Bay-Vanguard - Banking : Access Agreement

Requirements

To access your accounts through Bay-Vanguard Internet Banking, you must first have an eligible Bay-Vanguard Internet Checking account (listed below) and an online password. Accounts accessible through Bay-Vanguard Internet Banking:
- Internet Checking Accounts
- Money Market Checking
- Commercial Internet Checking (separate fee schedule applies)
- Statement Savings
- Certificates of Deposit (balance only, no transactions)
- Individual Retirement Account (balance only, no transactions)
- Loans (balance only, no transactions)
Fees

There are no monthly or transaction fees for accessing your personal account(s) through Bay-Vanguard Internet Banking. See Section VII for a description of Bill Pay fees. Other fees, as described in the applicable Account Disclosure Statement, may apply to services ordered online. (Fees may change without notice. See Section VII for more information regarding fees.)

Please note that fees may be assessed and billed separately by your online service provider.
Electronic Mail (E-mail)

Sending E-mail through Bay-Vanguard Internet Banking is a way to communicate with the Bank. Bay-Vanguard has provided E-mail forms for you to ask questions about your account(s) or give comments on your banking service. These E-mail forms are accessible after you sign on with your password to a secure session of Bay-Vanguard Internet Banking. To ensure the security of your account information, we recommend that you use only these E-mail forms when asking specific questions about your account(s).

You cannot use E-mail to initiate transactions on your account(s). For banking transactions, please use the appropriate functions within Bay-Vanguard Internet Banking.
New Services

Bay-Vanguard may, from time to time, introduce new Internet Financial Services. We shall update this Internet Banking Access Agreement to 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 contained in this Internet Banking Access Agreement.
Benefits of Using Bay-Vanguard Internet Banking

Through Bay-Vanguard Internet Banking, you can manage your eligible personal or small business accounts from any location where you have internet access. You can use Bay-Vanguard Internet Banking to:
- View account balances and review transaction history.
- Transfer money between accounts. (As noted, you cannot conduct transactions on Certificates of Deposit, Christmas Clubs, or Individual Retirement Accounts).
- Pay bills to any merchant, institution or individual with a U.S. address.
- Communicate directly with Bay-Vanguard via E-mail.

Terms and Conditions

The first time you access your Bay-Vanguard accounts through Bay-Vanguard Internet Banking confirms your agreement to be bound by all the terms and conditions of this Internet Banking Access Agreement and acknowledges your receipt and understanding of this disclosure.
1. Your Online Password
  
  You will be given an online Username and Password that will give you access to your Bay-Vanguard accounts through Bay-Vanguard Internet Banking. This password can be changed within Bay-Vanguard Internet Banking from the Sign On screen.. We recommend that you change your password regularly. Bay-Vanguard is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize this online password and do not write it down. You are responsible for keeping your password and account data confidential.
2. Payment Account
  
  Although there are no fees for accessing your accounts via Bay-Vanguard Internet Banking, you may be asked to designate a payment account for selected services such as Bill Pay. You agree to pay promptly all fees and charges for services provided under this Agreement, and authorize us to charge the account that you have designated as the payment account or any other account for the fees.
  
  If you close the payment account, you must notify Bay-Vanguard and identify a new payment account for the selected services. Additionally, if you close all Bay-Vanguard accounts, you must notify Bay-Vanguard Internet Banking Customer Service to cancel your Internet Financial Services.
  
  Your Internet Financial Services may be canceled at any time by Bay-Vanguard without prior notice due to insufficient funds in one of your accounts. After cancellation, Internet Financial Services may be reinstated, once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to reinstate your services, you must call Bay-Vanguard Internet Banking Customer Service at 410-547-1088. A reinstatement fee of $5.00 will be charged.
  
  If you do not schedule or process a payment in your Bay-Vanguard bill payment account via Bay-Vanguard Internet Banking for any three (3) month period, Bay-Vanguard reserves the right to disconnect your service. Please note that your internet bill payment information will be lost if you are disconnected.
  
  If you do not access your Bay-Vanguard accounts via Bay-Vanguard Internet Banking for any three month period. Bay-Vanguard reserves the right to disconnect your service.
  
  You agree to be responsible for any telephone charges which you incur by accessing your Bay-Vanguard accounts through Bay-Vanguard Internet Banking.
  
