Terms

CONSUMER AND SMALL BUSINESS ONLINE BANKING DISCLOSURE
 
INTRODUCTION
Berkshire Bank (“the Bank,” “we,” “us,” or “our”) is pleased to offer its customer (“you”) the convenience of 24-hour banking through Berkshire Bank Personal and Small Business Online Banking. When you log in to Berkshire Bank Personal and Small Business Online Banking, you acknowledge that you have received and understand the terms of this Agreement and agree to be bound by these terms. Please read this agreement and disclosure statement carefully because it tells you about your rights and responsibilities for EFT transactions processed using Berkshire Bank Personal and Small Business Online Banking. You should keep this agreement and disclosure statement for future reference.
These agreements may be amended from time to time and notice of such change will be provided to you by us as may be required by applicable law.
ELECTRONIC DISCLOSURES
By accepting Berkshire Bank’s Online Banking Disclosure, you are enrolled and consent to receive all disclosures relating to your account electronically either by email or by notification that disclosures are available on Berkshire Bank’s website. Agreeing to accept disclosures electronically means that once the Bank presents them to you, and if necessary, you click to accept them, they will apply to you and all of your accounts.
You must provide a current and valid email address. To update your contact information regarding your email address:
  1. Login to your Online Banking.
  2. Click on dropdown arrow next to your Username in the top right corner.
  3. Go to Settings.
  4. User Profile.
  5. Select the edit icon next to your current email address.
  6. Enter your new email address.
  7. Select Update Email.
If you have any questions or need help, just submit a message from within the Online Banking by clicking "Support" in the banner, then choose “Send/Receive a Secure Message.”
You have the right to withdraw consent to have disclosures provided electronically. If you choose to discontinue receiving disclosures electronically or you wish to receive a paper copy, you may do so by sending an email from Berkshire Bank’s website, by calling 1-833-BERKBNK (1-833-237-5265) or through Online Banking by selecting “Support” then “Send/Receive a Secure Message”. The withdrawal will become effective only after we have a reasonable time period to process your request. There are no fees to process the withdrawal of consent to receive electronic communications or for obtaining paper copies of our disclosures. Withdrawing your consent will apply to all your accounts and all document types.
EQUIPMENT REQUIREMENTS
To receive disclosures electronically you must have Adobe Reader Version 8.0 or higher.
SECURITY
We are committed to protecting your personal and financial information. Our Electronic Banking system utilizes Secure Sockets Layer (SSL) technology to support the secure transmission of personal and account information over the internet. SSL technology encodes information sent over the internet between your computer and Berkshire Bank. The use of SSL technology and 128-bit encryption help ensure that your personal information remains confidential. In addition to SSL technology, we have implemented the following security procedures:
  • The service will automatically log off if prolonged periods of inactivity occurs.
  • Your account will be locked after ten consecutive invalid password attempts.
  • Account alerts and Service alerts to notify you of activity on your account.
  • If you log in from an unregistered computer, you will be prompted with out of band authentication using email or SMS messaging to an existing telephone number already on record with Berkshire Bank.
  • We are committed to protecting your personal and financial information. Our systems use encrypted protocols to secure the transmission of personal and account information over the internet.
The use of SSL requires that you access our Electronic Banking system with an SSL-compatible browser. We support the latest version of Microsoft Edge, Firefox, Internet Explorer, Apple Safari, and Google Chrome.
Passwords
Your online account information is available to you with the use of a user ID and a password (Login credentials) of your choice. You can safeguard your account information by protecting your credentials. Keep your credentials confidential and do not provide them to anyone else. If you give your Login credentials to anyone, you may be responsible for any loss that stems from that disclosure. You may change your Login credentials at any time. We recommend you change your credentials at least once every 90 days. Your credentials cannot be similar to other personal information, be a commonly used password or entirely numeric. It must contain at least eight characters. We recommend using a combination of upper- and lower-case letters interspersed with numbers.
 
Virus Protection
You agree that we are not responsible for any electronic virus that you may encounter using Berkshire Bank Personal and Small Business Online Banking. We encourage you to routinely scan your computer and media using any reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware.
CUSTOMER SERVICE INFORMATION
For questions concerning your account or service, contact:
 
BERKSHIRE BANK
ATTN: Customer Support Center
P.O. BOX 1308
PITTSFIELD, MA 01202-1308
Business Hours: Monday through Saturday 8:00 A.M. - 6:00 P.M. EST
Excluding Federal Holidays
Phone: 1-833-BERKBNK (1-833-237-5265)
[email protected]
 
ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT
This disclosure is to inform you of your rights under the Electronic Fund Transfer Act. The Electronic Fund Transfers we are capable of handling are indicated below. Additional services may be provided in the future as they are developed. Please read this Disclosure Statement carefully and keep it for future reference.
Permissible Activities For Bank Accounts
You may perform the following activities with Berkshire Bank Personal and Small Business Online Banking for your eligible accounts which
include checking, statement savings, money market or certificate accounts:
Account Inquiry: You may get account information (such as balances) and view up to 3 months of transactions for your eligible
accounts.
Review statements: You may view statement activity for your eligible accounts.
Review Cleared checks: You may view and print both the front and back of available digital images of checks that have been paid
on your Deposit accounts.
Self-Initiated Services: You may initiate services such as stop payments or statement or check copies through Berkshire Bank
Personal and Small Business Online Banking.
Funds Transfer: You may transfer funds between your eligible deposit accounts at Berkshire Bank.
External Funds Transfer: You may transfer to or from checking and savings accounts you own at other financial institutions in
accordance with our External Funds Transfer Agreement.
Loan Payments: You may make payments to your eligible loan accounts.
Bill Payments: You may make payments or pay various third parties from your Payment Account(s). You must have a Checking account
to use the Bill Payment Service. Your ability to make certain payments or pay certain third parties may be prohibited as described in this
Agreement.
Business Day
Every day is a business day except Saturdays, Sundays, and Federal holidays. If you initiate a transfer before 11:00 P.M. EST on a business day the bank is open using our online banking product, we will consider that day to be the day of your transfer. However, if you make a transfer after the cut off time or on a day we are not open, we will consider that the transfer was made on the next business day we are open.
In Case Of Errors Or Questions About Your Electronic Transfers Or Payments
In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
  1. Tell us your name and account number (if any).
  2. 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.
  3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may inspect or ask for copies of the documents that we used in our investigation. If there is no error, we may impose on you a
reasonable charge for making such reproductions.
 
