$1.6 Million for the construction of an adult community in Rockland County
$900,000 line of credit for a Westchester County based law firm
$1.7 Million for land acquisition and site development in Orange County
DEFINITIONS: In this Agreement the words “you” and “your” mean each of the persons who have
requested Greater Hudson Bank, N.A. Online Banking. The words “the Bank”, “we”, “us”, and “our” mean
Greater Hudson Bank, N.A. The word “Account” means each of your accounts with which you use your access code.
Greater Hudson Bank N.A. Online Banking” means the service you access using a personal computer over the internet (www).
Greater Hudson Bank N.A. Online Banking is a service provided to our customers and should not be used by anyone
other than Greater Hudson Bank N.A. customers. The use of your access code indicates your acceptance of this agreement.
This Online Banking Agreement for personal and business account customers is between Greater Hudson Bank. N.A.
and you, states the terms and conditions that govern your use of Greater Hudson Bank, N.A. Internet Banking Services
for accessing your Eligible Accounts, and other financial services as described herein. The terms and conditions of this Agreement
are in addition to other terms and conditions that may apply to any Account or Internet Banking Service covered by this Agreement.
Also included are the regulatory requirements for Electronic Funds Transfers as they pertain to these Internet Banking Services;
these supersede any other regulatory requirements you may have received solely, however, in connection with Electronic Fund
Transfers over the Internet through our website.
Please read this document carefully before completing the application. We recommend that you print a copy of this document
for your records. You agree to all of the terms and conditions of this Agreement, and any instructional material that we provide
you regarding the Services, and agree to be bound by them as well as such other terms and conditions as shall be imposed
from time to time by Greater Hudson Bank, N.A. on notice to you.
Greater Hudson Bank, N.A. will provide PC Banking and Internet Banking Customers with access to Greater Hudson Bank,
"PC Banking and Internet Banking System". Said systems will provide Customer's account(s) activity information, transfer funds
between accounts at the Bank and obtain various rate information.
Transfers of funds from Accounts are subject to the restrictions contained in the applicable Account Agreement. All transfer requests
are subject to having an Available Balance sufficient to complete the requested transaction. You agree that by requesting the transfer
Internet Banking Service, you authorize us to carry out your transfer instructions, withdraw the necessary funds and applicable fees
(including charges and penalties) under this Agreement and any Account Agreement, without requiring your signature on the item
and without any notice to you.
In addition, according to Federal regulations, you are limited to six preauthorized withdrawals or automatic Electronic Fund Transfers
(including telephone, or data transmission) per statement cycle from a Savings account or Money Market account. Each fund transfer
through the Internet Banking Service from your savings or money market deposit account is counted as one of the six limited transfers
you are permitted each periodic statement cycle. However, payments to your loan accounts with us are not counted toward this limit
for savings/money market deposit accounts. We may reject your Electronic Fund Transfer request if you exceed this limitation.
We may refuse to process any transaction because of inaccurate or incomplete information or if you lack an Available Balance
sufficient to complete the requested transaction.
Without your signature, you authorize us to access your Overdraft Line (if you have one), and charge applicable fees (including
charges and penalties) under this Agreement and any Account Agreement, when you lack a sufficient Available Balance in your
account to complete the requested transaction. You agree that we may either access your Overdraft Line or refuse to complete
the requested transfer; in either event, you are responsible for any fees (including charges and penalties) under this Agreement
and any Account Agreement we may impose.
Customer shall be solely responsible for establishing user password and maintaining the confidentiality of said password.
If Customer has any reason to believe that the password has or will become known to unauthorized person(s), the
Customer shall immediately notify Great Hudson Bank, N.A. In order to protect against possible unauthorized
use or access to the system, Great Hudson Bank, N.A. may, at its option, temporarily deny all access or use of
the system and Great Hudson Bank, N.A. will thereafter replace the passwords in accordance with
Great Hudson Bank, N.A. security policy. Great Hudson Bank’s responsibility to take appropriate action
to protect Customer's accounts shall include a reasonable period of time to permit the Bank adequate opportunity to
take necessary action to prevent unauthorized access. Great Hudson Bank, N.A. reserves the right to modify
or change security procedures and codes from time to time and shall provide written notice of same to Customer prior
to implementing such procedures or codes.
