Internet Banking Agreement
and Disclosure

This Internet Banking Agreement (“Agreement”) applies to your access to and use of the Franklin Savings Bank FranklineBranch web site (site) and, if applicable, your use of Franklin Bill Pay.  Please read this Agreement carefully and retain a copy for your records.

ACCESS

By accessing any page of our site, you agree to be bound by the terms and conditions contained in this Agreement.

DEFINITIONS

“Bank,” “we,” “our,” “us” and similar terms mean Franklin Savings Bank.  “Business day” means Monday through Friday, excluding state and/or federal holidays.

ELECTRONIC FORMAT

This Agreement is provided in electronic form.  By accessing our site, you agree to accept the Agreement in electronic form.

FEES

The use of Franklin eBranch is free for all Franklin Savings Bank customers.

Franklin Bill Pay is free when bills are being paid from a personal account. Bills paid from business and organizational accounts will be subject to a $5.00 monthly fee, which the Bank may change in its sole discretion. Item charges will also apply to accounts for businesses and organizations.

System Requirements
You may use any personal computer ("PC") or other access device equipped with qualified browser software that provides Internet access to the World Wide Web and supports 128-bit encryption. Franklin eBranch will work best if your PC meets or exceeds the following requirements:

Supported Browser List (as of 5-10-2012)

Your browser is an important part of the overall security measures designed to protect your Internet banking transactions. Please consult the information below to make sure you are using supported browser/system requirements.

  • Screen Resolution set to 800 X 600 or higher
  • Cookies enabled. (First and 3rd Party) for specific domain bankbyweb.net
  • JavaScript enabled.
  • Active X enabled.

Please click on any of the following links to download the latest version of supported browsers. Prior to download please review each browser's system requirements.

Minimum Operating System / Browser Requirements with the most recent browser download links.

Encryption

Access

Windows XP, Vista, 7 (32 and 64 bit)
Internet Explorer 9
Opera 11
Firefox 10
Google Chrome 13
Apple Safari 5

128 bit

Yes

Macintosh OSX
Opera 11
Firefox 10
Apple Safari 5

128 bit

Yes

By using our site, you expressly agree that you are solely responsible for the risk of error, failure, or non-performance of the device and/or software you use to access our site and that you will hold us harmless from any and all liability resulting from any errors, failures and/or malfunctions of the device and/or software you use to access our site.

License Agreement
We grant to you a non-transferable, non-exclusive, and non-sublicensable license to use Franklin eBranch for its intended purpose, including accessing and using our financial services for your personal use or internal business purposes. You may not modify, translate, or reverse engineer the software related to Franklin eBranch, send a copy of any portion of the software related to Franklin eBranch to any third party, or use the software related to Franklin eBranch in violation of the laws of any jurisdiction. You may not delete or remove copyright notices or other legal notices from the software related to Franklin eBranch.

This license will remain in effect until terminated. We may terminate this license at any time for any reason, including, without limitation, when you cease to be a subscriber to Franklin eBranch, or if you fail to comply with any term or condition of this Agreement.

The supplier retains ownership and intellectual property rights in the software related to Franklin eBranch. The software related to Franklin eBranch is protected by copyright and other intellectual property laws and international treaties. Title and related rights in the content accessed through the software related to Franklin eBranch is the property of the applicable content owner and is protected by applicable law.

Liability Disclaimer
The Bank will not be liable to you or any third party for any loss or property damage, any indirect, special, incidental, consequential or punitive damages, or any lost profits, arising from your use of our site, any interruption or termination in the availability of our site, any delay or termination in operation or transmission with respect to our site, any temporary or permanent loss of data, or any other event arising from your access to and/or use of our site.  Franklin Savings Bank is not responsible if you download a file from our site that contains a virus.

Funds Transfers
You may make payments through Franklin eBranch to your Franklin Savings Bank accounts. You also can use Franklin eBranch to make funds transfers between different eligible Franklin Savings Bank accounts. An eligible Franklin Savings Bank account is one linked to Franklin eBranch that doesn't have withdrawal restrictions or require direct Bank update.  We reserve the right to revise eligibility standards from time to time in our sole and exclusive discretion.

