Online Banking Agreement and Electronic Fund Transfer Act Disclosure
1. Welcome to Online Banking; Our Agreement with You.
- The use of Online Banking requires that you read and agree to the terms and conditions of this Online Banking Agreement (“Agreement”). If you choose to not accept this Agreement, by clicking the “I Disagree” button, then you will be returned to the South State Bank home page and you will not be enrolled in Online Banking. Any use of Online Banking by you or anyone you authorize is your acknowledgment that you have read, understand and agree to all terms and conditions of this Agreement. If you do not agree to the terms and conditions in this Agreement, do not register for Online Banking or any Bill Payment Service.
- By entering into this Agreement, you agree not to use Online Banking to conduct any business, activity or solicit the performance of any activity that is prohibited by law, or any contractual provision by which you are bound. You agree to comply with all applicable laws and regulations in connection with our Online Banking.
2. Consumer Protection Provisions; Provisions Not Applicable to Non-consumer Accounts.
- Consumer Account Provisions. Certain provisions of this Agreement apply only to Consumer Accounts, as defined below. The consumer protection provisions of the federal Electronic Funds Transfer Act and Regulation E apply only to electronic fund transfers involving Consumer Accounts. Please refer to the Regulation E Initial Disclosures in the Deposit Agreement for more information.
- Non-consumer Accounts. If your Accounts are owned by an entity other than a natural person or was established primarily for business, commercial or agricultural purposes, then any Online Banking electronic fund transfer will be considered an “authorized use,” and your liability for any Online Banking transaction relating to that Account will be unlimited, notwithstanding the provisions of the Electronic Fund Transfer Act, Regulation E, or any standardized literature or disclosures we may send you.
3. Definitions of Terms used in this Agreement.
- “Bank,” “we,” “our,” and “us,” refer to South State Bank.
- “You” and “your” refer to any person that is a signer on an Account or a representative who has the authority to access the Account through Online Banking
- “Account” or “Accounts” refer to your deposit and loan accounts established at the Bank, including lines of credit
- “Business day” means any day Monday through Friday, except bank holidays.
- “Bill Payment Service” means the bill payment service and electronic bill presentment service that you select in addition to Online Banking.
- “Consumer Account” means a checking or savings Account established by an individual primarily for personal, family or household purposes.
- “Electronic message” means an electronically transmitted message that allows the text to be displayed on equipment in the recipient’s possession (such as a modem-equipped personal computer). An electronic message is considered written notice for purposes of this Agreement.
- “Mobile Device” means a mobile phone or tablet.
- “Online Banking” means the internet-based banking service provided by the Bank through this Agreement.
- “Password” is the secret word or phrase that you select.
- “Transfer Instructions” are instructions you give us through Online Banking to transfer funds between Accounts you can access through Online Banking.
- “Username” means the unique username that you select when establishing your Online Banking relationship with us.
- “Website” refers to our Online Banking website which is found at http://www.southstatebank.com
4. Minimum Hardware and Software Requirements to Use Online Banking. To use Online Banking, you need:
- A personal computer or internet-enabled Mobile Device with sufficient storage capacity, operating system and connection to the internet.
- The following internet browsers that support 128-bit encryption: Microsoft Internet Explorer version 11.0, Microsoft Edge, Apple Safari 6.0, 7.0 or 8.0, Google Chrome, Mozilla Firefox, or Opera.
- A valid e-mail address on file with us, and e-mail software capable of interfacing with standard e-mail protocols.
- Adobe Acrobat Reader is required to view all electronic disclosures. Click here to download a free copy.
- In order to access Online Banking through your Mobile Device (referred to as “mobile banking”), in addition to the above requirements you must download our App or access Mobile Banking through the internet browser on your Mobile Device. In addition, you must have SMS text messaging capability to access certain features. Not all Online Banking features are available through your Mobile Device. Refer to the Terms and Conditions of Mobile Banking Services for additional information.
We may update these requirements at any time in our sole discretion. You are solely responsible for having the required hardware and software and for securing an internet service provider. You also are responsible for any and all fees relating to communications carriers (e.g., telephone, cable, DSL or satellite), software providers (other than software that we may provide you) and/or internet service fees that may be assessed by your communications carrier and/or internet service provider.
5. Access to Online Banking. In addition to the hardware and software requirements above, in order to access Online Banking you must have an Account with us and must establish a Username and Password. Once you have completed the first time log-in screen, you will be asked to reset your Password. Thereafter, you may change your Password at any time. We recommend that you change your Password regularly and memorize it. Do not write it down. It is your responsibility to remember your Password; we do not maintain a record of it. Your Password should be 8-17 characters, consisting of at least one uppercase, one lowercase and one number or character (for example, @, %, &, #). You are able to reset your Password through Online Banking or by contacting our South State Bank Customer Care Center at 1-800-277-2175 during business hours: Monday through Friday 8:00 a.m. – 7:00 p.m., Saturday 8:00 a.m. – 3:00 p.m.
6. Electronic Disclosures and Communications; E-Sign Act Consent and Withdrawal of Consent.
- Consumer Accounts. The Electronic Signatures in Global and National Commerce Act (“E-Sign Act”) gives consumers certain rights relating to electronic disclosures, notices, agreements, and other electronic records and communications (collectively, “electronic information”). You must affirmatively consent to receive this information electronically, and by clicking “agree,” “consent,” or otherwise making a similar indication of consent in connection with this agreement or other electronic information, you are consenting to receive electronic information. Your consent will apply to Online Banking and your other banking relationships with us. You have the option to receive this information on paper even after your consent (by calling 1-800-277-2175—see item b below titled “All Accounts” for more complete information). There is no charge for paper copies of this information. You also have the right to withdraw your consent to receive electronic information at any time (see item b below titled “All Accounts” for the address for sending notice of withdrawal).
See Section 4 of this agreement for the minimum hardware and software requirements for you to receive electronic information. You must notify us at 1-800-277-2175 if your e-mail address changes so that you may continue to receive certain electronic information by e-mail. Even when you have consented to receive electronic information, we may still provide certain information in paper form in our discretion and in accordance with law.
- All Accounts. Unless otherwise required by applicable law or pursuant to your written request, in the event that we are required to provide a notice or other communication to you in writing, that notice or other communication may be provided to you electronically, including by sending it to your e-mail address as reflected in our then current records. You agree that we may send or otherwise provide notices and information about our products or services to you electronically, to the extent allowed by law and subject to item (a) above titled “Consumer Accounts.”
Any notice we give you concerning Online Banking and/or your Accounts is effective when we send you an electronic message or when we mail or deliver the notice to you at the address we have for you in our Account records. Any notice we send you will be deemed to have been received by you within three days of being sent. If any of your Accounts has more than one co-owner, notice to any one co-owner will be considered effective notice to all. You may request a paper copy of the information up to sixty (60) days after receiving our electronic message. Subject to applicable law, updates to this Agreement, as well as all disclosures, notices and other communications regarding Online Banking will be provided to you within our Online Banking website. You can obtain free copies of any of these documents by contacting our South State Bank Customer Care Center at 1-800-277-2175 during business hours: Monday through Friday 8:00 a.m. – 7:00 p.m., Saturday 8:00 a.m. – 3:00 p.m.
