Savannah Bank NA Mobile App Terms & Conditions

Terms and Conditions:            Savannah Bank NA

 

Thank you for using Savannah Bank NA Mobile Banking combined with your handheld’s text messaging capabilities. Message & Data rates may apply. For help, text “HELP” to 31727. To cancel, text “STOP” to 31727 at anytime. In case of questions please contact customer service at 315-365-6051 or visit https://www.savannahbankny.com/.

 

Savannah Bank NA Privacy Policy https://www.savannahbankny.com/pdf/Savannah%20Bank%20PRIVACY%20POLICY.pdf

 

Terms and Conditions

 

• Program: Savannah Bank NA offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over SMS, as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user’s banking relationship as well as providing a mobile phone number. The mobile phone number’s verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Message & Data rates may apply. Customers will be allowed to opt out of this program at any time.
• Questions: You can contact us at 315-365-6051, or send a text message with the word “HELP” to this number: 31727. We can answer any questions you have about the program.
• To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says “STOP” to this number: 31727. You’ll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
• Terms & Conditions: By participating in Mobile Banking, you are agreeing to the terms and conditions presented here.
• Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

 

Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not be available at any time for any reason outside of the reasonable control of Savannah Bank NA or any service provider.

 

Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, Savannah Bank NA and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files, data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively “User Information”). Savannah Bank NA and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. Savannah Bank NA and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

 

Restrictions on Use. You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Savannah Bank NA (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Savannah Bank NA or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Savannah Bank NA, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.

 

Use of Google Maps: You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at https://www.google.com/help/legalnotices_maps/, or other URLs as may be updated by Google.

 

Online Internet Banking Terms and Conditions Agreement

 

This Agreement describes your rights and obligations as a user of the Online Banking Service or the Bill Payment Service (“Service” or “Services”).  It also describes the rights and obligations of Savannah Bank, NA. Please read this Agreement carefully.  As an authorized account holder you must abide by the terms and conditions of this agreement, and those provided to you at account opening, in order to use this Service.

 

CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS

By selecting the “I Accept” button below, you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with Savannah Bank, NA for the provision of certain Online Banking Services, may be in electronic form, and (3) agreeing that certain information that may be delivered in connection with the Services may also be in electronic form.

 

You are also acknowledging receipt of the following information and agree that:

We may provide you with this Agreement and any revisions and amendments thereto in electronic form, and that, if you choose to accept the Agreement, you are consenting to enter into and are entering into an agreement electronically that will govern all future transactions you conduct using the Service.

 

We may provide you revisions and amendments to the Agreement and such other information, (including but not limited to information under Regulation E and under other applicable banking or financial services laws or regulations in connection with the Service), electronically as a part of the Agreement or otherwise as a part of the Services.  While you may print and retain a copy of the Agreement or any information provided to you in relation to the Service, we only provide these documents electronically.

 

You have a right at any time to withdraw, without service charges, your consent to receive information electronically. However, because the Agreement and the Information are provided only in electronic format, your withdrawal of consent will terminate all the Services.

 

If you wish to withdraw consent to receive information electronically, to terminate the Services, or to update your information such as a change of address, or email address, you may call Savannah Bank, NA at (315) 365-6051, or send a letter to:

 

Savannah Bank, NA

Attention: Online Banking

PO Box 278

Savannah, NY 13146

 

You are able to access information that is provided in the same manner as the information and Services via the Internet.

 

DEFINITIONS

 

The following definitions apply in this Agreement:

• Online Banking is the Internet-based service providing access to your account(s) under the terms set forth in this Internet Banking Terms and Conditions Agreement.
• Online Account is a Savannah Bank, NA account from which you will be conducting transactions using this Service.
• Password is a series of numbers and/or letters that you select after the initial sign-on that establishes your connection to Online Banking
• Business Day refers to Monday through Wednesday, 8:00 a.m. to 4:00 p.m. EST, and Thursday through Friday, 8:00 a.m. to 5:00 p.m. EST. All Online transaction requests received after the Business Day, or on a non-Business Day, will be processed immediately, but will not post to accounts until the following Business Day after checks processed during nightly processing.
• Time of Day refers to Eastern Standard Time.
• We, Us, Our, or Savannah Bank, NA refer to Savannah Bank, NA, which offers the Services provided under this Agreement and holds the accounts accessed by the Services.

 

ACCESS TO SERVICES

Savannah Bank, NA will provide online instructions describing how to use the Online Banking Service or Bill Payment Service. To gain access to this Service you will need your Access ID and your Password.