Customer hereby represents, warrants, and agrees that all information obtained by or coming into the possession of
Customer in connection with any of the services provided herein, including but not limited to the software, user guides,
security procedures, and passwords, will be maintained as confidential and shall not be divulged, transferred, sold or made
available to any other person or entity.
Customer is solely responsible for the establishment or maintenance of appropriate procedures or policies, which are
reasonably designed to assure the absolute confidentiality of Great Hudson Bank’s security procedures and codes.
Great Hudson Bank, N.A. hereby agrees that Customer account information will remain confidential and protected from
unauthorized access provided, however, that it shall be presumed that Great Hudson Bank, N.A. has satisfied the
foregoing obligations by Great Hudson Bank’s, N.A. adherence to its duly adopted security procedures and policies.
The Customer shall compensate Great Hudson Bank, N.A. for PC Banking services or Internet Banking services as
shall be mutually agreed upon between the parties from time to time as per the Bank's Service Charge Schedule
(which may be amended upon notice).
Greater Hudson Bank, N.A. obligations hereunder may be temporarily suspended by reason of computer or data processing
computer failure or other condition beyond Bank's control for which Greater Hudson Bank, N.A. shall have no liability
whatsoever to Customer. Greater Hudson Bank, N.A. reserves the right to transfer, assign or delegate all of its obligations
to perform services hereunder to an appropriate third party limited to situations or conditions where computer or data
processing equipment is inoperable or malfunctioning or other conditions beyond the Bank's control which make it
temporarily or permanently impossible for Greater Hudson Bank, N.A. to perform the services hereunder.
Greater Hudson Bank, N.A. obligation to provide access to Customer's account(s) and to process Customer's transactions
and instructions are expressly conditioned upon Customer's compliance with all of the terms and conditions contained herein.
Greater Hudson Bank, N.A. will be under no obligation to process, either in whole or in part any transaction or instruction that:
In the event that a Customer has obtained an appropriate authorization from a Related Entity Customer of the Bank and further
provided that said Customer has submitted the original authorization on forms provided by the Bank together with any other supporting
documentation that the Bank, in its discretion may require the Bank agrees that it will permit Customer Banking access to said Related Entity accounts.
Customer hereby agrees to indemnify and hold harmless Greater Hudson Bank, N.A., its assigns, its subsidiaries, its directors or officers from and against any damage, loss of liability or any kind, including, without limitation, reasonable
attorney's fees, costs and disbursements which result directly or indirectly In whole or in part from the services provided under
this agreement except when such loss, damage or claim shall arise from or be caused by the gross negligence of
Greater Hudson Bank, N.A. In no event shall Greater Hudson Bank, N.A. be liable for any loss that is a result of
any encoding, key punching, date or other instruction furnished by Customer, which shall be inaccurate or incorrect.
Should any provision of this contract be declared illegal or unenforceable, the objectionable provision(s) shall be severed
from the agreement and the remaining provisions shall remain in effect.
This agreement shall continue in effect until or unless terminated by either party upon thirty days written notice to the other.
Greater Hudson Bank, N.A., however, reserves the right, without prior notice or at any time to immediately terminate
this agreement if Greater Hudson Bank, N.A. shall reasonably believe that loss or damage to either the Customer
or the Bank may result from continued performance under this agreement.
This agreement shall be governed by and be construed under the laws of the State of New York.
This agreement constitutes the agreement between the parties hereto and supersedes any prior agreement or representation,
whether written or oral, relating to the services and may not be modified, extended or changed in any manner except in writing
signed by the parties hereto.