You will continue to receive all of the paper Account statements and similar Account material that you currently receive by mail, unless you are enrolled in eStatements. If you wish to withdraw your consent to receive communications provided in electronic form, you must notify us in writing at Attn: Online Banking P.O. Box 118068 Charleston, SC 29423 or by fax at 803-516-0973. Further information regarding e-mail and secure messaging is set forth below. You agree that these are reasonable procedures for sending and receiving electronic communications.
7. Use of Your User ID and Password. When you sign onto Online Banking using your Username and Password, you authorize us to follow the instructions we receive relating to your Accounts and to charge and credit your Accounts according to those instructions. Because your Username and Password are the principal security measures to protect access to your Accounts, you agree to keep all Username and Password information confidential and to take all reasonable precautions to protect the secrecy of this information. You acknowledge that no person from the Bank will ever ask for your Password and that our employees do not need and should not ask for your Password. You therefore agree never to provide your Password to anyone claiming to represent us. If you give your Username or Password or make it available to another person, you authorize that person to access your Accounts through Online Banking and to give the Bank instructions relating to your Accounts as an authorized user. You also authorize us to comply with those instructions even if that person exceeds your authorization. The Bank has no responsibility for establishing the identity of any person who uses your Password. You agree that you are liable for any transaction received by the Bank that includes your Password.
Except to the extent prohibited by applicable law or regulation, you will be deemed to have expressly authorized any Online Banking transaction facilitated through the Website:
- initiated by you, at your direction, with your Username and Password, or with your consent (whether expressed or implied),
- initiated by an agent with respect to any Account which you may access through Online Banking,
- initiated by a member of your household, whether or not related to you,
- initiated by any person (or that person’s agent) who is the owner or co-owner of any Account which you may access through Online Banking,
- which results in the transfer of funds between Accounts you may access through Online Banking, even if subsequent transfers out of the Accounts benefit someone else,
- which is to or for your benefit (for example, the payment of a debt for which you are partially or fully liable), or
- which you contend is unauthorized, unless you cooperate fully with us in our investigation of the transaction, assign to us your right of recovery against the wrongdoer if we reconstitute your Account, and cooperate fully with us in the recovery of any loss we sustain and the prosecution of any wrongdoer.
Any person initiating the foregoing transactions will be deemed an authorized user except to the extent prohibited by applicable law or regulation.
- Security; Reliance on Your Instructions. You understand the importance of your role in preventing misuse of your Accounts through Online Banking and you agree to promptly examine your periodic paper and/or electronic statement for each of your Bank Accounts as soon as you receive it. You agree to protect the confidentiality of your Account and Account number, your Username and Password, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself or together with information related to your Account may allow unauthorized access to your Account. Your Username and Password are intended to provide security against unauthorized entry and access to your Accounts. Data transferred via the online banking system utilizes identification technology to verify that the sender and receiver of the System transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the System is secure, you acknowledge that the internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Bank System, or e-mail transmitted to and from us, will not be monitored and read by others. We recommend that you use the secure messaging feature within the Online Banking system.
We will rely and act on instructions we receive through Online Banking. You are responsible and liable for those transactions to the extent allowed by law and as provided in this Agreement and all of our Other Agreements with you. All such instructions will be considered as having been given to us directly by you and shall have the same authority as your written signature in authorizing us to comply with the instructions. You agree that you have been provided with a disclosure of the security procedures that will be used to authenticate transactions through Online Banking. You agree that those security procedures, including without limitation the use of the Username, Password, and identification technology as described herein, are commercially reasonable security procedures for the Online Banking services you utilize and that we may rely upon any instructions we receive upon authentication using these agreed upon security procedures. We may update the security procedures at any time in our sole discretion. Your implementation and use of the revised security procedures constitutes your agreement to the changes and your agreement that the procedures are commercially reasonable.
9. Virus and Other Protection. You are responsible for taking and maintaining security precautions to protect your computer, data, and system. You agree that we are not responsible for any electronic virus, spyware, or malware that you may encounter using Online Banking. We encourage you to routinely scan your PC, Mobile Device, and diskettes using any up-to-date, reliable virus, spyware, and malware protection product to detect and remove any virus, spyware, and malware found. Undetected or unrepaired, a virus, spyware, or malware may corrupt and destroy your programs, files and even your hardware. You are responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to your operating systems, and for protecting, securing and backing up any data and information stored in or on your operating systems. We are not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on your operating systems or accessed through an internet connection.
10. Transfers You May Make Using Online Banking. You can make the following transfers using Online Banking
- Transfers Between Deposit Accounts – You can transfer funds between your deposit Accounts with us (i.e., checking or savings Accounts).
- Transfers from Your Deposit Accounts to a Loan Account – You can transfer funds from a deposit Account to a loan Account to make loan payments.
- Transfers from Lines of Credit – Excluding Ready Reserve, if you have a line of credit with us, you may use Online Banking to obtain an advance on that line, within your credit limit, and deposit it to a deposit Account.
- Bill Payments – If you sign up for the Bill Payment Service, you may pay bills directly from your deposit Accounts in the amounts and on the days you request. Bill Payment Service transactions are processed by one or more third party service providers which we have engaged to render the service on our behalf.
- Transfers Outside South State Bank to Accounts you Own at Other Banks (“Bank to Bank Transfers”) – Other than with respect to Serviced Mortgage Loan accounts (as defined below), for consumer deposit accounts, you may transfer funds to and from your South State Bank Accounts to/from your accounts at other financial institutions in the United States, including brokerage accounts. International transfers are not supported. For purposes hereof, the term “Serviced Mortgage Loan” means any loan serviced on Bank’s behalf by Dovenmuehle Mortgage, Inc.Popmoney (Person-to-Person Payment Service) – For consumer deposit Accounts, if you enroll in the Bill Payment service, you may initiate a payment to a party maintaining a deposit account at an institution within the United States or you may receive a payment from a third party within the United States.
- Transfers from Loans – In the future, we may offer the capability of making transfers of loan funds to your deposit Accounts. If we do offer the feature, you will be told when you obtain the loan.
Your use of Online Banking to conduct these services is subject to the terms and limitations stated in this Agreement, any other applicable agreement, and the applicable instructions and disclosures we provide you. This Agreement, our Other Agreements with you, and our disclosures may limit your ability to initiate transactions, including limits or restrictions on the number and dollar amount or types of transactions that we may from time to time impose. As new services become available, by your use of such services, you agree to be bound by this Agreement and amendments to this Agreement regarding the new services and any additional rules which we provide you concerning the new services.
11. Accounts You May Access – Deposit Accounts and Linked Credit Lines and Loans. Subject to any restrictions we may impose from time to time, you may access any of your deposit Accounts at the Bank through Online Banking. All deposit Accounts and line of credit Accounts on which you are an Account owner, authorized signer or borrower may be linked. If you have a line of credit (e.g., overdraft protection), you agree that the available portion of a line of credit, except for Ready Reserve, may be accessed through Online Banking. You understand and agree that the provisions of the agreement relating to your line of credit will govern overdrafts, automatic advances to maintain the minimum balance necessary to avoid Account service charges, and direct advances resulting from your use of Online Banking. If your Consumer Account shares a Username with a business account on which you are an authorized signer, you acknowledge and agree (i) the business account user(s) may view the Consumer Account information and initiate transactions from your Consumer Account; (ii) the Consumer Account user(s) may view the business account information and initiate transactions from your business account; (iii) you will continue to use the business account solely for business purposes and not for personal, family, or household purposes; and (iv) your liability for transfers from business accounts remains unlimited, notwithstanding any agreements or disclosures governing your Consumer Account.