Bill Pay

You may pay your bills online using Franklin Bill Pay, which allows you to:

  • make payments to merchants from your checking/NOW account

  • schedule automatic payments to merchants from your checking/NOW account to be made at periodic intervals

  • review and update scheduled payments

  • review bill payment history

Please note that specific terms applicable to your use of Franklin Bill Pay are set forth later in this Agreement.

Limits on Transfers
There are limits imposed by law on the number of transactions you can make from certain accounts. Transfers from a savings or Money Market account to another account or to third parties by pre-authorized, automatic or telephone transfer, check, debit card or similar order to third partiesĀ are limited to six per statement cycle . There are no limits on the dollar amounts of transfers made so long as there are funds available in your account to make them.

Please note: Transactions made after 6 p.m. on a business day and/or a day that is not a business day will normally not be reflected in the account balances until the next business day.

In addition to the foregoing, Franklin Savings Bank will not be obligated to honor, in whole or in part, any transaction or instruction which:

  • Is not in accordance with any term or condition applicable to your accounts;

  • We have reason to believe may not be authorized by you;

  • Involves funds subject to a hold, dispute, restriction or legal process we believe prevents withdrawal; and/or

  • We otherwise have reasonable cause not to honor for our or your protection.

Third Party "Linked" Web sites Disclaimer
For your convenience Franklin Savings Bank provides links to third party web sites. Your access to any of these sites is at your own risk.  We will not be liable for any errors, omissions, loss of data, materials or functions by third party sites linked to or from our site and operated by other persons and/or entities. Franklin Savings Bank does not endorse any third party sites even if a link is established between our site and the other web site.

Communication With Us and Electronic Mail (E-mail)
You may contact us 24 hours a day, 7 days a week via e-mail. Responses to email inquiries will normally be transmitted during our regular banking business hours.

You may contact us directly via an email form on the Franklin Savings Bank webpage. Please be aware that Internet email is not considered secure. Therefore, you should not communicate confidential information, such as your account numbers or passwords, in an email message. Instead, contact us directly by telephone or letter.

CONSUMER LIABILITY – UNAUTHORIZED TRANSFERS

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 all of the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days after you learn of the loss or theft of your card or code, you can lose no more than $50 if someone used your card or code without your permission.

If you do NOT tell us within two 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 can 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 had you told us in time.

If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.

If you believe your card and/or code has been lost or stolen, that someone has transferred or may transfer money from your account without your permission, or a transfer has been made using the information from your check without your permission, call us at (800) 287-0752 or write us at:

            Franklin Savings Bank
            Attn: Customer Service Dept.
            PO Box 825 , 197 Main St .
            Farmington , ME 04938-0825

Business Days: Monday through Friday, excluding state and/or federal holidays. Saturday transactions are posted the next business day.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

We will disclose information to third parties about your account or the transfers you make:

  • Where it is necessary for completing transfers

  • In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant

  • In order to comply with government agency or court orders; and/or

  • If you give us written permission.

ERROR RESOLUTION

In case of errors or questions about your electronic transfers, call us at (800) 287-0752 or write us at: Franklin Savings Bank, PO Box 825 , Farmington ME 04938 . Do this as soon as possible if you believe 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.

Tell us your name and account number (if any).

Describe the error on 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.

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 after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 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 three 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.

OVERDRAFTS

If any withdrawal(s) create a negative balance in your account(s), you shall repay to us the amount of such overdraft, including customary and usual overdraft charges, in the same manner as any other overdraft on such an account.

CANCELLATION

Your Franklin eBranch and Franklin Bill Pay Access ID and Password remain our property and immediate surrender may be required by us at any time. We may cancel the Access ID and Password at any time without notice or cause. Any cancellation or termination shall not affect any of your existing liability to us.

