Doral Bank Direct - Terms and Conditions
Please read these Terms and Conditions carefully
and keep them for future reference.
Definitions. The words you
and your refer to either and all of the persons signing the Application.
The words we, us, and our refer to the financial institution identified
in the Application. The words your deposit accounts refer to the deposit
accounts with us identified in the Application. The words your loan accounts
refer to the loan accounts with us on which either or all of you are obligated to
us. The words your accounts refer to your deposit accounts and your loan
accounts. The words our internet service refer to our Doral Bank Direct.
The word terms refers to these Terms and Conditions. ACH refers to
Automated Clearing House.
Security. We work hard to make
our website secure. We will employ such security measures as in our reasonable judgment
are appropriate to secure our website. You will not use our website for unauthorized
purposes. We may monitor and audit transactions made through our website.
Access to Accounts Via the Internet.
Subject to the terms set forth below, we will provide you with our internet service
pursuant to which you can access your accounts by computer via the internet through
our website using your username and password and providing such other information
as may be required by our website to accomplish the following:
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Transfer funds between your deposit
accounts. |
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Make payments from your deposit
accounts to your loan accounts. |
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Make payments from your deposit
accounts to third parties pursuant to our Online Bill Payment Program described
below. |
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Get information about your accounts,
such as account balances or information on deposits or withdrawals. |
We will have no obligation to carry out any
transfers or payments unless there are sufficient funds in the pertinent deposit
account or any overdraft line of credit on that deposit account. We will promptly
provide you with a username, password, the address of our website through which
you can access your accounts, and such other information as you will need to participate
in our internet service. You can arrange for a change of your password by calling
the number set forth below. Please see the Limitations on Frequency of Transfers
below.
Online Bill Payment Program. Our
Online Bill Payment Program requires the execution of a separate written agreement
and may involve third party service providers or senders.
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There are no additional charges for
our Online Bill Payment Program. |
Hardware and Software Requirements.
We will promptly provide you with a statement of the computer hardware and software
requirements to participate in our internet service. We can change these requirements
and will give you advance notice of any such changes. Unless you comply with such
changes, you will not be able to participate further in our internet service. You
are solely responsible for setting up and maintaining your computer hardware and
software and satisfying all hardware and software requirements.
Electronic Disclosures and Notices.
This Disclosure describes the process that must occur before we can provide you
with electronic disclosures and notices (such as by email or website). It also describes
your rights in the event you consent to receiving electronic disclosures and notices.
First we must inform you as to the computer hardware and software requirements to
receive and keep the electronic disclosures and notices. Then we must make an electronic
request for your consent. Finally, you must give your consent electronically in
response to our request. You understand prior to giving your consent that:
- Your consent applies to disclosures and
notices regarding your accounts or our internet service, but does not apply to your
periodic account statements;
- Unless you consent, you have the
right to receive all required disclosures in paper or non-electronic form;
- Even after consent, if you want
to receive a paper copy of the disclosure in addition to the electronic disclosure
you can obtain one free of charge by calling us;
- You can withdraw your consent at
any time by calling us; and
- You must promptly provide us with
the information (such as an email address) needed to communicate with you electronically
and update us as to any changes in such information by calling us.
We reserve the right to provide any disclosures
or notices in writing, rather than electronically. Except as otherwise provided
by law or in other agreements, you can give us all notices regarding your accounts,
our internet service, or your periodic statements, except for stop payment orders,
by email using our then current email address, regardless of anything in this agreement
to the contrary; however, we reserve the right to have notices confirmed in writing
upon our request.
Stop-Payment Orders. To be effective,
a stop-payment order must be received in time to allow us a reasonable opportunity
to act on it, and for some ACH debits must be received at least three banking days
before the scheduled date of transfer. To be effective, a stop-payment order must
identify the payment sufficiently to allow us a reasonable opportunity to act on
it. If the payment is by check, or if the payment is by ACH debit and we give notice
at the time an oral stop-payment order is received that written confirmation is
required and provide an address where the written confirmation can be sent, an oral
stop-payment order is effective for 14 calendar days only, unless confirmed in writing
within the 14-day period. Properly signed written stop payment orders are effective
for 6 months after date received and will automatically expire after that period
unless renewed in writing. With respect to ACH debits, you and we agree to abide
by the ACH rules and regulations regarding stop-payment orders.
We will charge you $15.00 for each
stop-payment order you give.
Hours of Operation. You ordinarily
can participate in our internet service 24 hours a day - 7 days a week. However,
we reserve the right to suspend our internet service from time to time as we deem
appropriate.
Transaction Posting. Transactions
entered on our website on or before 5:30 p.m. on any business day will be posted
on the same day. Transactions entered on our website on weekends, federal holidays
or after 5:30 p.m. on a business day will be posted by the end of the next business
day.
Assignment and Delegation. We
can assign our interest and responsibilities under this agreement, delegate our
responsibilities under this agreement, and use independent contractors to perform
or assist in the performance of our responsibilities under this agreement, as we
deem appropriate.
Limitations on Frequency of Transfers.
In addition to those limitations on transfers elsewhere described, if any, the following
limitations apply:
Regardless of anything else in this
or other agreements, transfers and withdrawals from a savings account to another
of your accounts or to third parties by preauthorized, automatic, telephonic, or
computer transfer cannot exceed six per calendar month or statement cycle of at
least four weeks with no more than three being by check, draft, debit card, or similar
order to third parties.
For security reasons, there may be
other limitations on the number of transfers you can make.