BERKSHIRE BANK
ATTN: ELECTRONIC BANKING
P.O. BOX 1308
PITTSFIELD, MASSACHUSETTS 01202-1308
Business Hours: Monday through Saturday 8:00 A.M. - 6:00 P.M. EST
Excluding Federal Holidays
Phone: 1-833-BERKBNK (1-833-237-5265)
[email protected] 
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST
 
Consumer Accounts Only - We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days 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 10 business days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Your Liability For Unauthorized Transfers for Consumer Accounts
If you tell us within 2 business days after you discover your password or other means to access your account has been lost or
stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within 2 business days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty days after the statement was sent to you, you may lose any amount transferred without your authorization after the 60 days if we can prove that we could have stopped someone from taking the money had you told us in time. If there is a delay in you notifying us due to extenuating circumstances, we may extend the times specified above to a reasonable period.
Unauthorized Transfers
In Connecticut, New Jersey, New York, Pennsylvania, Rhode Island and Vermont
Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
In Massachusetts, UNAUTHORIZED TRANSFERS. Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check.
Telephoning is the best way of keeping your possible losses down. You could lose up to $50 if someone used your card and/or code without your permission.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back the money you lost (up to $50) after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time period.
Stop Payments
Right to stop payment and procedure for doing so: If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Call or write us at the telephone number or address listed in this disclosure in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may require you to present your request in writing within fourteen (14) days after your call.
The fee for stop payments can be found in our Common Features Fee Schedule.
Liability for failure to stop payment of preauthorized transfer: If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses and damages.
Additional Information Required By Massachusetts Law
  1. Any documentation provided to you which indicates that an electronic fund transfer was made to another person shall be admissible as evidence of the transfer and shall constitute prima-facie proof that the transfer was made.
  2. The initiation by you of certain electronic fund transfers from your account will, except as otherwise provided in the agreement, effectively eliminate your ability to stop payment of the transfer.
Unless otherwise provided in this agreement, you (the consumer) may not stop payment of electronic fund transfers, therefore you should not employ electronic access for purchases or services unless you are satisfied that you will not need to stop payment.
Notice Of Varying Amounts
If these regular payments may vary in amount, the payee [the person you are going to pay] will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
Documentation
You will get a monthly account statement from us for your checking accounts.
You will get a quarterly account statement for your statement savings and money market accounts unless there are electronic transactions,
then you will receive it monthly.
Financial Institution Liability
We will use our best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
  1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction; or the transaction would exceed the credit limit of your overdraft account;
  2. The payment processing center is not working properly, and you know or have been advised by the Service about the malfunction before you execute the transaction;
  3. If you have an overdraft line and the transfer would go over the credit limit;
  4. If the funds are subject to legal process or other encumbrance restricting such transfer;
  5. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or,
  6. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.
Disclosure Of Account Information To Third Parties
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about
your account or the transactions you make ONLY in the following situations:
  1. Where it is necessary for completing transactions;
  2. Where it is necessary for activating additional services;
  3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
  4. To a consumer reporting agency for research purposes only;
  5. In order to comply with a governmental agency or court orders; or,
  6. If you give us your written permission.
UNIFIED LOGIN
The Service provides the ability to switch between multiple online profiles on your device allowing quick access to those accounts without needing to login each time.
To link a new profile, select the dropdown arrow next to your Username and then select Link Another Profile. You will be prompted to enter the log in credentials for that profile and complete the multi factor authentication. The now connected profile is linked and can be retrieved in the future under the Username dropdown.
To remove a linked profile, select the dropdown arrow next to your username and click on the three dots next to the username you would like to unlink, then select “Unlink.”
BILL PAY AGREEMENT
The use of this Bill Pay Agreement (this “Agreement”) requires that you read and agree to the terms and conditions contained herein. This Agreement between you and Berkshire Bank (“Bank,” “we,” “our,” or “us”) governs your use of the bill pay services (the “Services”). The Services allow you to make one-time or recurring payment to others from your account using the Bank’s Services, through Paymentus, contained within the Berkshire Bank Personal and Small Business Online or Mobile banking portals (collectively, “Online Banking”). The payment for each bill payment transaction requested will be debited from your account immediately upon submission of the bill payment request. Processing cutoff time is 4:00 P.M. EST.
When you use the Services, or authorize others to use them, you agree to the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SERVICES.
 
Bill Payment Limits:
     Daily limit: $100,000.00
     Transaction limit: $25,000.00
     Rolling 30-day limit: $200,000.00
Bill Payment Fees:
     This service is free.
 