  If you wish to cancel any of your Internet Financial Services offered through Bay-Vanguard Internet Banking, please contact Bay-Vanguard Internet Banking Customer Service at 410-547-1088 or send us cancellation instructions in writing to Bay-Vanguard FSB, 1230 Light Street, Baltimore, Md. 21230.
3. Our Liability
  
  Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Bay-Vanguard, OR by Internet browser providers such as Netscape (Netscape Navigator browser) and Microsoft (Microsoft Explorer browser), OR by Internet access providers OR by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the Internet Financial Services, or Internet browser or access software.
4. Hours of Accessibility
  
  You can access your Bay-Vanguard accounts through Bay-Vanguard Internet Banking seven days a week, 24 hours a day. However, at certain times, some or all of Bay-Vanguard Internet Banking may not be available due to system maintenance. During these times, you may use a Bay-Vanguard branch to conduct your transactions.
  
  A transfer initiated through Bay-Vanguard Internet Banking before 4 PM (Eastern Time) on a business day is posted to your account the same day. All transfers completed after 4 PM (Eastern Time) on a business day or on a Saturday, Sunday or banking holiday, will be posted on the next business day.
  
  Our business days are Monday through Friday, except for banking holidays. "Banking holidays" shall mean all federal banking holidays.
5. Additional Terms and Conditions
  
  Obtaining Account Balance and Transaction History - You can obtain balance and transaction history on all eligible accounts that are enrolled in the Bay-Vanguard Internet Banking. See Section II for specific accounts accessible through Bay-Vanguard Internet Banking. Account balance and transaction history reflects activity through the close of the previous business day.
  
  Transferring Funds - The number of transfers from a savings account is limited as described in the applicable Account Disclosure Statement. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
Bill Pay Service
1. Using the Service
  
  The Bay-Vanguard Bill Pay Service allows you to schedule bill payments through Bay-Vanguard Internet Banking,. You can arrange, at your option, for the payment of your current, future and recurring bills from an internet checking account, up to a maximum of $10,000 per payee/merchant each business day. There is no limit to the number of payments that may be authorized. Only one, one-time payment and one recurring payment may be sent to each payee on the same day. We are unable to process any payments to federal, state, or local tax agencies.
  
  By furnishing us with the names of your payees/merchants and their addresses, you authorize us to follow the payment instructions to these payee/merchants that you provide us via Bay-Vanguard Internet Banking. When we receive a payment instruction (for the current or a future date), we will remit funds to the payee on your behalf, from the funds in your selected Internet Checking account, on the day you have instructed them to be sent ("Payment Date"). However, we shall not be obligated to make any such payment unless your account and/or overdraft protection plan has sufficient funds or credit availability to pay the bill on the Payment Date. Funds for all bill payments (whether these payments are made electronically or by check) will be withdrawn from your account on the day instructed by you via Bay-Vanguard Internet Banking.
  
  You have the right to stop or change any scheduled payment. You must cancel the payment by no later than 4 PM (Eastern Time), on the Payment Date, by using the DELETE function on the Bay-Vanguard Pending Payment Detail page or by calling Bay-Vanguard Internet Banking Customer Service at 410-547-1088.
  
  NOTE: Any payments made with Bill Pay require sufficient time for your payee to credit your account 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. When you schedule payments:
  
  YOU MUST SCHEDULE THE PAYMENT AT LEAST 5 FULL BUSINESS DAYS PRIOR TO THE DATE THE PAYMENT IS DUE AT YOUR PAYEE.
  
  If Bay-Vanguard does not properly complete a bill payment on time or in the correct amount, we will pay any late fees or finance charges as long as your account was in good standing with the merchant prior to this incident. We will also be liable to you if we fail to stop a payment pursuant to your timely order to do so. Bay-Vanguard shall not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges and late fees. In addition, Bay-Vanguard will not be liable if any third party through whom any bill payment is made fails to properly transmit the payment to the intended payee. We will also not be liable if there are insufficient funds or credit availability in your designated payment account and/or overdraft protection plan; if a legal order directs us to prohibit withdrawals from the payment account; if the payment account is closed or frozen; or if the Bay-Vanguard ATM or any pt of the electronic fund transfer system is not working properly. Bay-Vanguard will not be liable for indirect, special, or consequential damages arising out of the use of Bill Pay.
  