This agreement shall be accompanied by Customer's Application for PC Banking Services or Internet Banking Services and
shall also include, if applicable, "Automated Banking Related Entity Authorization Agreements". Such application shall designate
the Customer account(s) to be maintained subject to this agreement. Additions, deletions and changes are to be submitted
via the appropriate forms as designated from time to time by the Bank. The Customer agrees to provide all necessary
documents, applications and/or resolutions to duly authorize the services provided by this agreement.
You agree to check your Messages every time you log on to the Internet Banking Services.
No action will be taken on any of your email messages until we actually receive it and have a reasonable opportunity to act.
If you need immediate assistance (for instance, to report an unauthorized transaction from an account) or your message is
sensitive to you and confidential and you prefer not to use this email function, do not use any email system-you must instead
call our Internet Banking Department at the number provided or contact us in person. Unless otherwise provided in this Agreement,
email messages do not serve as a substitute for any requirement imposed on you to provide us with “written” notice.
To stop recurring transfers you must edit the transfer you wish to change before the Business
Day Cut-off of the processing date. Up to that time, you may go into the transfer and change or delete.
Account transfers and payments processed before 6:00 P.M. Monday — Friday, excluding holidays, will be posted to your
account on the day of the transaction. Transfers of payments after 6:00 P.M. will be posted to your account on the next business day.
There are no monthly or transaction fees for the account information services and transfer service; we may, however, establish
a schedule of service charges and fees for any transaction under this agreement at any time. Other fees, charges and penalties
as described in an applicable Account Agreement may apply to the Internet Banking Services under this Agreement and will continue t
o apply; changes to those are governed by the specific Account Agreement and applicable law.
You agree to keep sufficient Available Balance in any one of the Accounts to cover any transaction and any applicable fees
(which include charges and penalties) under this Agreement and any Account Agreement. You agree to promptly pay all fees
(charges and penalties) under this Agreement and any Account Agreement applicable to the transactions under this Agreement
and you authorize the deduction of these from any of your Accounts without requiring your signature and without prior notice to you.
You are responsible for other fees, charges and penalties you may incur by using these Internet Banking Services as, for
example, telephone charges and ISP charges.
We reserve the right, in our business judgment, to waive, reduce or reverse a fee under this Agreement and any Account
Agreement in individual situations.
If we must initiate any legal action to collect money owed us under this Agreement, including any counterclaim, you agree
to pay all costs incurred by us (as allowed by applicable law) for such action, including any reasonable attorney’s fees.
We may at any time cancel your access to any or all of the Banking Services without prior notice if there has been no Internet
Banking for a period of three (3) consecutive months, if there is an insufficient Available Balance in any one of your Accounts
to cover requested transactions and fees (including charges and penalties) under this Agreement and any Account Agreement,
or for any other reason. After cancellation due to insufficient Available Balance, the canceled service may be reinstated once a
sufficient Available balance is available in your Account(s) to cover any fees (including charges and penalties) under this Agreement
and any Account Agreement and pending transfers or debits. For reinstatement, call the Internet Banking Department at
877-829-6416 to request reinstatement.
Great Hudson Bank, N.A. may also at any time and without prior notice to you cancel this Agreement. If this Agreement
is cancelled, your right to use the Internet Banking Services shall immediately cease.
You may cancel this Agreement at any time by giving at least five (5) business days prior written notice of termination to the
address provided. If you cancel this Agreement or terminate a transfer Service, you authorize us to continue making transfers,
and other transactions you have previously authorized until we have a reasonable opportunity to act upon your termination notice,
unless you have previously stopped or canceled the transaction in accordance with this Agreement. No matter when we acted
on your notice, once we have acted we have no responsibility to make transfers or other transactions you may have previously
authorized that may still be pending.
Prior to cancellation or termination, you will remain responsible for all transfers, or other transactions processed and for any
associated fees (including charges and penalties) under this Agreement and any Account Agreements.