12. Online Banking Provides You with Current Account Information. By using our Online Banking, you can get Account information conveniently and immediately on your Account. Balance information shown for your deposit Accounts is for the “Current Balance” as of the date and time you check your deposit Account information through Online Banking. The Current Balance is the balance less any holds and includes certain debits and credits which have taken place since the close of the previous banking day, for example, ATM deposits and withdrawals, cash deposits, wire transfers and other online activity. Transaction history information is available for your current statement cycle plus the previous statement cycle.
13. Email; Text Alerts.
- Email and Secure Messaging. Conventional e-mail is not a secure method of communication, and we strongly recommend that you not send confidential information, such as account numbers and other financial information, using e-mail. You acknowledge that you understand the risk of using e-mail and that we are unable to guaranty the authenticity, privacy or accuracy of information received or sent via e-mail or to monitor the authorization of persons using your e-mail address. E-mail messages sent to the Bank are the property of the Bank and we reserve the right to delete such messages from the Bank’s system from time to time. When you enroll in Online Banking, you will have access to our secure messaging system in which we may exchange messages. You agree to keep your e-mail address current at all times. Some of the information exchanged between the secure messaging system is confidential in nature, and you agree to maintain the confidentiality of such information. In our e-mails to you, we may also include information about Online Banking services which may be of interest to you. We will not send you e-mail requesting confidential information such as your Account number, Username, or Password. If you are contacted by anyone requesting this information, do not provide it and contact us immediately. You understand and agree that we may not immediately receive any e-mail and that we are not responsible for acting on any e-mail until we have received and had a reasonable opportunity to respond. If you believe an unauthorized person has obtained access to your e-mail account, you agree to immediately contact us so we can take steps to cease e-mail communications to you at that address. You agree that we have no obligation to monitor any e-mail address or access device utilized by you or the source of any communication received from your e-mail address. You agree to release us, indemnify us, and hold us harmless from any claim or liability resulting from or connected to any communications sent or received using e-mail.
- Alerts. You may set alert messages (“Account Alerts”) regarding your Online Banking Account(s) by completing our Account Alerts enrollment process. Via the enrollment process, you will set the Accounts and types of Account Alerts you wish to receive. In addition, we may send you Account Alerts automatically for security purposes when, for example, changes are made to your online Username, Password, e-mail address, or other credentials or when we have suspended or terminated access to your Account. We may change, suspend, or terminate the Account Alerts service at any time without prior notice. As part of enrollment, you must designate an e-mail address and/or mobile phone number to which the Account Alerts will be delivered. By enrolling, you consent to delivery of the Account Alerts to the e-mail address and/or mobile phone numbers you designate, and you are responsible for any charges and fees imposed by your cellular phone service and internet service provider. You must notify us of any changes to any e-mail address or mobile phone number provided by you for Account Alerts and, upon notifying us of any changes, we will have a reasonable time make such changes. We will not include your full Account number in Account Alerts, however, you understand and acknowledge that Account Alerts may contain information regarding Account balances, transactions, and other confidential information. You understand that anyone with access to the e-mail address or mobile phone provided for Account Alerts may be able to access this information. It is your responsibility to secure and protect your e-mail, mobile phone, computer, and Username and Password in order to protect the confidentiality of information contained in Account Alerts. We do not guarantee the delivery or accuracy of Account Alerts and shall not be liable for any (i) delay in delivery, failure to deliver, or mis-delivery of an Account Alert; (ii) any errors contained in an Account Alert or any incomplete information contained in an Account Alert; or (iii) any action or inaction you or anyone else takes in reliance on an Account Alert.
14. Internal Transfers with Other South State Bank Accounts. Subject to any applicable transfer limitations, Online Banking permits you to transfer funds from a deposit Account to any other deposit Account, from a deposit Account to a loan Account to make payments, and from the available portion of your line of credit (except for Ready Reserve) with us to a deposit Account. For your purposes, the term “deposit Account” includes checking, savings, time deposit and IRA accounts. In the future, Online Banking may also permit you to transfer loan funds from a loan to a deposit Account. Online Banking allows you to choose when and how often a transfer should occur. You can choose for the transfer to occur (a) on the same day (“Same Day Transfers”) or (b) at some point in the future (and to even recur) (“Recurring/Future Dated Transfers”). The “transfer date” is the date you enter for the transfer of funds from one Account to another.
- Same Day Transfers. A Same Day Transfer is a one-time transfer of funds for immediate use. A Same Day Transfer that transfers funds (i) from a deposit Account to another deposit Account, line of credit or loan Account or (ii) from a line of credit or loan Account (when available) to a deposit Account will generally be credited on the transfer date if (Y) the transfer date is a Business Day and (Z) we receive your instruction to transfer the funds to your deposit Account, loan Account or line of credit no later than 8:30 p.m. Eastern Time on the transfer date.For example, if you transfer funds from Account 1 to Account 2, the funds will be debited from Account 1 and credited to the available balance in Account 2 on the transfer date as long as the transfer request is made on a Business Day prior to 8:30 p.m. As a result, the funds will be available immediately upon the transfer for withdrawal from Account 2 through an ATM or debit card transaction or at a teller window, and will also be available to honor checks or other items presented for payment against Account 2 in the nightly processing following the transfer. If we receive your transfer instructions after 8:30 p.m. Eastern Time, we will credit the transferred funds to your Account as of the next Business Day following the date you initiated the transfer.
- Recurring/Future Dated Transfers. A Recurring/Future Dated Transfer allows you to choose when the transfer should occur in the future and how often, such as a one-time transfer on the 15th day of a particular month or a recurring transfer on the 15th day of every month. A Recurring/Future Dated Transfer (i) from a deposit Account to a different deposit Account, a loan Account or a line of credit or (ii) from a line of credit or a loan Account (when available) to a deposit Account may take up to one (1) Business Day after the Recurring/Future Dated Transfer date to credit to such Account.For example, you initiate a Recurring/Future Dated Transfer to occur on the 15th day of each month. If the Recurring/Future Dated Transfer transfers funds from Account 1 to Account 2 on the 15th, we will debit Account 1 on the 15th and will credit Account 2 up to one (1) Business Day later. As a result, the funds may not be available in Account 2 for any purpose until one (1) Business Day following the Recurring/Future Dated Transfer date. If a Recurring/Future Dated Transfer date is a non-Business Day, then we will transfer the funds on the first Business Day following the Recurring/Future Dated Transfer date (the “actual transfer date”) and will credit the appropriate Account up to one (1) Business Day following the actual transfer date.
