Terms & Conditions
When you open an account with 1ST Constitution Bank, you agree to the terms and conditions described in this agreement. The words "you" and "your" refer to each person who opens an account. The words "our", "us", "we", "Bank" and "1st Constitution Direct" refer to 1st Constitution Bank operating as 1st Constitution Direct. Please read this information carefully and keep it with your banking records.
Opening your account: Accounts opened with 1st Constitution Bank are available to permanent residents of the United States 18 years or older and have a valid tax identification number. You agree to authorize us to electronically transfer funds from your checking account at another financial institution. As part of the account opening process, we will link your 1st Constitution Direct account to the designated checking account ("linked account"). We can only link your 1st Constitution Direct account to a checking account within the United States. We reserve the right to verify that you are the owner of the linked account. When you open your account via the 1st Constitution Direct website, we will place a hold on your initial deposit(s) until you have completed the verification procedures explained at the time of account opening. If you do not complete the verification procedures within 45 days of account opening, your initial deposit may be returned without payment of interest. Customer identification will be checked upon account opening and on an ongoing basis.
Transactions: Deposits and withdrawals are made using 1st Constitution Directs' website to electronically transfer funds to or from a linked account through an automated clearinghouse ("ACH") transaction. You are responsible for properly transmitting your deposits and / or withdrawals to us as well as any loss caused by your failure to properly identify the account to which a deposit or withdrawal is made or intended to be made. Any transaction that you conduct on Saturday, Sunday or a Federal holiday or after 3pm EST will be effective the following business day. We may limit, refuse or return all or any part of a deposit or withdrawal. If an item you deposit is returned to us unpaid or is otherwise charged back to us, we will charge back to your account the amount of the item. Reg CC Funds Availability Disclosure: Consistent with standard industry practice for savings accounts and in order to protect you and us from fraudulent transactions, deposited funds will not be made available to you until the funds have cleared. If you make a deposit via an ACH entry we will generally make the money available to you after five (5) business days. As with all non-cash deposits to your account, interest will begin to accrue on the business day after the day on which the funds were deposited.
Withdrawals: You can make a withdrawal from your 1st Constitution Direct account through electronic funds transfer to your linked checking account via our website. Any transaction that you conduct on Saturday, Sunday, a Federal holiday, or after 3pm EST will be effective the following business day. Security and Access: You are required to select a Password when opening your account. Your password will be used to protect your privacy when transacting business with 1st Constitution Direct. We will e-mail you an Access Identification Number that must be used along with your Password to process account transactions. Your Password and Access ID must be kept confidential. Limitations on Withdrawals and Transfers From 1st Constitution Direct Savings Accounts: Federal law requires us to reserve the right to require you to give us at least seven (7) days written notice before any withdrawal or transfer is made from a savings account. Federal law also limits transfers out of your savings account to six (6) transfers per monthly statement cycle using any automatic transfer services. If you exceed six (6) transfers out of your account on more than an occasional basis, we will close your account. We may refuse any withdrawal or transfer of funds from your account that is made in a manner not permitted by us.
Collection Costs: You agree to pay collection agency fees and costs and / or attorney's fees and court costs if an overdraft, returned deposited item or other transaction in your account is referred to a collection agency and / or an attorney for collection.
Overdrafts: Overdrafts are not permitted. You agree not to request any transfer of funds out of your account that would exceed the balance available in your account at the time of your request.
Types of Accounts:
Indemnity: If the Bank is asked to follow instructions that in its judgment expose the Bank to potential liability under the law, the Bank may refuse to follow the instructions or may require adequate security to protect it from all loss and expenses incurred in following the instructions. You agree to reimburse us for any damages, losses, liabilities, expenses and fees (including, but not limited to, reasonable attorneys' fees) that we incur in connection with your account if we take an action in accordance with your or what purports to be your oral, written or electronic instructions.
Change of Address: The Bank must be properly notified of any change of mailing address or e-mail address in writing or as otherwise permitted by us. Any notice we mail or transmit to you at the last address on our records will be binding on you.
Closing an Account: Either you or we may close your account at any time and for any reason. We may close your account without advance notice.
