Synovus® Bank My Synovus™ Banking Services Agreement
This My Synovus™ Banking Services Agreement (“My Synovus Agreement” or “Agreement”) governs your use of Synovus’ My Synovus™ online banking, mobile banking, and other account access services (collectively the “Service”, “My Synovus Service”, or “My Synovus”). Please read this Agreement carefully and keep a copy for your records.
The main page of the My Synovus Service provides you with access to online and mobile services for your Synovus accounts that may include:
- Checking and savings accounts
- Credit card accounts
- Mortgage loans serviced by Synovus Mortgage Company
- Home equity lines of credit
- Personal Loans and Lines of Credit
(collectively “Accounts,” as further defined below).
This My Synovus Agreement supplements and is hereby incorporated into the agreements applicable to your Accounts with Synovus, including:
- For checking and savings accounts -the Terms and Conditions of Your Account contained in the Brochure entitled Understanding Your Deposit Account
- Credit card account - your credit card account agreement
- Mortgage loan - your loan agreement
- Home equity line of credit - your home equity line of credit agreement
- Personal loan or line of credit - your personal loan or line of credit agreement
- Brokerage account - your brokerage account agreement
(collectively those applicable to your Accounts are referred to herein as (“Account Agreements”)). If a discrepancy or inconsistency is determined to exist between the terms of this My Synovus Agreement and one of your Account Agreements, then this My Synovus Agreement shall control with respect to My Synovus Service, but only to the extent necessary to address the discrepancy or inconsistency.
1.1. Agreement to Terms; Consent to Contract and Receive Communications Electronically
By clicking the “I Accept” button below, by enrolling in or registering for the My Synovus Service, or by using any of the My Synovus Service, you demonstrate your agreement to contract electronically with Synovus and to be bound by this Agreement, and agree to receive electronically, via the email or mobile phone number associated with your Account(s), all notices and disclosures for your Accounts (“Communications”) in electronic form. At this time, Communications also may be delivered to you in paper form, but Synovus reserves the right to require the receipt of only electronic Communications in the future. In addition, you reaffirm your agreement to this Agreement every time you log in to or use My Synovus. You further agree by these actions that (a) you and Synovus will conduct the transactions using My Synovus electronically; (b) you acknowledge that you have received an electronic copy of this Agreement; (c) you confirm your authorization and informed consent to the delivery of electronic Communications to you under this Agreement as described in subsection 1.5 below; and (d) you have the ability to receive Communications via email or text messages. Please note that all customers using the My Synovus mobile app are automatically enrolled in Synovus’ fraud text alert program. By providing Synovus with your mobile phone number, whether in the mobile app registration process or otherwise, you consent to the receipt of fraud text alerts from us regarding your Accounts (as defined below). You may also opt in to receive bill pay alerts, security alerts, external transfer alerts, user-directed or requested alerts, and other alerts. Some mobile text alerts are mandatory in order to receive certain services, such as third-party external transfer services.
1.2 Scope of Agreement
We make certain digital banking services available through My Synovus™ on our website at synovus.com (“Online Banking”) (whether accessed through a computer or a mobile device) and through the Synovus mobile banking application (“App”) (“Mobile Banking”) (available for download at the iTunes store and at Google Play). The Services available through Online Banking and Mobile Banking may differ, which we explain further in this Agreement.
We also may offer and you may elect to receive certain My Synovus Services in addition to those described in this Agreement (“Supplemental Services”). Those Supplemental Services also will be My Synovus and subject to this Agreement and to any additional terms in a Supplemental Addendum. Each Supplemental Addendum will be incorporated into this My Synovus Agreement upon your agreement thereto or your use of the Supplemental Service.
1.3. Authority to Enter into Agreement
By executing this Agreement and accepting the terms and conditions of this Agreement, you represent and warrant that: (a) you are the owner or joint owner of one or more Accounts, (b) you are at least eighteen (18) years of age (nineteen (19) years if you are an Alabama resident) or you are a minor at least 13 years of age with an Account that is jointly owned with a parent, guardian or other relative (who is an adult), and (c) you are fully authorized to execute this Agreement for the Accounts. The Services are not directed to children under 13 years of age and we will not knowingly allow any child under 13 years of age to use the Services.
1.4. General Definitions and Meanings
As used in this Agreement, the word “Account” means your deposit accounts and certain loan and line of credit accounts accessible through My Synovus that you use for personal, family, or household purposes and on which you are identified as a primary or joint owner and with respect to which Synovus makes available the Services, including such Accounts as you might establish in the future. The term “Account” does not include any commercial business or trust accounts you have with us. Through My Synovus you can access the Wealthscape™ service for your securities and brokerage accounts held by Synovus Securities, Inc. (“Synovus Securities”), which are referred to in this Agreement as “Brokerage Accounts”. Once you access Wealthscape through My Synovus you will leave My Synovus and enter the Wealthscape website and service. Synovus is not responsible for the availability, performance or conduct of Wealthscape or any actions taking thereon or thereby. Actions you take with your Brokerage Accounts using Wealthscape are on the Fidelity website and not on My Synovus. Synovus Securities is a brokerage affiliate of ours and is not a bank. Brokerage Accounts are not insured by the FDIC, not a deposit or other obligation of, or guaranteed by, Bank or any banking affiliate, and are subject to investment risks, including possible loss of the principal amount invested. You may exclude or prevent access using the Services to any of your Accounts and your Brokerage Accounts at any time using My Synovus.
The words “you” or “your” used in this Agreement refer to each person opening an Account and each person authorized to use the Account. “We,” “us,” “our,” “Bank,” and “Synovus” refer to Synovus Bank, a banking corporation, and any agent, independent contractor, designee, or assignee Synovus may, in its sole and absolute discretion, involve in the provision of the Services.
1.5. Electronic Communications Disclosure and Consent. This Electronic Communications Disclosure and Consent (“Consent”) applies to all Communications relating to the Services. If you have provided us a similar consent to receive electronic communications in connection with any Synovus product or service other than My Synovus, this Consent will control with respect to My Synovus but only with respect to My Synovus.
You hereby consent, understand, and agree that: (i) this Agreement will be entered into electronically; (ii) the transactions provided for in this Agreement will be conducted electronically; (iii) you consent to receive Communications electronically; and (iv) this Consent shall last until you withdraw your consent to receive Communications electronically as provided below.
This subsection 1.5 only applies to minors to the extent allowed by applicable law. Minors are hereby prohibited from “going paperless”, i.e., requesting that Synovus stop sending paper statements to the minor.
1.5.1. Scope of Communications to Be Provided in Electronic Form. When you use any of the Services, you agree that we may provide you with any Communication in electronic form, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. For purposes of this Consent, Communications include all of the following:
- This Agreement and all amendments to this Agreement
- All Addenda for all Supplementary Services and all amendments to such Addenda
- Notices with respect to any changes to this Agreement or any Addendum, or any changes in terms of your deposit, credit card or other loan Accounts designated by you now or in the future to be accessed using any Service
- All periodic statements (including combined statements) for any of your deposit Accounts designated by you now or in the future to be accessed using any Service
- Any confirmations for your Online Banking, Mobile Banking, or Supplemental Service transactions
- Account transfer notices and confirmations
- All other notices or communications delivered by us to you under this Agreement
- Balance, activity, and certain other information on Accounts designated by you now or in the future to be accessed using any Service
- Inquiries or notices to you about transactions made using the Service
- Authorizations related to the Service or the Service Accounts
1.5.2. Methods of Providing Communications to You in Electronic Form. In general, we will provide Communications to you in electronic form either (a) by posting a message to you in My Synovus; (b) by email to the email address for you in our records; or (c) for the Mobile Banking Service, either through text messaging or in-App messaging to your cell phone or other mobile device (“Mobile Device”) to the extent those messaging options are made available by us.
You agree to maintain a valid email address on file with us for each Account as long as you are enrolled in the Service and to promptly notify us of any change in your email address. You acknowledge and understand that our ability to provide you Communications and other information and notices regarding this Agreement or the Services is dependent on your maintenance of a valid email address on file with us for your Account. You may update your information at any time on My Synovus.
1.5.3. Paper Disclosures. In addition to the electronically communicated information provided to you above, you may obtain a paper copy of any of the Communications (including a copy of this Agreement) free of charge by providing a written request addressed to Synovus Bank, Attn: Customer Care, P.O. Box 120, Columbus, Georgia 31902. Such a request will not be considered a withdrawal of consent to receive Communications in electronic form. Paper copies of periodic Account statements will be available for twenty-four (24) months after first issued. We also may, in our sole discretion, choose to send you paper copies of any Communications even though we could have made those Communications available to you electronically.
1.5.4. How to Withdraw Your Consent. You have the right to withdraw your consent to have the Communications made available to you in electronic form. At our option, we also may treat your providing of an invalid email address or the subsequent malfunction of a previously valid email address as a withdrawal of your consent to receive Communications in electronic form. If you withdraw your consent: (i) the Services may be suspended or cancelled by us within a reasonable time after our receipt of such notice; (ii) you may experience a delay in obtaining information regarding your Accounts; and (iii) your withdrawal shall not apply to information properly provided before the withdrawal takes effect. To withdraw your consent, write to Synovus Bank Attn: Customer Care Center P.O. Box 120, Columbus, Georgia 31902. If you withdraw your consent, your communication to us must state that you withdraw your consent to receive electronic records and communications and provide the names and account numbers of the Accounts accessible through the Services. To update your contact information, call us at 1-888-SYNOVUS (1-888-796-6887).
