MAIN OFFICE
7663 Hwy 51 South
P.O. Box 59 Brighton, Tennessee 38011
P: (901) 476 5353
A Full Service Bank
WHAT ELSE DOES BRIGHTON BANK DO WITH YOUR PERSONAL INFORMATION?
WHY? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
WHAT? The types of personal information we collect and share depend on the product or service you have with us.
- This information can include:
When you are no longer our customer, we continue to share your information as described in this notice.
HOW? All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Brighton Bank chooses to share, and whether you can limit sharing.
REASONS WE CAN SHARE YOUR PERSONAL INFORMATION
For our everyday business purposes - such as processing your transactions, maintaining your account(s), responding to court orders and legal investigations, or reporting to credit bureaus. Can you limit sharing? - No.
For our marketing purposes - to offer our products and services to you.
Can you limit sharing? - No.
For joint marketing with other financial companies. Can you limit sharing? - We don't share
For our affiliates’ everyday business purposes - information about your transactions and experiences. Can you limit sharing? - We don't share
For our affiliates’ everyday business purposes - information about your creditworthiness. Can you limit sharing? - We don't share
For our affiliates to market to you. Can you limit sharing? - We don't share
For nonaffiliates to market to you. Can you limit sharing? - We don't share
WHAT ELSE DOES BRIGHTON BANK DO WITH YOUR PERSONAL INFORMATION?
How does Brighton Bank protect my personal information?
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.We maintain policies that require restrictions on access to nonpublic personal information about you to those employees who need to know that information to provide products or services to you.
How does Brighton Bank collect my personal information?
We collect your personal information, for example, when you:open an account or deposit moneyapply for a loan or show your driver’s licenseuse your debit or credit cardWe also collect your personal information from others, such as credit bureaus, affiliates, and other companies.
Why can’t I limit all sharing?
Federal law gives you the right to limit onlysharing for affiliates’ everyday business purposes - information about your creditworthinessaffiliates from using your information to market to yousharing for nonaffiliates to market to youState laws and individual companies may give you additional rights to limit sharing.
What happens when limit sharing for an account I hold jointly with someone else?
Your choices will apply to everyone on your account.
Affiliates: Companies related by common ownership or control. They can be financial and nonfinancial companies. At this time, we have no affiliates.
Nonaffiliates: Companies not related by common ownership or control. They can be financial and nonfinancial companies. Brighton Bank does not share with non-affiliates so they can market to you
Joint Marketing: At this time, we have no joint marketing partners.
Unlawful Internet Gambling Enforcement Act(UIGEA) of 2006
The UIGEA, signed into law in 2006, prohibits any person engaged in the business of betting or wagering (as defined in the Act) from knowingly accepting payments in connection with the participation of another person in unlawful internet gambling. The Dept of Treasury and the Federal Reserve Board have issued a joint final rule, Regulation GG, to implement this Act.
As defined in Regulation GG, unlawful internet gambling means to "place, receive or otherwise knowingly transmit a bet or wager by any means which involves the use, at least in part, of the internet where such bet or wager is unlawful under any applicable Federal or State law in the States or Tribal lands in which the bet or wager is initiated, received or otherwise made".
As a customer of Bright Bank, these restricted transactions are prohibited from being processed through your account or banking relationship with us. If you do engage in Internet gambling business and open a new account with us, we will ask that you provide evidence of your legal capacity to do so.
Please see one of our Operations specialist if you would like additional information on UIGEA
This statement asks for your consent so that we can provide communications and information to you in an electronic format rather than in paper format. Before you decide whether or not you wish to provide your consent to receiving electronic disclosures, you should read and consider the following information. Then, if you decide to consent, you can click the "I Agree" button at the bottom of this statement. For your consent to be effective, your computer and browser will need to meet the hardware and software requirements discussed below.
This statement contains important information that we are required by law to provide to you. You should keep a copy for your records. If you have any questions about E‐ disclosures that are not answered, feel free to communicate with us using any of the following contacts:
Brighton Bank
P. O. Box 59
Brighton, TN 38011
901‐476‐5353
Our Internet Banking Service was designed and built to provide records to you in electronic form. You cannot enroll in the Service online without agreeing to receive the Internet Banking Agreement and Disclosure in electronic form.