Lien and Set-Off: We have a continuing lien on, and under this agreement you grant us a consensual security interest in, all of your deposits as security for any and all debts or obligations you owe us as borrower or otherwise, whether due or to become due. We may at our option at any time and without notice to you use all or any part of the money from your account ("set-off"), whether an individual or joint account, to pay any debt you owe to us of whatever kind and however arising. The set-off shall be a lawful and valid payment by you. This right of set-off does not apply to your accounts to the extent restricted or prohibited by law or contract.
Change in Terms/Waiver of Terms: We can change these terms and conditions and add new terms and conditions at any time. Changes and new terms and conditions will be binding upon you and your account as of their effective date. If the change is not in your favor, we will, at least thirty days prior to its effective date, notify you of the change via mail or provide notice to you electronically if you have affirmatively agreed to accept electronic notification. We may change these terms and conditions without notice to you when necessary to conform to federal or state law. We reserve the right to terminate, change or add products, account types or services at any time and within our sole discretion. Notice of such changes, additions or termination will be provided as required by law. We have the right to waive any of our rights under this agreement with respect to any transaction without obligating ourselves to treat future transactions in the same way.
Assignment: No-account or part of an account may be pledged, assigned, given as a gift, or otherwise transferred to a third party without our prior written consent.
Compliance with Laws and Regulations: Your accounts are subject to both Federal law and the law of the State of New Jersey. Your account is also subject to any operating circulars or clearing house rules that apply to us and the rules and regulations of our supervisory authorities (together with Federal and New Jersey law, the "Applicable Laws"). If there is a conflict between these terms and conditions and the Applicable Laws, these terms and conditions will be changed to the extent necessary to comply with the Applicable Laws. If any provision of these terms and conditions is declared to be invalid, unenforceable, or illegal, that provision will not affect the validity of any other of these terms and conditions. Levies, Attachments, and Other Court Process: If we receive a levy, attachment, or other court process against you or any party to the account, we may refuse to permit transfers from your account until the legal process is dismissed or satisfied. Any levy, attachment, or other court process will be subject to our right of set-off and security interest. You are responsible for any losses, costs, or expenses we incur as a result of any dispute or legal proceeding involving your account.
Claims on the Account: If we receive a claim against the funds in your account, or if we know of or believe that there is a dispute as to the ownership or control of funds in the account, we may, in our discretion, place a hold on your account and refuse to pay out any funds from your account until we are satisfied that the dispute is settled, close the account and send the balance to the named account holder(s), continue to rely on the current account records, require a court order to act, or take any other action which we feel is necessary to protect us. We will not be liable to you for taking any such action.
Death or Incapacity: If you die or are declared legally incompetent we can continue to accept and collect items deposited to your account until we are notified of your death or adjudication of incompetence and have a reasonable opportunity to act.
Notices: Any notice that you give to us will be effective when it is actually received by us. Any notice that we give to you will be effective when it is electronically transmitted or deposited in the United States mail, as applicable, and addressed to you at your statement mailing address or electronic mail address. Notice to any one owner of a deposit account is notice to all owners of the deposit account.
Jury Trial Waiver: YOU AGREE TO GIVE UP YOUR RIGHT TO A TRIAL BEFORE A JURY. Subject to applicable law, you and we each agree to waive the constitutional right to a trial before a jury. Our disputes will be resolved either through arbitration or in the courts, in either case without any jury.
Limitation of Our Liability: We will make all reasonable efforts to give you access to your accounts and current and complete account information. However, you agree that we will not be responsible for any interruption in service or loss caused by an event which is beyond our control, including, but not limited to, natural disasters, wars, riots, strikes, computer failure or loss of power, communication, or transportation facilities. We will not be responsible for any losses or damages, including direct damages, resulting from the use of the account, unless such losses or damages are caused by our lack of good faith or failure to exercise ordinary care. In no event will we be responsible for indirect, special or consequential losses or damages of any kind.
New Jersey Multiple Party Deposit Account Act Disclosure Statement
This section applies to Accounts and Sub accounts which are Joint Accounts (With Right of Survivorship); Pay-On Death ("POD") Account; and Trust Accounts (With No Separate Agreement of Trust).
1. This notice concerning ownership rights in multiple party accounts is required by a regulation of the New Jersey Department of Banking (N.J.A.C. 3.1-12.1). This notice has no bearing on the power of any party to make withdrawals from the accounts.
