Scope of Agreement
To Our Valued Digital Banking Customers:
Those of us who utilize digital channels to conduct business understand the importance of having formal agreements in place between each of us individually and our service providers. We greatly appreciate the relationship we have with you through our Digital Banking Services. If you wish to make payments from your qualifying deposit account(s), those payment transactions will be governed by the terms and conditions of the Bill Pay Service and not this Agreement. Occasionally, we make changes to improve how we provide Digital Banking Services and the changes require that we amend the agreement between us.
By using, visiting, or browsing our Digital Banking Services you accept and agree to be bound by the terms within our Digital Banking Service Agreement and Disclosure. The most current version of the Agreement will supersede all previous versions.
We encourage you to read the entire agreement and if you have questions or comments, please contact us. We welcome your feedback.
Within the Digital Banking Services Agreement and Disclosure the words "we", "us", "our" or "Bank" means Park National Bank (Park). Park also includes Scope Leasing, Inc. (d.b.a. Scope Aircraft Finance), and Guardian Finance Company. "You" and "your" refer to the account holder and "account" or "accounts" means your accounts at the Bank. The Digital Banking Service Agreement and Disclosure (the "Agreement") provides information regarding the Bank's Online Banking, Mobile Banking and Mobile Deposit Services (the “Services”) Paperless Statement services and Electronic Funds Transfers Services. This Agreement is the contract between you and the Bank and you should read this Agreement carefully prior to accepting the Agreement. You may print a copy of the Agreement to keep with your other important account records and for future reference.
This Agreement, in conjunction, with the Electronic Funds Transfer, Truth-In-Savings, Special Handling Fees and other supplemental disclosures provided to you at account opening, or may have been sent to your separately via U. S. Mail, explain your rights and obligations as well as the Bank's rights and responsibilities. You should understand that by using or allowing others to use your Digital Banking services, you have agreed to abide by and be bound by the terms and conditions of this Agreement as well as other disclosures provided to you in person, electronically or through U.S. Mail. Should you need a printed copy of the Bank's disclosures, just ask us or write us at the address on the Bank's Web site. For more information regarding Electronic Funds Transfers go to the Bank's Web site. Learn More
Definitions
Types of Digital Services Available to You
Personal Online Banking Services
Mobile Banking Services
Authorized and Related Account(s)
Any account you have access to through Digital Banking Services may be jointly owned or have joint obligations with another individual; however, we do not have joint agreements for Digital Banking Services. You will tell us which account(s) you or others you may authorize to access your Digital Banking Services. The Bank reserves the right to: (1) refuse to include any account among your Authorized and Related Accounts; or (2) may allow only certain transactions between or among your Authorized and Related Account(s), if the Bank is prohibited by state and/or federal law to do so or if circumstances become known to us that would prohibit access because of law enforcement or regulatory action. We will tell you which types of accounts qualify for our Digital Banking Services, to include eligibility for Paperless Statements, and Electronic Funds Transfer. Eligible account types may change from time to time.
Electronic Funds Transfer Disclosure
You or others you have authorized to use Online Banking Services may transfer funds from your checking and savings account(s). The accounts must have the same account name and social security number in order for the transfer to occur. Within the Electronic Funds Transfer Disclosure provided at account opening is a description of the types of transfers allowed, the transaction limitations, if any, and how to report an error or a suspicious transaction. Our Electronic funds Transfer Disclosure is available on our website. Learn More
Limitations on Funds Transfers
Transfers from savings account are limited, as described in the terms and conditions that were provided to you at account opening. You are unable to transfer funds on which we have placed a hold on all or part of the account balance, or as to which some or all of the balance is not otherwise available for withdraw. You cannot transfer the portion of the funds held or otherwise unavailable until the hold expires and the funds become available for withdrawal. We reserve the right to impose limitations on the frequency of transfer for security purposes at any time. We reserve the right to impose limitations on the dollar amount of transfers for security purposes at any time.