  Bay-Vanguard reserves the right to terminate your use of Bill Pay at any time.
  
  If, for any reason, you should ever wish to cancel Bay-Vanguard Internet Banking, we strongly suggest that you cancel all future bill payments at the same time that you cancel your service, either by deleting those payments yourself using Bay-Vanguard Internet Banking or by calling Bay-Vanguard Internet Banking Customer Service at 410-547-1088. This will ensure that future payments and transfers made by you will not be duplicated. We will automatically delete all outstanding payment orders (all individual payments and all recurring payments) once we have been notified that your service has been terminated. We will continue to maintain your accounts until you notify us otherwise.
2. Bill Pay Fees
  
  For the fees applicable to your Bill Pay service, refer to Section VII --Miscellaneous Fees and Charges.
  
  The Bill Pay monthly fees cover service for the previous month and are effective upon enrollment. Fees will be charged to your payment account, whether or not bill payments are made in the month.
  
  If the payment account has insufficient funds to cover fees, the Bank may deduct the fee from any other checking account linked to Bay-Vanguard Internet Banking (in any order we choose). If the fee cannot be paid, we may cancel Bill Pay. After cancellation, Bill Pay may be reinstated by contacting Bay-Vanguard Internet Banking Customer Service once sufficient funds are available in your account to cover all accrued Bill Pay fees and any other pending transfers or debits.
3. Joint Membership
  
  Each Bill Pay membership can consist of a single member (one person) or joint members (several persons). Each member needs a unique Bay-Vanguard Internet Banking password. The terms of this Internet Banking Access Agreement extend to all members. To have a joint membership, all members must be joint signers on the checking account linked to Bill Pay. Joint members share the same payee list, and are subject to the joint tenancy rules contained in the Account Disclosure Statement for that checking account. Accounts that require two or more signatures are not eligible to be linked to Bill Pay. Any account owner may close the Bill Pay service.
General Terms
1. Changes to Charges, Fees or Other Terms
  
  We reserve the right to change the charges, fees or other terms described in this Internet Banking Access Agreement. When changes are made to any fees, charges, or other material terms we will update this Internet Banking Access Agreement, and either send a notice to you at the address shown on our records, or send you an electronic mail message (E-mail). The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees for online transactions, or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the applicable Account Disclosure Statement.
2. Disclosure of Account Information
  
  You authorize Bay-Vanguard and each of its affiliates to disclose to third parties, agents, and affiliates, such as independent auditors, consultants or attorneys, information you have provided or that we or our affiliates have obtained about your accounts and the transfers you make:
  
  to comply with government agency or court orders or requests; or
  
  to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
  
  where it is necessary for completing transfers; or
  
  to provide services relating to your account or to offer other products and services; or
  
  if you give us your permission.
3. Questions or Error Correction on Online Banking and Bill Pay Transactions
  
  In case of questions or errors about online funds transfers or bill payments made through Bay-Vanguard Internet Banking involving a Bay-Vanguard account, you should do one of the following:
  - Send an E-mail to Bay-Vanguard Internet Banking Customer Service by filling out the appropriate E-mail form accessible after signing on with your password to a secure session.
  - Call Bay-Vanguard Internet Banking Customer Service at 410-547-1088 between 9 AM and 5PM, Monday thru Friday.
  - Write Bay-Vanguard FSB, 1230 Light Street, Baltimore, Md. 21230, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need more information about a transaction listed on the statement or transaction record.
  We must hear from you no later than sixty (60) days after we have sent the first paper or online statement on which the problem or error appeared. If you notify us verbally, we may require that you send us your complaint or question in writing within ten (10) business days.
  
  When you tell us about the problem, please:
  - Tell us your name and account number.
  - Describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need.
  - Tell us the dollar amount of any suspected error.
  - For a bill payment, tell us the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, reference number, and payee account number for the payment in question.
  We will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale purchases, after we hear from you and will correct any error promptly.
  
  If we need more time, however, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. If we decide to do this, we will recredit your account within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, 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 ten (10) business days of this request, we will not recredit your account. If we determine that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation and debit the amount of the error that we previously credited. You may request copies of the documents that we used in our investigation.
  
