1. ONLINE SERVICES.
Stern International Bank LLC (“SIB”) requires you to agree to this Online Services Agreement (this “Agreement”) to use any of the services or perform any of the transactions that we offer through our Website(s) on the Internet (collectively, “Online Services”). Online Services include a number of banking functions through the use of a personal computer or, for some functions, a mobile device (e.g., tablet or smartphone), on accounts linked to the service, each of which allow you to register with us to view your account information & manage your accounts with us. As used herein, the terms “we,” “us,” or “our” refers to SIB. “You” or “your” refers to each person(s) who uses or accesses Online Services. You must have an active depository account with us to use Online Services. Online Services may be limited or unavailable if your account is delinquent or if we otherwise change or suspend Online Services, which we may do so anytime at our sole discretion. Please read this Agreement carefully and retain it for your records. By using Online Services, you indicate your acknowledgement and acceptance of this Agreement and your agreement to the terms and conditions contained herein.
2. ACCEPTANCE OF TERMS.
When you use any of the Online Banking services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement.
3. USER IDS AND PASSWORDS.
You will receive a User ID and Password when you register to use Online Services. Your User ID is the unique identifier that we have assigned to you which you must enter to use Online Services. A temporary password will be given to you once your User ID is provided, you should change this password upon accessing the system. We may, at our option, change your password parameter requirements without prior notice to you. If we do so, you will be required to change your password the next time you enter our Online Services. You agree that you will not give your password, or make it available, to any other person. You represent and warrant that you have the authority and right to register for Online Services and accept responsibility for all services and transactions performed using your user ID and password via our Online Services to the fullest extent allowed by law.
4. PROVIDE ACCURATE INFORMATION.
You agree to provide true, accurate, current and complete information about yourself and the beneficiaries for your transfers. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
5. SECURITY OF INFORMATION.
We and our service providers maintain physical, electronic and procedural safeguards that comply with federal standards to guard your personal information provided through the Online Service. When you enter personally identifiable information on the enrollment page, we encrypt that information using third party software.
6. RETENTION OF INFORMATION.
We will retain your personal information and the information you provide directly. Upon cancellation of the Online Service or deletion of any account or institution from the Online Service, the data will be maintained with the same security and privacy controls as are in effect when you are enrolled in the Online Service.
7. ELECTRONIC RECORDS.
Regulation E of the Electronic Funds Transfer Act may apply to the portion of Online Services that allow you to make electronic transfers through our website. Regulation E provides for certain protections that require us to furnish certain disclosures regarding your rights and liabilities relating to transfers of funds that can be initiated after you sign up for Online Services and are incorporated into this Agreement. With regard to these and subsequent disclosures, (i) you confirm that (a) you can receive electronic communications addressed as indicated in your application for Online Services, and that (b) your computer equipment is capable of printing electronic communications and attachments to such communications; (ii) you agree that (a) by using Online Services, you agree to this Agreement, and that (b) any subsequent notices or disclosures will be effective the date we post them to SIB’s website, or send them to you electronically (unless we indicate in our communication a later effective date.)
8. CHANGE IN TERMS.
Your acceptance of this Agreement indicates not only that you agree to the foregoing and following provisions, but also that we can change these terms at any time, notifying you of the change as provided above (unless we conclude that, for security purposes, the change must be made effective before you are notified). These changes may include modifications to or elimination of any of the then current terms and conditions and new terms and conditions. Where required by law, we will notify you in writing or electronically at least thirty (30) days prior to the effective date of any such changes we make to this Agreement.
9. ERROR RESOLUTION AND QUESTIONS ABOUT TRANSACTIONS.
If you believe there is an error in your account or if there has been a transfer without your permission, you agree to immediately call, Monday through Friday 0900 to 1700 hours EST, or write to us as follows:
o Email: email@example.com
o Online Account: You can send us a message through the Message Center in the Online Services portal
o Regular Mail: Stern International Bank LLC
1413 Ponce de Leon Suite 601-B
San Juan, PR 00907-United States of America
ATTN: Operations Department
You agree to contact us no later than sixty (60) days after we send the Account Statement on which the potential error or transaction in question appeared. You must provide us with the following information:
o Your name(s) or account number (if any);
o A description of the error or transaction you are unsure about, and explain why you believe it is an error; and
o The dollar amount of the suspected error.
If you tell us orally (e.g. phone), we may require written documentation within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after you contact us and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate. We will tell you the results within three (3) business days after completing our investigation. If we determine that there was no error, we will send you a written explanation. You may ask for copies of the documentation that we used in our investigation.