1. Use of Online Bill Pay.
The Service permits you to send funds: (a) a person or entity to which you wish a payment to be directed or the entity from which you receive electronic bills (each person or entity, a “Payee”); (b) to other persons with accounts outside of the Bank; and (c) to your other accounts (persons described in (b) and (c), each a “Non-Biller Payee(s)”).
2. Payment Scheduling.
  1. To schedule a payment, you must select a date your payment will be delivered (such date, the “Est. Delivery Date”) for each Payee. This will determine the Send date for your Payee to receive the payment on time. For electronic payments, the Send date will be 1 business day before the Est. Delivery Date. For check payments, the Send date will be 5 business days before the Est. Delivery Date. All Deliver by Dates must be prior to any late date or grace period permitted by the Payee.
  2. For electronic payments, the necessary funds must be made available in the checking account from which bill payments will be debited (your “Payment Account”) on the Scheduled Send Date. Check payments are not debited from the funding account until the check is cashed.
  3. You may choose to schedule payments to recur in the same amount at regular weekly, every other week, every four weeks, monthly, twice monthly, semi-monthly, every three months, every six months, or annual intervals.
  4. If the online banking session during which you schedule a payment by 4:00 P.M. EST on a business day, the Service will be considered to have received it on that day. Otherwise, it will be considered received the following business day.
3. Prohibited Transactions.
You agree not to use or attempt to use the Service: (a) to engage in any illegal purpose or activity or to violate any applicable law,
rule or regulation, (b) to breach any contract or agreement by which you are bound, (c) to engage in any internet or online gambling transaction, whether or not gambling is legal in any applicable jurisdiction, (d) to engage in any activity or business that would result in you being or becoming a “money service business” as defined in Bank Secrecy Act and its implementing regulations, or (e) to engage in any transaction or activity that is not specifically authorized and permitted by this Agreement. You acknowledge and agree that the Bank has no obligation to monitor your use of the Service for transactions and activity that are impermissible or prohibited under the terms of this Agreement; provided, however, that Bank reserves the right to decline to execute any transaction or activity that Bank believes violates the terms of this Agreement. PAYMENTS TO PAYEES AND NON-BILLER PAYEES OUTSIDE OF THE UNITED STATES OR ITS TERRITORIES ARE PROHIBITED THROUGH THE SERVICE.
4. Payment Authorization and Payment Remittance.
  1. By providing the Service with names, contact information, and/or account information of Payees and Non-Biller Payees to whom you wish to direct payments, you authorize the Service to follow the information provided by you to the Service for a payment to be made to a Payee or Non-Biller Payee (such as, but not limited to, Payee/Non-Biller Payee name, Payee/Non-Biller Payee contact information, Payee/Non-Biller Payee account number, and Scheduled Payment Date) (such information, “Payment Instructions”) that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee/Non-Biller Payee directives.
  2. When any payment or other online service generates items to be charged to your Payment Account, you agree that the Service may debit your Payment Account without requiring your signature on the item and without prior notice to you.
  3. When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Deliver By Date.
  4. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service, Payee or Non-Biller Payee, or payments remitted to you on behalf of another authorized user of the Service.
  5. The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
  1. If your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account.
  2. The payment processing center is not working properly, and you know or, to the extent reasonably practicable, have been advised by the Service about the malfunction before you execute the transaction.
  3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, email address, or account information for the Payee or Non-Biller Payee; and/or,
  4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction.
Provided none of the foregoing exceptions are applicable and you have a consumer account, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.
Provided none of the foregoing exceptions are applicable, and you have a business account, liability of the Service and the Bank will be set forth in Section 5, below.
5. Additional Provisions Applicable Only to Business Accounts.
  1. Protecting Your Login Credentials. You agree that the Bank may send notices and other communications to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any individual. You further agree that the Bank will not be responsible or liable to you in any way if an unauthorized person intercepts information, either in transit or at your place of business. You agree to: (i) keep your username and password (“Login Credentials”) secure and strictly confidential; (ii) instruct each person to whom you have authorized to have user Login Credentials that he or she is not to disclose it to any unauthorized person; and (iii) immediately notify us and select new Login Credentials if you believe your user Login Credentials have become known to an unauthorized person.
  2. The Bank will have no liability to you for any unauthorized payment or transfer made using your user Login Credentials before you have notified us of possible unauthorized use and the Bank has had a reasonable opportunity to act on that notice. The Bank may suspend or cancel your Login Credentials without receiving such notice from you if we suspect that your user Login Credentials are being used in an unauthorized or fraudulent manner. The Bank will have no liability for such suspension or cancellation.
  3. Acknowledgement of Commercially Reasonable Security Procedures. By using Online Banking, you acknowledge and agree that you have been provided with a disclosure of the security procedures for electronic banking transactions, and that said security procedures are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which the Bank implements in compliance with these procedures, unless you have given the Bank prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).
  4. Limitations of the Bank’s Liability. If the Bank fails or delays in making a payment or transfer pursuant to your instructions, or if the Bank makes a payment or transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise required by law, the Bank’s liability shall be limited to interest on the amount that the Bank failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you cancelled the instructions. The Bank may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and the Bank’s payment to either party will fully discharge any obligation to the other. If the Bank makes a payment or transfer in an erroneous amount that exceeds the amount per your instructions, or if the Bank permits an unauthorized payment or transfer after the Bank has had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, the Bank’s liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed sixty (60) days' interest. If the Bank becomes liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year. Unless otherwise required by law, in no event will the Bank be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorney's fees, even if we are advised in advance of the possibility of such damages.
  1. Payment Methods.
The Service reserves the right to select the method in which to remit funds on your behalf to your Payee or Non-Biller Payee. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment.
  1. Payment Cancellation Requests.
You may cancel or edit any scheduled payment (including recurring payments) by following the directions within the Service. There is no charge for canceling or editing a scheduled payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
  1. Stop Payment Requests.
The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact the Bank at 1-833-BERKBNK (1-833-237-5265) during our business hours Monday through Saturday 8:00 A.M.-6:00 P.M. EST, or email us at [email protected]. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the Common Features Fee Schedule.
  1. Exception Payments.
Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and will be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.
  1. Bill Delivery and Presentment.
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:
a.    Information Provided to the Payee. The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Payee sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Service may, at the request of the Payee, provide to the Payee your email address, service address, or other data specifically requested by the Payee at the time of activating the electronic bill for that Payee, for purposes of the Payee informing you about bill information.
 
  1. Activation. Upon activation of the electronic bill feature the Service may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.
  2. Authorization to Obtain Bill Data. Your activation of the electronic bill feature for a Payee shall be deemed by the Bank to be your authorization for the Bank to obtain bill data from the Payee on your behalf. For some Payees, you will be asked to provide the Bank with your username and password for that Payee. By providing the Bank with such information, you authorize the Bank to use the information to obtain your bill data.
  3. Notification. The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an email notification to the email address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills.
  4. Cancellation of Electronic Bill Notification. The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. The Service will notify your electronic Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
  5. Non-Delivery of Electronic Bill(s). You agree to hold the Service harmless should the Payee fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly.
  6. Liability to Payees. This Agreement does not alter your liability or obligations that currently exist between you and your Payees.
11. Disclaimer of Warranties.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE MADE AVAILABLE TO YOU BY THE BANK, ANY THIRD-PARTY SOFTWARE MADE AVAILABLE TO YOU IN CONNECTION WITH THE SERVICE, AND ANY RELATED UPDATES OR UPGRADES, ARE MADE AVAILABLE TO YOU BY THE BANK ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BANK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICE OR ANY THIRD PARTY SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS, OR FREEDOM FROM INFRINGEMENT, MALICIOUS SOFTWARE OR CODE, COMPUTER VIRUS OR WORM, OR OTHER DISABLING ROUTINE, AND THE BANK HEREBY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BANK DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR ANY THIRD-PARTY SOFTWARE WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS. THE BANK SHALL NOT HAVE ANY LIABILITY OF ANY KIND TO YOU OR ANY PERSON ARISING OUT OF YOUR SELECTION OR USE OR NON-USE OF THE SERVICE OR ANY THIRD PARTY SOFTWARE OR ANY OTHER ALTERNATIVE PRODUCTS OR SERVICES, AND IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY DAMAGES OF ANY KIND UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, OR OTHERWISE) AGAINST THE BANK OR ITS AFFILIATES OR EITHER OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “BANK PARTIES”) ARISING OUT OF YOUR USE OF THE SERVICE OR YOU SELECTION OR USE OR NON-USE OF ANY THIRD PARTY SOFTWARE OR ANY OTHER ALTERNATIVE PRODUCTS OR SERVICES (INCLUDING THE INSTALLATION, USE, OR MAINTENANCE OF ANY EQUIPMENT OR SOFTWARE PROVIDED OR USED IN CONNECTION WITH ANY OF THEM), INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, OR FOR LOSS OF USE, BUSINESS, DATA, OR CONTRACTUAL RELATIONS, OR LOST PROFITS, REVENUE, OR OPPORTUNITY, EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ANY OF THE BANK PARTIES BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED WITH A COURT OF COMPETENT JURISDICTION WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING THOSE SOUNDING IN BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
 
