If we fail to complete a payment or transfer in time or in the correct amount according to the Online Agreement (Section 7), we are liable for your losses or damages. However, there are some exceptions. We are not liable if: (1) through no fault of ours, you don't have sufficient funds in your account to make the transfer; (2) the funds are subject to legal process or other encumbrance restricting a transfer; (3) the transfer exceeds the credit limit on your line of credit; (4) there is a technical malfunction which is known to you at the time you attempt to initiate the transfer or, in the case of a recurring transfer, at the time the transfer should have occurred; (5) circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we take. In no event are we liable for more than actual damages proved if any failure of ours was unintentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid such an error.
This does not mean that we accept liability for other circumstances resulting in transfers not being made or completed on time. For example, we are not responsible for delayed or failed transfers if: (1) you fail to use the Services properly in accordance with this agreement and any online or other instructions supplied in connection with the Services; (2) you don't request the transfer and schedule the payment date sufficiently in advance of the due date for the obligation you are paying; (3) you exceed applicable restrictions on the number, amount or frequency of transfers; (4) you fail to supply accurate information with regard to the persons you wish to pay (e.g., name, address and account number); (5) the person you wish to pay or their bank mishandles or delays posting the payment; (6) your computer or software fails to operate correctly, or your instructions are lost or delayed in transmission to us; (7) a bona fide security consideration causes us not to make the transfer (e.g., your PIN or password has been reported lost or stolen; we have reason to believe a transfer is unauthorized; or the transfer would violate other security restrictions in our system); or (8) your relevant deposit account is closed, or services hereunder have been terminated or suspended.