 

HOURS OF OPERATION

The Services are generally available 24 hours a day, 7 days a week.

 

USE OF YOUR SECURITY PASSWORD

The safety of our customers’ accounts and account information is of paramount importance to Savannah Bank, NA. We go through great lengths to protect confidentiality and the security of your account, and urge you to do the same. You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions initiated through the Services with your Savannah Bank, NA User-ID, up to the limits allowed by applicable law.  While Savannah Bank, NA continues to provide our customers with the level of online security we believe necessary and appropriate, customers who share their User-IDs and Passwords are giving up the full benefit of our security measures and legal protections to which they may be entitled.  No Savannah Bank, NA representative will ever call and ask for your Access ID or User Password.

 

LOST OR STOLEN PASSWORDS

 

If your Password has been lost or stolen, call Savannah Bank, NA immediately at (315) 365-6051, during business hours. Telephoning is the best way of minimizing your losses.  You may also restore the security of your Service by immediately changing your Password.

 

BANKING TRANSACTIONS WITH ONLINE BANKING

In addition to viewing account information, you may use Online Banking to conduct the following transactions:

• Transfer funds between your linked checking, savings, money market, and loan accounts.
• Initiate Bill Payments through our Bill Pay service

 

NOTE: Because regulations require Savannah Bank, NA to limit pre-authorized transfers (including Online Banking transfers), the following limitations apply:

 

Money Market Savings Account— You can make no more than six (6) transfers per statement period by pre-authorized or automatic transfer or by Online Banking.

 

New services may be introduced for Online Banking from time to time.  Savannah Bank, NA will notify you of the existence of these new services.  By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.

 

STATEMENTS

You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.  If your statement shows transfers that you did not make, notify Savannah Bank, NA immediately at (315) 365-6051, or send a letter to:

 

Savannah Bank, NA

Attention: Online Banking

PO Box 278

Savannah, NY 13146

 

If you do not notify Savannah Bank, NA within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if Savannah Bank, NA has been notified in time.

 

ERRORS AND QUESTIONS

In case of errors or questions regarding an Online Banking or Bill Payment transaction, you may call Savannah Bank, NA at (315) 365-6051, or send a letter to:

 

Savannah Bank, NA

Attention: Online Banking

PO Box 278

Savannah, NY 13146

 

We must hear from you at the specified telephone number or address no later than sixty (60) calendar days after we sent you the first statement on which the problem or error appeared.  We will need:

 

• Your name and account number.
• A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information.
• The dollar amount of the suspected error.
• The date on which it occurred.

 

We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly.  If more time is needed, however, we may take up to forty-five (45) days to investigate your complaint or question.  If this occurs, we will credit your account within ten (10) Business Days for the amount you think is in error.  This will allow you to use the money during the time it takes us to complete our investigation.  If your complaint or question is not received in writing within ten (10) Business Days from your original contact, we may not credit your account until the investigation is completed.

 

If your notice of error concerns a transaction that occurred during the first 30 days after the first deposit to the account was made, the applicable time periods are 20 Business Days in place of 10 Business Days and 90 calendar days in place of 45 calendar days.

 

If we determined that no error occurred, we will send you a written notice within three (3) Business Days.  You may request copies of the documents that were used in the investigation.

 

You agree that Savannah Bank, NA may respond to you by e-mail with regard to any claim of unauthorized electronic fund transfer related to the Service.  Any such electronic mail sent to you by Savannah Bank, NA shall be considered received within three (3) Business Days of the date sent by Savannah Bank, NA, regardless of whether or not you sign on to the Service within that time frame.

 

LIMIT OF Savannah Bank, NA RESPONSIBILITY

Savannah Bank, NA agrees to make reasonable efforts to ensure full performance of Online Banking.  Savannah Bank, NA will be responsible for acting only on those instructions sent through Online Banking which are actually received, and cannot assume responsibility for circumstances over which the bank has no direct control.  This includes but not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send.  Savannah Bank, NA is not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.

 

Any information you receive from Savannah Bank, NA is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. Savannah Bank, NA is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information or for any investment or other decision made using this information.

 

Savannah Bank, NA is not responsible for any fees incurred for Internet access, or for any computer virus or related problems that may be attributable to services provided by any Internet access service provider.

 

You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking.  Savannah Bank, NA will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.

 

The limit of Savannah Bank, NA liability shall be as expressly set forth herein. Under no circumstances will Savannah Bank, NA be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable.  By consenting to use the Services, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.

 

Savannah Bank, NA RESPONSIBILITY

Savannah Bank, NA will be responsible for your actual losses if they were directly caused by our failure to complete or cancel a transfer as properly requested.