1.5.5. Hardware and Software Requirements. In order to receive the Communications in electronic form, you must have the following hardware and software requirements:
- A personal computer, Mobile Device, or other means of accessing your email address
- Internet access through an Internet service provider
- A valid email address
- For Mobile Banking, an eligible Mobile Device, and the Mobile Banking Application
- Adobe Acrobat, to access certain electronic Communications
We may change these requirements from time to time. If any of these requirements change, we will provide you in a Communication with advance notice of the change.
1.5.6. Communications in Writing. All Communications in either electronic or paper format from us to you will be considered to be “in writing” for legal purposes and purposes of this Agreement. You should print or download for your records a copy of this Agreement and any other Communication that is important to you.
1.6. Synovus Securities, Inc. Brokerage Account Services. If you are also a Synovus Securities customer you may use Online Banking to view balance information for your Brokerage Account(s) (herein so called). Balance information will be provided by Synovus Securities™ clearing agent and will be current as of the date indicated. Other online Brokerage Account services are subject to the Synovus Securities End User Agreement for online accounts (“Synovus Securities Agreement”). In order to view transaction history, execute trades, or conduct other functions in regard to your Brokerage Account(s) you will need to access your Brokerage Account(s) through the product enrolled in by you in the Synovus Securities Agreement as these services are not available under this Agreement. Brokerage Accounts are maintained by Synovus Securities, are not insured by the FDIC, not a deposit or other obligation of, or guaranteed by, the Bank or any affiliate of the Bank, and are subject to investment risks, including possible loss of the principal amount invested. Access to Brokerage Accounts is not available through Mobile Banking.
2.0. My Synovus
The My Synovus Service contains lists of available Services, links to a means for updating your contact information for your Accounts, adding or suppressing access to Services through My Synovus, and other important tools and features. My Synovus also can be used to access important information about individual Services, such as daily cut-off times for transactions in order to be processed or credited that day. Please note that all Services are available through Mobile Banking but a few Services have features that are not available through or applicable to Online Banking. Minors may have access to fewer features and functionality of My Synovus than their Account joint owners. Further, third-party services available through My Synovus have additional services agreements with separate terms, conditions, and requirements.
3.0. Certain General Terms for All Services
This Section 3 provides some of the general terms that apply to all of the Services. See Section 6, “Other General Terms,” for additional terms that apply to all of the Services.
3.1. Your Password and User ID; Your Responsibilities. You must establish a Username and Password (collectively, the “Credentials”) to access any Service. Your Credentials will never expire, but you may change them at any time.
We are entitled to act upon instructions received through My Synovus under your Credentials and without inquiring into the identity of the person using those Credentials. However, you agree that you will not, under any circumstances, disclose your Credentials by telephone or any other means to any person. You acknowledge that no person from Synovus will ever ask for your Credentials and that our employees do not need and should not ask for your Credentials. We may in our discretion ask you personal security questions to confirm your identity, but we are not required to do so and will never ask for your Credentials.
You agree never to provide your Credentials to anyone, including anyone claiming to represent us. You are liable for all transactions made or authorized using your Credentials. You also agree that we have no responsibility for establishing the identity of any person or determining the validity of any transaction. You agree that if you give your Credentials to anyone or fail to safeguard the secrecy of your Credentials, you do so at your own risk. Anyone with your Credentials will have access to your Accounts. For that reason, you should treat your Credentials with the same degree of care and secrecy that you use to protect your automated teller machine (ATM) card, personal identification number (PIN), or other sensitive personal financial data. You agree to notify us immediately in the event that your password is lost, stolen, or otherwise compromised. At any time, you may ask us to disable your password and issue a new one to you.
3.2. Charging Your Account. In addition to our rights under applicable law and your Account Agreements, we may deduct fees, overdrafts, and other amounts you owe us (including, but not limited to, transaction amounts from returned transactions) under this Agreement from your Accounts with us or our affiliates except as prohibited by law.
3.3. Order of Payment. This subsection describes our general practice for paying transactions from your Account. We may vary the order of payment if items are presented that cannot be returned unpaid. We reserve the right to change how we pay transactions from your Account and will provide you notice of these changes. After the close of the Business Day, we add your deposits and other credits to your account. We then deduct any fees and charges owed to us. Finally, we deduct all items presented for payment. The order these items are deducted from your account balance is based upon the type of transaction and, for electronic transactions, when the transaction was performed by you or was received by us. First, we pay outgoing wire transactions in the order they were made. Second, we pay electronic transactions. For electronic transactions, we first pay preauthorized ACH debits, then ATM transactions, and then check card transactions.) in the order they were performed by you or were received by us. Next, we pay unnumbered checks and other items drawn on your Account by dollar amount in ascending order. Finally, we pay checks drawn on your Account in ascending check number order.
3.4. Stopping Payment of Checks. You may use Online Banking to stop payment on qualified checks drawn on your deposit Accounts. You must initiate any stop payment order so that we receive it in time to give us a reasonable opportunity to act on such order prior to our stop payment cut-off time. Our stop payment cut-off time is one (1) hour after the opening of the next Business Day after the Business Day on which we receive the check, which is the subject of the stop payment order. Additional limitations on our obligation to stop payment are as provided by applicable law, including, without limitation, the fact that we have no obligation to stop payment on a check that we have paid in cash or that we have certified. To be effective, your stop payment order must precisely identify the number, date and amount of the check, and the payee thereof. You agree to indemnify and hold us harmless from and against any loss or damage to us for following or attempting to follow any stop payment order. This indemnity shall survive any compliance or release of any stop payment order. A stop payment order will be effective for six (6) months and may be renewed for additional six (6)-month periods thereafter by writing us during the period the stop payment order is effective.
3.5. Legal Actions Affecting Your Accounts. Should we receive any process, summons, order, injunction, execution, distraint, levy, lien, information, or notice, which in our opinion raises any question regarding your right to the funds on deposit in any Account or the authority of any person purporting to act on your behalf, we may thereupon, at our option and without liability, refuse to honor orders to pay, withdraw, or transfer sums from the Account until such question is resolved to our satisfaction.
3.6. Account Adjustments. Further to our rights under applicable law and your Account Agreements, if any transaction made using any Service is reversed after payment has been sent, or a payment is executed without sufficient funds in the applicable Account, and we are unable to reverse the transaction or otherwise immediately recover such funds, you must pay to us the full amount of such transactions and any fees associated therewith. In addition, but without limiting the foregoing, we may make adjustments to your Account from time to time to reflect corrections or changes to your balance. Adjustments might occur, for example, if transactions are posted to your Account for the wrong amount or transactions are posted to the wrong account, or if items are returned unpaid. In the event of an error that has caused an overstated balance in your Account, you agree to reimburse us for the overstated amount.
3.7. Liability of Multiple Account Holders and Authorized Persons. Each person on an Account with multiple account holders, authorized users, or agents will be jointly and severally liable for all transactions that are made through Online Banking or Mobile Banking or by means of any Service. Each of you agrees to assume liability for all actions and transactions made by any other person on the Account through, or when using, any of the Services. Each of you should have their own unique and confidential Credentials.
3.8. Equipment. We are not responsible for any loss, damage, or injury whatsoever resulting from:
- An interruption in your electrical power, cable, telephone, or Internet service;
- The disconnecting of your cable or telephone line by your local cable or telephone company or from deficiencies in your line quality; or
- Any defect or malfunction of your PC, modem, cable or telephone line, or Internet access.
3.9. Online Banking, Mobile Banking, and Statements. All of your payments and fund transfers made through Online Banking or Mobile Banking will appear on your periodic Account statements. The transaction type, payee name, payment amount, and transaction date will be reflected for each payment made through Online Banking. Although we may provide you with both paper and electronic statements for your Accounts, the paper statements provided to you for your deposit accounts will be your statements of record unless and until we notify you otherwise or unless you enroll in electronic statementing. Electronic statements without check images are automatically provided to you for viewing purposes only and allow you to receive a visual display of balance, transaction history, and certain other information about your Accounts. Electronic statements will be available through the Service for twenty-four (24) months from the statement date. You are still responsible for reviewing all Account statements, whether delivered electronically or by mail, as they contain important information about your Accounts.
3.10. Business Days and Availability. For all purposes in this Agreement, our Business Days are Monday through Friday, except bank holidays. The Online Banking Service and Mobile Banking Service are available 24 hours a day, seven (7) days a week, except during maintenance periods. For Customer Care hours and other support related issues please go to www.synovus.com/contactus.
All transactions are received and posted on Eastern Time, regardless of the time in your location or provided on your Mobile Device. All requests for transfers or payments received after 9 p.m. Eastern Time will be deemed received on the next Business Day. Credit card transfers for payment performed after 6 p.m. Eastern Time will be processed the next Business Day.
4.0. Specific Service Terms
4.1. CheckFree® Bill Payment Service (“Bill Payment Service”). The CheckFree External Bill Payment Service is available through My Synovus. After you agree to the External Bill Payment Service Terms and Conditions, you may make payments through the External Bill Payments Service to any business or merchant that generates a bill or invoice for products or services provided to you or on your behalf and to individuals such as family or friends. In each case, however, the person to be paid must have a physical mailing address. You may electronically schedule payments using the External Bill Payment Service. See subsection 4.1.2, “Scheduling Payments,” below for timing and other conditions to payment.