2. The accounts will be subject to the Multiple Party Deposit Account Act (N.J.S.A. 17:161-1 et.seq.;) all other laws, regulations and rules of the State of New Jersey and of the United States; the rules and regulations of the Bank; and all changes in any of the foregoing that may become effective in the future.
3. A Will cannot change ownership of the accounts.
4. Each party (or trustee) owns his or her net contribution to the account. In the absence of proof of net contribution, each party (or trustee) will own an equal share of the account during his or her lifetime, unless they expressly agree otherwise. The term "party" does not include the POD payee(s).
5. Upon the death of a party (or trustee) where there are one or more surviving parties (or trustees) each surviving party (or trustee) will continue to own his or her proportionate share, and the share owned by the deceased party (or trustee) at the time of death will be shared equally by the surviving parties (or trustee).
6. Upon the death of a party (or trustee) where there is no surviving party (or trustee), the account will belong to the surviving POD payees (or beneficiaries). If there are two or more surviving POD payees (or beneficiaries), the following rules will apply: (a) each surviving POD payee (or beneficiary) will own an equal share of the account, and (b) upon the death of a surviving POD payee (or beneficiary), the remaining POD payees (or beneficiaries) will not own any portion of the deceased POD payees' (or beneficiaries') share of the account.
7. The Bank will be protected from liability for all payments made from the account according to the Multiple Party Deposit Account Act.
8. The Bank may make payment from this account, including payment of the entire account balance (i) pursuant to any statutory or common law right of set off, levy, attachment or other valid legal process or court order, relating to the interest of any one or more of the parties; and (ii) on request to a trustee in bankruptcy, receiver in any state or Federal insolvency proceeding, or other duly authorized insolvency representative or any one or more of the parties. The Bank is not required to determine net contributions.
9. Each party (or trustee) acknowledges having read this notice and agrees to be bound by it.
Electronic Delivery of Statements
By completing the consent agreement you agree to permit 1st Constitution Bank ("The Bank") to make disclosures and provide notices to you in electronic form, instead of providing such notices and disclosures in written form.
Your consent and agreement shall relate to all forms of disclosures and notices required under applicable law as a result of the various agreements between you and the Bank and shall remain valid until such time as you exercise your right to revoke this consent. You elect and authorize us, at our discretion, to electronically deliver your account statement(s) and notices that we are required to provide you under applicable Federal and State statutes and their implementing regulations, as amended from time to time.
Other Federal and State laws and regulations ("laws") may be enacted or amended in the future to provide for electronic delivery of account statements and notices. Your election also authorized us, at our discretion, to provide electronic delivery of such statements and notices pursuant to these laws after they become effective.
Terms and Conditions of Your Electronic Statement Agreement
By entering into this Agreement, you accept all the terms and conditions contained in the agreement. Please read it carefully.
The terms and conditions of your Account Agreement and Disclosure for each of your bank accounts as well as your other agreements with the Bank such as loans continue to apply notwithstanding anything to the contrary in this Agreement.
This Agreement is also subject to applicable federal laws and the laws of the State of New Jersey. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and the Bank's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement.
"We", "Our", "Us" or "The Bank" mean 1st Constitution Bank.
"You" and "your" refer to the account owner(s) authorized by the Bank to receive eStatements under this Agreement.
"Account" or "accounts" means your accounts at the Bank.
"Business days" means any calendar day other than Saturday, Sunday, or any holidays recognized by the Bank.
Consent to Electronic Delivery of Account Statements
You have the right to receive monthly, printed Account statements mailed to your mailing address of record. By entering into this Agreement, you understand that the Bank will cease providing you with printed statements in the mail, and that all future account statements will be maintained on a website that you may access to obtain, review, print and otherwise copy/download your periodic statements. Each month we will send a notice to you advising you of the availability of your eStatement. You may then access your statement via a link to our website using the procedures we authorize. You agree to notify us immediately of any change in your e-mail address via telephone, via U.S. Mail or for 1st Constitution Bank Direct by logging on to 1st Constitution Bank's Direct Web Site and clicking on the "Address Change" link. For your protection and for security purposes, we will not accept any change of e-mail address notices via e-mail.