Posting of Transfers
Transfers initiated by use of Digital Banking Services before 7:00 p.m. (Eastern Standard Time) on a business day are posted to your account the same day. Transfers completed after 7:00 p.m. (Eastern Standard Time) on a business day will be posted on the next business day. Transfers completed on Saturday, Sunday or a Federal Holiday will be posted on the next business day.
Mobile Banking Terms and Conditions
Our Mobile Banking and Mobile Deposit Services are offered as a convenience and supplemental service to our Personal Online Banking Services. It is not intended to replace access to Personal Online Banking from your personal computer or other methods you use for managing your account(s) and service(s) with us. To utilize the Mobile Banking and Mobile Deposit Services, you must download our Mobile Banking App. Our participating carriers include (but are not limited to) AT&T®, Sprint®, T-Mobile®, Verizon®. You acknowledge that the Services are dependent upon the availability and quality of the wireless network through which you are accessing the Services and, as a result, the Services may not be accessible or have limited utility depending upon your choice of wireless network and the availability of data services provided by your mobile carrier. For example, a text message may be delayed or may fail to reach your mobile device. We cannot guarantee and are not responsible for the availability or utility of your wireless service. Message & Data rates may be charged by your mobile carrier. When you use the Services, you remain subject to the terms and conditions of your existing agreements with your service providers, including but not limited to, your mobile service provider and their Agreement does not amend or replace any of those agreements. You agree that only your mobile service provider is responsible for its products and services. You agree to resolve any problems with your provider directly without involving us. We do not warrant that the Services will meet your requirements, operate without interruption or be error-free, and we will not be liable for any loss or damage caused by the unavailability or improper functioning of the Services, or for any actions you take in reliance on the Services, including without limitation, service interruption, inaccuracies, delays, or loss of data. As part of the Services, the bank offers access to your account information (to obtain balances and last transactions) over SMS. You may choose to access the Services using an Internet-enabled mobile device. Some function(s) of the Services may not be available through the Web browser. We reserve the right to modify, delete or add services at any time. We may also limit the types and number of accounts eligible for the Services and may choose not to complete any transaction you request through the Services. For security purposes, we may also limit the type, frequency and amount of transactions we will permit using the Services and may change or impose the limits without notice to you.
Alerts
You have the option to set up alerts based on certain activity in your accounts (e.g., low balance alerts). Enrollment requires identification of your banking relationship(s) and your mobile phone number. You may select the type of alerts and other preferences which will determine, together with your account data, the frequency of alerts delivered. These Services will be ongoing. Message & Data rates may apply. You may unenroll at any time.
Manage Cards
These Services may include the opportunity for you to set alerts and controls on the use of your card for certain transactions. Alerts and controls are set to apply to your card singly. All cards attached to a joint account are accessible within Manage Cards and can have different settings applied. Controls and alerts which you set to apply specifically to a card use will not apply to non-card transactions. There may be a delay between the time you set an alert or control and the time that the alert and control takes effect. Controls and alerts you set based relevant to the location of your mobile device or the location of a merchant may not apply as you intend for card-not-present transactions or transactions where the location of the merchant differs from the merchant’s registered address. Depending on how you choose to establish a control, please be aware that the control may prohibit you from making transactions you otherwise intend to make. In the event you terminate your use of the Services, the alerts and controls you have set may remain in place. If you wish to remove alerts and controls after terminating use of the Services, please contact the Bank. For more information about the functionality of card management, please see Help in the Cards menu.
Mobile Deposit Services
In order to participate in the Mobile Deposit Service, you must at all times maintain an Account with us. The Services permit you to take an image of a check with your smart phone and deliver that image to us for deposit, in accordance with our requirements. You retain the original paper check after you make the deposit. If we accept a Check Image for collection, we will attempt to collect the item by presenting the Check Image or converting the Check Image to a Substitute Check, or in any other manner. The manner in which the Check Image or Substitute Check is presented for payment, cleared and collected will be determined by us, at our discretion. You agree that all Check Images you deposit through the Services will be considered "items" and "instruments" under the Uniform Commercial Code, as if they were the original paper items. We may terminate the Services or change, modify, add or remove requirements or functionality in connection with the Services at any time, without notice to you. You understand that in the event the item you submitted for deposit is returned unpaid, you will receive only a copy of the Check Image, the Substitute Check, or other information available to us, depending on the manner of presentment. The amount of the unpaid item and a processing fee may be debited from the account where the item was originally deposited. Ask the bank for a copy of our current Special Handling Fee Schedule.