If you have disputes about the accuracy of any information displayed or believe that someone who is not authorized to do so has accessed information through the Online Service, please contact us at the above-mentioned locations and numbers
10. BUSINESS DAYS AND HOURS OF OPERATION.
Online Services are available 365 days a year and 24 hours a day, except during system maintenance and upgrades. Our office is open Monday through Friday 0900 to 1700 hours EST. We are closed on most federal banking holidays and on certain other days. Please contact us at the appropriate phone number above to inquire about our specific days of operation.
11. DISCLOSING ACCOUNT INFORMATION TO THIRD PARTIES.
12. EQUIPMENT, INTERNET ACCESS AND USER CONDUCT.
By utilizing an encrypted browser, you may access Online Services. You are responsible for obtaining a browser capable of a sufficiently high level of encryption to meet the system requirements we establish from time to time. You acknowledge that we are not responsible for notifying you of any upgrades, fixes, enhancements to, or for providing technical or other support for any browser, or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. You are responsible for obtaining, installing, maintaining, and operating all computer hardware, software, and Internet access services necessary to use or access any aspect of SIB’s websites and Online Services. You are responsible for obtaining Internet services via the Internet service provider of your choice, for all fees imposed by such Internet service provider, and any associated communications provider charges such as those who supply dial-up, cable, or DSL connections. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks (to the extent the law allows you to do so). You acknowledge that you have requested the service for your convenience, have made your own independent assessment of the adequacy of the Internet as a delivery mechanism for accessing information and initiating instructions, and that you are satisfied with that assessment.
You agree not to use Online Services or the content or information delivered through Online Services in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of Online Services to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for SIB or its affiliates or cause us to lose (in whole or in part) the services of our third-party provider; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) may potentially be perceived as being obscene or pornographic or contain child pornography, or racially, ethnically, or otherwise objectionable; (h) interfere with or disrupt computer networks connected to Online Services; (i) interfere with or disrupt the use of Online Services by any other user; (j) access the information and content manually by request and not programmatically by macro or other automated means; or (k) use Online Services in such a manner as to gain unauthorized entry or access to the computer systems.
In addition to this Agreement, you agree to comply with all applicable account agreements, including, without limitation, the Account Agreement you received, or other agreement or provision of any other agreement(s) that you received when opening such account and with all applicable state and federal laws and regulations. In the event of conflict between the terms of this Agreement and your applicable account agreements with us, the terms of your account agreement will control.
14. LIMITATION OF LIABILITY.
15. GOVERNING LAW.
This Agreement shall be governed by the law of Puerto Rico, without regard to its conflicts of laws principles, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise. The account(s) you access via the SIB’s website and Online Services shall be governed by laws of your applicable account agreement.
You acknowledge and agree that you are personally responsible for your conduct while using SIB’s websites and Online Services and agree to indemnify and hold us and our officers, directors, employees, and agents harmless from and against any claims, loss, damage, liability, cost or expense of any kind, including attorneys’ fees that we may incur in connection with a third party claim or otherwise, in relation to your use of SIB’s websites or Online Services or your violation of this Agreement Use or the rights of any third party. We reserve the right to assume the sole and exclusive defense and control of any matter subject to indemnification by you, at our expense, and you agree to cooperate with us in defending against such matter.
17. RISK OF INCOMPLETE TRANSACTIONS AND INPUT ERRORS.
We are not responsible for your errors or negligent use of Online Services, including input errors, negligent handling or sharing of passwords, and leaving a computer unattended while accessing Online Services. In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction so affected.
We may suspend your access to Online Services or terminate this Agreement at any time, in whole or in part, without prior notice to you, for any reason and in our sole discretion, including but not limited to your failure to access to SIB’s website for an extended period of time. You agree that SIB will not be liable to you or any third party for any modification, suspension or termination of the Online Service.
Your access to Online Services will terminate automatically if you close all of your accounts with us or if your account access is restricted for any reason. You may terminate this Agreement and your use of Online Services at any time by calling +1 (787) 506-4646 Monday through Friday 0900 to 1700 EST. You must notify us at least ten (10) business days before the date you want your enrollment in Online Services to be terminated. Any payments that have not been processed will be cancelled upon termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
19. MISCELLANEOUS TERMS.
We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall be construed as a bar or waiver of any rights or remedies on further occasions. We reserve the right to modify the information presented on any of SIB’s websites at any time without notice.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER INCLUDED IN OR ACCESSIBLE FROM THE ONLINE SERVICE IS AT YOUR SOLE RISK. THE ONLINE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SIB MAKES NO WARRANTY THAT (i) THE ONLINE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE ONLINE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ONLINE SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE ONLINE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THEONLINE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIB THROUGH OR FROM THEONLINE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU AGREE THAT NEITHER SIB NOR ANY OF ITS THIRD PARTY ONLINE SERVICE PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ONLINE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND ONLINE SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ONLINE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE AGGREGATION SERVICE; (vi) ANY OTHER MATTER RELATING TO THE ONLINE SERVICE