If you consent, we may also provide other disclosures in an electronic format. These disclosures may
include but are not limited to the following:
If you wish to receive electronic “only” account statements, we will ask you to complete a separate consent process.
1. How to Obtain Electronic Disclosures (E‐Disclosures)
We will always post our most current Internet Banking and Bill Pay Agreement on our website. If any amendment(s) to this agreement results in an adverse effect upon our customers, we will provide at least 30 days prior notice through a secure online message and/or external email alert. We may also send you an external email notice and/or secure message through our Internet Banking Service to inform you where other important disclosures or account statements can be viewed on our website or within our Internet Banking Service. You may download or print all electronic notices and disclosures from your computer if you have the hardware and software described below. You can also save copies of electronic notices and disclosures to your hard drive or other media for viewing and printing at a later time. If you have trouble printing or if you need a paper copy for a special situation, you may request a paper copy from us by contacting us through any of the methods listed above. If you need a paper copy of any E‐ disclosure, we will provide the first copy for free. Charges may apply for additional paper copies.
2. System and Equipment Requirements
Prior to accepting the electronic delivery of disclosures, you should verify that you have the required hardware and software necessary to access the system and retrieve documents and disclosures in an electronic format. You will need: Internet Access. A computer and Internet browser that can support 128‐bit encryption. For security purposes, we support the most current version of popular browsers, such as Microsoft Internet Explorer, Mozilla/Firefox, Netscape Navigator/Communicator, or AOL’s browser. The most current browser versions are typically more secure and will support 128 bit encryption. Browser upgrades are accessible on the Internet banking login page. A printer for printing E‐ disclosures and/or sufficient hard‐drive space or other media (e.g. CD, DVD) if you plan to save disclosures in an electronic format. An external email address. This is necessary so that we can send you notices when E‐ disclosures are available on our website or within the Internet banking service. We may revise hardware and software requirements from time to time. If there is a material chance that the changes may impact your ability to access the system or E‐disclosures, we will notify you of these changes thirty (30) days in advance. At that time, you will be given an opportunity to change the format of your disclosures (e.g. change from an electronic format to a paper format) without the imposition of any fees.
3. Cancellation of E‐Disclosures
If you consent to receive E‐disclosures and later change your mind, you may withdraw your consent and change to the paper delivery format. You can notify us of your intent to cancel E‐disclosures by sending us a secure message through the Internet Banking Service, or by contacting us through any of the methods listed above. If you send us a secure message or write us a letter, please be sure to identify yourself and the applicable accounts. If you have agreed to receive electronic‐only account statements, you can “opt-out” on the “Statements” page within the Internet Banking Service. After your opt‐out request is processed, you will begin receiving paper copies of account statements and additional charges may apply.
4. Address Changes
In order to provide E‐disclosures, we must maintain current customer email address at all times. It is your sole responsibility to provide us with your correct contact information, including your email address. You should notify Brighton Bank of any changes to your personal contact information by calling us at 901‐476‐5353, or you can update your personal information at any of our branch locations. If you wish to notify us electronically, please update your personal information through the “Customer Info” Page under the Options menu within our Internet Banking Service.
5. Proceed with Acceptance of E‐Disclosures
With your acceptance below, you agree to accept Internet Banking and Bill Payment related disclosures in an electronic format. You also agree that you have the necessary equipment for accessing and viewing the disclosures and you agree to notify us if you change your email address or if you no longer want to receive disclosures electronically. If you enroll for Internet Banking services in one of our branch locations, we may send you an email and ask you to confirm your email address, and your ability to access E‐ disclosures. If you do not want E‐disclosures, select the “Opt‐Out” button below. You can still “Opt‐In” for delivery of account e‐statements and other disclosures at a later time by Opting‐In or by contacting us through \ any of the methods specified above.
General Mobile Application Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THIS MOBILE SMART APPLICATION. BY ACCESSING OR USING THIS SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY BRIGHTON BANK (for purposes of these terms and conditions the term "Brighton Bank" includes Brighton Bank's affiliates, as applicable) FROM TIME TO TIME AND POSTED ON THIS SERVICE.