15. Bank to Bank External Transfers. Subject to any applicable limitations (discussed below), Online Banking and Mobile Banking permit you to transfer funds between your deposit accounts and loan accounts (excluding Serviced Mortgage Loans) at South State Bank and your accounts at other financial institutions in the United States. You are responsible for enrolling and verifying your non-South State Bank accounts that you wish to use for these transfers. You agree that you will attempt to enroll accounts only for which you have the authority to transfer funds. Bank to Bank External Transfers can be initiated on either a one time or recurring basis. South State Bank cannot guarantee the transfer or return of funds if another financial institution does not respond in a timely manner. We may make any Bank to Bank External Transfers through any payment system or Automated Clearing House processor selected by us. You agree that Bank to Bank External Transfers made through any Automated Clearing House processor are subject to the National Automated Clearing House rules.
Types of Transfers. You may elect make one of the following transfers:
- Outbound Transfers. Outbound transfers are transfers from your South State Bank Account (excluding Serviced Mortgage Loan accounts) (“From Account”) to your account at another financial institution in the United States (“To Account”).
- Inbound Transfers. Inbound transfers are transfers to your South State Bank Account (excluding Serviced Mortgage Loan accounts) (“To Account”) from your account at another financial institution in the United States (“From Account”).
Delivery Speeds. For each Outbound and Inbound Transfer, you may elect one of the following delivery options:
- Standard Delivery. If your request is submitted prior to the cut-off time, the From Account will be debited on the Business day after you initiate the processing of the transfer and the To Account will be credited on the third business day after the transfer is initiated. Standard Delivery is available for one time or recurring transfers.
- Next Day Delivery. To use Next Day Delivery, you must meet the Next Day Delivery qualification requirements listed on http://www.southstatebank.com. We reserve the right to change the qualification requirements at any time without prior notice. If you meet the qualification requirements and provided your request is submitted prior to the cut-off time, funds will be debited and credited on the Business day after you submit the transfer. Next Day Delivery is available for one time or recurring transfers.
Limitations. Bank to Bank Transfer services are generally available 24 hours after you have enrolled in Online Banking. Bank to Bank Transfers are subject to limitations on amount and frequency established by us. Generally, you are limited to an aggregate daily limit of $3,000 and an aggregate monthly limit (rolling 30-day basis) of $6,000 for Standard Delivery and an aggregate daily limit of $2,000 and an aggregate monthly limit of $5,000 (rolling 30-day basis) for Next Day Delivery. We may vary these limitations in our sole discretion at any time and will provide notice for any decrease in the transaction limits. In addition, even if the proposed transfer is within the limits applicable for your Account and selected delivery, we may (but are not obligated to) refuse or cancel a transfer or disable the services if: (i) any of your deposit Accounts with us are not current or in good standing; (ii) you have two (2) overdrafts or items returned for insufficient funds within a thirty (30) day period or (1) one overdraft or item returned for insufficient funds if the amount of such item is over $500; (iii) you had any prior transfer cancelled, revoked or uncompleted due to stopped payments, being over the limits set on the Account, frozen accounts, fraud, or similar reason; or (iv) in our sole discretion we determine that you have abused the service. In addition, we must receive your instruction to initiate a Bank to Bank Transfer prior to the applicable cutoff time on the day the transaction is scheduled to be processed.
Cut-off Time. The cut off time for Standard Transfers is 1:00 a.m. ET. For example, if Monday and Tuesdays are both business days, you can request a Standard transfer Monday up until 1:00 a.m. ET Tuesday. The cut off time for Next Day Transfers is 8:00 p.m. ET. If we do not receive your instruction before the applicable cut off time, we may process the transaction on the next Business Day.
Canceling a Bank to Bank Transfer. Transfers that are in pending status can be cancelled within Online Banking. However, if the transfer status is in process or completed, you can no longer cancel it. If you need assistance, please contact us.
Fees. Bank to Bank Transfers are subject to the applicable fees set forth in our Fee Schedule.
16. Limitations on Transactions. In addition to all other limitations set forth herein, for savings and money market Accounts, applicable federal regulations impose certain limits to pre-authorized, automatic, and telephone transfers (including online transfers) to six per statement cycle. Loan payments to us are not included in these limits. For security reasons, we may impose additional limits on the frequency, number, and dollar amounts of transactions you can perform using Online Banking. In addition, as noted herein, we reserve the right to refuse to pay any person or entity to which you may direct a payment through Online Banking. We will notify you promptly if we decide to refuse to pay a person or entity designated by you; however, this notification is not required if you direct us to make any payment which is otherwise prohibited under your agreements with us.
17. Overdrafts. If your use of Online Banking overdraws your deposit Account and the overdraft is not covered by an approved line of credit relating to the overdrawn Account, you agree to make immediate payment to us of the amount of any such overdraft, together with related service charges as disclosed in our Fee Schedule.
18. Preauthorized (Recurring) Payments.
- Right to Stop Electronic Payments and How to Do So. If you have told us in advance to make regular payments out of a deposit Account, you can stop these payments. Here’s how:
- Call us or write us at Attn: Online Banking P.O. Box 118068 Charleston, SC 29423 in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we require to you put your request in writing and get it to us within 14 days after you call, or visit a local branch. We do not charge a fee to stop recurring electronic payments initiated though Online Banking.
- This does not apply to regular scheduled payments that you have set up with another company to draft out of your Account. You must contact the company who is drafting your Account to stop those types of payments.
- Notice of Varying Amounts. If these regular payments may vary in amount and are made from a Consumer Account, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be.
- Liability for Failure to Stop Payment of Preauthorized Transfer (for Consumer Accounts Only). If we receive a signed confirmation from you to stop one of these electronic payments from a Consumer Account three Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
19. Stopping Payment of Checks.
- You may also use Online Banking to stop payment of a check you have written on your deposit Account. Any stop payment request must precisely specify the Account number, the check number, and the amount, date and payee of the check. You acknowledge that if you provide us with incorrect information, even if the information is a close approximation of the actual information, we will not be liable for payment of the check. The check stop payment order must be given in the manner required by law and must be received by us in such a time and manner as to afford the Bank a reasonable opportunity to act on it. Without limiting the foregoing, we will not be liable for cashing a check within one Business Day of receiving a stop-payment order for the check.
- A check stop payment order will automatically expire six (6) months after receipt unless you renew it by completing a new check stop payment order. Only the person who initiated the check stop payment order can cancel it by coming into the branch and signing a release form. Your initial sign-in using your Username and Password will serve as authorization in regard to an online check stop payment order.
- Stop payment orders through Online Banking will only be accepted on checks written on Consumer Accounts. There is a fee for each Online Banking check stop payment request. The fee will be charged automatically to your deposit Account the same day the stop payment is placed on the system. Online Banking cannot be used to stop payment on a cashier’s check. For stop payment orders on business Accounts or cashier’s checks, please contact our South State Bank Customer Care Center at 1-800-277-2175 or visit your local branch to complete necessary paperwork.