4.1.1. Provided by CheckFree Services and Subject to CheckFree Terms. The External Bill Payment Service is provided to you by CheckFree Services Corporation (“CheckFree”) and is governed by and subject to the terms and conditions set forth in the Bill Pay Terms and Conditions (“Bill Pay Terms and Conditions”), which are available under “Legal” in the footer in the Service. You agree (i) to comply with said Bill Pay Terms and Conditions regarding bill payments utilizing the Service; (ii) that CheckFree, and not Synovus, is providing the External Bill Payment Service; and (iii) that all of your rights and remedies regarding errors in connection with the Bill Payment Service or unauthorized payments shall be solely against CheckFree and not against Synovus. The Bill Pay Terms and Conditions may be changed by CheckFree and/or Synovus from time to time. In such event CheckFree or Synovus will provide you notice. Any use of the Bill Payment Service after you have been provided notice of a change will constitute your agreement to such change(s). Further, CheckFree or Synovus may revise or update the Bill Payment Service and/or any related documentation and materials. Consequently, both CheckFree and Synovus shall have the right to terminate the Bill Payment Service at any time upon notice.
4.1.2. Scheduling Payments. We recommend that you schedule the day on which you want us to send your payment (the “Delivery Date”) at least five (5) Business Days before the actual due date of the payment. Because of the possibility for delays in processing or posting of your payment, we do not recommend that you schedule for payments to be received by your designated payee on the due date or at the end of a grace period. Please see your separate terms and conditions applicable to the CheckFree Bill Payment Service for more details regarding Delivery Dates and cut-off times (“Cut-Off Times”).
4.1.3. Transaction Limitations. You may schedule single payments in an amount specified by you but not less than $1.00 and not more than $100,000.00. In our discretion, we may refuse to process any transaction that exceeds any of the above limits. In those cases, you are responsible for making alternative arrangements or rescheduling the payment or transfer within this External Bill Pay Service.
4.2. CheckFree E-Bill Service (“E-Bill Service”). The E-Bills Service allows you to receive bills electronically from participating payees (“Participating Payees”). Participating Payees each establish their own criteria for reviewing, accepting, and declining your request to receive E-Bills. Synovus does not participate in the Participating Payees’ decision making. If Synovus must request the E-Bill directly from the Participating Payees, then you hereby agree to authorize us to contact the Participating Payees on your behalf to obtain such information, by appointing us your agent for such purpose, and you will provide us with any information (e.g., passwords, etc.) necessary for us to retrieve the information. We are not responsible for the security or confidentiality of any information transferred to the Participating Payees on your behalf as part of the process of providing the E-Bills Service. At our discretion, we may refuse to process any transaction that exceeds any of the above-limits. In the case of a refusal, you are responsible for making alternative arrangements or rescheduling the payment or transfer within the Service. With respect to certain Participating Payees, Synovus may offer automatic bill payments on these invoices and other enhanced services. See the E-Bill Services tab on My Synovus.
4.3. Fiserv External Transfers Service (“External Transfer Service”). The External Transfers Service is available through My Synovus. The External Transfer Service allows you to use your Accounts to transfer funds into and out of deposit accounts you hold at other U.S. financial institutions.
4.3.1. Provided by Fiserv and Subject to Fiserv Terms. This External Transfers Service is provided to you by Fiserv Solutions, Inc. (“Fiserv”) and is governed by and subject to the terms and conditions set forth in the External Transfers Terms and Conditions (“External Transfers Terms and Conditions”). You may electronically schedule transfers using the External Transfers Service.
You agree (i) to comply with the External Transfers Terms and Conditions regarding these transfers using the External Transfers Service; and (ii) that your remedies are limited to those available to you under the terms of your Deposit Agreement with us and this Agreement, including without limit the Electronic Fund Transfer Disclosure and Agreement. The External Transfers Terms and Conditions may be changed by Fiserv and/or Synovus from time to time. In such event, Fiserv or Synovus will provide you notice. Any use of the External Transfers Service after you have been provided notice of a change will constitute your agreement to such change(s). Further, Fiserv or Synovus may revise or update the External Transfers Service and/or any related documentation and materials from time to time. Both Fiserv and Synovus have the right to terminate the External Transfers Service at any time upon notice.
4.3.2. Transaction Limitations. Any single payment you schedule will be in an amount specified by you, but cannot be less than $5.00 and cannot be more than $10,000 per day or more than $25,000 per rolling 30-day period. At our discretion, we may refuse to process any transfer that exceeds any of the above-limits. In the case of a refused transfer, you are responsible for making alternative arrangements or rescheduling the payment or transfer within the External Transfer Service.
The External Transfers Service is available through My Synovus. The External Transfer Service allows you to use your Accounts to transfer funds into and out of deposit accounts you hold at other U.S. financial institutions.
4.4. Pay People (Zelle) Person to Person (P2P) Payment Service (“P2P Service”). The P2P Service is available through Online Banking or Mobile Banking, but additional terms apply when using Mobile Banking as described below. The P2P Service is a Service that allows you to send funds to individuals using only their email address or mobile phone number.
4.4.1 This P2P Service is provided to you by Fiserv Solutions, Inc. (“Fiserv”) and is governed by and subject to the terms and conditions set forth in the P2P Terms and Conditions (“P2P Terms and Conditions”) to which you must agree when you begin to use the P2P Service, your Account Agreements and this Agreement. Recipients of funds via the P2P Service can claim their funds through the online banking sites of financial institutions that offer personal payments using the P2P Service. You may electronically schedule payments using the P2P Service. Any single payment will be in an amount specified by you but cannot be less than $5.00. For the Zelle P2P Service, the amounts paid from your Accounts cannot be more than $1,000 per day or more than $10,000 in the last 30 calendar days unless lower limits are set for your Accounts by Synovus in this Agreement or in your Account Agreements. By using the P2P Service, you agree (i) to comply with said P2P Terms and Conditions regarding funds payments using the P2P Service; and (ii) that your remedies are limited to those available to you under the terms of your Account Agreements, the Electronic Fund Transfers Act, and this Agreement. At our discretion, we may refuse to process any payment that exceeds any of the above-limits. In the case of a refused payment, you are responsible for making alternative arrangements or rescheduling the payment or payment within the P2P Service. The P2P Terms and Conditions may be changed by Fiserv and/or Bank from time to time. In such event, Fiserv or Bank will provide you notice. Any use of the P2P Service after you have been provided notice of a change will constitute your agreement to such change(s). Further, Fiserv or Bank may revise or update the P2P Service and/or any related documentation and materials from time to time. Both Fiserv and Bank shall have the right to terminate the P2P Service at any time upon notice.
4.4.2. Scheduling Payments. You may electronically schedule payments using the P2P Service.
4.5. Internal Transfer Services. The Internal Transfer Service is available with Online Banking or Mobile Banking. You may use the Internal Transfer Services to transfer funds between your deposit Accounts (other than CD or IRA accounts) or to or from certain credit Accounts. Transfers may not be made from one Synovus credit account to another. Fund transfers will be made available in accordance with Synovus’s policy (see our Funds Availability Disclosure provided with your Deposit Agreement). If there are insufficient funds or available credit in an Account from which you are requesting a fund transfer, the transfer will not be performed.
4.6 Payment Cut-Off Times for Same Day Posting. All transactions are received and posted on Eastern Time, regardless of the time in your location or provided on your Mobile Device.
4.7. Synovus Credit Card Payments. This Synovus Credit Card Payment Service allows you to make payments on your Accounts, transfers between your Accounts, and, in some cases, transfers between your Accounts and those of other Synovus customers.
4.7.1. Credit Card Payments. You may use the Synovus Bill Payment Service to make payments to designated credit card accounts you have with us from any Account enrolled and accessible through Online Banking or Mobile Banking. You may not use your designated credit card account(s) to make payments to us or other third parties through the Synovus Bill Payment Service.
4.7.2. Credit Card Payment Cut-Off Times and Posting for Online Banking and Mobile Banking. For Online Banking, credit card payment requests made before 6 p.m. ET or 5 p.m. CT on a Business Day are considered paid on the same date the request is submitted. However, the payment amount will not reflect in the available balance of your deposit account or credit card account until the next Business Day. Credit card payment requests made after 6 p.m. ET or 5 p.m. CT on a Business Day are considered paid on the next Business Day after the request is submitted. All transactions are received and posted on Eastern Time, regardless of the time in your location. The payment amount will not reflect in the available balance of your deposit account or credit card account until the second Business Day after the request. Credit card payment requests submitted on a non-Business Day will be processed on the next Business Day under the same terms listed in this subsection. You are still bound by the terms and conditions of your existing credit card agreement and will continue to receive your credit card statement.
4.8. Account Information Services. You may use My Synovus to check the balance of your deposit, loan, and credit card Accounts. You also may view recent transactions, bill payments, or funds transfers using the Account Information Services. Transactions and Account balances will be current as of the date and time you sign on to Online Banking or Mobile Banking. The balance displayed by Online Banking or Mobile Banking may include deposits still subject to verification by us. The transactions and balance shown also may differ from your records because it may not include deposits in progress, check card authorizations, outstanding checks, or other withdrawals, payments, or charges.
4.9. Download/Export Capabilities. If you elect to do so at your own risk, you may download information from your Accounts using Online Banking into each of the following third-party products: (a) Money® (.OFX); (b) Intuit Quicken® (.QFX); (c) Comma Separated (.CSV); (d) QuickBooks™ (.QBO); and (e) Adobe Acrobat (.PDF). The list of these third-party products may vary from time to time. Please see My Synovus for the most up-to-date information.
4.10. Branch and ATM Locator. You may use My Synovus or the App to search for and locate Synovus branches and ATMs near you. Your Mobile Device’s GPS signal must be used to locate ATMs near you using your Mobile Device.
