GOLDMAN SACHS BANK USA ONLINE BANKING AGREEMENT
Effective April 29, 2017
PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO REGISTERING FOR THIS SERVICE
1. Our Agreement: This Online Banking Agreement, as amended from time to time, (the
“Agreement”) governs your use of and access to Goldman Sachs Bank USA’s Online Banking
Service (“Online Banking”). Online Banking provides you electronic access to certain Goldman
Sachs Bank USA Online Savings Accounts and Certificate of Deposit Accounts (“CD Accounts”)
that may be accessed using Online Banking (each an “Account” and together your “Account(s)”).
2. Definitions: When we say, the “Bank” in this Agreement, we mean Goldman Sachs Bank USA.
“We,” “us,” or “our,” also means the Bank. The words “you” or “your” mean each person who
owns an Account with us. Our “Business Days” are Monday through Friday, excluding standard
holidays observed by the Federal Reserve System. “Linked Account” means an account held at
an external bank that has been registered (linked) to your Account in accordance with the
applicable provisions in the Deposit Account Agreement.
3. Accepting the Agreement; Relation to Other Agreements: Each time you use Online Banking
or you permit any other person to use Online Banking on your behalf, you are agreeing to the
terms and conditions in this Agreement and in any other agreement applicable to your Account(s).
In addition to this Agreement, your use of Online Banking is also governed by the Deposit Account
Agreement and the Goldman Sachs Bank USA eSign Agreement (“eSign Agreement”) (as the
same may be modified from time to time). If this Agreement conflicts with the Deposit Account
Agreement or the eSign Agreement, unless specifically stated otherwise in the other agreements,
the other agreements will control, to the extent necessary, to resolve any conflict or inconsistency
between this Agreement and the other agreements.
4. Enrollment and Access Requirements: You may access your Account(s) through Online
Banking by registering on our website. To do so, you will need the following: (i) a working
connection to the internet via a web browser on your computer or mobile device that is compatible
with the latest version of our website; (ii) a current valid email address; and (iii) your Account
number(s) and/or other credentials or personal information, as indicated during the enrollment
process. Each owner of a joint Account must enroll in Online Banking separately.
5. Cancelling Access to Online Banking: You may cancel your access to Online Banking at any
time by calling Customer Service at 1-855-730-SAVE (7283) between 7:00 AM and 11:00 PM CT,
Monday through Friday.
6. Termination or Suspension of Online Banking: If you close your Account(s) with us, you will no
longer have access to Online Banking. We may suspend, terminate, or limit your use of Online
Banking for any reason and without notice except as may be required by law. If we suspend,
terminate or limit your use of Online Banking, any scheduled transactions you established through
Online Banking may not be completed. Our suspension, termination, or limitation of access to
Online Banking will not affect any obligations or liabilities you may have under this Agreement or
the Deposit Account Agreement. If your Account is placed in an inactive (dormant) status, we may
suspend your access to Online Banking. Online Banking may be unavailable during regularly
scheduled or other system maintenance and upgrades, or when interrupted by circumstances
beyond our control.
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7. Using Online Banking: You may use Online Banking to:
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View Account balances and transaction history;
Request internal transfers of funds between your Accounts at the Bank;
Change personal Account information;
View Account statements;
Establish Linked Accounts;
Request transfers of funds between your Accounts at the Bank and your Linked Accounts
through Automated Clearing House Transfers (“ACH Transfers”);
Manage Account beneficiaries;
Open and fund additional Accounts with us; and
Send secure messages to us and receive secure messages from us.
Requests for ACH Transfers or internal transfers between Accounts at the Bank that are made
through Online Banking before 5:00 PM Central Time (“CT”) on a Business Day shall be
considered received on the Business Day the request is made. Requests for ACH Transfers or
internal transfers between Accounts at the Bank that are made through Online Banking after 5:00
PM CT on a Business Day or on a non-Business Day, shall be considered received the next
Business Day.
As a condition of using Online Banking, you represent and warrant to us that you will not use
Online Banking for any purpose that is unlawful or is not permitted, expressly or implicitly, by the
terms of this Agreement or by any applicable law or regulation. Further, you will use Online
Banking only for the benefit of your Account and not on behalf of any other party.