THIS SECTION 11 CONTAINS THE BANK PARTIES’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE AND ANY THIRD-PARTY SOFTWARE PROVIDED IN CONNECTION WITH THE SERVICE.
12. Disclosure of Account Information to Third Parties.
It is our general policy to treat your account information as confidential. However, the Bank and/or the Service will disclose
information to third parties about your account or the transactions you make ONLY in the following situations:
  1. Where it is necessary for completing transactions.
  2. Where it is necessary for activating additional services.
  3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee.
  4. To a consumer reporting agency for research purposes only.
  5. In order to comply with a governmental agency or court orders; or
  6. If you give us your written permission.
13. Service Fees and Additional Charges.
Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. All such fees are detailed in our Common Features Fee Schedule. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Payment Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
14. Failed or Returned Transactions.
In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:
  1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service.
  2. You will reimburse the Service for any fees imposed by us as a result of the return.
  3. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
  4. The Service is authorized to report the facts concerning the return to any credit reporting agency.
15. Address or Banking Changes.
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
16. Payee/Non-Biller Payee Limitation.
The Service reserves the right to refuse to pay any Payee or Non-Biller Payee to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Payee or Non-Biller Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
17. Returned Payments.
In using the Service, you understand that Payees/Non-Biller Payees and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Payee's/Non-Biller Payee’s forwarding address expired; Payee/Non-Biller Payee account number is not valid; Payee/Non-Biller Payee is unable to locate account; or Payee/Non-Biller Payee account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Payee/Non-Biller Payee or void the payment and credit your Payment Account. You may receive communication from the Service.
 
18. Information Authorization.
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. If your account was added online the Service may issue offsetting debits and credits to your accounts used for external transfers within the Service and require confirmation of such from you in order to verify ownership of your Payment Account(s). You agree that the
 
Service reserves the right to obtain financial information regarding your account from a Payee or the Bank (for example, to resolve payment posting problems or for verification).
19. Term and Termination.
Your Service will become effective on the date that you enroll an account for the use of the Service and shall remain in full force
and effect until termination in accordance with the following provisions:
  1. Termination for Cause: The Service or the Bank may immediately terminate your use of the Service without notice under the following conditions: (a) You do not pay any fee required by any agreement you have with the Bank or the Service, (b) you do not comply with this Agreement or other agreements governing your accounts, including your Payment Accounts, (c) your accounts are not maintained in good standing.
  2. Termination for Convenience: The Bank may terminate the Service at any time without prior notice and with or without cause, including, without limitation, in the event that you violate this Agreement or close your Payment Account. If more than one person can access a Service, the Bank reserves the absolute right to terminate all access to the Services upon the request of the account owner, any account co-owner, or any other person authorized to access the account. To terminate the Service, you must notify the Bank and provide your name, address, the Payment Accounts, that you wish to discontinue use of the Service, and the termination date of the Service. When the Service is terminated, any prescheduled bill payment will also be terminated. During that time, you will remain responsible for any pending bill Payment Instructions of record with the Service. You may terminate the Service by writing to the Bank at:
BERKSHIRE BANK
ATTN: ELECTRONIC BANKING
P.O. BOX 1308
PITTSFIELD, MASSACHUSETTS 01202-1308
Business Hours: Monday through Saturday 8:00 A.M. - 6:00 P.M. EST
Excluding Federal Holidays
Phone: 1-833-BERKBNK (1-833-237-5265)
[email protected]  
 