4.11. Account Alert Services. My Synovus provides for a number of Account alerts. Please see the Alerts page on My Synovus. Please note that “Security Alerts” are mandatory and cannot be opted out. “Recommended Alerts” are alerts that we will send you about your Accounts and Account activities unless you opt out of them. “Optional Alerts” are those that you must opt in to receive. You may opt in and opt out of Recommended Alerts and Optional Alerts at any time using My Synovus. Please allow a reasonable period of time for Synovus to implement any changes in your preferences. Available alerts vary by Service and Account.
4.12. Account Management Services. You may use Online Banking to establish budgeting thresholds for certain categorized transactions to allow you to create and manage a budget by organizing transactions into categories, assigning budget amounts, and track spending in a convenient monthly spending chart.
4.13 Account Aggregation ("Account Aggregation Service"). The Account Aggregation Service allows you to see information from checking, savings, CDs, and brokerage accounts you have at non-Synovus financial institutions all together in My Synovus. The terms and conditions of this section govern the Account Aggregation Services offered through My Synovus. By using the Account Aggregation Service you agree to abide by the terms and conditions regarding these Account Aggregation Service, in addition to the terms and conditions disclosed in the My Synovus Agreement, and that your remedies are limited to those available to you under the terms of your Deposit Agreement with us and this Agreement, including any future amendments or changes in the terms. We may change this Account Aggregation Services at any time notice to you. If you use the Account Aggregation Service after the effective date of a change, your use indicates that you agree with the change(s).
4.13.1 The Account Aggregation Service is provided as a convenience and should not be considered a substitute or replacement for account statements or other documentation provided by Synovus or other third-party account providers. Please consult your official account statements for information regarding your account balances, transactions, or investments.
4.13.2 Only balance information and transaction details in view only mode for your non-Synovus account will be available through the Account Aggregation Service. In order to view other information or activity, or conduct any transactions on your non-Synovus account you will need to access your non-Synovus account through the product enrolled in by you for that account as those services are not available under My Synovus. Other Synovus products and services available in My Synovus including without limitation Bill Payment Service, E-Bill Service, External Transfer Service, and Zelle cannot be used with your non-Synovus accounts. We do not endorse or recommend any service of any non-Synovus institution and any such institution is solely responsible to you for its services. Transactions and inquiries you initiate through such non-Synovus products are not made through Synovus and we have no responsibility for such transactions.
4.13.3 Adding Accounts, Assets and Liabilities
- Accurate Information. You represent and agree that all information you provide in connection with the Account Aggregation Service is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third-party sites which you include or access through the account aggregation service, and that you have the authority to:
- designate us and our third-party service providers as your agent,
- use the account aggregation service, and
- give us and our third-party service providers, the passwords, usernames and all other information you provide.
- Agent Relationship. You grant us and our third-party service providers the right to access information at third-party sites on your behalf. You authorize us and our third-party service providers to use such information, including data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Account Aggregation Service to retrieve data on your behalf for purposes of providing the Account Aggregation Service. Third-party sites shall be entitled to rely on the authorization granted by you or through your account. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD-PARTY SITES.
- Third-party Accounts. With respect to any third-party sites we may enable you to access through the Account Aggregation Service or with respect to any non-Synovus accounts you include in the Account Aggregation Service, you agree to the following:
- You are solely responsible for maintaining the confidentiality of any username, password or other access credential necessary to access the Account Aggregation Service. Further, you are responsible for all activities that occur in connection with such access credentials, including use of the account aggregation service, all instructions electronically transmitted, or any data or information obtained using your access credentials. Neither we nor our third-party service providers shall be under any duty to inquire as to the authority or propriety of any instructions given to us or our third-party service providers by you or via your access credentials and shall be entitled to act upon any such instructions, and neither we nor our third-party service providers shall be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your access credentials. As an authorized user of the Account Aggregation Service, you accept full responsibility for the monitoring of your accounts. YOU AGREE TO NOTIFY US IMMEDIATELY IF YOU BECOME AWARE OF ANY UNAUTHORIZED ACTIVITY, DISCLOSURE, LOSS, THEFT OR OTHER UNAUTHORIZED USE OF YOUR ACCESS CREDENTIALS. YOU AGREE TO COOPERATE WITH US IN ANY INVESTIGATION AND AGREE TO TAKE CORRECTIVE MEASURES TO PROTECT YOUR ACCOUNTS FROM FURTHER FRAUDULENT ACTIVITY.
- You are solely responsible for all fees charged by the third-party in connection with any non-Synovus accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this Agreement does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non-Synovus account, you agree to direct these to the account provider.
- Any links to third-party sites that we may provide are for your convenience only, and we nor our third-party service providers sponsor or endorse those sites. Any third-party services, which you may be able to access through the Account Aggregation Service, are services of the listed institutions and they are solely responsible for their services to you. Neither we nor our third-party service providers have responsibility for any transactions and inquiries you initiate at third-party sites and are not liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties.
- Limitations of Account Aggregation Service. When using the Account Aggregation Service, you may incur technical or other difficulties. Neither we nor our third-party service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Account Aggregation Service is for informational purposes only, may not reflect your most recent transactions, will be effective only as of the most recent system update, and should not be relied on for transactional purposes.
- Termination. YOU MAY TERMINATE YOUR USE OF THE ACCOUNT AGGREGATION SERVICE BY DELETING ALL EXTERNAL ACCOUNTS YOU HAD PREVIOUSLY ADDED, AS WELL AS ASSETS OR LIABILITIES ENTERED BY YOU INTO THE ACCOUNT AGGREGATION SERVICE. YOU MAY NOT DELETE YOUR SYNOVUS BANK ACCOUNTS. WE AND OUR THIRD-PARTY SERVICE PROVIDERS RESERVE THE RIGHT TO CHANGE, SUSPEND, OR DISCONTINUE ANY OR ALL THE ACCOUNT AGGREGATION SERVICE AT ANY TIME WITHOUT PRIOR NOTICE. TERMINATION WILL NOT AFFECT YOUR LIABILITY OR OBLIGATIONS UNDER THIS AGREEMENT FOR ACTIONS TAKEN ON YOUR BEHALF.
- Disclaimer. The Account Aggregation Service is not intended to provide legal, tax or financial advice. The Account Aggregation Service, or certain portions and/or functionalities thereof, are provided as strictly informational in nature and with the understanding that neither we or our third-party service providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. We and our third-party service providers specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use of the Account Aggregation Service. We and our third-party service providers do not warrant that the Account Aggregation Service complies with the requirements of the FINRA or those of any other organization, or that any non-Synovus accounts are Member FDIC.
- Exclusion of Warranties. YOU AGREE THAT SYNOVUS SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) ITS ACCESS TO THE ACCOUNT(S); (2) ITS RETRIEVAL OF OR INABILITY TO RETRIEVE INFORMATION FROM THE THIRD-PARTY ACCOUNT PROVIDER OR ITS WEBSITES; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION PROVIDED BY THE THIRD-PARTY ACCOUNT PROVIDERS; (4) ANY CHARGES IMPOSED BY THE THIRD-PARTY ACCOUNT PROVIDERS; AND (5) YOUR USE OF THE ACCOUNT AGGREGATION SERVICE.
5.0. Additional Mobile Banking Terms
5.1. Services Available Through Mobile Banking. The Services available through Mobile Banking, except the Mobile Deposits Service, are described in Section 4 of this Agreement, “Specific Service Terms.” See subsection 5.8 below for Mobile Deposits Service. Not all features available through the App are available through Online Banking. For example mobile deposit, the GPS-based branch locator service, and Touch ID and facial recognition enhanced sign-on are only available using the Mobile App.
5.2. Your Mobile Device Responsibilities. You are responsible for providing your own mobile device (a “Mobile Device”) to access and use Mobile Banking or to use Online Banking using your Mobile Device, and you are responsible for obtaining your own mobile communications service provider. You are responsible for all fees and charges that you might incur to any mobile communications service provider or any other third parties while using Mobile Banking. Our participating mobile communications carriers include: AT&T, Verizon Wireless, MetroPCS, SprintPCS, T-Mobile®, and U.S. Cellular®. Please note that the Services are maintained to work with the most recent versions of Apple’s and Android’s operating systems and with the most recent versions of nationally popular mobile devices and web browsers. While you may access limited My Synovus functionality using an Apple® Watch or other “smart” watch to check your balances and monitor certain recent Account activity, you will not be able to access all of the features and functionality of My Synovus using a smart watch.
5.3. Using Your Credentials. The Credentials you use for Online Banking (your Password and Username) generally must be used to access Mobile Banking. If you enroll more than one Mobile Device in the same Mobile Banking relationship, using a unique initialization code for the Mobile Device, you agree that each such Mobile Device will have full access to your Accounts via Mobile Banking, even if the user of the Mobile Device would not otherwise have access to your Accounts, whether through Online Banking or otherwise. You should not respond to text (SMS) messages if they do not appear to have been sent from Mobile Banking. When you give someone your Credentials or Mobile Device, you are authorizing that person to use the Mobile Banking Service, and you are responsible for all transactions that person performs while using Mobile Banking. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions. For your protection, log out after every use of Mobile Banking and close your browser to ensure confidentiality.