1. Pre-authorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days
from the same person or company, the person or company making the deposit will tell you every time they send us the money.
You can call us at 877-829-6416 to find out whether or not the deposit has been made.
2. Periodic statements. You will receive a monthly statement (unless there are no transfers in a particular month.
In any case, you will receive the statement at least quarterly).
1. Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account,
you can stop any of these payments. Here's how:
Stop into any branch location, call us or write us at the telephone number or address listed in this disclosure, in time for us to receive
your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your
request in writing and get it to us within 14 days after you call. (Stop payment fee Is per Service Charge Schedule, which may be
amended upon notice.)
2. Notice of varying amounts. If these regular payments may vary in amounts the person you are going to pay will tell you,
10 days before each payment will be made and how much it will be. (You may choose instead to get this notice only when the
payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits
that you set.)
3. Liability for failure to stop payment of pre-authorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
(i) Financial institution’s liability. If we do not complete a transfer to or from your account on time or in the correct amount according
to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable,
(a) if, through no fault of ours, you do not have enough money in your account to make the transfer.
(b) if the transfer would go over the credit limit on your overdraft line.
(c) if the system was not working properly and you knew about the breakdown when you started the transfer.
4. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
5. There may be other exceptions stated in our agreement with you.
We will disclose information to third parties about your account or the transfer you make:
1. Where it is necessary for completing transfers
2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant
3. In order to comply with a government agency or court orders
4. If you give us written permission.
Tell us AT ONCE If you believe your security code or password has been lost or stolen. Telephoning is the best way of keeping your
possible losses down. You could lose all the money in your account plus your maximum overdraft line of credit. If you tell us within
two (2) business days, you will lose no more than $50.00 if someone uses your code without permission. (If you believe your code
has been lost or stolen, and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than
$50.00 if someone uses your code without your permission.) If you do NOT tell us within two (2) business days after you learn
of the loss or theft of your code, and we can prove we could have stopped someone from using your code without your permission
if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, tell us at once.
If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after sixty
(60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason
kept you from telling us (such as a long trip or a hospital stay), we will extend the time periods.
If you believe your security code or password has been lost or stolen or that someone has transferred or may transfer funds
from your account without your permission,
Or write to:
Greater Hudson Bank, N.A.
Attn: INTERNET DEPARTMENT
643 Route 211 East, Middletown, NY 10941
1. Initial and annual error resolution notice. In case of errors or questions about your PC Banking and electronic transfers,
call or write to us at the number or address listed in this disclosure, as soon as you can, if you think your statement or receipt is
wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later
than 60 days after we sent the FIRST statement on which the problem or error appeared.
i) Tell us your name and account number (if any).
(ii) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or
why you need more information.
(iii) Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or
question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear
from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your
complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is
in error so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to
put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
We will tell you the result within three business days after completing our investigation. If we decide that there was no error,
we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
2. Error resolution notice on periodic statements. In case of errors or questions about your Online Banking and electronic
transfer, telephone us or write us at the telephone number or address listed in this disclosure as soon as you can, if you think
your statement or receipt is wrong or if you need more information about a transfer on the statement or receipt. We must hear
from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared.
(i) Tell us your name and account number (if any).
(ii) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error
or why you need more information.
(iii) Tell us the dollar amount of the suspected error. We will investigate your complaint and will correct any error promptly.
If we take more than 10 business days to do this, we will credit your account for the amount you think is in error, so that you
will have the use of the money during the time it takes us to complete our investigation.
Should we change our Terms or Conditions affecting your Electronic Transfers such as fewer types of available electronic
fund transfers, increased liability, or stricter limitations, we will notify you by mail at least 21 days prior to those changes.
If the change would result in increased fees or charges, we shall provide written notice to you within 30 days. Notice need
not be given where an Immediate change in Terms or Conditions is necessary to maintain, or restore the security of an
electronic funds transfer system or account.