 

However, we will not be responsible for your losses if:

 

• Through no fault of Savannah Bank, NA, you do not have enough money in your account to make the transfer
• Through no fault of Savannah Bank, NA, the transaction would have caused you to exceed your available credit
• Circumstances beyond our control (e.g., fire, flood, power outage, mail delivery delays, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken
• There is a hold on your account, or if access to your account is blocked in accordance with banking policy
• Your funds are subject to legal process or other encumbrance restricting the transfer
• Your transfer authorization terminates by operation of law
• You believe someone has accessed your accounts without your permission and you fail to notify Savannah Bank, NA immediately

 

• You have not properly followed the scheduling instructions, included in this Agreement, to make a transfer or the Payee refuses the Service.
• For the failure of any payee to correctly account for or credit the payment in a timely manner
• We have received incomplete or inaccurate information from you or a third party involving the account or transfer.
• For changes to the payee’s address or account number (unless you have advised us of the change within three (3) business days in advance).
• We have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with us, or if we or you terminate this Agreement.

 

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.

 

If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

 

ELECTRONIC MAIL (E-MAIL)

If you send Savannah Bank, NA an electronic mail message through the Service, Savannah Bank, NA will be deemed to have received it on the following Business Day.  E-mails will be answered within a reasonable timeframe.

 

You should not rely on electronic mail if you need to communicate with Savannah Bank, NA immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur).

 

You agree that Savannah Bank, NA may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make.  Any such electronic mail sent to you by Savannah Bank, NA shall be considered received within three (3) days of the date sent by Savannah Bank, NA, regardless of whether or not you sign on to the Service within that time frame.

 

ALERTS/MESSAGES

Internet banking alerts allows you to set up automated alert events based on your own criteria to be alerted upon.   Alerts may be sent via email or in an online message box within Internet banking, or both.  E-mail alerts will be sent to the e-mail address you provide in creating the alert.

 

Savannah Bank, NA may add or remove types of alerts from time to time.

 

If you change your e-mail address you are responsible for changing this in the alerts you have already set up.

 

You agree that alerts may be delayed or prevented for a variety of reasons.

 

We do not guarantee the delivery or validity of the contents of any alert.

 

You agree that we shall not be liable for any delays, delivery failure or misdirected delivery of any alert.

 

You agree that we shall not be liable for any actions taken or not taken by you or anyone else in reliance of an alert.

 

The bank will never include your password or full account number in an e-mail alert; however you understand that alerts may include your name and some information about your accounts.

 

Unfulfilled events (events that do not happen) will only remain on the system for 999 days. You will not be notified when they are removed.

 

Distributed events (events that have happened and have been viewed) will remain on the system for 30 days.

 

OTHER AGREEMENTS

In addition to this Agreement, you and Savannah Bank, NA agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts.  Your use of the On­line Banking service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them.  You should review other disclosures received by you when you opened your accounts at Savannah Bank, NA.  All terms and conditions of the disclosures provided to you at account opening, including but not limited to, the Truth in Savings, Regulation E Disclosure, Depositor’s Agreement and Terms and Conditions apply to this Service.

 

MODIFICATIONS TO THIS AGREEMENT

Savannah Bank, NA may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law.  We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent.  We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.

 

DISCLOSURE OF INFORMATION TO THIRD PARTIES/ PRIVACY POLICY

A copy of Savannah Bank, NA Consumer Privacy Statement is available upon request at our office, or can be mailed to you upon request by calling the office at (315) 365-6051, or sending a letter to:

 

Savannah Bank, NA

Attention: Online Banking

PO Box 278

Savannah, NY 13146

 

You can also access our Policy online by clicking on the Privacy Policy icon on the Savannah Bank, NA web site.

 

INACTIVITY / TERMINATION

You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services.  We can terminate your Online Banking privileges under this Agreement without notice to you for any reason; if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing.  We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.

 

To cancel the Online Banking and/or Bill Payment Service, you must notify Savannah Bank, NA.  Your notification should include your name, address and the effective date to stop the service(s).  When Bill Payment is terminated, any pre-scheduled bill payments made through Online Banking will also be terminated.  Your final charge for the Bill Payment Service will be assessed at the end of your statement cycle.  You may notify Savannah Bank, NA by one of the following methods:

 

By initiating a customer inquiry through our Web Site

By calling (315) 365-6051

By sending a letter to:

Savannah Bank, NA

Attention: Online Banking

PO Box 278

Savannah, NY 13146

 

GOVERNING LAW

This Agreement is governed by the laws of the State of (Any) and applicable federal law(s).