Funds Availability: Funds will be available within three business days, if deposits are made prior to 7PM Eastern Standard Time (EST) on a business day. The deposit status will be updated throughout the process. If you have questions, please contact the Bank. In the event the Bank has valid reason(s) for further delaying funds availability we will provide a notice of Delayed Funds Availability to you. You may want to consider making your deposit through either a branch office, at an ATM, or night depository, if you need the use of your funds prior to three business days.
Your Eligibility for the Service: We will determine from time to time at our discretion if you are eligible for the Services. We may impose limits from time to time on the amount or number of deposits you make through the Services and, at our sole discretion, we may refuse to permit you to make deposits to any particular Account(s) through the Services. We may suspend or terminate your use of the Services at any time and without prior notice to you. You must at all times maintain an Account with us to be eligible for the service. We reserve the right to review your use of the Services and your security practices, and may require you to implement reasonable and necessary controls in order to continue to use the Services.
Items Eligible for the Service: We may decline to accept any Check Image you submit through the Services, at our sole discretion. Only a check payable to you, payable on demand and drawn on or payable at an office of a United States bank is eligible for deposit as a Check Image through the Services. You must physically endorse each paper check and ensure that all endorsements are obtained prior to creating a Check Image for transmission to us.
Ineligible Items for the Service: Examples of items that are not eligible for deposit through the Services include: checks drawn on banks located outside the U.S., travelers checks, checks payable in a currency other than U.S. currency, savings bonds, money orders and promissory notes. In addition, you may not deposit any of the following through the Services: checks payable to a person other than you (even if the check is endorsed over to you), fraudulent checks, or checks you suspect are fraudulent, stale checks (more than 6 months old), checks that have been previously deposited with us or at another financial institution, Substitute Checks, Remotely Created Checks, checks containing alterations of any kind, or any other type of item that we determine from time to time to refuse to accept through the Services. If you scan and attempt to deposit one of the items that are not eligible for deposit, we may, at our option, reject the deposit and notify you that it is rejected. In such a case, we are not required to return the image of the item that you attempted to deposit.
Technical Requirements/Accuracy of Images: In order to use the Services, the mobile phone you use must meet the technical requirements we specify from time to time. We have no responsibility for any technical difficulties you may have with accessing the Services, including difficulties with your phone or your mobile carrier.
You are solely responsible for accurately capturing a clear and complete image of each paper check, including MICR Data. If your Smart phone produces Check Images that we determine are not of acceptable quality, we may, at our option, reject your deposit (although we have no obligation to inspect the Check Images you submit for deposit). You are required to inspect all Check Images to ensure the legibility of the Check Image, including without limitation the dollar amount of the check, the signatures of the persons signing and endorsing the check and the MICR Data.
You are responsible for any errors as a result of your failure to follow our guidelines or requirements when submitting a Check Image for deposit. We have no liability to you for any failure to process a deposit of a Check Image for which you have not provided us (i) full and correct information from the original paper check, (ii) an accurate and legible image of the original paper check, or (iii) a Check Image in compliance with our formatting standards and other guidelines we have made available to you.
Our Receipt of Check Images: Any transmission of a Check Image for deposit made after the cut-off time we establish from time to time will be deemed to be received by us at the opening of the next Business Day. A Check Image transmitted for deposit using the Services is received when the entire transmission in which the Check Image is contained is received and approved by us.
We are not responsible for Check Images that we do not receive for any reason, including a transmission error. A Check Image is deemed to be received by us only when we send you confirmation that we have received the Check Image. Even after we confirm receipt, the Check Image may be rejected by us for any reason, at our sole discretion. You understand that we have no obligation to verify the accuracy or quality of any Check Image prior to processing the deposit. We may, at our discretion, reject a Check Image at any time before we submit it for collection. We have no obligation to reject, repair, alter, amend, or re-format in any manner a Check Image that you transmit to us for deposit.