  If we do not complete a transfer to or from your Bay-Vanguard 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:
  
  If, through no fault of ours, you do not have enough money in your account to make a transfer or bill payment.
  
  If a legal order directs us to prohibit withdrawals from the account.
  
  If your account is closed or if it has been frozen.
  
  If the transfer or bill payment would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts.
  
  If you, or anyone you allow, commits any fraud or violates any law or regulation.
  
  If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly.
  
  If you have not provided us with complete and correct payment information, including without limitation the name, address, account number, and payment amount for the payee on a bill payment.
  
  If you have not properly followed the instructions for using Bay-Vanguard Internet Banking.
  
  If circumstances beyond our control (such as fire, flood or improper transmission or handling of payments by a third party) prevent the transfer or bill payment, despite reasonable precautions taken by us.
4. Other General Terms
  
  Other Agreements - In addition to this Agreement you agree to be bound by and will comply with the requirements of the applicable Account Disclosure Statement, the Bank's rules and regulations, the rules and regulations of any funds transfer system to which the bank belongs, and applicable state and federal laws and regulations. We agree to be bound by them also.
  
  Bay-Vanguard FSB's Right to Terminate this Agreement - The Bank reserves the right to terminate this Internet Banking Access Agreement and your access to Internet Financial Services through Bay-Vanguard Internet Banking, in whole or in part, at any time.
  
  Assignment - Bay-Vanguard may assign this Internet Banking Access Agreement to any now-existing or future direct or indirect subsidiary of Bay-Vanguard FSB. Bay-Vanguard may also assign or delegate certain of its rights and responsibilities under this Internet Banking Access Agreement to independent contractors or other third parties.
Protecting Your Account
1. Preventing Misuse of Your Account
  
  Your role is extremely important in the prevention of any wrongful use of your account. You must promptly examine your statement upon receipt. If you find that your records and ours disagree, you must immediately call Bay-Vanguard Internet Banking Customer Service at 410-547-1088.
  
  Protecting Personal Information - In addition to protecting your account information, you should take precautions to protect your personal identification information, such as your driver's license, Social Security Number, etc. This information by itself or together with information on your account may allow unauthorized access to your account(s). It is your responsibility to protect personal information with the same level of care that you protect your account information.
  
  Taking Care of Your Online Password - The password that is used to gain access to Internet Financial Services through Bay-Vanguard Internet Banking should be kept confidential. For your protection we recommend that you change your online password regularly. We recommend that you memorize this online password and do not write it down. You are responsible for keeping your password, account numbers and other account data confidential. If you believe that your online password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, notify Bay-Vanguard Internet Banking Customer Service at once at 410-547-1088.
  
  Unauthorized Transactions in Your Bay-Vanguard FSB Accounts - Notify us at once if you believe another person has improperly obtained your online password. Also notify us if someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. Only reveal your account number to a legitimate entity for a purpose you authorize (such as your insurance company for automatic payments). To notify us, call Bay-Vanguard Internet Banking Customer Service at 410-547-1088 between 9 AM and 5PM, Monday thru Friday, or write Bay-Vanguard FSB, 1230 Light Street, Baltimore, Md. 21230.
  
  If your online password has been compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your online password without your permission to access a Bay-Vanguard FSB deposit account. If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500.
  
  Also, if your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us at once. If you do not notify us within sixty (60) days after the paper or online statement was sent to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days. If extenuating circumstances, such as a long trip or hospital stay, kept you from telling us, the time periods in this section will be extended.

Miscellaneous Fees and Charges¹

	With Payroll Direct Deposit	No Direct Deposit
Interest rate	See current rate schedule	See current rate schedule
Minimum Average Daily Balance	None	$500.00
One time set up fee	Waived	$5.00
Unlimited bill pay	$4.95 per month	$4.95 per month
ATM²	5 per statement billing cycle free. $1 each over five. There is never a foreign ATM surcharge when you use an M&T Bank ATM. No Bay-Vanguard or M&T Bank fee for balance inquiries.

All charges listed above will be automatically deducted from your account and will appear on your account statement.
1 Normal fees for other accounts may apply. See current Fee Schedule
2 This only refers to fees charged by Bay-Vanguard FSB and Allfirst. Additional fees may be charged by the owner of the ATM. Before using an ATM check the disclosure on the ATM for the amount of any fees.

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