No Warranties. Although Brighton Bank attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the "Contents") on the SERVICE, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. THE SERVICE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE SERVICE AND ITS CONTENTS IS AT THE USER'S SOLE RISK. THE SERVICE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY
AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, BRIGHTON BANK ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICE OPERATED BY A THIRD PARTY.
Finally, without limitation as to the foregoing, in regard to the Limitation of Liability. IN NO EVENT WILL BRIGHTON BANK OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S USE OF THE SERVICE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SERVICE OR ANY SERVICE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SERVICE OR ANY OTHER SERVICE, EVEN IF BRIGHTON BANK IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Use of SERVICE. Contents are included in this SERVICE solely for the personal use of SERVICE users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this SERVICE without the prior written consent of Brighton Bank, which may be withheld in its sole discretion.
Copyrights and Other Intellectual Property. Except where otherwise expressly noted or as noted below, all Contents of this SERVICE, including the graphics, icons, and overall appearance of the SERVICE, are the sole and exclusive property of Brighton Bank and/or its subsidiaries or affiliates. Certain of Brighton Bank's trademarks and/or service marks are also listed below. The posting of the Contents of this SERVICE neither constitutes a waiver of any of Brighton Bank's proprietary rights or any other party's proprietary rights, including but not limited to copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the SERVICE user or to any third party. Contents of this SERVICE are protected by United States and international copyright laws, both as individual works and as a collection, and by United States and international trademark laws. You agree not to delete any copyright, trademark, or similar notice from any Content you obtain from the SERVICE.
The display of third-party trademarks within this SERVICE does not grant a license of any kind to the reader. Any downloading of material contained in the site, or of any site linked to the site may be a violation of federal trademark and copyright laws. Any downloading of Contents of this SERVICE or any SERVICE linked to this SERVICE may be a violation of federal and other trademark laws and federal copyright laws.
Links to Other SERVICES. Brighton Bank may establish links between this SERVICE and one or more SERVICES operated by third parties. Brighton Bank has no control over any such other SERVICES or the contents therein. The existence of any such links shall not constitute an endorsement by BRIGHTON BANK of such SERVICES, the contents of the SERVICES, or the operators of the SERVICES.
Transmissions to and from this SERVICE. Except where expressly indicated otherwise, transmissions to and from this SERVICE or directed to Brighton Bank, including E-mails, are not sent in a secure form and can be intercepted by third parties, and may not be immediately received by the appropriate business unit at Brighton Bank. Please do not use E-mail to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please call 901-476-5353 or write us instead at this address: Brighton Bank, 7663 Highway 51 S, Brighton, TN 38011 Attention: Mobile Banking Customer/Member Service. Any transmission to this SERVICE, including E-mails, shall be deemed and remain the property of Brighton Bank. Brighton Bank shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a SERVICE user to Brighton Bank through this SERVICE.
Modifications. Brighton Bank may at any time make modifications, changes, and alterations to the Contents of this SERVICE, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of this SERVICE following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.
Governing law. These Terms and Conditions shall be governed by and construed in accordance with the law of the state of Tennessee, without regard to the conflict of laws thereof, and to the laws of the United States.
Venue. Disputes arising from the use of this SERVICE shall be exclusively subject to the jurisdiction of any federal or state court for the State of Tennessee.
Severability. To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect.
Waiver. No waiver by Brighton Bank of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.
Service Contact.
You may contact Brighton Bank by E-mail link to E-mail or by phone.
BRIGHTON BANK
7663 Highway 51 S, Brighton Tennessee 38011
901-476-5353
Customer/member Specific General Terms and Conditions
General Description of Mobile Banking Service Agreement
What Does This Agreement Cover
This Agreement between you and the BRIGHTON BANK governs the use of Mobile Banking services. These services permit BRIGHTON BANK customer/members (consumers, sole proprietors and other business customer/members) to perform a number of banking functions on accounts linked to the service through the use of a mobile device or mobile smart telephone, including some credit card accounts and investment accounts with our affiliates. Unless indicated otherwise by the context, "linked BRIGHTON BANK accounts" or "linked accounts" refers to all of your accounts with BRIGHTON BANK or its affiliates that you have linked to Mobile Banking solution.