Your Representations and Warranties: Each time you submit a Check Image to us for deposit to an Account through the Services, you are deemed to have made the same representations or warranties to us that would have applied if you had deposited the original paper check, and all representations or warranties that we must make under applicable law, clearinghouse rule, regulation, operating circular, agreement or otherwise to any person when we transfer, present or originate a transaction from the Check Image or a Substitute Check created from the Check Image. In addition, you make the following specific representations and warranties:
Retention of Original Check: When the Check Image you have submitted to us for electronic deposit has been credited to your account, you must mark the original check with the word "VOID MOBILE DEPOSIT MM/DD/YY" in ink which cannot be erased, and you must retain the physical check securely for period of ten (10) days. You must store the check securely, using precautions at least as secure as you would use to protect blank checks. You must make the original paper check available to us at our request at any time. If you fail to produce the original check upon our request during the ten (10) day period, you authorize us to deduct the amount in question from your account, regardless of whether such deduction may cause your account to become overdrawn, and to pay any associated fees. At the expiration of the ten (10) day period, you must destroy the original paper check.
Indemnification: With respect to your use of the Services and each Check Image that you transmit to us, in addition to any other indemnification obligations that you may have pursuant to other agreements with us, you shall indemnify and hold us harmless from and against any and all claims, demands, damages, losses, liabilities, penalties and expenses (including without limitation, reasonable attorney fees and court costs) (collectively, "Claims") arising directly or indirectly from or relating to your use of the Service or your breach of the representations, warranties or covenants set forth in this Agreement, including without limitation any such Claims relating to (a) any duplicate, fraudulent, altered or unauthorized check, Check Image or Substitute Check, (b) our acceptance of or creation of a Check Image or Substitute Check rather than requiring presentment of the original physical check, (c) your attempt to duplicate the presentation to us or any other depository institution of a Check Image through the presentation of the original physical check or any Check Image or Substitute Check derived from the original physical check, or (d) our inability to qualify as a holder in due course of any physical check or the Check Image of a physical check under the Uniform Commercial Code.
Right of Set-Off: As a condition of depositing any item by use of the Services, you agree that you will not re-present the original check in any form. You are responsible for any losses we incur if the original check is presented again for payment, and agree to indemnify us for any such losses. Notwithstanding any other rights we have under this Agreement or any other agreement we have with you, and in no way limiting other rights we may have to set-off for losses or damages, you agree that we may set-off from your account, including any account you hold jointly with others, in order to reimburse ourselves for any loss that results from your re-presentation of the original check.
Availability of the Services
We will use reasonable efforts to make the Digital Banking Services available; however, they may be unavailable from time to time for maintenance or other reasons. If Digital Banking Services are unavailable or any other reason, you may access your account information in another manner such as visiting a bank branch office or using our Telebank system. We make no representations or warranties about the availability of the Services.
Consent to Electronic Delivery of Bank Notices
You agree that any notice or other types of communication provided to you or others you may authorize pursuant to the terms of this Agreement, and any future disclosures required by law, including Electronic Funds Transfer disclosures, may be made electronically by posting the notice on the Bank's website or by email. You agree to notify the Bank immediately if you change your email address.
Paperless Statements
If you chose our Paperless Statement product for any of your accounts or if it is required by the terms of a particular type of account, you agree to receive your selected bank statement(s) electronically via Personal Online Banking and to discontinue receiving paper statements. It also means that you agree to receive online any legal notices and other information affecting your accounts that would otherwise have been included with your paper statement, including, but not limited to, account agreements, fee schedules, privacy and other regulatory notices, and amendments to any of those documents. If paid checks or images of paid checks are returned with your paper statement the images of paid checks will not be returned, but images of your paid checks will continue to be available online. When you select this option, you must then log on to the Bank's secure Personal Online Banking website using your Personal Online Banking password and account ID to view your Paperless Statement, check images and/or other notifications.