8. Account Statements Available Through Online Banking: Your Account statement will be
accessible to you through Online Banking for a maximum of thirteen (13) months. If you need
older Account statements, you may request them by calling Customer Service at 1-855-730-SAVE
(7283).
9. Secure Messages and Email: You may send secure messages to Customer Service through
Online Banking using our secure message service. The content of your secure messages will be
transmitted using technology designed to help protect your privacy. We are not responsible for
any information sent by you through an email system other than our secure message service.
Email is generally not secure and you understand that there are risks associated with
communicating via email, including the possibility of unauthorized access, failure to receive emails
because they have been misdirected or sent to a spam folder, and your inability to access email
due to power outages, hardware or software malfunctions or failures of your computer or mobile
device, or matters affecting the internet or your access to the internet.
10. Service Alerts: From time to time, we may provide automatic Account alerts. Automatic Account
alerts may be sent to you regarding certain Account activities or when certain changes are made
to your Account, such as a change in your email or mailing address, telephone number, username,
or password. If we choose to send these alerts, you do not need to activate these alerts; they are
automatically activated for you. Automatic Account alerts that we choose to send are subject to
the following:
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From time to time, we may add new automatic Account alerts and cancel old alerts.
You understand and agree that your alerts may be delayed or prevented by a variety of
factors. We will make reasonable efforts to provide alerts in a timely manner with accurate
information; however, we do not guarantee the delivery or the accuracy of the contents of
any alert. You also agree that: we shall not be liable for any delays, failures to deliver, or
misdirected deliveries of any alert; or for any errors in the content of an alert; or for any
actions taken or not taken by you or any third party in reliance on an alert. The Bank will not
include your password or full Account number in an alert. However, alerts may include your
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name and some information about your Account(s). Anyone with access to your email will
be able to view the contents of these alerts.
11. Protecting Your Accounts: You agree not to give or make available to any unauthorized
individuals your credentials tha
t enable access to Online Banking. If you give someone your
credentials, you are authorizing that person to use Online Banking, and you are responsible for all
transactions the person performs using Online Banking. All transactions performed by a person to
whom you give your credentials, even those transactions you did not intend or want performed, are
authorized transactions. If you give someone your credentials, transactions that you or someone
acting for you initiates with fraudulent intent are also authorized transactions.
You are solely responsible for keeping your credentials and other online Account information
secure and confidential. To protect the security and confidentiality of your credentials, we suggest
the following:
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Do not give out to any other person your online Account information, credentials or other
means to access your Account(s);
Do not leave your computer unattended while you are logged in to Online Banking;
Never leave your online Account information, credentials, or other means to access your
Account within physical or viewing range of others;
Do not transmit online Account information, credentials or other means to access your
Account via any public or general email system;
Monitor your Account(s) for unauthorized activity; and
Routinely scan your computer using a reliable virus detection and anti-spyware product.
12. Important Information About Online Savings Account Transfers; Transaction Limitations:
This Agreement and federal law impose limits on the number of certain types of withdrawals and
transfers you can make from your Online Savings Account during each monthly Account statement
period. You are only permitted to make six (6) withdrawals or transfers per monthly Account
statement period from your Online Savings Account. This limit does not apply to deposits or to
checks that are made payable to you that you request by calling Customer Service. This limit does
apply to the following types of withdrawals or transfers:
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Preauthorized or automatic withdrawals or transfers initiated from your Online Savings
Account whether through the Bank or an external bank;
Withdrawals or transfers requested by calling Customer Service (ACH Transfers, internal
transfers between Accounts at the Bank, and wire transfers); and
Withdrawals or transfers requested through Online Banking (ACH Transfers and internal
transfers between Accounts at the Bank).
If you make more than six (6) withdrawals or transfers in a monthly Account statement period, we
may in our discretion, deny and/or reject the transfer, and we may close your Account.