5.4. Mobile Device Software.
License. You are hereby granted a personal, limited, nontransferable, nonexclusive, nonsublicensable and nonassignable license (“License”) to download, install, and use software for the Mobile Device provided through Mobile Banking (the “Software”) on your Mobile Device within the United States and its territories. In the event that you obtain a new or different Mobile Device, you will be required to delete the Software from the existing Mobile Device and download and install the Software to that new or different Mobile Device. You agree to promptly notify Synovus Digital Banking Customer Care if you change Mobile Devices or get a new telephone number for your Mobile Device. You can manage your mobile device settings in the My Synovus Settings section accessible from the home page. This License shall be deemed revoked immediately upon (i) any termination of Mobile Banking in accordance with this Agreement; (ii) your deletion of the Software from your Mobile Device; or (iii) written notice to you at any time, with or without cause. In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Software from your Mobile Device.
Proprietary Rights. You are permitted to use content delivered to you through Mobile Banking only on Mobile Banking. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Mobile Banking technology, including, but not limited to, any Software or other mobile phone applications associated with Mobile Banking.
User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (i) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the Software; (ii) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (iii) violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (iv) be false, misleading, or inaccurate; (v) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (vi) be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (vii) potentially be perceived as illegal, offensive, or objectionable; (viii) interfere with or disrupt computer networks connected to Mobile Banking; (ix) interfere with or disrupt the use of Mobile Banking by any other user; or (x) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
No Commercial Use or Resale. You agree that the Mobile Banking Service is for personal use only. You agree not to resell or make commercial use of Mobile Banking.
5.5. Mobile Banking Questions. If you have any questions about the Mobile Banking Service, you can contact us at 1-888-SYNOVUS (1-888-796-6887). We can answer any questions you have about the Service.
5.6. Responsibilities for Your Mobile Device and Mobile Communications Services. Except as provided herein, we are not responsible for any loss, damage, or injury whatsoever resulting from:
- An interruption in your mobile communications or telephone service;
- The disconnecting of your mobile communications or telephone service by your mobile communications or telephone service provider or from deficiencies in your connection quality; or
- Any defect or malfunction or misuse of your Mobile Device or the Software.
We are not responsible for any services relating to your Mobile Device or the Software other than those specified in this Agreement. Your mobile service carrier or provider is not the provider of any financial services available through Mobile Banking, and is not responsible for any of the materials, information, products, or services made available to you by us.
5.7. Mobile Banking Service Limitations. Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to Mobile Banking. These difficulties may result in loss of data, personalization settings, or other Mobile Banking interruptions. Except as provided in Section 7.0, “Electronic Fund Transfer Disclosure and Agreement,” (a) neither we nor any of our service providers assumes responsibility for the timeliness, deletion, misdelivery, or failure to store any user data, communications, or personalization settings in connection with your use of Mobile Banking, (b) neither we nor any of our service providers assumes responsibility for the operation, security, functionality, or availability of any Mobile Device or mobile network which you utilize to access Mobile Banking, and (c) neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You agree to exercise caution when utilizing the Mobile Banking application on your Mobile Device and to use good judgment and discretion when obtaining or transmitting information. Financial information shown on Mobile Banking reflects the most recent account information available through Mobile Banking and may not be accurate or current. You acknowledge that your Mobile Device might become subject to tracking, “hacking,” or unauthorized viruses or malicious code, and that we are not responsible for monitoring or notifying you of the potential effect of any such malware. Your use of the Mobile Device for Mobile Banking is at your own risk.
5.8. Mobile Deposits
5.8.1. General Description of Mobile Deposits. The mobile deposits service allows you to use your Mobile Device and our App to make images of checks payable to you (the “Checks”) and digitally transmit such images to us for deposit to your Account(s) with us (“Mobile Deposits Service”). Your eligible Accounts (some or all of your Accounts might not be eligible for the Mobile Deposits Service) into which deposits may be made are designated by you through the Mobile Deposits Service. See “Eligible Checks”, subsection 5.8.4 below, for information regarding limits on the types of Checks that can be deposited using the Mobile Deposits Service. Please note that your Mobile Device carrier may charge you for your use of your Mobile Device in connection with the Mobile Deposits Service.
5.8.2. Additional Limitations of Service. We provide the Mobile Deposits Service to you as a convenience, on an AS IS, AS AVAILABLE basis. You agree that we will have no liability or responsibility for any failure to detect duplicate Checks, fraudulent Checks, or any errors in Checks or for verifying any dates or data, and, except as otherwise expressly set forth herein, that we may disregard any restrictive notation of any kind. You might periodically experience technical or other difficulties when using the Mobile Deposits Service. We are not responsible for any difficulties or interruption to the Mobile Deposits Service you might experience or any damages you might suffer as a result thereof. We may change the qualifications for using the Mobile Deposits Service, or one or more of its features, in our sole discretion at any time without prior notice. We also reserve the right to change, suspend, or terminate the Mobile Deposits Service, in whole or in part, in our sole discretion at any time without prior notice to you.
5.8.3. Transmission and Acceptance of Images; Image Quality. In order to deposit a Check using the Mobile Deposits Service, you must use the App to send us an image of both the front and back of each Check (collectively “Check Image”). A camera of at least two megapixels in resolution is required. The front image must clearly display the entire MICR line. After capturing the images, you must visually examine them to make sure they are totally readable and verify and validate the total of the deposit. If the Check is torn or crumpled, or the photograph is not within the on-screen corners, not well-lit, does not contrast with the background, is blurry, or is not in focus we might not be able to process your deposit. You agree that the image quality of each Check must meet the requirements established from time to time by the (“ANSI”), the Board of Governors of the Federal Reserve Board, and any other regulatory agency, clearing house or association”. You acknowledge that you are solely responsible for the quality, completeness, accuracy, validity, and integrity of each Check sent by you for deposit to your Account. If your Check Image does not meet the Standards or we otherwise determine that we cannot process a Check you send us (“Rejected Check”), then you may either re-image the Check and resubmit same for deposit to your Account or you may deposit the original of any such Rejected Check by another means. In no event shall we be obligated to process any imaged Check unless it meets the Standards and the image quality is acceptable to us, in our sole discretion, regardless of the number of times you may re-image and resubmit such re-imaged Check for deposit. We may, at our option and solely for our benefit, also perform a risk management analysis of Checks to detect potentially fraudulent Checks and/or check for viruses and malware, and, in our sole discretion, reject any Check or file. Upon receipt of the Checks, we may examine the Checks to ensure they are not Ineligible Checks and we may, in our sole discretion, reject and not accept the Check or elect to accept and process the Check.
5.8.4. Eligible Checks. You agree the Checks you image and deposit shall only be checks made out to you and drawn on a U.S. financial institution. You also agree that when the image of the Check transmitted to Synovus is converted to an image replacement document for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
You agree that you will not image and deposit any of the following types of checks or items using the Mobile Deposits Service (“Ineligible Checks”) and if you do so we may refuse or reverse the transaction:
- Foreign checks (meaning checks drawn on financial institutions that reside outside the United States or its territories or that otherwise do not clear through the Federal Reserve System).
- Any checks or items made payable to any person, company, or party other than you.
- Checks or items for business purposes (only checks for personal, household, or family purposes may be deposited).
- Checks or items payable jointly unless deposited to an account in the name of all joint payees.
- Checks or items containing an alteration on the front of the item, or which you know or suspect, or should have known or suspected, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
- Checks or items written on an account owned by you or on which you are a signor.
- Checks that are remotely created as defined by Reg. CC or which are not in original form or are substitute checks.
- Checks or items that are drawn or otherwise issued by the U.S. Treasury.
- Cashier’s checks, teller’s checks, money orders, or traveler’s checks.
- Checks or items that are stale-dated or more than six (6) months old.
- Checks or items that are post-dated or future-dated.
- Checks or items not payable is U.S. currency.
- Checks or items which have been previously deposited in any manner (including use of the Mobile Deposits Service or other means).
- Checks or items not endorsed as required by Synovus.
5.8.5. Endorsements. You agree to restrictively endorse any item transmitted through the Mobile Deposits Service by clearly printing “For Synovus Bank Mobile Deposit Only,” with your signature, on the back of the Check. You also agree to follow any other and all instructions for use of the Mobile Deposits Service as Synovus may establish from time to time. If you fail to write “For Synovus Bank Mobile Deposit Only” on the back of the Check and your Check is paid or presented more than one time, you may be liable to the Bank for the amount of the Check and all costs that we incur for the multiple payment or presentment. In addition, if you fail to properly endorse the Check and/or follow our instructions and procedures for the Mobile Deposits Service, we might not accept the Check for deposit or the processing of the Check could be delayed. If there is no endorsement and signature on the back of the Check it will not be accepted for deposit and/or will be returned.
5.8.6. Location and Time of Deposit; Cut-Off Time and Deposit Limit. Checks shall be deemed received by us for deposit when actually received and accepted by us. In general, if an image of a Check, excluding an Ineligible Check, you transmit through the Service is received and accepted before 7 p.m. Eastern Time on a Business Day (the “Mobile Cut-off Time”), we consider that day to be the day of your deposit; otherwise, we will consider that the deposit was made on the next Business Day. We may, at our option, set monthly dollar amount deposit thresholds (“Deposit Limits”), and may refuse to accept Checks that exceed the Deposit Limits, or we may accept and process the Checks, in our sole discretion. If we establish a Deposit Limit, you agree not to exceed the Deposit Limit. If we accept a deposit in excess of the Deposit Limit such deposit will still be subject to the terms of this Agreement. Our acceptance of Checks in excess of any Deposit Limits does not require us to accept Checks in excess of the Deposits Limits at a future time. We reserve the right to change the Deposit Limits and Mobile Cut-off Time, in our sole discretion. Such modifications will be effective immediately and may be implemented prior to your receipt of notice of the newly established Deposit Limits or Mobile Cut-off Time.