In order to access your statement information electronically, you must have a computer with internet access and a browser, sufficient electronic storage capacity on your computer’s hard drive or other data storage unit, a program that accurately reads and displays PDF files (such as Adobe® Acrobat ® Reader ®) and an email account with an Internet service provider. To print and retain your Paperless Statements, you will need a printer attached to your computer.
When your online Paperless Statement is available, you will receive an email notification to your external Internet email address. This is the external email address you previously provided to the Bank. If your email notification is returned to us undeliverable, we may discontinue Paperless Statement services and mail your paper statements via U. S. Mail. There may be a charge in accordance with the applicable Special Handling Fees for subsequent paper statements.
If your email address changes, you must provide us with your new email address by contacting your banking office or the Bank at the telephone number listed on the Bank's website or email us or write us at the Bank's address on the website. Regardless of your receipt of email notification, you agree that our posting of the Paperless Statement on the Personal Online Banking Web site constitutes delivery of your statement. You agree to log on to the Personal Online Banking at least once a month to review your statements.
If you would like a paper copy of any statement, please contact your banking office or the Bank at the telephone number listed on the Bank's website or email us or write us at the Bank's address on the website. We may charge a fee for each statement copy you request.
You may elect to withdraw consent to receive your statement in electronic format. If this is a feature of a particular account we reserve the right to convert this account to another type of account with similar features. To withdraw consent, please contact your banking office.
Remote Support
The Bank has established an Agreement with a third-party vendor, Bomgar, to provide remote support to our online customers who may need help with their personal online banking access. By using Bomgar, the Bank can provide safe and secure remote support.
Each time a remote session is requested by our personal online banking customer(s), he/she will be asked to read and accept the Bomgar Waiver Agreement before services are rendered. Contact us for more details.
Hardware and Software Requirements
To access Digital Banking Services you will need a computer or mobile device with internet access and a compatible browser, a compatible operating system, and/or a Park National Bank Mobile Banking App that meets our hardware and software requirements.
Supported operating systems for desktop-based access: Microsoft® Windows 7, Windows 10 and Mac OS® X (latest stable).
We support the two most recent versions of the following browsers: Microsoft® Internet Explorer, Google Chrome™, Mozilla® Firefox, and Safari.
Supported operating systems and browsers for phone channel access: Android™ – The most recent major OS version. Only the default installed browser is supported. For the majority of devices this is the Android Browser. For devices where Chrome is the default browser, this will be supported. Beta versions of browsers, such as Chrome Beta, are not supported. The SMS channel is only supported for Android device that have SMS capability. iOS – The most recent major OS version. Beta releases of iOS are not supported. Safari is the only supported browser. Only major versions released directly by OEMs (Apple® or Android hardware manufacturer) are included. Any OS version updates or patch released that are released by carriers are not supported. Supported App Stores are iTunes® (Apple App Store) and Google Play (Android App Store). Mobile Deposit requires a rear camera-equipped device with at least two mega-pixels in resolution. We may change hardware or software requirements at any time or may require you to upgrade your Mobile Bank App to continue to use Mobile Banking and Mobile Deposit Services.
Computer Specifications: It is your responsibility to obtain and maintain the communication links required to use our Digital Banking Services, such as Internet service provider, telecommunications companies and any other authority identified by you.
Your Responsibility
You acknowledge that in connection with your use of the Digital Banking Services, the Bank, its divisions and service providers may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with these Services (collectively “User Information”) so that we may effectively deliver these Services to you.
The Bank, its divisions and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Bank, its divisions and service providers also reserve the right to monitor use of these Services for purposes of verifying compliance with the law, these terms and conditions, and any applicable license, but disclaims any obligation to monitor, filter, or edit any content.
Restrictions on Use
You agree not to use the Services in, or for, any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations.
Security and User Information
You agree to take precautions to protect the security and integrity of your Account(s) when using the Services, including but not limited to (a) not leaving your device unattended while logged into the Services; (b) logging off immediately after using the Services; (c) not providing your user name, password, or other access information to any unauthorized person.You agree that you are solely responsible for all transactions made with respect to your Account(s) by any person you allow to use your device, login information or other means of accessing the Services.