13. Stopping Electronic Fund Transfers: The term, “Electronic Fund Transfers,” refers to ACH
Transfers and internal transfers to or from another Account at the Bank. If you scheduled a onetime Electronic Fund Transfer or a preauthorized or recurring Electronic Fund Transfer through
Online Banking, you can stop any of these transfers if we receive your request in time, unless you
schedule a same-day transfer. If you schedule a same-day transfer of funds using Online
Banking, you may not cancel the transaction. If you schedule the transfer in advance, you may
cancel the transfer through Online Banking up until 5:00 PM CT of the Business Day before the
transfer was scheduled. You may also stop an Electronic Fund Transfer if you contact us by mail
or phone in time for us to receive your request three (3) Business Days or more before the transfer
is scheduled to be made. You can request us to stop a transfer by calling us at 1-855-730-SAVE
(7283). If you call us we may also require you to put your request in writing. Written requests
must be sent to the following address: Goldman Sachs Bank USA, P.O. Box 1978, Cranberry
Township, PA 16066, and must be received within fourteen (14) days after you call. If you order
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us to stop a payment three (3) Business Days or more before the transfer is scheduled and we do
not do so, we will be liable for the losses or damages.
If you have scheduled a one-time Electronic Fund Transfer or a preauthorized or recurring
Electronic Fund Transfer through an external bank or with a third party, we will honor a request
from you to stop the transfer if we receive the request at least three (3) Business Days before the
scheduled date of the Electronic Fund Transfer. You may request to stop the transfer by calling us
at the number listed above or sending us a written request to the address listed above.
14. Liability for Unauthorized Electronic Fund Transfers From Your Account: Tell us AT ONCE if
you believe that your credentials have been lost or stolen or that an Electronic Fund Transfer has
been made from your Account(s) without your permission. Contacting us by telephone is the best
way to minimize your possible losses. If you tell us within two (2) Business Days after you learn
that your credentials have been lost or stolen or of the unauthorized transfer of funds, your liability
will be no more than $50.
If you DO NOT tell us within two (2) Business Days after you learn that your credentials have been
lost or stolen or that an unauthorized transfer of funds has occurred and we can prove that we
could have stopped the unauthorized transfer if you told us, you could lose as much as $500.
If your Account statement shows Electronic Fund Transfers that you did not make, you need to
notify us at once. If you do not notify us within sixty (60) days after the Account statement was sent
or made available to you, you may not get back the money you lost after the sixty (60) days if we
can prove that we could have stopped someone from taking the money if you had notified us in
time. If a good reason (such as a long trip or a hospital stay) kept you from notifying us, we may
extend the time periods.
15. The Bank’s Liability for Failure to Complete Electronic Fund Transfers: If we do not complete
an Electronic Fund Transfer 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. We will not be liable, for instance:
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If, through no fault of ours, you do not have sufficient available funds in your Account to
make the transfer;
If you have met or exceeded applicable withdrawal limits during the monthly Account
statement period for your Account;
If you did not provide us with the correct information to make the transfer;
If there was an equipment or website malfunction of which you were aware before you sent
us the instruction;
If circumstances beyond our control (such as power failure, fire, or flood) prevent the transfer
from occurring, despite reasonable precautions we have taken;
If you or the Bank have terminated this Agreement; or
If your Account has been closed.
There may also be other exceptions not specifically mentioned in this Agreement or the Deposit
Account Agreement or that are stated elsewhere in this Agreement or the Deposit Account
Agreement that may apply.
16. Error Resolution or Questions Regarding Electronic Fund Transfers: Call us at 1-855-730SAVE (7283) or write to us at Goldman Sachs Bank USA, P.O. Box 1984, Cranberry Township,
PA 16066 as soon as you can if you think your Account statement or receipt is wrong or if you
need more information about a transfer listed on the Account statement or receipt. We must hear
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from you no later than sixty (60) days after we sent or made available to you the FIRST Account
statement on which the problem or error appeared. You must:
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us your name and Account number;
Describe the error or 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; and
Tell us the dollar amount of the suspected error.
If you tell us orally, the Bank may require that you send your question or complaint to us in writing
within ten (10) Business Days.
We will determine whether an error occurred within ten (10) Business Days after we hear from you
and will correct any error within one (1) Business Day after determining that an error occurred. If
we need more time, however, we may take up to forty-five (45) days to investigate your question or
complaint. If we need additional time to investigate, we will provide a provisional credit to your
Account within ten (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 question or complaint in writing and we do not receive it within ten (10) Business Days, we
may not credit your Account.