5.8.7. Funds Availability. You agree that Checks transmitted using the Mobile Deposits Service are not subject to the funds availability requirements of Reg. CC. Funds deposited using the Mobile Deposits Service will generally be made available within three (3) Business Days from the day of deposit. If the oldest Account you have open with us has been open less than thirty (30) days, funds deposited through the Mobile Deposits service may not be available until up to eleven (11) Business Days from the day of the deposit. We may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Synovus, in its sole discretion, deems relevant. In some cases, we may not make funds deposited using the Mobile Deposits Service available in accordance with this general policy. Should funds not be available within three (3) Business Days or eleven (11) Business Days respectively, as set forth above, a communication will be sent to you informing you as to when your funds will be available. In the event we receive an item you transmit through the Mobile Deposits Service where we have reason to doubt the collectability of that item, we may delay the availability of funds for a reasonable period of time until the item is either paid or returned. In such cases, we will notify you of this action.
5.8.8. Deposit Amount Limits. The limit on the amount of deposits you may make using the Mobile Deposits Service is determined as set forth below:
- If the oldest Account you have with us has been open less than ninety (90) days, there is no average daily balance requirement and the total monthly deposit limit is no more than $3,000.
- If the oldest Account you have with us has been open at least ninety (90) days and your average daily balance is less than $5,000 in the aggregate in your consumer checking accounts, or your average daily balance is less than $15,000 in the aggregate in your consumer checking, money market and savings accounts, your monthly deposit limit is no more than $10,000.
- If the oldest Account you have with us has been open at least ninety (90) days and your average daily balance is greater than $5,000 in the aggregate in your consumer checking accounts, or your average daily balance is greater than $15,000 in the aggregate in your consumer checking, savings, or money market accounts, the monthly deposit limit is no more than $40,000.
- If the oldest Account you have with us has been open at least ninety (90) days and you have an Inspire checking account, the monthly deposit limit is no more than $50,000.
- If the oldest Account you have with us has been open at least ninety (90) days and you have a Private Wealth checking account, the monthly deposit limit is no more than $100,000.
For the purposes of this Section 5.8.8, “monthly” means the time period reported in your Account statement each month and “daily” means a calendar day.
5.8.9. Your Representations and Warranties. By presenting a Check image to us for deposit, you represent and warrant to us that as of that date: (a) each Check is an “item” (as defined in Article 4 of the UCC) and is acceptable for deposit under the Deposit Agreement; (b) the Check contains a preprinted serial number; (c) the Check is accurate, complete, and authentic; (d) the Check was completed and duly signed by the drawer, who is the drawer named on the Check; (e) the Check is a valid payment obligation to you; (f) that you have not endorsed the Check to any third party; (g) the Check is drawn on a bank or financial institution located in the United States and the drawer is a U.S. resident; (h) the Check amount is in the exact amount of the goods or services purchased; (i) the goods or services have been delivered to the drawer and have not been returned or disputed; (j) the Check has not been previously, imaged, scanned, or otherwise submitted for deposit; (k) the Check does not contain computer viruses or other harmful, intrusive, or invasive codes; (l) the Check has been duly endorsed by you; and (m) that the Check is not an Ineligible Check. In addition, you make the same representations and warranties to us with regard to each Check transmitted by you through the Mobile Deposits Service pursuant to this Agreement as you would make under the UCC if you presented the original check or other item to us, rather than the Checks.
5.8.10. Deposit Services. We will process for deposit the Checks you submit to us, subject to our rights with respect to Rejected Checks and Ineligible Checks and your compliance with the terms of this Agreement. No deposit is complete until we have notified you of our acceptance of your Check. Receipt of this confirmation does not mean that the transmission was error free, complete, or will be considered a deposit and credited to your Account. Upon your receipt of confirmation from Synovus through the Mobile Deposits Service that we have received an image of the Check you transmitted, you agree to safeguard the originals of such imaged Checks for at least thirty (30) days and thereafter to destroy the original of the deposited Check. During the time the original Check is held by you it shall be subject to review by us at any time. After destruction of the original Check, the image will be the only evidence of the Check. You agree to cooperate with Synovus in the investigation of any unusual transactions, poor quality images, resolution of claims, including you providing, upon our request and at no cost to us, the original Check and copies of any documentation relating to your Checks and deposit transactions.
5.8.11. Responsibility for Multiple Deposits of the Same Check. You acknowledge and agree that you will bear sole responsibility and liability in the event of multiple deposits of the same Checks, whether such multiple deposits are intentional or unintentional and whether resulting from fraud or for any other reason whatsoever, and whether such multiple deposits are made electronically or as paper checks with us or any other financial institution or any combination thereof. You agree that the aggregate amount of all such Checks that are deposited more than once shall be debited against your Account, and to the extent funds in your Account are insufficient to cover such amount, then any balance shall be debited by us against any of your other Accounts as determined by us, in our sole discretion. You further acknowledge that you are fully responsible for the original Checks that are imaged and deposited using the Mobile Deposits Service and that the liability to the maker of any Check so imaged that may result from your use of the Mobile Deposits Service or from the necessity of our printing substitute checks from the images thereof transmitted by you to us shall be solely your liability and that we shall have no liability whatsoever therefore. You agree that we have no liability or responsibility for any failure to detect a duplicate Check.
5.8.12. Presentment of Checks. Unless otherwise agreed to in writing by us, we will, in our sole discretion, determine the manner in which Checks shall be presented for payment to the drawee bank. Likewise, we will, in our sole discretion, select the clearing agents used to collect and present the Checks and our selection of the clearing agents shall be considered to have been designated by you. We shall not be liable for the negligence of any clearing agent. You agree to be bound by any agreements entered into by and between us and any clearing agents and you agree to be bound by all clearinghouse rules and regulations, including, without limitation, Regulations of the Board of Governors of the Federal Reserve, Federal Reserve Customer Operating Circulars, and Rules of the National Item Exchange ANSI, or other clearinghouse association of which we might be a member or to which Rules we agree to, or are bound by.
5.8.13. Physical Delivery. You agree that if for any reason you are not able to image and transmit Checks to us, including, without limitation, communications, equipment or software outages, interruptions or failures, you will be responsible for using other methods to deposit the original Checks. The deposit of original Checks at a Synovus location or ATM shall be governed by the terms and conditions contained in the Deposit Agreement and not by the terms of this Agreement.
5.8.14. Returned Checks. We will process and return unpaid Checks in accordance with applicable laws and regulations and the Deposit Agreement. If Checks previously deposited are dishonored and returned unpaid by the drawee bank, you understand and agree that, since you either maintain the original Check or have destroyed the original Check in accordance with this Mobile Deposits Agreement, the original Check will not be returned and we may reverse the deposit of the Check to the designated Account to which the Check was deposited. We reserve the right to charge back to your Account at any time, any Check that was subsequently returned to us or that we subsequently determine was an Ineligible Check. You understand and agree that the image may be in the form of an electronic or paper reproduction of the original Check or a substitute check.
5.8.15. Limitation of Liability. In addition to, and not in lieu of, the limitations of liability set forth elsewhere in My Synovus Agreement, you agree that you shall remain liable for and that we shall not be accountable to you for any Check that is not received and accepted by us or is intercepted or altered by an unauthorized third party. You agree that we shall have no obligation to accept a Check and therefore may reject any Check you submit. We have no obligation to notify you of the rejection of any Check but will make reasonable efforts to do so. We shall have no liability to you for any Ineligible Checks, charging back to your Account for an Ineligible Check, the rejection of any Check, or for failure to notify you of a rejection. We are not responsible for detecting any errors contained in any Checks created by you and transmitted to us. We are not responsible for examining the Checks to verify any data or dates and will disregard any restrictive notation of any kind.
5.8.16. Indemnity. In addition to, and not in lieu of, the indemnification provisions of subsection 6.4 of this Agreement, you agree to indemnify and hold Synovus and its directors, officers, employees, and agents harmless from all losses, liability, claims, demands, judgments, and expenses (including attorney’s fees and expenses) arising out of or in any way connected with any of the following: your use of the Mobile Deposits Service, your negligence or willful misconduct, your breach or violation of any term or provision of this Agreement, your breach or violation of any of your representations or warranties in this Agreement, the multiple submission for deposit of imaged Checks using the Mobile Deposits Service, the submission of fraudulent items using the Mobile Deposits Service, any failure of your Mobile Device or the software or any disruption in the transmitting of any images or data by you to us, your failure to endorse any Checks electronically transmitted by you to us, your failure to destroy the originals of imaged Checks submitted by you using the Mobile Deposits Service within the time frame provided for, any misuse of the Mobile Device or the herein designated hardware or software by you or by any individual or entity acting on your behalf or within your control, or your failure to comply with any applicable federal and state statutes, rules, and regulations in force pertaining to or regarding Mobile Deposits Service procedures for the Mobile Deposits Service or to the deposit of Checks in your Account.
6.0. Other General Terms
6.1. Authorization to Obtain Credit and Other Information. You authorize us to make credit, employment, or other investigative inquiries we deem appropriate (including, without limitation, obtaining a credit report, or other consumer report) in connection with our determination to approve you for any Service or to renew or update your approval. Upon your request, we will tell you whether we obtained a consumer report and the names and addresses of any consumer-reporting agencies that provided such reports. You also agree that we may obtain information from persons you pay using any Service regarding your payments and the accounts of such payees credited with your payments in order to facilitate proper handling and crediting of your payments.