Accepting the Agreement
When you use any of the Mobile Banking services described in this Agreement, or authorize others
to use them, you agree to the terms and conditions of the entire Agreement.
Relation to Other Agreements
Mobile Banking for Consumers and Businesses
You may use Mobile Banking to:
Description of Mobile Banking Services
Internal Account Transfers
THE SPECIFIC CAPABILITIES FOR THE BRIGHTON BANK NEED TO BE DEFINED BASED ON ITS INTERNAL TRANSFER CAPABILITIES. BELOW IS A GENERIC DESCRIPTION OF TRANSFER SERVICES
Processing of Transfer Requests
Transfers from a deposit account (excluding investment accounts) are immediately reflected in the account's available balance. Transfers from a credit card or a line of credit account are immediately reflected in the account's available credit amount.
Scheduled and Recurring Transfers
Transfers scheduled for a weekend or a non-bank business day will be processed on the prior bank business day. All other scheduled and recurring transfers will be processed from the funding account at the beginning of the business day requested.
Transfers to Credit Accounts
Funds transferred as a payment to a credit card, line of credit, installment loan or mortgage account before 11:59 p.m. ET will be credited with the date the payment is submitted. Transfer payments submitted after 11:59 p.m. ET will be credited with the next day's date. Updates to account balances, funds availability, and transaction posting may take up to 2 bank business days.
Transfers to Deposit Accounts
Limitations and Dollar Amounts for Transfers and Payments
Transfers and Payments made using MOBILE Banking are subject to the following limitations:
Transfer/Payment Authorization and Sufficient Available Funds
Canceling Transfers and Payments
Bill Payments
Transfers
Alternative Method
Note: The easiest and most convenient way to cancel a payment or transfer is through the method described above. However, you may request to cancel a scheduled or recurring payment or a future-dated transfer by calling us at:
Brighton Bank, 7663 Highway 51 S, Brighton, Tennessee 38011 or 901-476-5353
We must receive your request three (3) bank business days or more before the payment or transfer is scheduled for processing. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. If you call or write to cancel a payment or transfer that is Pending, you will be charged for a stop payment in accordance with the agreement for the appropriate linked account.
Other Terms and Conditions
Monthly Service Charge
Except as otherwise provided in this Agreement or your applicable account agreements and schedule of fees, there is no monthly service charge for accessing your linked accounts with the mobile Banking service.
Other Charges
In addition to the fees already described in this Agreement, you should note that depending on how you access mobile Banking you might incur charges for:
Service Hours
Mobile Banking services are available 365 days a year and 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed on-line when you sign on to mobile Banking. Our Call Centers are available from X:xx a.m. to xx:xx p.m. ET (for California accounts, from 7:00 a.m. to 10:00 p.m. PT), seven (7) days a week excluding bank holidays. You may also write us at:
Brighton Bank, 7663 Highway 51 S, Brighton Tennessee 38011 or 901-476-5353
Business Days
For Mobile Banking services, our business days are Monday through Friday, excluding bank holidays.
For investment accounts only, all stock exchange closures and holidays will be observed (such as
Good Friday) as well as the bank holidays.
Participation By Payees
Occasionally a Payee may choose not to participate in Bill Pay, or may require additional information before accepting payments. We will work with these Payees to encourage them to accept an electronic or check payment from the Bank/credit union. If we are unsuccessful, or if we determine that the Payee cannot process payments in a timely manner, we may decline future payments to this Payee. In the unlikely event that this occurs, we will promptly send you a notice. Any obligations that you wish to pay through mobile Banking with Bill Pay must be payable in U.S. dollars to a Payee located in the United States. We reserve the right to restrict categories of Payees to whom payments may be made using the service. You should not use the service to make:
Canceling Your Online Banking
If you choose to cancel your Online Banking services, any unprocessed payments will be canceled. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service. BRIGHTON BANK will cancel any scheduled payments within two (2) bank business days from the date we receive your request to discontinue the service. If you close your primary checking account, or if it's no longer linked to your service, your Online Banking service will end, and any unprocessed payments will be canceled. If you cancel your Online Banking services, Transfers Outside BRIGHTON BANK will also be canceled.
