Business Customer Agreement

This Agreement covers the use of Iron Workers Internet Banking Services with business accounts. A “business account” is an account which Iron Workers identifies as being established primarily for business purposes. By using Iron Workers Internet Banking Services you agree to the terms and conditions of this Agreement. All authorized persons who access the Iron Workers Internet Banking Services are bound by the terms and conditions contained in this Agreement.

Iron Workers Internet Banking Services

You may use the Iron Workers Internet Banking website with your password and an internet browser to perform the following transactions:

1. Transfer funds between your checking, savings, money market and credit accounts;
2. Obtain a cash advance by transferring funds from your business credit account to your checking or savings account;
3. Obtain balance and transaction information from your business checking, saving, money market, and credit accounts; and,
4. Setup the distribution of funds from your business checking account to Payees that you designate to receive payment through Iron Workers Internet Banking Services. Payments may be scheduled on an individual basis, or to occur automatically on a recurring basis. You may also make a payment to any Iron Workers business credit account by transferring funds directly to the account from your business checking account.

Procedures for Preauthorized Payments

Payments to any payee may be made through Iron Workers Internet Banking Services may be made by electronic means or by draft mailed to the Payee. Individual payments may be scheduled up to sixty (60) days in advance. Regularly recurring payments in the same or varying amounts may be scheduled as required.

Payments and other transactions conducted on a business day are posted as of that business day. Payments and other transactions conducted on a Saturday, Sunday or one of the Federal Holidays are posted the next business day. Recurring and future dated transactions will be posted as of the business day such transactions are initiated. If your Iron Workers Internet Banking Services are cancelled, all recurring and future dated payments will also be cancelled.

PAYMENTS MADE THROUGH THE IRON WORKERS INTERNET BANKING SERVICES REQUIRE A MINIMUM OF THREE (3) BUSINESS DAYS FOR THE PAYEE TO CREDIT YOUR ACCOUNT. IT IS YOUR RESPONSIBILITY TO SCHEDULE A PAYMENT SUFFICIENTLY IN ADVANCE OF THE DUE DATE SO THAT THE PAYMENT IS RECEIVED AND PROCESSED IN A TIMELY MANNER. WE DO NOT GUARANTEE PROMPT RECEIPT AND PROCESSING OF PAYMENTS BY PAYEES. WE ARE NOT RESPONSIBLE FOR ANY FINANCE CHARGES OR LATE FEES IMPOSED, OR OTHER ACTION TAKEN, BY A PAYEE RESULTING FROM A LATE PAYMENT.

Limitations on Use of Service

You will be denied the use of Iron Workers Internet Banking Services if you (1) do not have adequate funds available in your business account, or available overdraft protection for that account, or (2) do not enter the correct “Access ID” or “Password.” There is a limit on the number of denials permitted and you will be denied access to the services offered on the Website if you exceed these limits. The number of attempts permitted is not revealed for security reasons.

Assuming you have adequate funds, there is no limit of the dollar amount of any transaction you can conduct through the Iron Workers Website. Electronic transfers from any Statement or Passbook Savings account or Money Market account are limited by law to six (6) per month per account.

How to Contact Us

If you believe your “Access ID” or “Password” has been lost or stolen, that an unauthorized party may have access to your accounts, or that an unauthorized transaction in any of your business accounts has occurred or may occur, you agree to contact us as soon as possible by either calling us at 610-497-1800 or writing us at:

Iron Workers Bank
3333 Concord Road
P.O. Box 2200
Aston, PA 19014

You also agree to cooperate with us in the investigation of any claim or dispute and provide us with information and documentation as may be necessary in order to assist us in resolving your claim or dispute. We reserve the right to deny you access to the Iron Workers Website until we are satisfied that the security of your accounts can be assured.

Account Rules and Regulations

For each business account you access through the Iron Workers Website, you agree that the rules and regulations for each account apply with respect to your use of Iron Workers Internet Banking Services.

Use of Access Code and Password

To access the Iron Workers Website, you are required to obtain an “Access ID” and a “Password.” How you obtain an “Access ID” and a “Password” is explained on the Website. The “Access ID” and the “Password” (a) act, in combination, as the signature of the owner of the account, (b) identifies the user of Iron Workers Internet Banking Services as an individual who is authorized to conduct transactions from the account and (c) validates the instructions you give on the Website with respect to your business accounts. Both your “Access ID” and the “Password” should be kept private and confidential. The use of your “Access ID” and the “Password” to access the Iron Workers Website is an essential identification procedure by which we help you maintain the security of the business accounts you access through the Iron Workers Website. For these reasons, You agree to limit disclosure of your “ACCESS ID” AND YOUR “PASSWORD” EXCLUSIVELY to those employees and other persons you authorize to use the Services. YOU ALSO AGREE TO TAKE ALL REASONABLE PRECAUTIONS TO PREVENT ANY UNAUTHORIZED PERSON FROM LEARNING AND/OR USING BOTH YOUR “ACCESS ID” AND YOUR “PASSWORD.”

Charges

You agree to pay and hereby authorize us to charge your business account(s) for the charges or transaction fees that are normally changed by us for these services or for services that may later be offered as such fees or charges may be imposed or changed from time to time.