20. Availability of the Bill Pay Service.
Access to the Service is generally available 24 hours a day, 7 days a week, except during maintenance periods and during periods when access to the Service is temporarily interrupted because of power outages, equipment and/or software malfunctions or failures. The Bank will not be liable under this Agreement for failure to provide access. Subject to applicable law, we reserve the right to modify, suspend, or terminate access to all or any part of the Service at any time and for any reason without notice or refund of previously incurred fees. To the extent reasonably practicable, the Bank will attempt to notify you by posting a notice on our website in the event of any technical difficulties or other occurrence that may impede access to the Services for a prolonged period.
21. Third Party Software, Tools, and Services.
The Bank is providing you with the means to access the third-party Service under this Agreement (the "Third Party Software"). Such Third-Party Software may be located at a site owned or controlled by such third parties. Except as provided by applicable law, you agree that protecting your personal information other than in the Bank's internal systems is solely your responsibility and not the responsibility of the Bank, that the Bank is under no obligation to provide you with any such Third Party Software, and that in providing or arranging for access to the Third Party Software, the Bank is not assuming any responsibility or liability whatsoever, nor is the Bank suggesting or offering or creating any security procedures.
22. End User License Agreement.
The Agreement applies to your use of the Services and applies to your access to the Services. You understand that some of the Services contemplated by this Agreement are provided by third parties. The Bank shall not be liable for any Services provided by such third parties. This Agreement shall be your license to use the Services provided by the Bank or such third parties.
  1. The Services are owned and operated by the Bank or its affiliates, licensors and/or third-party service providers (the “Bank Bill Pay Parties”) and unless otherwise indicated, all designs, text, images, videos, graphics, software and other content and materials appearing in the Services (collectively, “Content”) are the property of the Bank or the Bank Bill Pay Parties, and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws. All trademarks, service marks, trade names, logos and other indicia of origin (collectively, "Marks") appearing in the Services are the property of the Bank or the Bank Bill Pay Parties. You may not make any use of any Content or Marks without the prior written consent of the Bank. No Content from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
  2. In using or accessing the Service you agree: (1) not to use the Service for fraudulent purposes; (2) not to "spam" others or "phish" for others' personal information; (3) not to create or use a false identity; (4) not to disrupt or interfere with the security of, “deep link”, attempt to obtain unauthorized access to or otherwise abuse, the Service or affiliated or linked websites; (5) not to disrupt or interfere with any other user’s enjoyment of the Service; (6) not to use, frame or utilize framing techniques to enclose any Marks or other proprietary information (including Content); (7) not to use meta tags or any other “hidden text” utilizing a Mark ; and (8) not to use the Service in a manner that is defamatory, inaccurate, profane, threatening, invasive of a person's privacy, violates any third party proprietary rights, or is in violation of any law or regulation.
  3. The Service may contain links to third party websites and services, over which the Bank has no control. You acknowledge and agree that the Bank does not endorse, verify, or make any representations regarding these third-party websites and services and is not responsible for the availability of, and any liability arising from, any such third-party websites and services. The Bank is not liable to you or any other party for any loss or damage which may be incurred by you as a result of these third-party websites and services.
  4. The Bank reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Service, and to block or prevent future access to and use of the Service for any reason. The Bank may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Service, temporarily or permanently, at any time with or without notice to you. You agree that the Bank shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
23. Electronic Disclosures and Communications.
  1. Unless otherwise required by applicable law or pursuant to your written request, in the event that we are required to provide a notice or other communication to you in writing, that notice, or other communication may be sent to you electronically to your email address as reflected in the Bank’s then current records.
  2. You agree that the Bank may send notices and information about our products or services to you electronically, to the extent allowed by law. Any notice the Bank gives you concerning the Service is effective when the Bank sends you an electronic message or when the Bank mails or delivers the notice to you at the address we have for you in the Bank’s records. The Bank may also display a notice to you within the Service. Any notice the Bank sends you will be deemed to have been received by you within three days of being sent. If any of your accounts has more than one co-owner, notice to any one co-owner will be considered effective notice to all. You may request a paper copy of the information up to sixty (60) days after receiving the Bank’s electronic message. Subject to applicable law, updates to this Agreement, as well as all disclosures, notices and other communications regarding the Service will be provided to you within the Service. You can obtain free copies of any of these documents by contacting the Bank at 1-833-BERKBNK (1-833-237-5265) during business hours.
24. Miscellaneous.
  1. Age Requirements. By entering into this Agreement, you are certifying that you are at least 18 years of age or older. You agree to comply with all applicable laws and regulations in connection with the Service.
  2. Security; Reliance on Your Instructions.
  1. Your Role in Preventing Misuse. You understand the importance of your role in preventing misuse of your accounts, including your Payment Accounts and the Service and you agree to promptly examine your periodic paper and/or electronic statement for each of your accounts as soon as you receive it. This obligation is in addition to any obligations you have in your agreements related to your account or other agreements to promptly review your statements and report errors.
  2. Confidentiality of Information. You agree to protect the confidentiality of your account and account number, your user ID and password, your challenge questions and answers, your Personal Identification Number (PIN), and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself or together with information related to your account, may allow unauthorized access to your account. Your user ID and password are intended to provide security against unauthorized entry and access to your accounts. Data transferred via the Services utilizes identification technology to verify that the sender and receiver of the system transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the system is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Services, or email transmitted to and from us, will not be monitored and read by others.
  3. The Bank will rely and act on instructions we receive through Online Banking. You are responsible and liable for all transactions to the extent allowed by law and as provided in this Agreement and any other agreements between you and the Bank. All such instructions will be considered as having been given to us directly by you and shall have the same authority as your written signature in authorizing us to comply with the instructions. You agree that you have been provided with a disclosure of the security procedures that will be used to authenticate transactions through the Service. You agree that those security measures are commercially reasonable security measures and that the Bank may rely upon any instructions we receive upon authentication using these agreed upon security procedures.
iv. Viruses and Other Protection. You are responsible for taking and maintaining security precautions to protect your computer, mobile device, data, and system. You agree that the Bank is not responsible for any electronic virus, spyware, or malware that you may encounter using the Service. The Bank encourages you to routinely scan your computer and/or mobile devised used to access the Service using quality up-to-date, reliable virus, spyware, and malware protection product to detect and remove any virus, spyware, and malware found. Similar such software should be utilized to protect your computers or devices in real-time. Undetected or unrepaired, a virus, spyware, or malware may corrupt and destroy your programs, files and even your hardware. You are responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to your computers or devices, and for protecting, securing and backing up any data and information stored in or on your operating systems. The Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on your computers or devices or accessed through an internet connection.
  1. No Liability for Certain Failures. Except as specifically provided in this Agreement or where applicable law requires a different result, neither the Bank nor the Bank’s 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 or software, or that of an Internet browser provider such as Microsoft® (Microsoft Edge) or Google® (Google Chrome® ), by an Internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will the Bank nor the Bank’s 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 Service.
  2. Liability for Loss of or Erroneous Data. You will bear the liability or the risk of any error or loss of data, information, transactions or other losses, which may be due to the failure of your respective computer system or third-party communications provider on which you may rely. The Bank shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system, including but not limited to damage or loss resulting from date related problems.
  3. Joint Accounts. If the Service is linked to one or more joint accounts, the Bank may act on the verbal, written, or electronic instructions of any authorized signer, even if some other document would require dual authorizations or dual signatures.
  4. Joint and Several Liability. If any one or more of your deposit accounts has co-owners, each co-owner will be jointly and severally liable for any obligation which arises from the use of the Service.
  5. Changes to this Agreement. The Bank may change this Agreement from time to time. We will notify you of such changes by mail or electronic message. If you utilize the Service after the effective date of such change, you indicate your agreement to the change.
  6. No Extension of Credit. You must have on deposit in your Payment Account sufficient amounts to enable the Bank to make the debit. Nothing in this Agreement will constitute or be deemed a commitment by the Bank to extend credit to you, or to grant to your overdraft privileges. The Bank will not have any obligation to make any funds available to you to affect any payment being made by you or to enable you to use the Service. Any obligation to extend credit to you or to otherwise make funds available to you must be set out in a separate agreement executed by the Bank through a person authorized to make credit decisions on the Bank’s behalf.
  7. Grant of Security Interest. As security for your obligations to the Bank under this Agreement, you grant to us a present and continuing security interest in the following: (i) all of your accounts and all distribution/collection points related to any one or more of your accounts associated with the Service; (ii) all now existing and all hereafter arising contract rights relating to your accounts associated with the Service and the distribution/collection points related to any one or more of your accounts; (iii) all cash, checks, drafts, instruments, chattel paper, money orders, remittances, wire transfers, accounts, securities and other items of value or payment intangibles belong to you or payable to you, which are now in or may in the future be in or paid or deposited to your accounts and which are now in or may in the future be in or deposited in any distribution/collection points related to any of your accounts; and (iv) all present proceeds and future proceeds of or related to the foregoing accounts, depository/collection points and cash, checks, drafts, instruments, chattel paper, money orders, remittances, wire transfers, accounts, securities and other items of value or payment intangibles.
  8. Assignment. You may not assign this Agreement to any other person or entity. The Bank may assign this Agreement to any company with which we are directly or indirectly affiliated, or to any successor to the Bank (whether by purchase, merger or otherwise). The Bank may also assign or delegate certain of our rights or responsibilities under this Agreement to independent contractors or other third parties.
  1. Survival. The provisions of this Agreement, which by their nature survive expiration or termination of this Agreement, shall survive the termination of this Agreement.
  2. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the provisions shall continue in full force and effect and shall in no way be invalidated or otherwise affected.
  3. No Waiver. The Bank will not be deemed to have waived any of the Bank’s rights or remedies under this Agreement unless the Bank sends the waiver to you by electronic message, or the Bank otherwise mails or delivers to you a written waiver signed by the Bank. No delay or omission on our part in exercising any of the Bank’s rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies we may have. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
  4. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state whose laws govern the terms and conditions for the account in connection with which the Service is used, and any applicable federal law.
  5. Dispute Resolution. You agree that any disputes between you and the Bank that relate to or arise from this Agreement, or the Service will be resolved exclusively in the State or federal courts for state whose laws govern the terms and conditions for the account in connection with which the Service is used and over which there is a dispute. The parties agree that such courts are the most convenient venue or forum for the resolution of such disputes and such courts have jurisdiction over the respective parties and the subject matter.
  6. WAIVER OF JURY TRIAL. Where permitted by law, both parties waive their right to request a jury trial and agree that all matters relating to or touching upon this Agreement or the Service shall be resolved judicially, without a jury.
  7. Entire Agreement. This Agreement, together with the agreements governing your accounts, is the complete and exclusive statement of the agreements between the Bank and you with respect to the subject matter hereof and supersedes any prior agreement(s) between the Bank and you with respect to such subject matter.
EXTERNAL FUNDS TRANSFER AGREEMENT
Transfers Outside the Bank to/from Accounts You Own
Within Online Banking you may sign up for the option of transferring funds between your linked deposit accounts with the bank and certain deposit accounts at other financial institutions (International Transfers are not supported). You will need to set up and verify each of your non-Berkshire Bank accounts that you wish to use for these transfers. You agree that you will only attempt to set up and verify accounts for which you have the authority to transfer funds.
External transfers are processed after 5:00 P.M. EST on the date they are scheduled. Sufficient funds need to be available at that time. If you transfer funds into the account you have with us, the funds are credited to your account on the next business day but may not be available for use until we receive the funds from the other financial organization. This may take up to 2 business days, 5 business days for accounts less than 30 days old.
  • Transfers outside the Bank can be initiated on either a 1-time or a recurring basis. The recurring transfer feature may be used when a set amount is transferred at regular intervals. For example, a $100 transfer from an account you own at another financial institution to your Berkshire Bank checking account that occurs every 2 weeks. All scheduled transfers will occur with Standard delivery.
  • One-time future-dated or recurring transfers scheduled for a weekend, or a non-business day will be processed on the next business day.
  • Future-dated and recurring transfers can be cancelled up until the business day the transfer is scheduled to be made. However, if the transfer's status is In Process or Processed, you can no longer cancel it.
Transfer Outside the Bank to accounts you own are subject to the following fees:
  • Incoming Transfers – no fee
  • Outgoing Transfers - $3.00
We reserve the right to charge additional fees at a later time and will notify you if we do so as required by law.
Transfer Outside the Bank are subject to the following standard limits:
  • Incoming/Outgoing transfers per business day - $10,000.00
  • Incoming/Outgoing transfers per Month - $10,000.00
    * Your limits may vary based on your account relationship.
New Customer (1 to 30 days) Limits:
  • Incoming/Outgoing transfers per business day - $5,000.00
  • Incoming/Outgoing transfers per Month - $5,000.00