Joint Accounts
When your mobile Banking service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer. Joint accounts using the same Online ID will be identified as one service.
Changes to Agreement
We may change this agreement at any time. For example, we may add, delete or amend terms or services. We will notify you of such changes by mail or electronic message. If you initiate any transfer of funds or bill payment through your mobile Banking after the effective date of a change, you indicate your agreement to the change.
Cancellation
Your mobile Banking remain in effect until they are terminated by you or the CFI. You may cancel your service at any time by notifying us of your intent to cancel in writing, through mobile Banking secure mail, or by calling mobile Banking customer/member service at x.xxx.xxx.xxxx. This cancellation applies to your mobile Banking services, and does not terminate your BRIGHTON BANK deposit or credit accounts. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service. We may terminate your participation in mobile Banking services for any reason, including inactivity, at any time. We will try to notify you in advance, but we are not obliged to do so.
Use of External Email Address
With mobile Banking services we may send messages to your external email address and notify you that responses to your payment inquiries or customer/member service inquiries are available, or as otherwise described within the mobile Banking services. If you subscribe to e-Bills service, we may also use external email to notify you that you have new bills. We cannot act on instructions sent by you from an external email address. You should use mobile Banking secure mail to send instructions to the CFI. If, for any reason your external email address changes or becomes disabled, please contact the BRIGHTON BANK immediately so that we can continue to provide you with automated messages. You may notify us of any changes to your external email address through the Customer/member Service tab within your mobile Banking service.
Transfers From Money Market Deposit Accounts
Federal regulations and the deposit agreement impose limits on the number of certain types of withdrawals and transfers you can make each month from a savings and money market deposit account. You can make no more than a total of six (6) automatic or preauthorized transfers, telephone transfers, or mobile Banking transfers or payments from a savings or money market deposit account each monthly statement cycle (each month for savings accounts with a quarterly statement cycle). If checks or debit cards are allowed on the account, no more than three of the six (6) transfers may be made by debit card purchase, check or similar order. If you exceed these limits on more than an occasional basis, we convert your account to another type of account and your account may no longer earn interest. Each transfer or payment through the mobile Banking services from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each statement period. We recommend that you not use a savings or money market deposit account as your bill payment account because of these limits on transfers. Please review the deposit agreement for your account for more information.
Contact by BRIGHTON BANK or Affiliated Parties
No BRIGHTON BANK or Payee employee, nor any company affiliated with BRIGHTON BANK mobile will contact you via email or phone requesting your mobile ID or mobile passcode. If you are contacted by anyone requesting this information, please contact us immediately.
Reporting Unauthorized Transactions
For accounts:
If you are calling from outside of the continental U.S., call us collect at: 901-476-5353
Disclosure of Account Information
We may disclose information to third parties about you or your transactions in the following instances:
Account Statements
We report your mobile Banking transactions on the monthly statements for your linked accounts. A description of each transaction, including whom you paid, and the date and amount of the transaction will appear on your statement.
Limitation of Liability for Mobile Banking Transactions
Tell us at once if you believe your mobile Banking passcode has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your mobile Banking services could cause you to lose all of your money in your accounts, plus any amount available under your overdraft protection plan.
You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the transaction has been mailed to you (or 90 days if the transaction was from an account maintained at another financial institution). If you do not, you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60-day period (or 90 day period if the transaction was from an account maintained at another financial
institution), if we can show that we could have stopped the transaction if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods. When you give someone your mobile Banking ID and passcode, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized,
then only transactions that person performs after the time you notify us are considered unauthorized. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions. For your protection, sign off after every mobile Banking session.
Our Liability for Failure to Complete Transactions
If we do not complete a transaction to or from your account on time, or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. For instance, we will not be liable:
1. What This Agreement Covers
This Agreement covers your use of Brighton Bank’s Picture Pay Bill Payment Services. Brighton Bank’s Picture Pay Bill Payment Services are defined as any electronic service provided by Brighton Bank that allows you to direct Brighton Bank to make payments from your Brighton Bank checking accounts to third parties whom you have selected in advance through the use of a mobile device (the "Service").