You understand that if you decide in the future that you would like to receive printed statements in the mail instead of receiving eStatements electronically, you agree to notify the Bank in person, via telephone, or via U.S. Mail. Our telephone number and postal mail address are listed below in the section entitled "Communications between the Bank and You."
You understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your eStatement for each of your 1st Constitution Bank accounts as soon as you receive/access it. You agree to protect the confidentiality of your account and account number, and your user ID and password. You understand that your user ID and password by itself or together with information related to your account, may allow unauthorized access to your account. Data transferred via eStatement is not encrypted. 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 Internet, or e-mail transmitted to and from us, will not be monitored or read by others.
Password Security. For security reasons, we will require the use of an individualized password to gain access to your 1st Constitution Bank statements. If you are prevented access due to incorrect password, please contact us at 1-866-934-4178
Your logon password is confidential information that should be known only by you. 1st Constitution Bank will not, for any reason, ask for your logon password. If anyone contacts you and requests this information, contact us immediately. You are responsible for keeping your logon password confidential.
By enrolling to receive eStatements, you will not receive a separate printed and mailed statement.
Your eStatement will be dated the day of the e-mail notifying you of the availability of your eStatement (the "E-mail Date"). You must promptly access/review your eStatement and any accompanying items and notify us in writing within the applicable time period specified in your Account Agreement and Disclosure of any error, unauthorized signature, lack of signature, alteration or other irregularity. If you allow someone else to access/review your statement, you are still fully responsible to access/review the statement for any errors, unauthorized signatures, lack of signatures, alterations, or other irregularities. Any applicable time periods within which you must notify us of any errors on your account statement(s) shall begin on the E-mail Date regardless of when you receive and/or open the eStatement.
If you need to obtain a printed copy of a statement that has not been mailed to you because you have enrolled to receive eStatements instead, please call the Bank at 1-866-934-4178.
Change in Terms
We may change any term of this Agreement at any time. If the change would result in increased fees for any bank service, or increased liability for you, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will provide any required notice of the change in terms to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. If there is more than one party to the account, notice to any one-account owner will be effective for all. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that the applicable deposit agreements and disclosures govern changes to fees applicable to specific accounts.
Disclaimer of Warranty and Limitation of Liability
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the eStatements provided to you under this Agreement. We do not and cannot warrant that eStatements will operate without error, or that eStatements will be available at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of eStatements, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory. Further, in no event shall the liability of the Bank and its affiliates exceed the amounts paid by you for the services provided to you through eStatements.
Communications between the Bank and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
Telephone: You can contact us by telephone at: 1-866-934-4178
Postal Mail: You can write to us at: 1st Constitution Bank
Electronic Banking Department
P.O. Box 539
Cranbury, New Jersey 08512
Consent to Electronic Delivery of Notices
You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically via e-mail, notice with instructions/links or via an e-mail with attached disclosures. You agree to notify us immediately of any change in your e-mail address.
We will send all notices, attachments and/or documents via e-mail to the last known e-mail address provided by you. You agree to notify us promptly in person, in writing (by letter sent via U.S. Mail), or by calling us at 1-866-934-4178 of any change of your e-mail address. For your protection and for security purposes, we will not accept any change of e-mail address notices via e-mail. If you have not notified us in writing of any change of your e-mail address, you agree that your failure to provide us with a good e-mail address is the lack of ordinary care on your part. If we become aware that you are not receiving e-mail, we will send all notices, attachments and/or documents to you via U.S. Mail to your last address known to us.
You will receive an e-mail shortly after the end of each statement period (not all accounts generate monthly statements) with your eStatement. You may link to the Bank's eStatement site by clicking on the link in the e-mail. Clicking this link will take you to the Logon page for eStatements. You will need to enter your user ID and password to view your eStatement.
Hardware and Software Requirements
We recommend Internet Explorer 5.5 Service Pack 2 or higher but can support any browser with 128-bit encryption capabilities (i.e. Netscape 4.03 or higher). To access, download, and print eStatements, you need to have a personal computer with Internet and email access. You must also have Adobe Acrobat Reader 5.0 or higher. To download a free copy of Adobe Acrobat Reader, please go to http://www.adobe.com.