6.2. Our Liability and Limitations of Liability. Our liability to you is explained in this Agreement, in the Electronic Fund Transfer Disclosure and Agreement included in this Agreement, and any other agreements, notices, and disclosures that we separately provide to you from time to time regarding your Accounts and the Services.
In addition, but except as limited or required by law, under no circumstances will we have any liability to you for failing to provide you access to your Accounts or other features of the Services. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the Services as expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Services. We will have no liability or responsibility whatsoever for Brokerage Accounts or Brokerage Account information accessible through the Services, which are provided by third parties and subject to your separate agreement with Synovus Securities.
We are not providing, and you will not rely on us to provide, any legal, tax, accounting, or other advice or counsel in connection with your Account(s) or use of the Services, and we do not represent or warrant that your use of any of the Services, including without limitation any alerts, transfers to Accounts or individuals, budgeting, bill payment, Account history, or Account statements will qualify for or receive any favorable or desirable tax treatment, or eliminate or replace the need for you to monitor the use of your Account and history of transactions in your Account for appropriate recordkeeping of deposits and withdrawals and to monitor for errors or fraud. You also agree and acknowledge that no statement, data, message, alert, or other matter connected with your use of the Services overrides or supersedes the preceding sentence. In these regards, you should seek the advice of competent legal, tax, accounting, and other counsel regarding your use of the Services and related matters. IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL, OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.
We will not be obligated to honor, in whole or in part, any transaction or instruction that:
- Is not in accordance with any term or condition applicable to the relevant Services or Accounts;
- We have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction, or legal process we believe prevents their withdrawal;
- Would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines; would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority;
- Is not in accordance with any other requirement of our applicable policies, procedures, or practices; or
- We have reasonable cause not to honor for our or your protection.
6.3. Liability of or Relating to Third Parties. 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 (such as your PC or Mobile Device) or software (including, without limitation, the Software for Mobile Banking), or that of an Internet browser provider such as Apple (Safari browser) or Google (Chrome browser), by an ISP, 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 the Accounts or the Service.
6.4. Indemnification. Except to the extent arising out of our breach of this Agreement or our gross negligence or willful misconduct, and except for our limited liability for failure to complete transactions as described in the Electronic Fund Transfer Disclosure and Agreement included in this Agreement, you agree to indemnify and hold us, our directors, officers, employees, and agents harmless from all losses, liability, claims, demands, judgments, and expenses arising out of or related to your Account(s) or your use of the Services or any portion thereof. You further agree to protect and fully compensate us and our affiliates and service providers from any and all third-party claims, liability, damages, expenses, and costs (including reasonable attorneys’ fees) caused by or arising from your breach of this Agreement or your infringement, or the infringement by any other user of your Account, of any intellectual property right of any service provider, supplier, or other third party. This indemnification is provided without regard to whether our claim for indemnification is due to the use of the Services by you or your authorized representative.
6.5. Acceptable Use of the Service. You agree to ensure that the Service and any software you may obtain from the Service will not be used 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. Without limiting the foregoing, you agree that you will not use the Service or Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any mobile communications service provider or any of its customers or subscribers; (iii) material or data, that is illegal, harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of any service provider involved in the provision of the Services; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns, knives, or weapons-related (e.g., firearms, bullets, or other regulated weapons), drugs-related (e.g., illegal drugs such as marijuana, cocaine or legal (controlled or prescription) drug devices and substances such as narcotics, steroids, or products that present a risk to consumer safety), drug paraphernalia, pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), that encourage, promote, facilitate, or instruct others to engage in illegal activity, violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g., racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any mobile communications service provider or copies or parodies the products or services of any mobile communications service provider; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose any service provider involved in providing the Services, or any other third party to liability; (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of any party; (ix) transactions that: (a) show the personal information of third parties in violation of applicable law; (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs; (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card; (d) are for the sale of certain items before the seller has control or possession of the item; (e) are by payment processors to collect payments on behalf of merchants; (f), are associated with the following money services business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing; or (g) provide certain credit repair or debt settlement services; (h) involve gambling, gaming, and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from us and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law; (x) collection agencies; or (xi) payees located outside the United States.
You agree that you shall not attempt to (a) access any Software or Service to which you have not been authorized; (b) use or attempt to use a third party’s account; (c) interfere in any manner with the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software; or (d) otherwise abuse the Services or Software.
6.6. Security. You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, “Systems”) necessary for you to access and use My Synovus. This responsibility includes, without limitation, your utilizing up-to-date web-browsers and access devices and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining Internet and mobile communications services, as applicable, via the service provider of your choice, for any and all fees imposed by such service providers and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and mobile communications services and you hereby expressly assume such risks, including, but not limited to those we may disclose in our Services materials. You acknowledge that you are responsible for the data security of the Systems you use to access My Synovus, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested My Synovus for your convenience, have made your own independent assessment of the adequacy of the Internet, mobile communications services, and Systems and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet, any mobile communications services, or your Systems, nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for your Systems. Although we may provide a link to a third-party site where you may download software, we make no endorsement of any specific software, hardware or Internet or mobile communications service provider and your use of any such software, hardware, or service may also be subject to the license or other agreements of that provider, in addition to the terms and conditions of this Agreement. We make fingerprint or touch identification and facial recognition available for your use as credentials in accessing My Synovus through the App in lieu of your user name and password. (each a “Biometric Access Credential”). If you elect to use a Biometric Access Credential, you do so at your own risk. If you enable a Biometric Access Credential, you acknowledge and agree that anyone whose fingerprint or face is stored on your Mobile Device may use the device to access your Accounts through My Synovus. If you have another person’s fingerprint or face stored on your Mobile Device, you should not enable any of the Biometric Access Credentials in the App for use in accessing My Synovus through your Mobile Device. You may disable access to My Synovus using a Biometric Access Credential by updating your service preferences in My Synovus. Synovus does not access, store, control, or verify your Biometric Access Credential. This is a feature of certain Mobile Devices and not a feature of My Synovus. Fingerprints and face data are stored and used solely on your Mobile Device. We are not responsible for any of your losses or damages arising out of unauthorized access to My Synovus or any of your Accounts through the use of a Biometric Access Credential. If at any time My Synovus access through a Biometric Access Credential is not working or is otherwise unavailable, you agree that you will be required to access My Synovus by other means. If you have the App on your Mobile Device, whether or not you use a Biometric Access Credential, you must notify us immediately if your Mobile Device is lost or stolen, if an unauthorized person may have access to your user name and password, or if you have changed your Mobile Device number. We reserve the right to remotely disable or remove the App from your Mobile Device in order to protect against theft, fraud, and other losses.
6.7. Your Cancellation of Your Selected Services. You can show or hide each of your Accounts, at your option, so you control the Accounts that you can access directly through My Synovus. For Mobile Banking, you may remove a device from the Mobile Banking Service by selecting Settings from the My Synovus main page, then selecting My Mobile and then selecting Remove Device. This action will de-register your Mobile Device from My Synovus.
6.8. Your Termination of This Agreement and All Services. You may terminate My Synovus at any time or you can remove any Account from My Synovus at any time. You may terminate this Agreement and any or all of your Services and Accounts at any time by calling us at 1-888-SYNOVUS (1-888-796-6887) or writing to Synovus Bank, Attn: Customer Care, P.O. Box 120, Columbus, Georgia 31902. You must notify us at least ten (10) Business Days prior to the date on which you wish to have your Services terminated. We may require that you put your request in writing. If you have scheduled payments with a transaction date within this ten (10)-Business Day period, you also must separately cancel those payments. All automatic and regularly scheduled payments will cease at the time the applicable Account is closed. You are solely responsible for ensuring each of your payments are made in a timely manner. If we have not completed processing of your termination request and you have not otherwise canceled a payment, you will be responsible for payments with transaction dates during the ten (10) Business Days following our receipt of your written notice of termination. We will charge you a fee for the month in which your termination is effective unless (i) you terminate the Services between the first and the fourteenth day of the month and (ii) during such time, no transactions to any of the Accounts have occurred. We may terminate your use of the Services, in whole or in part, at any time and for any reason without prior notice. Your access to the Services will be terminated automatically if your Account is closed, or access to your Account is restricted, for any reason. If you would like to transfer the Services to a different Account with us, you must provide seven (7) Business Days advance written notice. Termination will not affect your liability or obligations under this Agreement for transactions we have processed on your behalf. As long as you do not terminate Online Banking, you may terminate any of the Supplemental Services without terminating this entire Agreement.
6.9. Our Cancellation of Services or Termination of This Agreement. We reserve the right to terminate My Synovus or close any of your Accounts by sending notice to you at the address last furnished to us, and at our option may close any or all such Accounts and send you a check for the balance in said Accounts; and we shall not be liable for dishonoring any item drawn on the Accounts or presented for payment thereafter. After Accounts are closed, we may, at our sole option refuse to accept any funds tendered for transfer or deposit therein, whether in the form of monies, items, ACH, wire transfers or otherwise, and such refusal may be invoked notwithstanding any inadvertent acceptance initially made on such tender.
We reserve the right to unilaterally suspend or terminate your access to the Services in the event there is any incident involving fraud, suspected fraud, or similar conduct in connection with the Services.
6.10. Entire Agreement. This Agreement, together with any Supplemental Addendum (as defined in the Deposit Agreement Terms and Conditions), as each may be amended from time to time, is the complete and exclusive agreement between you and Synovus related to My Synovus. If a discrepancy or inconsistency is determined to exist between the terms of this My Synovus Agreement and your Account Agreements or any other agreement between you and one of our affiliates or third-party service providers, then this My Synovus Agreement shall control with respect to My Synovus, but only to the extent necessary to address the discrepancy or inconsistency.