20. Bill Payment Service. Through Online Banking and Mobile Banking, you can access the Bill Payment Service that will allow you to electronically pay third parties. In order to access the Bill Payment Service, you must enroll and agree to the Terms of Service for the Bill Payment Service and Popmoney (“Terms of Service,” which supplement this Agreement and are incorporated herein by reference. Your use of the Bill Payment System constitutes your acceptance of the Terms of Service. The Terms of Service are also accessible anytime within Online Banking. You can access the Terms of Service by selecting the Billpay link at the top of the Online Banking page. Then scroll down and select the link titled “View Terms & Conditions.” Bill payments you schedule with the Bill Payment Service will be debited to your deposit Account in accordance with the Terms of Service. The fees and charges imposed for the Bill Payment Service, as well as other expenses you may incur, will be charged against your deposit Account. You hereby authorize us to cause these fees and charges to be debited to your deposit Account when you use the service. In addition, any Bank fees associated with your Accounts will continue to apply, and you also authorize the Bank to debit your deposit Account for any ancillary charges that the Bank incurs on your behalf in connection with your use of the Bill Payment Service. Any item that you authorize for payment through the Bill Payment Service that is returned for insufficient funds in your deposit Account may be subject to a fee as disclosed in the Bill Payment Service interface in addition to our returned item NSF/overdraft fee. For security purposes, we may limit the amounts of any payments made through the Bill Payment Service. For additional information regarding limitations and the conditions of the Bill Payment Service, refer to the Terms of Service.
21. Popmoney (Person-to-Person Payments) Service. We offer a person-to-person payments service using Popmoney through which you may send payments to, or receive payments from, any person who maintains an eligible account with a financial institution. In order to use the Popmoney service, you must first enroll in the Bill Payment Service. Your use of the Popmoney service is governed by the Terms of Service. You should review the Terms of Service for information about any fees related to transfers or stop payments, as well as limitations, restrictions, or other terms applicable to your use of the Popmoney service. In addition, if you enroll in the Popmoney service, you agree to be bound by the on-screen instructions and enrollment materials provided in connection with the service. The maximum amount of payments you initiate and receive using the Popmoney service is limited and, upon enrollment for the Popmoney service, you may use the Popmoney application on our Online Banking website or within Mobile Banking to view your transaction limits. We may, in our sole discretion, change the limits on the amount of money you can send or receive via the Popmoney service. For additional information regarding the Popmoney service, including without limitation provisions governing use of the service for sending and receiving payments, procedures for the cancellation of payments, and limitations on the service, please refer to the Terms of Service.
22. Personal Cash Management Software.
- Online Banking allows you to import transaction information into any personal cash management software you use, such as Quicken®, Microsoft® Money, or QuickBooks®. If you require help setting up Quicken® access http://www.intuit.com. Help with Microsoft® Money is available at http://www.microsoft.com.
23. Mobile Deposit Capture.
- Description of Service. The Mobile Deposit Capture service (“Mobile Deposit Capture” or “MDC”) provides you the ability to access and make deposits to your designated eligible Accounts using a mobile device (such as a smartphone or tablet) with a camera (referred to herein as a “Capture Device,” as further defined below). The Mobile Deposit Capture service enables you to use a compatible Capture Device to scan an image of original paper checks (“Original Checks”) that are drawn on or payable through United States financial institutions (each a “Check Image”) and to electronically submit the Check Image and associated deposit information to South State from your home or other remote locations using the MDC services for deposit into a designated eligible Account for collection thereafter by South State. As used in this Agreement, a “Capture Device” means any device acceptable to us that provides for the capture of Check Images and for transmission through the clearing process.
- Requirements to Use MDC. This Section governs your use of the Mobile Deposit Capture Service, in addition to all other terms of this Agreement and the Deposit Agreement for the applicable deposit Account. To the extent there is a conflict between the Deposit Agreement or any other agreement with us and this Section, this Section controls with respect to your use of the Mobile Deposit Capture Service. In addition, your use of the Mobile Deposit Capture service is subject to the following requirements:
- To access the Mobile Deposit Capture service, you must have or acquire and maintain a compatible Capture Device and a wireless plan from a compatible wireless carrier. You must also download the South State Mobile App. You are responsible for all costs of operating the Capture Device, including without limitation all cellular and internet service charges. The Mobile App will automatically push any updates or patches for the Mobile Deposit Capture service. You are responsible for updating the Mobile App when prompted to do so. You agree to implement and maintain internal security controls to protect the Capture Device and any confidential information thereon. You shall be solely responsible for protecting against unauthorized access to the Capture Device and from all losses and damages arising from any unauthorized access to the Capture Device. If you suspect your Capture Device has been lost or stolen, you must notify South State immediately by calling 1-800-277-2175.
- You may scan and submit Check Images for deposit to South State within the dollar limits (“Deposit Limits”) established by South State. The current daily dollar limit is $2,500.00. South State reserves the right to limit the frequency and dollar amount of deposits submitted through the Mobile Deposit Capture service. If you exceed the Deposit Limits, South State may in its sole discretion accept or refuse the Check Image deposit. If at any time South State accepts a Check Image deposit that exceeds the Deposit Limits, South State will have no obligation to do so in the future. South State may at any time at its sole discretion raise or lower Deposit Limits.
- By requesting access to the Mobile Deposit Capture service, you authorize South State to provide you with access to all of the eligible Accounts you designate to participate in the Mobile Deposit Capture service. The following Account types are currently eligible for the Mobile Deposit Capture service: checking, savings, and money market Accounts.
3. Deposit Cutoff and Funds Availability. Generally, Check Image deposits received prior to 8:00 p.m., Eastern Time are processed on the Business day of receipt. Any Check Image deposit received after this time or on Saturdays, Sundays, and bank holidays will be processed on the next Business Day.
You agree that check images transmitted through the Mobile Deposit Capture service and the funds from deposits through the Mobile Deposit Capture service are not subject to the funds availability requirements of Regulation CC, 12 C.F.R. pt. 229. Deposits made through the Mobile Deposit Capture service are generally available for withdrawal three (3) business days after the date of deposit into your account. However, we reserve the right to delay availability based on such factors as the length and extent of your relationship with us, transaction and experience information, when we believe an item will not be paid, when you redeposit a check that has been returned unpaid, when you have overdrawn your Account repeatedly in the last six months, due to circumstances outside of our control such as an emergency or failure of computer or communications equipment, or such other factors as South State, in its sole discretion, deems relevant. If a hold is applied to a deposit, South State will notify you via e-mail and advise when the funds will be available.
Any credit to your Account is provisional and remains subject to final payment of the checks. You remain liable to South State for any returns, dishonor, errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against South State with respect to the items deposited
4. Receipt of Images; Rejection of Images. South State reserves the right to reject any item transmitted through the Mobile Deposit Capture service, at our discretion, without liability to you. South State is not responsible for items we do not receive or for images that are dropped during transmission. Scanning and submitting Check Image deposits does not constitute receipt of the deposit by South State. A Check Image will be deemed received when the Deposit History within the Mobile Deposit Capture App displays the status as “pending.” South State will send an e-mail notice to you if your Check Image deposit is rejected in whole or in part within three (3) business days of deposit. You may verify receipt and the amount of your Check Image deposit credited to your Account by reviewing the Deposit History within the Mobile Deposit Capture App or by calling us at 1-800-277-2175. Acknowledgment that your Check Image deposit has been received by South State does not mean that the Check Image deposit was received error free or complete or that it will be considered a deposit and credited to your account.
5. Errors. You agree to notify South State of any suspected errors regarding items deposited through the Mobile Deposit Capture service right away, and in no event later than 60 days after the applicable South State account statement is sent. Unless you notify South State within 60 days, such statement regarding all deposits made through the Mobile Deposit Capture service shall be deemed correct, and you shall be precluded from bringing a claim against South State for any such alleged error.