Your Liability

THIS IS A BUSINESS ACCOUNT. THE LOSS OR THEFT OF YOUR ACCESS ID AND PASSWORD AND THE UNAUTHORIZED USE OF THE IRON WORKERS WEBSITE CAN CAUSE YOU TO LOSE ALL OF THE MONEY IN YOUR ACCOUNT, PLUS ANY AMOUNT AVAILABLE UNDER YOUR OVERDRAFT PROTECTION CREDIT LINE. YOUR USE OF OUR INTERNET BANKING SERVICES FOR YOUR BUSINESS ACCOUNTS CONSTITUTES YOUR AGREEMENT TO ASSUME ALL RISKS AND LOSSES IN ANY WAY ASSOCIATED WITH YOUR INTENTIONAL OR UNINTENTIONAL, NEGLIGENT OR NON-NEGLIGENT DISCLOSURE OF YOUR ACCESS ID AND YOUR PASSWORD TO YOUR AGENTS, SERVANTS AND/OR EMPLOYEES OR ANY OTHER PERSONS, WHETHER OR NOT YOU HAVE EXPRESSLY OR BY IMPLICATION AUTHORIZED THEM TO RECEIVE AND/OR USE THIS INFORMATION. WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES FROM THE USE OF THE IRON WORKERS INTERNET BANKING SERVICESS OR THE SOFTWARE, INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES. WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES BECAUSE OF A FAILURE OR DELAY IN THE DELIVERY OR PROCESSING OF ANY PAYMENT.

Amendment to This Agreement

We may change the terms and conditions of the Agreement at any time, and will notify you of the changes we have made as required by law. Your use of the Iron Workers Internet Banking Services after the effective date of any change will constitute your acceptance of and agreement to the change.

Risk of Loss for Erroneous Data Entry

Each party bears its own risk of loss due to the erroneous input of data into their respective computer systems, whether such erroneous input has been made by the party or by any third party on which the party may have relied.

Changes/Interruptions in Service

We may on a regular basis perform maintenance on our equipment or system, which may result in interrupted Services. We also may need to change the Services we provide 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.

Harm Caused by Intentional Acts of Third Parties

You agree that our liability for viruses, worms, trojan horses, or other similarly harmful components that may enter your computer system by downloading information, software, or other materials from our Website shall be limited to replacing, or the reasonable cost of replacing, the lost information, software or other material. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM INTENTIONAL HARM CAUSED BY THIRD PARTIES.

Performance of Iron Workers Web Site

WE MAKE NO WARRANTY TO YOU REGARDING THE PERFORMANCE OF OUR WEBSITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. EXCEPT AS SPECIFICALLY STATED HEREIN, WE ARE NOT LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE OUR BANKING SERVICES WEBSITE, OR FOR ANY LOSS OF ANY DATA, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS.

Share Information/Privacy

Information regarding customer privacy can be found in Iron Workers Privacy Statement.

Security

In order to maintain secure communications and reduce fraud, you agree to protect the security of “Access ID” and “Password.” We reserve the right to block access to the Services to maintain or restore security to our Site and systems, if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s).

Severability

If any provision of this Agreement is determined to be void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.

Arbitration of Disputes

If either you or we have any irresolvable dispute or claim concerning our liability under this Agreement, it will be decided by binding arbitration under the expedited procedures of the Commercial Financial Disputes Arbitration Rules of the American Arbitration Association (AAA) and Title 9 of the US Code. Unless otherwise agreed, Arbitration hearings will be held in Media, Pennsylvania. A single arbitrator will be appointed by the AAA to decide the dispute or claim. The arbitrator will be a retired judge or attorney with experience or knowledge in banking transactions. No arbitrator’s fees shall be awarded against the prevailing party. Any court having personal jurisdiction over the party who has not prevailed may enter a judgment on the award of the arbitrator. CLASS ACTION ARBITRATION IS NOT PERMITTED OR AUTHORIZED UNDER THIS PROVISION.

No Signature Required

When any payment or other online service generates an item properly chargeable to your business account, you agree that we may debit either the designated business account or the account on which the item is drawn without requiring your signature on the item, and without prior notice to you.

Wavier Not Effective Unless in Writing

We may waive any term or provision of this agreement only in writing. Any such waiver shall not be deemed a waiver of our right to enforce the term or provision other than as expressly stated in the written waiver.

Assignment

We may assign rights and delegate duties under this Agreement to a company affiliated with us or to any other party without giving you prior notice and without your consent.

Termination

Either you or we may terminate this Agreement and any service provided hereunder at any time upon giving at least ten (10) business day’s prior written notice of termination to the other party. If you terminate, you authorize us to continue making fund transfers, bill payments or other transactions you have previously authorized until we have a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further transfers, payments or other transactions from your accounts, including any fund transfers, bill payments or transactions you have previously authorized. We reserve the right to terminate or to discontinue support of any software or equipment without written notice.

Governing Law

These terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and Federal Law, if applicable.

Entire Agreement

This Agreement is the entire agreement between you and IRON WORKERS BANK and supersedes any marketing or other similar material pertaining to the Services delivered to you in writing, verbally or obtained at our Website.