unless an immediate change is necessary to maintain the security of the system.  You may choose to accept or decline amendments, cancellations or changes by continuing or discontinuing the accounts or services to which these changes relate, at your option. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.

 

We recommend that you print a copy of this document for your records.


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EMPIRE STATE BANK
68 North Plank Road
Newburgh, NY  12660
Customer Service/Telephone Banking/Internet Department


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