The above limits apply to the total of all Transfers Outside the Bank for all accounts. Any transfer initiated on a day that is not a business day counts toward the applicable limit for the next business day.

Transfers Outside the Bank are available to all customers, but you agree we may cancel, without prior notice, upon the occurrence of a "Disqualifying Event," as defined below:
We may change your dollar limits at any time. Any decrease will be subject to notice, as required by law, but you agree that we may reduce your limits stated above without prior notice upon occurrence of a Disqualifying Event.
Each of the following is a "Disqualifying Event":
-You have had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any Berkshire Bank account during the current or 3 prior calendar months.
-Any of your accounts with Berkshire Bank are not current or are not in good standing.

You shall be solely responsible for the accuracy and completeness of Transfer Instructions transmitted to Berkshire Bank. Berkshire Bank shall not be responsible for any errors in the Instructions or requests for cancellation or amendment of Instructions transmitted to Berkshire Bank by you, and your sole recourse for erroneous or unauthorized Entries or Instructions received by Berkshire Bank from a third-party processor acting on behalf of you is against such third-party processor and not against Berkshire Bank.
Settlement for Entries will occur as provided in the Rules, except that Berkshire Bank may, upon notice, require Settlement prior to processing. Payment of a Credit Entry by the Receiving Depository Financial Institution to the Receiver shall be provisional until receipt by the Receiving Depository Financial Institution of final Settlement for such Entry. You acknowledge that, if such final Settlement is not received, the Receiving Depository Financial Institution shall be entitled to a refund from the Receiver of the amount credited and you shall not be deemed to have paid the Receiver the amount of the Entry.
If an Entry describes the Receiver inconsistently by name and account number, payment may be made on the basis of the account number even if it identifies a person different from the named Receiver. In addition, if an Entry describes the Receiving Depository Financial Institution inconsistently by name and identification number or routing number, payment may be made on the basis of the identification number or routing number even if it identifies a financial institution other than the named Receiving Depository Financial Institution.
If you transmit an Entry that instructs Berkshire Bank to debit or credit an account at a financial institution that does not participate in an ACH association, Berkshire Bank may reject such Entry and use reasonable efforts to notify you of such rejection.
You agree to maintain sufficient collected balances in your account to cover your transfer obligations for all Entries transmitted to Berkshire Bank. You authorize Berkshire Bank to obtain payment of any amount due Berkshire Bank with respect to any of the Entries by debiting, without prior notice or demand, the account or any other account maintained by you at Berkshire Bank or, to the extent permitted by applicable law, any of its affiliate banks. Entries requiring payments in excess of the collected balances available in the account may be returned unprocessed by Berkshire Bank, provided that Berkshire Bank may, in its discretion, debit other accounts maintained by you at Berkshire Bank in order to complete the Entry. You shall fund the account with collected funds on or prior to any applicable Settlement Date, or, if so notified by Berkshire Bank, on or prior to the date any Entries are to be processed. In the event that there are not sufficient collected funds in the account to cover all Entries transmitted to Berkshire Bank by you, such Entries will be completed in the order determined by Berkshire Bank. If you fail to fund the account as required, then Berkshire Bank may refuse to provide Transfers Outside the Bank Services to you.
ADDITIONAL INFORMATION
Any documentation provided to you which indicates that an electronic fund transfer was made will be admissible as evidence of the transfer and will constitute prima facie proof that the transfer was made. The initiation by you of certain electronic fund transfers from your account will effectively eliminate your ability to stop payment of the transfer. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS; THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT
FRIEND TO FRIEND TRANSFERS
New Customers: If you are a new customer and have not previously had an open deposit account or online banking relationship with Berkshire Bank, you will not have access to Friend-to-Friend transfers for the first 30 days.
Friend to Friend (F2F) transfers may be made from your Berkshire Bank deposit account to the deposit account of another Berkshire Bank online banking customer. From the Transfers menu, select Friend to Friend. You will need the full name and account number of the recipient. The system will verify if the recipient is an online banking user. If you initiate a F2F transfer before 11:00 P.M. EST on a business day the bank is open using our online banking product, we will consider that day to be the day of your transfer. However, if you make a F2F transfer after 11:00 P.M. EST or on a day we are not open, we will consider that the transfer was made on the next business day we are open. There is no charge for this service. Transfers are made in real time and cannot be stopped or reversed.
 