2. Brighton Bank Picture Pay Bill Payment
You may direct Brighton Bank to make payments from your Brighton Bank checking accounts to third parties ("payees") whom you have selected to receive payment. You may make payments through the Service to any business, merchant, or professional that generates a bill or invoice for products or services provided to you on your behalf ("Business Payee") or to any individuals, family, or friends for non- business purposes ("Individual Payees"). Payments may be made only to payees with a U.S. payment address.
3. Delivery of Your Payments
You may schedule payments to be initiated on the day that you enter the payment information, on a future date, or on the same date each month, subject to the restrictions in this Agreement. Although you can enter payment information through the Service 24 hours a day, 7 days a week, payments can be "initiated" only on business days. Bills cannot be initiated on holidays or weekends. If a scheduled bill payment falls on a holiday or weekend, it will be paid on the Friday before the weekend, or the
last working day before the holiday. The date on which a payment is "initiated" is the date on which we act on your payment instructions.
As you are initiating your payment, the "service" will automatically determine whether your payment will be sent by electronic transmission or by check. In order to send a payment by electronic transmission, your designated payee must be on our service providers list of businesses that are set up to accept electronic transfers. All payments not made by electronic transmission are made with a check to your designated payee.
Payments are “processed” one time each business day: at 3:00 p.m. CST. You have the right to stop or change any scheduled bill payment until the time it is processed.The following scenarios illustrate Brighton Bank’s bill pay schedule: Stop Payments are not guaranteed. Payees may present payments to their bank before the stop payment has been properly processed. Payments that are in process cannot be canceled or stopped. If Brighton Bank is successful in processing a stop payment request, please allow up to seven business
days for the funds to be credited to your account.
Scheduling Payments: There will be a delay between the time when you initiate a payment and when the payee receives that payment. Any payments made using the Service require sufficient time for your payee to receive your payment and credit your account properly. Therefore, you should initiate the payment sufficiently in advance of the due date of your payment. We recommend that you initiate payments at least 7 full business days prior to the due date for payments by check and at least 4 full business days for electronic payments. We will not be responsible for any fees, expenses, late charges, or losses you may incur as a consequence of late payment if you fail to properly initiate the payment sufficiently in advance of the due date of your payment.
4. Payment Guarantee
If Brighton Bank does not properly complete a bill payment on time or in the correct amount, we will reimburse your for any late fees or penalties you are charged up to a maximum of $25.00 per scheduled payment to a Business Payee that is not received by the scheduled payment date as a result of the failure of a Business Payee to receive a payment made through the Service. In order to be eligible for such reimbursement, you must meet the following conditions: (a) You must have properly scheduled the payment to be initiated on a date at least seven business days prior to the bill’s actual due date (b) You must provide us with the correct payment amount (c) your checking account must contain sufficient funds to complete the payment. (d) You are an individual using Picture Pay for personal, family, or household purposes. The Bank has the right to refuse any transaction if the Bank reasonably believes such refusal is necessary for security reasons.
5. Security
In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes, marks, signs, public keys or other means of identification. Brighton Bank reserves the right to block access to the Service to maintain or restore security to Brighton Bank systems if Brighton Bank reasonably believes your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s). You are liable and responsible for all Mobile Banking Services (including Picture Pay Bill Payment Services) transactions made using your means of identification, whether those transactions are made by you or any person you authorize, permit or enable to have your means of identification (even if the person exceeds your authority) or by any person who obtains through you, by whatever means, your means of identification. If you have given someone your means of identification and wish to terminate their authority, or if you know or believe that your means of identification otherwise is compromised, you must notify Brighton Bank so that Brighton Bank can take the necessary steps to change the means of identification. You agree to defend, hold harmless and indemnify Brighton Bank from and against any and all claims of any nature arising out of any such access by a person you have authorized, permitted or enabled to have access to your Brighton Bank accounts via the Mobile Banking Services.
6. Service Fees
There is no service charge for Brighton Bank’s Picture Pay Bill Payment Services. Please note, however, that you are responsible for all fees and charges that might otherwise apply to your Brighton Bank accounts, such as normal account fees and service charges, non-sufficient funds or OOPS fees, etc. Expedited payment functions will incur a $25.00 fee1.