You are solely responsible for the security of your access to the Services. You should not provide access to the Services to anyone other than an owner of the Account. You must comply with the security procedures or practices we require from time to time. You are also solely responsible for safeguarding the security and confidentiality of any information obtained through your use of the Services, for physical checks which you have imaged and for preventing errors or unauthorized access to the Services and/or your Account(s).
Password and Virus Protection
At all times your account ID and password should be secured and kept confidential. Any computer virus or related technology or software problems that may occur with your computer are your responsibility. The Bank recommends that you routinely scan your computer and related media using a reliable virus detection product. For more information about Password Protection and Set-Up go to our Website Security Section. Learn More
Indemnification
Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless the Bank, its divisions, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney fees and court costs) caused from (a) a third party claim, dispute, action, allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Services; (b) your violation of any laws or rights of a third party; or (c) your use, or use by a third party, of the Services.
Your Right to Terminate
You may cancel Digital Banking Services at any time by providing the Bank with written notice by U.S. mail. Your access to Digital Banking Services will be suspended three (3) business days after the Bank's receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
To stop Text Messages - You can opt out of the Text Message Service via SMS. Just send a text that says “STOP” to 98633. You will receive a confirmation text message. After that, you will not receive any future text messages.
To Unenroll and/or Suspend Your Mobile Banking and/or Mobile Deposit Services - You have two (2) options; Important! If you unenroll from the Mobile Banking Service, you will also unenroll from Mobile Deposit Service.
To unenroll/suspend your Mobile Banking/Mobile Deposit Services, BUT KEEP your Personal Online Banking Service assess, then you will take the following steps: Log onto Personal Online Banking. (Please note that your Mobile Banking Service credentials are the same as your Personal Online Banking Service credentials.) Remove/Deregister your mobile device from the Profile section. Remove the Mobile Banking application from your mobile device.
To unenroll /suspend BOTH Mobile Banking/Mobile Deposit Services AND your Personal Online Banking Services, you will need to: Provide the Bank with written notice by U.S. postal mail at this address: Park National Bank, Attention: Mobile Banking Dept. 50 North Third Street PO Box 3500 Newark, OH 43058-3500 Remove/Deregister your mobile device Remove the Mobile Banking application from your mobile device, if applicable.
The Bank's Right to Terminate
You agree that the Bank can terminate or limit your access to Personal Online Banking Services for any of the following reasons in whole or in part, any time without prior notice.
• Without prior notice, if you have insufficient funds in any one of your Bank accounts. Personal Online Banking Services may be reinstated, at the Bank's sole discretion once sufficient funds are available to cover any fees, pending transfers or debits
• Upon reasonable notice, for any other reason at the Bank's sole discretion.
Changes to this Agreement and Disclosure
Except as otherwise required by state or federal laws or regulations, the Bank may change the terms and conditions of this Agreement from time to time and at any time. When changes are made to the Agreement the Bank will post the revised Agreement on the Bank's website. Changes will become effective when posted to the website and you may be required to "accept" or "decline" the changes. If state or federal laws or regulations require advance notice of the changes, the Bank will adhere to all notification requirements in accordance with state or federal laws and/or regulations.
Questions - You can contact us 24 hours a day/ seven days a week at 888-474-7275, chat or send a text message with the word “HELP” to 98633.
By using, visiting or browsing our Digital Banking Services, you agree to, and acknowledge that you have read and understand, the terms and conditions of this Agreement.
Mac OS and iTunes is a registered trademark of Apple Inc.
Microsoft, Windows, and Internet Explorer are registered Trademarks of Microsoft Corporation in the United States and other countries.
Android is a trademark of Google LLC.
Firefox is a trademark of Mozilla Foundation in the United States and other countries.
Google Chrome is a trademark of Google LLC
Adobe, Acrobat and Reader are either registered trademarks or trademarks of Adobe in the United States and other countries.
Effective Date: December 2020