AGREEMENT NOTIFICATION

This Agreement may be amended by us without prior notice to you when such a change is immediately necessary to maintain or restore the security of the networks or a customer’s account. In instances where amendment to this Agreement is not immediately necessary, we will endeavor to notify you in writing at least thirty (30) days prior to the effective date of any change in any term or condition of this Agreement or your account if such change would result in greater cost or liability to you, provided that notification within a lesser period will not in any way affect the validity or enforceability of the applicable amendment.

TERMINATION

Any termination of this Agreement will not in any way affect any of your obligations to us accruing prior to the time of such termination.

Specific Terms Relating To Franklin Bill Pay

In addition to the general terms and conditions specified in this Agreement, the following specific terms and conditions apply to your use of the Franklin Bill Pay service.

USE OF FRANKLIN BILL PAY
Use of the bill payment service, Franklin Bill Pay, constitutes your acceptance of all of the terms and conditions set forth in this Agreement, as may be amended from time to time.


1. Description of Service. The term "Bill Payment Terms" means these Bill Payment Service Additional Terms. The bill payment service (for purposes of these Bill Payment Terms, and the General Terms as they apply to these Bill Payment Terms, the "Service") enables you to receive, view, and pay bills from the Site.

2. Payment Scheduling. The earliest possible Scheduled Payment Date for each Biller will be designated within the portion of the Site through which the Service is offered when you are scheduling the payment. Therefore, the Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. Depending on the method of payment, your Eligible Transaction Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft, the draft arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft, your Eligible Transaction Account may be debited earlier than the Scheduled Payment Date.

3. The Service Guarantee. Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the Section 2 of the Bill Payment Terms (Payment Scheduling).

4. Payment Authorization and Payment Remittance. By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the Site. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.
When the Service receives a Payment Instruction, you authorize the Service to debit your Eligible Transaction Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Eligible Transaction Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.
The Service will attempt to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee (as described in Section 3 of the Bill Payment Terms) 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:

If, through no fault of the Service, your Eligible Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;

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;

You have not provided the Service with the correct Eligible Transaction Account information, or the correct name, address, phone number, or account information for the Biller; and/or,

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 Eligible Transaction Account or causes funds from your Eligible Transaction Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Eligible Transaction Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

5. Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the portion of the Site through which the Service is offered. 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.

6. 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 customer care for the Service in the manner set forth in Section 22 of the General Terms above. Although the Service will attempt 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 applicable fee schedule.

7. Exception Payments Requests. Exception Payments may be scheduled through the Service; however Exception Payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of Exception Payments. The Service Guarantee (as described in Section 3 of the Bill Payment Terms) as it applies to any late payment related charges is void when Exception Payments are scheduled and/or processed by the Service. 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.

8. Bill Delivery and Presentment. The Service includes a feature that electronically presents you with electronic bills from select Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

Presentation of electronic bills. You will receive electronic bills from a Biller only if both: (a) you have designated it in the Service as one of your Billers, and (b) the Biller has arranged with our Service Provider to deliver electronic bills. The Service may then present you with electronic bills from that Biller if either: (1) you affirmatively elect online within the Service to receive electronic bills from the Biller, or (2) the Biller chooses to send you electronic bills on a temporary “trial basis.” In either case, you can elect online within the Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Service does not include an option to prevent ever participating in the automatic trial electronic bill feature. When affirmatively electing to receive electronic bills from a particular Biller, you may be presented with terms from that Biller for your acceptance. We are not a party to such terms.

Paper Copies of electronic bills. If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. Check with the individual Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis.

Sharing Information with Billers. You authorize us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as your Billers and which we have identified as offering electronic bills for purposes of matching your identity on the Service’s records and the Biller’s records to (a) activate your affirmative request for electronic bills, and/or (b) confirm your eligibility for “trial basis” electronic bills.

Information held by the Biller. We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses that are held by the Biller. Any changes will require you to contact the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. We may, at the request of the Biller, provide to the Biller your email address, service address, or other data specifically requested by the Biller for purposes of the Biller matching your identity against its records or informing you about the Biller’s services and/or bill information.