7. Canceling the Service
This Agreement will remain in effect until it is terminated by you or Brighton Bank. You may cancel this Agreement by notifying Brighton Bank by mail to 7663 Highway 51 S, Brighton TN 38011, Attention Mobile Banking Dept. Brighton Bank may cancel this Agreement and terminate your use of the Service for any reason at any time. Brighton Bank will use commercially reasonable measures to notify you in advance of any such termination, but Brighton Bank is not obligated to do so. Cancellation shall not affect your liability or obligations under this Agreement
8. Bank Documents
The terms and conditions of this Agreement are in addition to, and shall supplement the terms, conditions, rules, and regulations that apply to any of your existing Brighton Bank accounts or services which you currently use.
9. Business Days/Hours of Operation
The Bank’s business days are Monday through Friday, except holidays on which the Bank is closed. Except as provided above in paragraph 3, Brighton Bank’s Picture Pay Bill Payment Services are available 24 hours a day, 7 days a week except during maintenance periods.
10. Limitation on Liability
Except as otherwise provided in this Agreement, the Bank is not responsible for any loss, injury or damages, whether direct, indirect, special or consequential, caused by the Service or the use thereof or arising in any way out of the installation, use or maintenance of your personal computer hardware or any software. Brighton Bank has no duty to monitor the payments that are made through the Service.
11. Warranties Disclaimer
BRIGHTON BANK MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY PROPRIETARY RIGHTS UNLESS, AND THEN ONLY TO THE EXTENT, DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.
12. Severability
In the event any one or more of the provisions of this Agreement shall for any reason, be held to be invalid, illegal, or unenforceable, the remaining provisions shall remain valid and enforceable.
13. Governing Law
The terms and conditions of this Agreement, and any issue relating to an account or service with Brighton Bank which you access through the Service, shall be governed by and construed in accordance with the laws of the State.
14. Assignment
Brighton Bank may assign its right and delegate its duties under this Agreement to a company affiliated with Brighton Bank or to any other party. You may not assign any of your rights or duties under this Agreement at any time.
15. Entire Agreement
This Agreement is the entire agreement between you and Brighton Bank regarding your use of the Service, and it supersedes any prior discussions and agreement between you and Brighton Bank regarding the Service, and supersedes any marketing or other similar material pertaining to the Service delivered to you in writing, verbally or obtained at any Brighton Bank site or the site of any internet service provider.
16. Interruptions in Services
Brighton Bank may, on a regular basis, perform maintenance on Brighton Bank equipment or systems, which may result in an interruption of the Service. Brighton Bank will not incur any liability to you as a result of any such interruptions.
17. Reward Checking Requirements
Usage of the Brighton Bank mobile banking application and its Picture Pay feature combine to satisfy Reward Checking requirements. Logging into the mobile banking application will satisfy the "online login" requirement. Picture Payments will satisfy the required bill payment requirements. Please review the current Reward Checking requirements for each Reward level.
18. In-App Agreement
App users must agree to the InApp agreement in order to use the Picture Pay service. InApp agreement follows: You are activating Personal Picture Pay Services. You agree that by using the Services, you have read and understood this Personal Picture Pay Agreement. Some highlights of the Agreement are:
BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT WILL APPLY TO AND GOVERN YOUR USE OF THE PICTURE PAY BILL PAYMENT SERVICES OFFERED BY BRIGHTON BANK (“BRIGHTON BANK”), AND THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, AND YOU WILL CREATE A VALID AND BINDING LEGAL CONTRACT BETWEEN YOU AND BRIGHTON BANK.
Picture Pay and other app features require an app update available in the App Store and Google Play. Available for Personal accounts only. Account number, last four digits of social security number, and related information is required for set up and activation. Required data plan not included; iPhone® App and Android App require data plan. A $25.00 fee applies for expedited payments, and delivery dates may vary depending on the payee. All fees are subject to sales tax in New Mexico.
For any questions or problems with the Picture Pay product, please call Brighton Bank at: 1-800-687-2265.