6. Limitations of Service. South State’s ability to provide the Mobile Deposit Capture service is conditioned upon the availability of the wireless or computer services and systems used in transmitting your requests and South State’s response. South State shall not be liable or responsible for any loss or damage incurred due to the failure or interruption of the Mobile Deposit Capture service, wireless or computer services, or systems, resulting from the act or omission of any third party or other causes not reasonably within South State’s control. In the event the Mobile Deposit Capture service is unavailable for any reason, items may be deposited by alternate methods such as in person or by mail including a completed Account deposit slip. We reserve the right to change, suspend, or discontinue the Mobile Deposit Capture service, in whole or in part, or your use of the Mobile Deposit Capture service, in whole or in part, immediately and at any time without prior notice to you.
7. Eligible Items. You agree that you will use the Mobile Deposit Capture service to scan only Original Checks payable to and properly endorsed by you, drawn on financial institutions in the United States with a valid ABA/Routing Number, denominated in U.S. Dollars, and intended for deposit by you to your designated Account with South State. All other items may be deposited by alternate methods such as in person or by mail including a completed Account deposit slip. You agree that you will not use the Mobile Deposit Capture service to scan and deposit any checks or other items as shown below, which shall be considered ineligible items:
- Check Images items payable to any person or entity other than you;
- Check Images of items drawn on banks located outside the United States;
- Check Images of items not payable in United States currency;
- Check Images that are illegible or otherwise do not meet the image quality requirements set forth below;
- Check Images that contain an alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
- Images of checks previously converted to Substitute Checks (as defined by The Check Clearing for the 21st Century Act and its regulations (“Check 21”));
- Check Images with unreadable magnetic ink character recognition (“MICR”) information;
- U.S. Postal Money Orders;
- U.S. Savings Bonds;
- Traveler’s Cheques;
- Money Orders;
- Convenience checks or checks drawn on a line of credit; and
- Checks that are not acceptable for deposit into the Account as provided in the Terms and Conditions for the deposit Account.
You understand that South State is not obligated to accept for deposit any Check Image that South State in its sole discretion determines to be ineligible for the Mobile Deposit Capture service, and South State is not liable to you for rejecting any check or image transmitted by you. South State further reserves the right to charge back to your account at any time, any item that we subsequently determine was ineligible. You agree that South State is not liable for any loss, costs, or fees that you may incur as a result of our chargeback of an ineligible item. If you deposit any Check Image that is ineligible for the Mobile Deposit Capture, you agree to indemnify and reimburse South State for, and hold South State harmless from and against, any and all losses, costs and expenses (including reasonable attorneys’ fees) South State may incur associated with any warranty, indemnity or other claim related thereto.
8. Endorsements You agree to include in your endorsement the words “South State Bank Mobile Deposit on [MM/DD/YY]” or as otherwise instructed by South State.
9. Image Quality; Processing. You are responsible for the image quality of the Check Image you transmit. Each Check Image must include the front and back of the check, and the following information must be readable: amount, payee name, drawer signature, date, check, number, account number, routing and transfer number, MICR line, and any endorsement or other information written on the check. The quality of any Check Image must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. You acknowledge and agree that even if South State does not identify a Check Image as ineligible, the Check Image may be returned to South State because, among other reasons, the Check Image or any Substitute Check created from the Check Image is deemed ineligible by the financial institution upon which it is drawn or any intermediate collecting financial institution. South State’s failure to identify a Check Image you transmit to us as ineligible shall not preclude or limit your obligations. You authorize us to process any Check Image you send to us or convert a Check Image to a Substitute Check, as defined by Check 21.
10. Returned Items. You are solely responsible for any checks or other items for which you have been given provisional credit, and any such check or other item which has been returned or rejected may be charged to your Account along with a Return Deposit Fee in accordance with South State’s applicable Fee Schedule. The image of the returned check will be sent to you with the notice of the returned item. You acknowledge that all credits for deposits made through the Mobile Deposit Capture service are provisional, subject to verification and final settlement.
11. Destruction of Original Checks. You shall fully destroy each Original Check in your Check Image deposit fourteen (14) calendar days following crediting of your Check Image deposit or as South State may otherwise instruct to ensure that it is not re-presented for payment. In addition, you agree never to submit the item to South State or to any other person or entity for deposit or credit after the item has already been submitted and accepted by South State or any other person or entity. Prior to destruction, you shall maintain each Original Check in a secure location. You agree to use a commercially reasonably method to destroy each Original Check following the expiration of the retention period and that a paper shredder is one such method to assure destruction. You are responsible if an Original Check is misused following submission by Check Image deposit and its full destruction.
12. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in South State’s sole discretion subject to the Deposit Agreement governing your deposit Account.
13. Cooperation with Investigations. You agree to cooperate with South State in the investigation of unusual transactions, poor quality transmissions, and resolution of any claims, including providing, upon request and without further cost, any originals or copies of items deposited through the Mobile Deposit Capture service in your possession and your records relating to such items and transmissions.
14. Your Representations and Warrantees. In relation to MDC, you make the following representations and warranties to us:
- You shall not alter any Original Check or Check Image and shall review the Check Image to ensure that it accurately represents all of the information on the front and the back of the Original Check at the time you scanned the Check Image.
- You agree that the image of any Original Check submitted to us is an “item” within the meeting of Article 4 of the Uniform Commercial Code. You further agree that no transaction made using the MDC service is an “electronic fund transfer” as defined in the federal Electronic Funds Transfer Act and/or Regulation E.
- You are a person authorized to enforce each Original Check or are authorized to obtain payment of each Original check on behalf of a person authorized to enforce the item.
- Each Original Check bears all required and authorized endorsements and has not been altered.
- You shall submit to South State only Check Images that are suitable for processing, including, but not limited to, Check Images that are legible and contain machine-readable MICR data.
- You shall not submit to South State for deposit using MDC service any check that is payable jointly unless the check is being deposited into an Account in the name of all payees on the check.
- You will use the MDC service for lawful purposes only and in compliance with all applicable rules and regulations and our instructions, rules, and specifications.
- You shall destroy Original Checks as stated above.
- You shall not submit to South State or to any other person or entity for deposit or credit any Original Check if a Check Image of the Original Check has already been submitted and accepted for deposit into your Account with South State or which you previously submitted to and was accepted by any other person or entity for deposit.
- You will not use the MDC service to transmit or deposit any Original Check (i) payable to someone other than you; (ii) which you know or should have known to be fraudulent, altered, unauthorized, or missing a necessary endorsement; (iii) that is drawn on an institution located outside of the United States; or (iv) that is created by you purportedly on behalf of the maker, such as a remotely created check.
- You shall not deposit into your Account with South State or any other deposit taking institution, or otherwise negotiate or transfer to anyone, any Original Check that you submitted as a Check Image deposit to South State, unless following receipt of your submission, South State notifies you that the Check Image is ineligible and not accepted for deposit or that the Check Image or any Substitute Check created from the Image is refused by the financial institution upon which it is drawn.
- You shall use the Mobile Deposit Capture service only for your own use in accordance with the terms of this Agreement and all applicable laws and regulations. You shall not make the Mobile Deposit Capture service available or transfer your rights to use the Mobile Deposit Capture service for the benefit of any third party.