 

FEE SCHEDULE

Savannah Bank, NA offers the benefits and convenience of the Online Banking service to you at no monthly charge.

 

Savannah Bank, N.A. Alerts Terms and Conditions

 

Alerts. Your enrollment in Savannah Bank, N.A. Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Savannah Bank, N.A. account(s). Account Alerts and Additional Alerts must be managed and/or added online through the Service. We may add new alerts from time to time, or cancel old alerts. We usually notify you when we cancel alerts, but are not obligated to do so. Savannah Bank, N.A. reserves the right to terminate its alerts service at any time without prior notice to you.

 

Methods of Delivery. We may provide alerts through one or more channels (“endpoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Savannah Bank N.A. Online Banking message inbox. You agree to receive alerts through these endpoints, and it is your responsibility to determine that each of the service providers for the endpoints described in (a) through (c) above supports the email, push notification, and text message alerts provided through the alerts service. Please be advised that text or data charges or rates may be imposed by your endpoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

 

Alerts via Text Message. To stop alerts via text message, text “STOP” to 31727 at anytime.  Alerts sent to your primary email address will be unaffected by this action. To restore alerts on your mobile phone, just visit the alerts tab in Savannah Bank, N.A. Online Banking.  For help with SMS text alerts, text “HELP” to 31727. In case of questions please contact customer service at 315-365-6051. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

Limitations. Savannah Bank, N.A. provides alerts as a convenience to you for information purposes only. An alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Savannah Bank, N.A.’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Savannah Bank, N.A., its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

 

Alert Information. As alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your alerts will be able to view the contents of these messages.

 

 

Last Updated: 04/16/2020

 

Card Controls Additional Terms.

The following supplemental Terms of Use (“Supplement”) applies to the card controls feature (“Card Controls”) within the Mobile Banking mobile application (“Mobile Banking App”), notwithstanding anything in the Agreement to the contrary. The Supplement only applies to Card Controls. If Card Controls are not available to you, then this Supplement does not apply. To the extent there is any conflict between the terms of the Agreement and this Supplement with respect to Card Controls, then the terms in this Supplement shall apply.

 

1. The Card Controls feature is only available for debit cards issued by Savannah Bank NA that you register within the Mobile Banking App.
2. The Card Controls alerts and controls you set through use of the Mobile Banking App may continue to apply, even if you delete the Mobile Banking App or remove it from your mobile device. Please contact Savannah Bank NA to discontinue the alerts and controls.
3. Certain Card Control functionality within the Mobile Banking App may not be available for all transactions. Controls and alerts based on the location of the mobile device where the Mobile Banking App is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the actual location of the merchant differs from the merchant’s registered address.
4. Card Controls may enable access to Savannah Bank NA and third parties’ services and web sites, including GPS locator websites, such as Google’s. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto.
5. To the extent this Mobile Banking App allows you to access third party services, Savannah Bank NA, and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such services. We may also impose limits on the use of or access to certain services, in any case and without notice or liability.
6. THE MOBILE BANKING APP, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF THE MOBILE BANKING APP OR THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.
7. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APP AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE MOBILE BANKING APP, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THE SERVICES OR THE WEBSITE THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, 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.

 

Alerts Additional Terms.

The following Alerts terms and conditions (“Alerts Terms of Use”) only apply to the Alerts feature (as defined below). If Alerts are not available to you, then this Alerts Terms of Use does not apply. To the extent there is any conflict between the terms of the Agreement and this Alerts Terms of Use with respect to Alerts, then the terms in this Alerts Terms of Use shall apply.

 

Alerts. Your enrollment in Savannah Bank NA Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Savannah Bank NA account(s). Alerts are provided within the following categories:

 

• Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.

 

• Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.

 

• Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the More menu within Savannah Bank NA Mobile Banking.

 

Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts through your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Savannah Bank NA reserves the right to terminate its Alerts service at any time without prior notice to you.

 

Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message; (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Savannah Bank NA Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

 

Alerts via Text Message. To stop Alerts via text message, text “STOP” to 31727 at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Savannah Bank NA Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 31727. In case of questions please contact customer service at 315-365-6051. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

Limitations. Savannah Bank NA provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Savannah Bank NA’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Savannah Bank NA, its directors, officers, employees, agents and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

 

Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

 

https://www.savannahbankny.com/pdf/Savannah%20Bank%20PRIVACY%20POLICY.pdf

 

Privacy and User Information – Data Analytics. You acknowledge that in connection with your use of Mobile Banking, Savannah Bank NA and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software. Savannah Bank NA and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.