Activation. We will notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

Authorization to obtain bill data. You authorize us to obtain bill data from your Billers that you have requested to send you electronic bills, and from your Billers that wish to send you trial electronic bills. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification. We will attempt to present all of your electronic bills promptly. In addition to notification within the Service, we may send an e-mail notification to the e-mail 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 Biller to Biller. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification. The electronic Biller 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 Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. We will notify your electronic Biller(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. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s). You agree to hold us harmless should the Biller 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 Biller directly.

Accuracy and dispute of electronic bill. We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be directly addressed and resolved with the Biller by you.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

9. 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 in the following situations pursuant to our Privacy Policy (as further described in Section 10 (Your Privacy) of the General Terms), in addition to the circumstances set forth in Section 20 of the General Terms (Information Authorization):

  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 Biller;

  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.

10 Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. Use-based fees for the Service will be charged against the Billing Account. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 18 of the General Terms (Failed Or Returned Payment Instructions) applies if you do not pay our fees and charges for the Service, including without limitation if we debit the Billing Account for such fees, as described in this Section, and there are insufficient fees in the Billing Account.

11. Biller Limitation. The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment as set forth in Section 13 of the General Terms (Prohibited Payments) or an Exception Payment under this Agreement.

12. Returned Payments. In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your Eligible Transaction Account. You may receive notification from the Service.

13. Information Authorization. In addition to Section 20 of the General Terms (Information Authorization), you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

14. Definitions.
"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

  • "Billing Account" is the checking account from which all Service fees will be automatically debited.
  • "Due Date" is the date reflected on your Biller statement for which the payment is due, not the late payment date or the date beginning or a date during any grace period.
  • "Eligible Transaction Account" is as defined in Section 36 of the General Terms, except that it shall be limited to an account that you hold with us, and from which bill payments will be debited.
  • "Exception Payments" means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).
  • "Payment Instruction" is as defined in Section 36 of the General Terms, and is further defined as the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
  • "Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
  • "Scheduled Payment Date" is the day you want your Biller to receive your bill payment, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

INACTIVITY

If you do not access or use the bill payment service for a period of more than ninety (90) days, we may in our sole discretion terminate your access to and use of the bill payment service without notice to you.

TERMINATION

We reserve the right to terminate your use of bill payment at any time without prior notice to you and without liability to us. 

If, for any reason, you should want to terminate your use of our bill payment service, we recommend that you cancel all future bill payments and transfers at the same time you terminate the service, either by deleting the payments yourself or by contacting the bank as stipulated below.  We will delete all outstanding payments (both one-time and recurring), as part of your service termination.

We are not responsible for any fixed payment made before we have a reasonable opportunity to act on your termination notice. You remain obligated for any and all payments made by us on your behalf through the bill payment service.

Should you opt to discontinue any of the accounts or services to which this Agreement pertains, written notice must be provided to us immediately at the following address or presented to any branch office during regular business hours:

  • Franklin Savings Bank
    PO Box 825
    Farmington, ME 04938-0825

AGREEMENT ASSIGNMENT AND AMENDMENT

We may assign this Agreement to any affiliate, parent or other company.  We may also assign or delegate certain of our rights and responsibilities under this Agreement to such third parties as we may elect upon notice to you, whereupon you agree to unconditionally release us from any and all further liability or responsibility under this Agreement.

We reserve the right to amend or cancel any of the provisions of this Agreement, including changes to any fees, costs, or assessments.  We may amend or cancel any provision or charge by disclosing the change electronically, and, at our option, by sending you notification in addition thereto.  You may choose to decline amendments, cancellations or changes to this Agreement by discontinuing the accounts or services to which these changes relate.  Your failure to decline any amendment, cancellation or change to this Agreement in accordance with this section will be deemed to constitute your acceptance of such amendment, cancellation or change.  We reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.