P2P PAYMENT SERVICE (PAY IT NOW) AGREEMENT AND DISCLOSURE (Consumer Accounts Only)
This Disclosure and Consent (“Service Agreement and Disclosure”) applies to the Berkshire P2P Payment Service (“P2P”) through Berkshire Bank’s Online Banking, or a Mobile Banking device related to the active deposit account(s) for which you have with us. You authorize Berkshire Bank to post transactions generated by P2P through your Berkshire Bank account to another individual’s account. P2P payments can be made to consumers residing anywhere within the United States, its territories (American Samoa, Virgin Islands, Northern Mariana Islands, Guam, Puerto Rico, and the District of Columbia), and military installations. All payments made to another person through P2P are subject to the terms and conditions within this agreement and all other agreements connected with your accounts. This P2P Agreement includes applicable fees, disclaimers of liability, and other information that pertains to the users of this service. Berkshire Bank reserves the right to modify, change, or amend any of the P2P services, and/or the terms of this Agreement or any other agreement you have with us, at any time, for any reason, and without notice, unless otherwise required by law.
In addition, you understand that you may receive funds through the P2P service from a payment generated by another individual. You hereby acknowledge that the receipt of money from another person is subject to the terms and conditions of other account agreements between you and Berkshire Bank.
Please read this agreement carefully
Before we offer P2P service to you, it is important that you understand your rights and responsibilities. Please read the following and affirm your consent to utilize the service. The words “we”,” our” and “us” refer to Berkshire Bank with whom you are transacting business for such accounts and the words “you” and “your” mean you, the individual(s) identified on the accounts. “Receiver” is an individual entity that is sent a payment instruction through the P2P service. “Sender” is a person that sends a payment instruction through the P2P Service.
Berkshire Bank relies upon the information you provide when originating a payment on your behalf. Any errors, including incorrect or inconsistent Recipient names, email addresses, mobile phone numbers, account numbers or payment amounts are your responsibility. Failure to provide correct information may result in unrecoverable loss of funds. You understand and agree that Berkshire Bank has no responsibility to investigate these discrepancies. You further understand that financial institutions holding Recipient accounts are not responsible for investigating discrepancies between names and numbers.
You must provide a current and valid email address and agree to provide the Bank with any updated information needed in order for us to contact you regarding P2P service. To provide us with any changes to your contact information, log into your Online Banking account and update your information under the Settings, User Profile.
Payment Processing
Berkshire Bank’s payment processing uses Real Time Debit (RTD) at the time the payment is initiated using the available balance in your account. You agree that you will have sufficient available funds in the designated deposit account to cover all outbound transactions on the date scheduled. When choosing to send to an email or mobile phone number, the transaction will be funded via RTD at the time the payment is claimed by the Recipient and dependent on whether information requested from the Recipient has been provided. You understand and acknowledge that there may be a delay in the debiting or receipt of funds through the P2P payment service.
Cut-off Time
Depending on the type of payment method selected, payments conducted through P2P may be completed in real time (i.e., instantaneously) or there may be a slight delay in the processing of a debit and/or credit to a particular account.
P2P Payment Options And Limitations
There are transaction limits for payments to another person through the P2P payment service.
 
 
Payment / Limit Options Transaction Limit Daily Limit Rolling 30 Day Limit
Option 1: Electronic Payment from your deposit account
  • Sender needs the Recipient’s Name, Email or Mobile number.
  • Debit is a Real Time Debit for the payment at the time the payment is scheduled.
  • Allows the Recipient to decide how to receive the money. An email or text message with instructions detailing how the Recipient can get the money is sent from the Bank to the Recipient email address or mobile phone.
  • The Sender may cancel payment while it is in an unclaimed status. It cannot be cancelled if the payment has been claimed, declined, or expired.
$1,000 $2,000 $3,000
Option 2: Debit Card
Sender needs their debit card number, expiration date and CVV code.
  • Sender needs the Recipient’s Name, Email or Mobile number.
  • Debit is a Real Time Debit for the payment at the time the payment is scheduled.
  • Allows the Recipient to decide how to receive the money. An email or text message with instructions detailing how the Recipient can get the money is sent from the Bank to the Recipient email address or mobile phone.
  • The Sender may cancel payment while it is in an unclaimed status. It cannot be cancelled if the payment has been claimed, declined, or expired.
$200 $400  
 
 
Scheduling Payment
Payments sent to an email address or mobile phone number require that the Recipient claim the funds within 10 calendar days. The Recipient is directed to the Berkshire P2P site in order to claim their funds and may choose how to receive the funds. They can have the payment sent to their bank account or debit card.
 