 

Biometric Login for Mobile Banking.

Biometric login is an optional biometric sign-in method for Savannah Bank NA Mobile Banking that may be available for certain mobile devices that have a built-in biometric scanner. To use biometric login, you will need to first save your fingerprint/facial feature scan on your mobile device (for more help with biometric scanning, contact the manufacturer that supports your mobile device). Biometrics are stored on your device only and Savannah Bank NA never sees or stores your biometric information. You acknowledge that by enabling biometric login, you will allow anyone who has biometric information stored on your device access to your personal and payment account information within Savannah Bank NA Mobile Banking. Savannah Bank NA reserves the right to suspend or disable this feature at any time. Biometric login can only be associated with one Mobile Banking username at a time on a device. If your device doesn’t recognize your biometric information, you can sign in using your standard login credentials (e.g., password). To use biometric login for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable biometric login anytime within Savannah Bank NA Mobile Banking.

Card Management Additional Terms

The card management feature is offered by SAVANNAH BANK  (referred to herein as “Card Controls”, “us”, “we” or “our”) for use by SAVANNAH BANK  cardholders. SAVANNAH BANK ’s card management feature is intended to allow You to initiate certain payment card related activities for Your enrolled SAVANNAH BANK (s) via the card management feature. Those activities may include the ability to but not limited to:

• Register the card
• Activate and deactivate the card
• Set control preferences for card usage including location, transaction, and merchant types, spend limits, and card on/off (“Controls”)
• Set alert preferences for card usage including location, transaction, and merchant types, spend limits, and declined purchases (“Alerts”)
• View transaction history including cleansed and enriched merchant information (e.g., merchant name, address, and contact information)
• Report Your card as lost or stolen
• Review Your spending by merchant type and/or by month
• View a list of merchants storing Your card information for recurring or card-on-file payments

The card management feature may enable access to SAVANNAH BANK  and third parties’ services and web sites, including GPS locator websites, such as Google. Use of such services may require internet access and that You accept additional terms and conditions applicable thereto, including, with respect to Google maps, those terms and conditions of use found at http://maps.google.com/help/terms_maps. Html and the Google Legal Notices found at https://www.google.com/help/legalnotices_maps/, or such other URLs as may be updated by Google. To the extent the card management feature allows You to access third party services, SAVANNAH BANK  and those third parties, as applicable, reserve the right to change, suspend, remove, limit, or disable access to any of those services at any time without notice and without liability to You.

You agree to allow us to communicate with You via push notification, SMS and/or email, with respect to the activities performed via the card management feature.  Data fees may be imposed by Your mobile provider for the transmission and receipt of messages and Alerts.

SAVANNAH BANK  reserves the right to send administrative and service notifications via emails and/or SMS messages to the email address and/or phone number provided upon enrollment inSAVANNAH BANK  card management feature.

Availability/Interruption. You acknowledge that the actual time between occurrence of an event (“Event”) triggering a selected Control or Alert and the time the notification of such event is sent to Your mobile device (“Notification”) is dependent on a number of factors including, without limitation, Your wireless service and coverage within the area in which You are located at that time.  You acknowledge that Notifications of Events may be delayed, experience delivery failures, or face other transmission problems. Similarly, selection of Controls and Alerts (collectively, “Commands”) are likewise affected by the same or similar factors and problems could arise with use of Commands.  Notifications of Events may not be available to be sent to Your mobile device in all areas.

If You registered to receive Notifications to Your mobile device, the card management feature is available when You have Your mobile device within the operating range of a wireless carrier with an appropriate signal for data services. The card management feature is subject to transmission limitations and service interruptions.SAVANNAH BANK  does not guarantee that the card management feature (or any portion thereof) will be available at all times or in all areas.

You acknowledge and agree that certain functionality with the card management feature may not be available for all transactions. Commands based upon the location of the mobile device where the card management feature is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the location of the actual location of the merchant differs from the merchant’s registered address.

 

You acknowledge and agree that neither SAVANNAH BANK  nor its third-party services providers (including the developer of the technology enabling the Notifications) are responsible for performance degradation, interruption or delays due to conditions outside of its control.  You acknowledge that neither SAVANNAH BANK  nor its third-party service providers shall be liable to You if You are unable to receive Notifications on Your mobile device in Your intended area. SAVANNAH BANK , for itself and its third-party service providers, disclaims all liability for: any delays, mis-delivery, loss, or failure in the delivery of any Notification; any form of active or passive filtering.