You will generally be considered a “New Customer” during the first thirty (30) days after your first
Account is opened. For errors involving New Customers, we may take up to ninety (90) days to
investigate your complaint or question. For New Customers, we may take up to twenty (20)
Business Days to credit your Account for the amount you think is in error. We will notify you of the
results within three (3) Business Days after we complete our investigation. If we determine that
there was no error, we will send you a written explanation and may reverse any credit provided.
You may ask for copies of the documents that we used in our investigation.
17. Our Liability for Service Interruptions: From time to time, due to maintenance, malfunctions or
failures of software, equipment, or telecommunications devices, as well as unusual transaction
volume or similar reasons, Online Banking may not be available to you. We minimize the periods
of time during which Online Banking is unavailable. Online Banking may also be interrupted as a
result of things beyond our reasonable control, such as Acts of God, computer failures, loss of
power, failure or interruption of communication or transportation facilities, riots, strikes, or civil
unrest. You agree that we shall not be responsible for any loss, damages, costs or expenses that
you may suffer or incur, directly or indirectly, as a result of the unavailability of Online Banking,
regardless of whether it could be shown that we could have prevented or reduced the duration of
such unavailability by taking any action within our reasonable control. We shall also not be
responsible for any loss, damages, costs or expenses which you may suffer or incur, directly or
indirectly, as a result of your inability to access Online Banking caused directly or indirectly, in
whole or in part, by your computer or mobile device, your inability to establish a connection to or to
access the Internet, or other limitations or constraints of the internet. Online Banking is not
intended for use by persons in any jurisdiction or country where such use would be contrary to
applicable laws or regulations. We may restrict Online Banking during times you are in a country
for which transactions using Online Banking would be prohibited.
18. LIMITATION OF OUR LIABILITY TO YOU: UNLESS OTHERWISE REQUIRED BY LAW, WE
WILL NOT BE LIABLE TO YOU FOR LOSSES OR DAMAGES THAT YOU INCUR FROM
USING ONLINE BANKING OR OUR SYSTEMS, INCLUDING DIRECT, INDIRECT, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES REGARDLESS OF THE
FORESEEABILITY OF THE LOSSES OR DAMAGES OR WHETHER WE WERE ADVISED OF
THE LIKELIHOOD OF LOSSES OR DAMAGES.
19. Confidentiality – Information We Collect About You: You authorize us to use information we
have about you and to share that information with our affiliates and third parties, except as
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provided by law or our Privacy Notice. For details about how we treat information we have about
you and your rights and choices, consult our Privacy Notice.
20. Governing Law; Choice of Forum: All Accounts are opened at the Utah branch of the Bank. All
actions relating to your Account including this Agreement will be governed by the laws and
regulations of the United States and state of Utah (to the extent that Utah law is not preempted by
federal law). Federal and Utah law shall be applied without giving effect to principles of conflicts of
law. During any period when you are a New York resident, as evidenced by our records, this
Agreement shall be governed by and construed in accordance with federal law and New York law,
without giving effect to the principles of conflicts of law or choice of law.
You consent to the jurisdiction of, and agree that any dispute arising under this Agreement or
relating in any way to your Account or your relationship with the Bank will be resolved by, the Third
Judicial District Court, Salt Lake City, State of Utah, or the United States District Court for the
District of Utah. If you are a New York resident, you consent to the jurisdiction of, and agree that
any dispute arising under this Agreement or relating in any way to your Account or your
relationship with the Bank will be resolved by, any federal court of the United States sitting in the
borough of Manhattan or, if that court does not have subject matter jurisdiction, in any state court
located in the city and county of New York.
21. Changes to this Agreement; Severability: You agree that we may from time to time amend all
or any part of this Agreement, including, without limitation, adding more features and functionality.
We will notify you electronically of any change to this Agreement, as required by applicable law.
Your use of Online Banking or any additional feature or functionality after the effective date of the
change shall constitute your agreement to be bound by the changed terms. You should review
this Agreement periodically. If any part of this Agreement is determined to be invalid or
unenforceable, such determination will not affect the remainder of this Agreement.
Goldman Sachs Bank USA, a wholly-owned subsidiary of The Goldman Sachs Group, Inc., is a New York State-chartered bank and
member of the Federal Reserve System and FDIC.
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