Termination. We can terminate
your right to participate in our internet service at any time if you fail to comply
with these terms or the terms of your account agreements with us, including any
failure to pay a required fee. Either you or we can terminate this agreement without
cause upon 30 days advance notice.
Changes in Terms. We can change
these terms by giving you notice as required by law. Continued use of our internet
service by you after notice of a change in terms constitutes acceptance of the change.
Notices. Notices must be in
writing and mailed or hand delivered, except that we can give them to you electronically
if you have so consented. Notices to you are effective when given, regardless of
whether you receive them. Notices to us are effective only when we actually receive
them.
Irreconcilable Conflicts. These
terms supersede those of your deposit or loan account agreements to the extent they
cannot be reconciled. You expressly waive any deposit account agreement requirements
of one or more signatures for withdrawal when using our internet service. Any one
of the persons authorized to make withdrawals from your deposit accounts is authorized
to make transfers pursuant to our internet service, even if your account agreements
provide that multiple signatures are required for withdrawal.
FEES
Except as indicated elsewhere in this or other
agreements or disclosures, we do not charge for our internet service.
We can debit any fees to any of your
deposit accounts without notice.
DOCUMENTATION
Periodic Statements. You will get a
monthly account statement from us for your deposit accounts, unless there are no
transfers in a particular month, in which case you will get a statement at least
quarterly.
FINANCIAL INSTITUTION'S LIABILITY
Liability for Failure to Make Transfers.
If we do not complete a transfer to or from your account on time and in a 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, for instance:
- If, through no fault of ours, you do not
have enough money in your account to make the transfer.
- If you have an overdraft line,
and the transfer would go over the credit limit.
- If circumstances beyond our control
such as interruption of telecommunication service, catastrophic or emergency conditions,
or a natural disaster (such as a fire or flood) prevent the transfer, despite reasonable
precautions that we have taken.
- If the funds are subject to legal
process or other encumbrance restricting the transfer.
- There may be other exceptions stated
in our agreement with you.
Except as expressly required by these terms
or otherwise required by law, we will not be liable for any losses or damages resulting
from:
- Deficiencies in your computer hardware
or software or in your ability or care in using them, or
- Problems relating to your access
to the internet.
CONFIDENTIALITY
We can disclose information to third parties
about your account or the transfers you make:
- Where it is necessary for completing transfers;
or
- In order to verify the existence
and condition of your account for a third party, such as a credit bureau or merchant;
or
- In order to comply with government
agency or court orders; or
- As explained in our separate privacy
disclosures.
UNAUTHORIZED TRANSFERS
Consumer Liability. Tell us AT ONCE
if you believe your code has been lost or stolen, or if you believe that an electronic
fund transfer has been made without your permission using information from your
check. 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 2 business days after you learn of the loss or theft of your
code, you can lose no more than $50 if someone uses your code without your permission.
If you do NOT tell us within 2 business
days after you learn of the loss or theft of your code, and we 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.
Also, if your statement shows transfers
that you did not make, tell us at once. If you do not tell us within 60 days after
the statement was mailed to you or was provided electronically if you consented
to receiving the statement that way, you may not get back any money you lost after
the 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 will extend the time periods.
Contact in Event of Unauthorized
Transfer. If you believe your code has been lost or stolen, call or write us
at the telephone number or address listed below. You should also call the number
or write to the address listed in this brochure if you believe a transfer has been
made using the information from your check without your permission.
ERROR RESOLUTION NOTICE
In Case of Errors or Questions About Your
Electronic Transfers, Call or Write us at the telephone number or address listed
below, 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 you, or provided electronically
to you if you consented to receipt that way, the FIRST statement on which the problem
or error appeared.
- Tell us your name and account number (if
any).
- 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.
- 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 (20 business days if the transfer involved a new
account) after we hear from you and will correct any error promptly. If we need
more time, however, we may take up to 45 days (90 days if the transfer involved
a new account, a point of sale transaction, or a foreign-initiated transfer) to
investigate your complaint or question. If we decide to do this, we will credit
your account within 10 business days (20 business days if the transfer involved
a new 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. If we ask
you to put your question or complaint in writing and we do not receive it within
10 business days, we may not credit your account. Your account is considered a new
account for the first 30 days after the first deposit is made, unless each of you
already has an established account with us before this account is opened.
We will tell you the results 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.
DORAL BANK, FSB
623 FIFTH AVENUE, 13TH FLOOR
NEW YORK, NY 10022
Business Days: Monday through Friday
Excluding Federal Holidays
Phone: (877) 31-DORAL (877-313-6725)
MORE DETAILED INFORMATION IS AVAILABLE ON
REQUEST
1206968-030
© 2005 Wolters Kluwer Financial Services - Bankers Systems
Form INET-AGR-BRO 6/1/2005 11a
Doral Bank Direct is the operating name for our online banking services. Our deposit products have the most competitive rate with the most desirable features. Our goal is simple: we want to provide you with the best value so you can earn more and save more. That is why at Doral Bank Direct you will always get the best rates and the best service. But it’s also about easy access and navigation, so we made sure that you can open your online account in minutes. It’s almost effortless. Transfer money from any of your bank accounts or mail us your check. You choose. We are a member of the FDIC, so your deposits are insured to at least $100,000.
Doral Bank Direct is a wholly owned subsidiary of Doral Financial Corporation. (NYSE: DRL), a diversified financial services company headquartered in Puerto Rico with 35 years in the banking industry. For more information on Doral Financial Corporation, please visit www.doralfinancial.com.
Start saving more today by opening an account online or calling a Doral Bank Direct representative toll-free at 1-877-31-DORAL (36725).
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