15. Indemnification. You shall indemnify, defend, and hold South State and its parents, subsidiaries and affiliates and each of their employees, agents, officers, and directors harmless from and against all liability, damage and loss, including reasonable attorneys’ fees and costs, arising from any claims, suits, or demands, of any nature or kind (including without limitation) those brought by third parties) with respect to: (i) any Check Image, Substitute Check, or Original Check processed through the Mobile Deposit Capture service; (ii) your destruction of the Original Check or any attempted re-presentment of an Original Check; (iii) your use of the Mobile Deposit Capture service; (iv) your breach of the representations and warrantees set forth above or in any agreement with us; (v) your failure to comply with any applicable laws and regulations; (vi) any act or omission of South State that is in accordance with the Agreement or your instructions; or (vii) any actions by third parties, such as the introduction of a virus, that delay, alter or corrupt the transmission of a Check Image to South State.
16. Security Interest. You grant South State a security interest in all your Accounts and other deposits at the South State and in all funds in such Accounts and other deposits, to secure your obligations to South State hereunder. South State may hold any funds on deposit with us by you after termination of the Mobile Deposit Capture service for up to 14 calendar days following the expiration of any return or chargeback rights regarding any item processed by you using the MDC service or, if later, until any other claims to such funds have expired.
17. Fees and Charges. All fees and charges related to any Account you access with the Mobile Deposit Capture service as stated in the applicable Fee Schedule for the Account will remain in effect when using the Mobile Deposit Capture service. The monthly fees and charges, if any, for the use of the Mobile Deposit Capture service are found in the applicable Fee Schedule.
18. MDC DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. YOU AGREE YOUR USE OF THE MOBILE DEPOSIT CAPTURE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOUTH STATE DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOUTH STATE MAKES NO WARRANTY THAT (i) THE MOBILE DEPOSIT CAPTURE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE MOBILE DEPOSIT CAPTURE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS OBTAINED FROM THE MOBILE DEPOSIT CAPTURE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. IN NO EVENT WILL SOUTH STATE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGE ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE MOBILE DEPOSIT CAPTURE SERVICE OR FOR ANY LOSS OF DATA, EVEN IF SOUTH STATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
24. Liability and Error Resolution Provisions Applicable to Consumer Accounts.
a. Unauthorized Transactions. Tell us AT ONCE if you believe that your Username or Password has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your losses down. You could lose all of the money in your Account (plus your maximum line of credit linked to your Account).
Call us at the South State Bank Customer Care Center at 1-800-277-2175 or write us at South State Bank, Attn: Online Banking, P.O. Box 118068 Charleston, SC 29423.
If the electronic fund transfer is from a Consumer Account, your liability for an unauthorized Online Banking transaction will be determined as follows:
- If you notify us within two (2) Business Days after learning of the loss or theft of your Password or Username, you can lose no more than $50 if someone used your Password or Username without your permission.
- If you do NOT notify us within two (2) Business Days after learning of the loss or theft of your Password or Username, and we can prove we could have stopped someone from using your Password or Username without your permission had you told us, you could lose as much as $500.
If your monthly statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed or e-mailed to you, you may not get back any money you lost after the 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 (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.
b. Our Liability for Failure to Make Transfers. If you have a Consumer Account and we do not complete a transfer to or from your Consumer Account on time or in the correct amount according to our agreement with you, we will be liable for your losses and damages. However, there are some exceptions. We will not be liable (whether or not you have a Consumer Account), if, for instance:
- Through no fault of ours, you do not have enough money in your Account to make the transfer.
- The transaction will exceed the available credit limit on any applicable linked line of credit.
- The Bill Payment Service is not working properly.
- The person or entity to which you direct payment mishandles, delays, or fails or refuses to accept a payment sent by us.
- You have provided us with incorrect, incomplete or inaccurate data or other Account information, including but not limited to date related errors, or you have otherwise failed to comply with the payment or transfer instruction requirements set forth in this Agreement.
- There are technical problems in our receipt of information or instructions from you (for example, problems arise with computers, software, modems, or telephone communications, including but not limited to date related problems).
- Circumstances beyond our control (such as, but not limited to, fire, flood, interference from an outside force, strikes, lockouts, acts of governmental authorities, delays of couriers or supplies, communications equipment failures, or equipment malfunction occurring despite ordinary maintenance), including but not limited to date related problems, prevent the proper execution of the transaction, despite reasonable precautions we have taken.
- This Agreement or your transfer authorization has been terminated.
- Your Account has been closed, there is a hold on funds in your Account, or access to your Account is blocked in accordance with our policies.
- Your funds are subject to legal process or encumbrances restricting transfer.
- Applicable law prevents completion of the transaction.
- Unusual or extraordinary circumstances exist which indicate improper or unlawful use of your Account.
- You believe someone has accessed your Account without your permission and you fail to notify us immediately. (Refer to the section above “Unauthorized Transactions”)
- If the terminal or system is not working properly and you knew about it when you started the transfer.
c. Limitation on Liability. IN NO EVENT WILL THE BANK OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ONLINE BANKING, THE INABILITY TO USE ONLINE BANKING, ANY MERCHANDISE OR SERVICES PURCHASED OR OBTAINED USING ONLINE BANKING, OR ANY MESSAGES RECEIVED VIA ONLINE BANKING OR ANY TRANSACTIONS THEREUNDER, EVEN IF THE BANK HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE BANK AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE FEDERAL LAW.
d. No Liability for Certain Failures. Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an internet browser, by an internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Online Banking.
e. How to Contact Us In Case of Errors or Questions About Your Transactions. Telephone or write us as soon as you can if your think your statement is wrong or if you need more information about an electronic transfer listed on the statement.
Call us at South State Bank Customer Care Center: 1-800-277-2175 or visit us in person at your local branch, or write us at:
South State Bank
P.O. Box 118068
Charleston, SC 29423
We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. When you contact us:
- Tell us your name and Account number,
- 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, and
- 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 ten (10) Business Days.
We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Consumer Account within 10 Business Days for the amount you think is in error, so that you will have 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. For errors involving new Accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Accounts, we may take up to 20 business days to credit your Account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide there was no error, we will send you a written explanation. You may request copies of the documents that we used in our investigation.
25. Liability and Error Resolution Provisions Applicable to Accounts Other than Consumer Accounts.
- Your Responsibility. Except for the provisions applicable to Consumer Accounts, you bear the risk of using Online Banking, including the risk of erroneous and fraudulent transactions and the risk of all transactions using your Username and Password, and your liability for any Online Banking is unlimited. Unless otherwise required by applicable law, we are responsible only for performing Online Banking services as delineated in this Agreement. We will not be liable to you for failure to make a requested transfer or otherwise in the instances set forth in Section 23(b) above.
- Limitation on Liability. IN NO EVENT WILL THE BANK OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ONLINE BANKING, THE INABILITY TO USE ONLINE BANKING, ANY MERCHANDISE OR SERVICES PURCHASED OR OBTAINED USING ONLINE BANKING, OR ANY MESSAGES RECEIVED VIA ONLINE BANKING OR ANY TRANSACTIONS THEREUNDER, EVEN IF THE BANK HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE BANK AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS.
- No Liability for Certain Failures. Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an internet browser provider, by an internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Online Banking.