6.11. Waivers. No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise therefore or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us.
6.12. Assignment. You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties. You hereby agree that we may transfer any authorizations, consents, rights in your nonpublic personal information, and any other rights we receive from you under this Agreement to any of our affiliates or to a third party that acquires substantially all of our assets related to the Services or related authorizations consents and rights with respect to any portion thereof.
6.13. Governing Law. This Agreement and its enforcement shall be governed by the laws of the State of Georgia, without regard to any choice of law provision, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise. The account(s), products, and services accessed via My Synovus shall be governed by laws of the applicable Account Agreements.
6.14. Notices to You. You agree that we may provide any notice to you called for in this Agreement in electronic form as a Communication described in subsection 1.5, “Electronic Communications Disclosure and Consent.” We also may provide any such notice to you by posting it to our web site, by email to the email address you provided us, or by regular mail to the street address you provided us, as Synovus may select. Except as otherwise stated in the notice, such notice will be effective when provided to you as provided in subsection 1.5 or posted online, sent by email, or mailed.
6.15. Amendments. Subject to the limitations of applicable law, this Agreement, including but not limited to the applicable fees and/or service charges, may be amended by us from time to time. In such event, we will notify you to the extent required by applicable law. As of the effective date provided in the notice, the changed or new terms or conditions, or withdrawal of any terms or conditions, will apply to the Services and your Accounts, subject to any limitations of applicable law. Your continued use of the Services after the effective date of such notice shall be understood as your agreement to be bound by all such changes.
6.16. Third-Party Beneficiary. You agree that our service providers (including any provider of Software) may rely upon your agreements and representations, above, and such service providers are, for the purposes of those subsections, third-party beneficiaries to this Agreement, with the power to enforce those provisions against you, as applicable.
7.0. Electronic Fund Transfer Disclosure and Agreement
7.1. General. This Electronic Fund Transfer Disclosure and Agreement (“EFT Disclosure”) is part of and incorporated into your My Synovus Agreement. This EFT Disclosure applies only to our Online Banking, Mobile Banking, and Supplemental Services and it only applies with respect to transactions involving your deposit Accounts designated by you now or in the future to be accessed using any Service (the “Service Accounts”). You may receive a different disclosure of this type in connection with your deposit Accounts, which then would apply to the Account except with respect to Online Banking, Mobile Banking, or Supplemental Services. By signing up for Online Banking, Mobile Banking, or any Supplemental Service, or by using any of those Services, you request and authorize us to deposit, withdraw, and transfer funds to or from your Service Accounts pursuant to your instructions through the Services.
7.2. Your Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your card and/or Credentials (Username or Password) have been lost or stolen, if you believe that an electronic funds transfer has been made without your permission using information from your check, or if your Mobile Device containing the App has been stolen. Telephoning us is the best way of keeping your losses down. You could lose all the money in your Accounts (plus your maximum overdraft line of credit). If you tell us within two (2) Business Days after you learn of the loss or theft or your card or Credentials, you can lose no more than $50 if someone used your card or Credentials without your permission.
If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your card or Credentials, and we can prove we could have stopped someone from using your card or Credentials without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers you did not make, including those made by card, Credentials or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was made available 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 will extend the time periods.
7.2.1. Additional Limit of Liability for Visa®-branded Debit Card. Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Visa®-branded Debit Card. This additional limit on liability does not apply to ATM transactions or to transactions using your Personal Identification Number which are not processed by VISA®.
7.3. Contact in the Event of Unauthorized Transfer. If you believe your card and/or Credentials have been lost or stolen, call 1-888-SYNOVUS (1-888-796-6887), or write to Synovus Bank, Attn: Customer Care, Post Office Box 120, Columbus, Georgia 31902.
You should also call the number or write to the address listed above if you believe a transfer has been made using the information from a check without your permission.
7.4. Business Days. Our Business Days are Monday through Friday, except bank holidays. The Online Banking Service and Mobile Banking Service is available twenty-four (24) hours a day, seven days a week, except during maintenance periods and during certain bank holidays.
7.5. Type of Transfers. See Section 4.0 of this Agreement, “Specific Service Terms,” for a description of permitted transfers involving your deposit Accounts.
7.6. Limits on Transfers. Certain Services are subject to limits on the frequency or dollar amount of transactions that can be conducted with that Service. See Section 4.0, “Specific Service Terms,” for any such special limitations. In addition, under your Deposit Agreement and as required by law, you are limited to six (6) transfers per calendar month or statement cycle from your savings account or money market account and you may be charged a fee for each transaction in excess of these limits. See subsection 3.11, “Deposit Account Transaction Limits,” for further information on these six (6)-transfer limitations.
7.7. Fees. In addition to fees and charges set forth in our Schedule of Fees and Charges, we will also charge fees for the Services and any other fees related thereto in accordance with our Electronic Banking Services Schedule of Fees and Charges and deduct the same each month from your Account you have designated to pay fees through the Service. Our failure to assess any charges or to assess charges in any specific amount does not waive our right to increase or decrease the amount of charges later. Fees are reviewed periodically and are subject to change. You will be notified of any fee changes if and as required by law.
7.8. Information to Third Parties. We will disclose information to third parties about your Account or the transfers you make:
- Where it is necessary for completing transfers.
- In order to verify the existence or condition of your Account or to ensure the accuracy or security of the information for a third party, such as a credit bureau or merchant.
- In order to respond to governmental agency or court orders or requests, or otherwise in accordance with applicable law.
- If you give us your written permission.
- To service providers who perform Mobile Banking, Online Banking, Software, data processing, records management, collections and other services for us, in order that they may perform those services.
- In order to prevent or investigate possible illegal activity.
- In order to issue authorizations for transfers from your account.
- As disclosed in our Privacy Notice.
In connection with the exercise of our rights to share information with third parties, you acknowledge that in connection with your use of the Services, we and our affiliates 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 the Services or Software. We and our affiliates 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. We and our affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions, and any applicable software license, but disclaim any obligation to monitor, filter, or edit any content. Your information will not be used for marketing purposes by any of these parties.
7.9.1. Preauthorized Credits. If you have arranged to have direct deposits made to your deposit Account at least once every sixty (60) days from the same person or company, the person or company making the deposit can tell you every time they send us the money, or you can call us at 1-888-SYNOVUS (1-888-796-6887) to find out whether or not the deposit was made.
7.9.2. Statements. See subsection 3.9, “Online Banking, Mobile Banking, and Statements,” regarding statements.
7.10. Preauthorized Payments.
7.10.1. Right to Stop Payment and Procedure for Doing So. If you have told us in advance to make regular, repeat payments out of your deposit Account through the Services, you can stop any of these payments by contacting us at 1-888-SYNOVUS (1-888-796-6887), or writing to Synovus Bank, Attn: Customer Care, Post Office Box 120, Columbus, Georgia 31902. We must receive your stop-payment request three (3) Business Days or more before the payment is scheduled to be made. Any oral stop-payment request will be binding on us only for fourteen (14) calendar days, after which we may terminate the oral stop-payment order unless we receive your written confirmation within that period.
7.10.2. Liability for Failure to Stop-Payment of Preauthorized Transfer. If you order us to stop one of these payments three (3) Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your direct losses or damages arising from the failure to stop payment.
7.11. Our Liability for Failure to Complete Transactions. We will process and complete all transfers properly initiated through the Service in accordance with the terms of this Agreement. If we do not complete a transfer to or from your deposit 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 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, or the money in your Account is subject to legal process or other encumbrance restricting such transfer.
- If the transfer would go over the credit limit on your overdraft line of credit (as available).
- If My Synovus, your Mobile Device, or your PC or Internet connection is not working properly and you knew about the malfunction when you started the transfer.
- If a payee of your transfer mishandles or delays in handling payments sent by us.
- In the event of any delay, interruption, or error in transmission not the fault of Synovus (including, without limitation, as a result of fault or failed transaction caused by any electronic communication network or mobile communications or telephone service provider).
- If circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we have taken.
There are other exceptions stated in our Agreement with you. For example, we will not be liable for failure to complete a transfer if you have not provided us with the correct payee name, address, account information, or payment amount.
7.12. Error Resolution Notice. In case of errors or questions about your electronic transfers or payments, call us at 1-888-SYNOVUS (1-888-796-6887) or write to Synovus Bank, Attn: Customer Care, Post Office Box 120, Columbus, Georgia 31902, or initiate a payment inquiry using the Services, as soon as you can. Also, contact us if you think your statement, receipt, or confirmation is wrong, or if you need more information about a transfer listed on your statement, receipt, or appearing on the Account activity screen of your PC. We must hear from you no later than sixty (60) days after we made available to you the FIRST statement (or notification on your PC) in which the problem or error appeared. Also, you should:
- 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 date and dollar amount of the suspected error (and the date if available).
- The name of the intended recipient of your transfer and confirmation number if a payment is in question.
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 (five (5) Business Days for Visa®-branded Debit Card point-of-sale transactions processed by Visa®) 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 recredit your Account within ten (10) Business Days (five (5) Business Days for Visa®-branded Debit Card point-of-sale transactions processed by Visa®) 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 ten (10) Business Days, we may not credit your Account.
For errors involving new Accounts, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) Business Days to credit your Account for the amount you think is in error. Your Account is considered a new account for the first thirty (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 (3) Business Days after we complete our investigation. If we decide that was no error, we will send you a written explanation. You may ask for copies of documents that we used in our investigation.