Cancellation of Payment
A payment request that has been initiated with your debit card through the P2P payment service may not be cancelled. A payment request that has been initiated with your deposit account through P2P may not be cancelled unless the Recipient has not yet claimed the payment. Inquiries on cancellations must be directed to the Bank at 1-833-BERKBNK (1-833-237-5265).
Stopping a Payment
ONCE AN ELECTRONIC PAYMENT HAS BEEN INITIATED, IT CANNOT BE STOPPED.
Expired Payment
Payments conducted through P2P will expire in 10 calendar days if not claimed. The debited amount will be returned to your
account 5 calendar days after the payment expires.
Rejection of Payment
Payments to another person may not be completed for various reasons. For example, if information provided for the Recipient is inaccurate or if identity verification is not completed, the payment may be placed on hold, or the amount of the payment may be returned to your account. Similarly, if you have insufficient funds in your account(s) or the payment is otherwise prohibited by the terms of this Agreement, the payment may not be completed. If there are insufficient funds to cover the payment at the time the Receiver attempts to claim the payment, they will receive an error message indicating that the payment cannot be claimed, and the Sender should be contacted.
Insufficient Funds
If an account does not have sufficient available funds on the scheduled transfer date, the transfer will not be made. If we do elect to initiate the transfer, it may cause an overdraft in your account in which case you shall be liable for the overdraft item including any overdraft and related fees as disclosed in your Deposit Agreement. In addition, a Continuous OD (Overdraft) Fee of $35.00 will be imposed every 5 business days until you bring your account positive. This fee is applied to your account when it has been overdrawn for 5 or more consecutive business days. A maximum of five (5) charges or $175 will be charged for each time period your account remains in a negative status. Other fees can lead to a negative balance, which can lead to additional fees. This fee is in addition to Overdraft Item and NSF Return Item fees that may apply to your account for each overdraft or returned item. You can avoid this fee by promptly covering your overdraft – deposit or transfer enough available funds to cover your overdraft, plus any fees we assessed, within the first 5 consecutive business days that your account is overdrawn. We may report information about your account to credit bureaus.
Statements
All of your payments made through the P2P payment service will appear on your periodic account statement(s). The transaction type, Recipient’s name, payment amount, and the transmission date will be reflected for each payment made as an electronic payment from your deposit account. Payments using your debit card will have a description of “Berk Bank P2P”. You have sole responsibility to monitor and review your statements and the payments from your account and to immediately report any suspected fraud or unauthorized access to your account or account information.
In case of Errors or Questions about your Electronic Transfers or Payments
In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
  1. Tell us your name and account number (if any).
  2. 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.
  3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may inspect or ask for copies of the documents that we used in our investigation.
Fees
Any applicable fees for use of the P2P payment services are reflected within this document under the P2P Payment Options And Limitations section and are also disclosed to you at the time you utilize the P2P service. We reserve the right to modify the terms of this disclosure and the applicable fees and service charges at any time, effective upon 30 days' notice to you as described in the Internet Banking and Bill Pay Agreement and Disclosure. CARRIER CHARGES MAY APPLY FROM YOUR MOBILE DEVICE OR INTERNET PROVIDER, WHICH ARE SOLELY YOUR RESPONSIBILITY.
 
You will be responsible for any other fees, including, but not limited to overdraft fees, which may be incurred in connection with the P2P services for insufficient funds or Bank holds on your account.
 

Liability
You specifically acknowledge and agree to be bound by all terms of the P2P Agreement. Additionally, you agree that Berkshire Bank shall not be liable in the event that a payment is transmitted in accordance with your instructions but is not received by the intended individual recipient if you failed to provide complete and accurate instructions for the payment. Where we are found liable, our liability is limited to the amount any late fee assessed and caused by a delayed payment not sent in accordance with your instructions. We may suspend, reject, delay, cancel, or refuse to send any payment for any reason and we shall have no liability to you or any third party for any such suspended, rejected, delayed, cancelled, or refused bill payment, where Berkshire Bank acts in good faith. You will be responsible for (i) protecting your information, passwords, logon information, and other security with Berkshire Bank and with any third parties; (ii) periodically updating and providing accurate and current personal information; (iii) properly and accurately providing recipient information; and (iv) fulfilling all other obligations under this P2P Agreement. Under no circumstances will the Bank or its affiliates or either of their respective directors, officers, employees, contractors, agents, representatives, successors, or assigns (collectively, the “Bank Parties”) be liable to you or any other parties for any delayed, late, or cancelled payments, fees, expenses, or costs due to insufficient funds in your account, inaccurate information provided by you or your representatives, services not properly activated, accounts with restricted funds or instructions, inactive accounts, or accounts not in good standing with the Bank. The Bank Parties shall not be liable to you or any other parties for any liabilities, damages, fees, expenses, penalties, or costs arising out of your negligence or your failure to monitor your account or your failure to schedule payments properly, or for any special, consequential, indirect, incidental, exemplary or punitive damages, or for loss of use, business, data, or contractual relations, or lost profits, revenue, or opportunity arising from or out of this P2P Agreement.
Disclosure of Account Information to Third Parties
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
  1. Where it is necessary for completing transactions;
  2. Where it is necessary for activating additional services;
  3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
  4. To a consumer reporting agency for research purposes only;
  5. In order to comply with a governmental agency or court orders; or,
  6. If you give us your written permission.

If an unauthorized disclosure has been made, we must inform you of the particulars of the disclosure within 3 days after we have discovered that an unauthorized disclosure has occurred.

Termination
Access to the P2P payment service may be suspended or terminated by the Bank at any time. You may terminate your use of P2P services by contacting us through Online Banking. If you have scheduled payments pending, you are responsible for any payments sent as stated in this P2P Agreement. We shall have no liability for any failed, terminated, or cancelled payments following termination of the P2P services from you. Berkshire Bank may terminate your use of the P2P service, in whole or in part, at any time with or without prior notice to you for any reason and we shall have no liability whatsoever for any failed, terminated, or cancelled payments due to such termination. Your access to the P2P service will terminate automatically if your account is closed for any reason or if access to funds in your account are restricted for any reason. We reserve the right to terminate your access to the P2P services if you do not use the service during any six (6) month period. Termination will not affect your liability or obligations under this P2P Agreement for transactions processed by us on your behalf and through any termination or any transfer of accounts.

Rules and Regulations
This product is governed in addition to this Agreement by all rules and regulations associated with your checking account, the
Online Banking and Bill Payment Agreement and Disclosure, and the Electronic Funds Transfer Act.

Contact Information

BERKSHIRE BANK
ATTN: ELECTRONIC BANKING
P.O. BOX 1308
PITTSFIELD, MASSACHUSETTS 01202-1308
Business Hours: Monday through Saturday 8:00 A.M. - 6:00 P.M. EST
Excluding Federal Holidays
Phone: 1-833-BERKBNK (1-833-237-5265)
[email protected]  

REV 08/14/2024