- How to Contact Us In Case of Errors or Questions About Your Transactions. Telephone or write us as soon as you can if your think your statement is wrong or if you need more information about a transaction listed on the statement.Call us at South State Bank Customer Care Center: 1-800-277-2175 or visit us in person at your local branch, or write us at:South State Bank
P.O. Box 118068
Charleston, SC 29423Failure by you to promptly report any such errors or issues within a reasonable time, which in no event shall exceed 60 days after we sent the FIRST statement upon which the problem or error appeared, shall preclude you from asserting against us any claims arising from the error or any loss caused by the error or issue.
26. Disclaimer of Warranty. We may on a regular basis perform maintenance on our equipment or system, which may result in interrupted service or errors in Online Banking. We also may need to change the scope of our Online Banking services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. We make no representation that Online Banking services will be uninterrupted or error free. Our sole obligation to you arising out of (i) the non-availability of Online Banking, or (ii) an interruption or delay in providing Online Banking shall be to use commercially reasonable efforts to resume such services. The foregoing shall constitute our entire liability and your exclusive remedy. In no event shall the Bank or any of our officers, directors, employees, agents or subcontractors be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, including lost profits (even if we are advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of any computer equipment or the Online Banking service. However, nothing in this section is intended to limit any rights you may have under Federal law or otherwise provided in this Agreement.
WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH ONLINE BANKING AND THE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT THE SYSTEM WILL OPERATE WITHOUT ERRORS, OR THAT ANY OR ALL SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES.
27. Indemnification. Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your Account, you agree to indemnify and hold us, our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorney’s fees) arising from (a) an Account; (b) the performance of our Online Banking and any services you elect, including without limitation the Bill Payment Service and Popmoney; (c) a third party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other materials submitted by you to us; (d) any fraud, manipulation, or other breach of these terms; (e) any third party claim, action, or allegation brought against us arising out of or relating to a dispute with you over an Account, the terms and conditions of an agreement, purchase or sale of any goods or Online Banking; (f) your violation of any law or rights of a third party; or (g) your use, or the provision of Online Banking or use of your Account by any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any action or claims on our behalf without our prior written consent. This indemnification is provided without regard to whether our claim for indemnification is due to your use of Online Banking by you or your authorized representative.
28. Liability for Loss of or Erroneous Data. Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses, which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system, including but not limited to damage or loss resulting from date related problems.
29. Joint and Several Liability. If any one or more of your deposit Accounts has co-owners, each co-owner will be jointly and severally liable for any obligation which arises from the use of Online Banking to access the Account. This joint and several liability shall extend as well to any line of credit accessed through any such Account.
30. Fees and Charges for Online Banking. There are no monthly or periodic fees for Online Banking. Fees disclosed separately to you for separate services provided via Online Banking in which you enroll (such as Bill Payment or Popmoney) or in connection with your Accounts, such as charges for dropping below minimum balances, insufficient funds, or check stop payment fees will apply. Please consult our current Fee Schedule for a complete list of fees. We reserve the right to change applicable fees and charges at any time. We will provide you with any notice required by law of any changes to our fees and charges. If your checking Account or savings Account does not have a sufficient balance to pay applicable fees and charges due, we may exercise our right of off-set against any of your other Accounts as provided by law or our Rules and Regulations.
31. Termination. You may terminate Online Banking services by notifying us in writing at:
South State Bank
Attn: Online Banking
P.O. Box 118068
Charleston, SC 29423
Please include your name, address, and requested effective date to discontinue service. Your access to Online Banking will be suspended within 3 business days of our receipt of your instructions to cancel the service. Once we have acted upon your termination notice, we will make no further transfers from your Accounts, including any transfers you have previously authorized. You will remain responsible for all payments, transfers and other transactions in process, and outstanding fees and charges incurred prior to the date of cancellation.
IMPORTANT: When Online Banking is terminated, any prescheduled bill payments made through a Bill Payment Service will be automatically terminated. Applicable fees and charges will be assessed for any bill payments processed by your Bill Payment Service drawn upon your Account.
We can refuse Online Banking services to anyone. We may terminate your Online Banking or any service provided via Online Banking at any time without prior notice and with or without cause. If more than one person can access an Account through Online Banking, we reserve the absolute right to terminate all Online Banking access to the Account upon the request of the Account owner, any Account co-owner, or any other person authorized to access the Account.
32. Amendments. The terms of this Agreement, any particular product or service offered via Online Banking, applicable fees, and service charges may be amended from time to time. In such event, the Bank shall send notice to you through Online Banking, to your e-mail address or mailing address as it appears in our current records. For Consumer Accounts, we will give you prior notice of any changes resulting in increased fees, increased liability for you, fewer types of electronic funds transfers, or stricter limits on the frequency or dollar amounts of transfers as required by applicable law, however, we will not give prior notice if an immediate change is necessary to maintain or restore the security of your Account or Online Banking. Any use of Online Banking after a change in terms will constitute your agreement to such change(s). In addition, the Bank may revise or update the programs, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Bank reserves the right to terminate this Agreement as to all such prior versions of the programs, services, and/or related materials.
33. Confidentiality. We will only disclose information to third parties about your Account or transactions you make under the following circumstances:
- Where it is necessary for the provision of Online Banking and for completing transactions;
- In order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant;
- In order to comply with government or court orders, or other reporting requirements; or
34. Address, E-mail or Banking Changes. You agree to notify the Customer Care Center at least ten (10) business days in advance, of any change in your address, transaction Account, your banking status or e-mail address. The South State Bank Customer Care Center can be contacted at 1-800-277-2175 during business hours: Monday through Friday 8:00 a.m. – 7:00 p.m., Saturday 8:00 a.m. – 3:00 p.m.
- Assignment. You may not assign this Agreement to any other person or entity. We may assign this Agreement to any company with which we are directly or indirectly affiliated. We may also assign or delegate certain of our rights or responsibilities under this Agreement to independent contractors or other third parties.
- No Waiver. We will not be deemed to have waived any of our rights or remedies under this Agreement unless we send the waiver to you by electronic message or we otherwise mail or deliver to you a written waiver signed by us. No delay or omission on our part in exercising any of our rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies we may have. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
- Severability. If any provision of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions shall continue in full force and effect and shall in no way be invalidated or otherwise affected.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflicts of law provisions, and applicable federal law, except to the extent this Agreement can and does vary such laws.
- Ownership of Materials. The content and information on our Website is copyrighted by South State Corporation and the unauthorized reproduction or distribution of any portions is prohibited.
- Captions. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions for this Agreement.
- Survival. The provisions of this Agreement, which by their nature survive expiration or termination of this Agreement, shall survive, including without limitation, Sections 2, 8, 17, 23(e), (o), and (p), 24, 25, 26, 27, 28, 29, 31, 33, and 35.
- WAIVER OF JURY TRIAL. YOU AND BANK EACH HEREBY WAIVE ANY AND ALL RIGHTS IT MAY HAVE TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTES, LITIGATION, PROCEEDING OR COUNTERCLAIM ARISING WITH RESPECT TO RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT, ONLINE BANKING, AND SERVICES PROVIDED UNDER THIS AGREEMENT, AND ANY DISCUSSIONS, NEGOTIATIONS OR COMMUNICATIONS INVOLVING OR RELATED TO THIS AGREEMENT OR ONLINE BANKING.