Online Banking Internet Agreement
1. THE SERVICE
In consideration of the Online Banking services (“Services”) to be
provided by Curtis State Bank (“CSB”) as described from time to time in
information distributed by CSB to its customers. In the agreement,
“Customer” refers to the person(s) subscribing to or using the Service.
The Customer Agrees as follows: You may use a Personal Computer (“PC”)
through an Internet connection to obtain account balances and
transaction information. You may also use your PC to obtain statements
on your accounts, and to transfer money between your accounts. However,
transfers from your savings and Money Market accounts are considered
electronic fund transfers, and electronic fund transfers are limited to
six (6) per monthly statement cycle by Federal Regulations. By
subscribing to the Service you agree to the terms of the Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.
2. YOUR PASSWORD
Each individual who has access to Online Banking, including each
individual named on joint accounts, must designate a password and an
access ID. Your password must be a minimum of 6 characters, which must
consist of at least one (1) letter and one (1) numeric character. The
letters are case sensitive. For example, if you enter your password as:
123abc, you cannot use 123ABC. It is recommended that you change your
password periodically to enhance security.
3. DELIVERY OF YOUR PAYMENTS AND TRANSFERS
You may schedule payments to be initiated on the current business day,
on a future date, or on the same date of each month, subject to the
restrictions in the Agreement. Although you can enter payment
information through the Service twenty-four (24) hours a day, seven (7)
days a week, payments can be initiated only on business days. Funds
will be deducted from your account on the business day on which a
payment is to be “initiated”. This date is referred to in this
Agreement as the “Transaction Date.” If you direct the initiation of a
payment to occur on a day other than a business day, it will be
initiated on the following business day. Payments and transfers must be
scheduled by the normal cut-off time of 4 p.m. (Central Standard Time)
on any business day in order for the payment to be initiated for that
business day.
4. RECURRING PAYMENTS
Recurring payments are those made for the same amount and are made on a
weekly, bi-monthly, monthly basis, etc. Once started, recurring
payments will be made automatically until you tell us to stop or cancel
the payment on-line and we have a reasonable opportunity to react.
5. OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS
If we do not complete a transfer to or from your account on time or in
the correct amount according to our agreement with you, we might be
liable for some of your losses or damages. However, there are some
exceptions. We will not be liable for instance:
a. If, through no fault of ours, you do not have enough money in your account to make the transfer;
b. If the money in your account is subject to legal process or other encumbrances restricting transfer;
c. If the transfer would go over the credit limit on your overdraft line (if any);
d. If the Automated Teller Machine or the merchant where you are making the transfer does not have enough cash;
e. If the system was not working properly when you started the transfer;
f. If circumstances beyond our control (such as fire or flood or
systems failure) prevent the transfer, despite reasonable precautions
that we have taken;
g. If the payee mishandles or delays handling payments sent by us; or
h. If you do not allow an adequate number of days between the date of the transaction and the date the payment is due.
6. CANCELING TRANSFERS
You may use your PC to cancel a transfer up to 4 p.m. (CST) on the
business day your transfer is scheduled to be initiated (“transaction
date”). There is no fee for canceling a payment Online.
7. STATEMENTS
All transfers and loan payments made with the Service will appear on
your monthly account statement. The loan number, payment amount, and
date of the payment or transfer will be shown for each payment made
through the Service during that month.
8. EQUIPMENT
You are solely responsible for the equipment (including your personal
computer and software) you use to access the Services. We are not
responsible for errors or delays or your inability to access the
Services caused by your equipment. We are not responsible for the cost
of upgrading your equipment to stay current with the Services nor are
we responsible, under any circumstances, for any damage to your
equipment or the data resident thereon.
9. BUSINESS DAYS / HOURS OF OPERATION
Our business hours are 8 a.m. to 4 p.m. (CST), Monday through Friday,
except bank holidays. Although payments and transfers can be completed
only on business days, the Service is available 24 hours a day, seven
days a week, except during maintenance periods.
10. NOTICE OF YOUR RIGHTS AND LIABILITIES
Security of your transactions is important to us. Use of the services
may therefore require a PIN or PASSWORD. If you lose or forget your PIN
or password, please call (308) 367-4155 during normal business hours
listed above. We may accept as authentic any instructions given to us
through the use of your password or PIN. You agree to keep your PIN and
password secret and to notify us immediately If your PIN or password is
lost or stolen or if you believe someone else has discovered your PIN
or password. You agree that if you give your PIN or password to someone
else, you are authorizing them to act on your behalf, and we may accept
any instructions they give us to make transfers or otherwise use the
Services. Online Banking Services enables you to change your password;
we recommend that you do so regularly. We may be liable for certain
security breaches to the extent required by applicable law and
regulation. We do not assume any other liability or otherwise guarantee
the security of information in transit to or from our facilities.
Please note that we reserve the right to (1) monitor and/or record all
communications and activity related to the Services; and (2) require
verification of all requested transfers in the manner we deem
appropriate before making the transfer (which may include written
verification by you). You agree that our records will be final and
conclusive as to all questions concerning whether or not your PIN or
password was used in connection with a particular transaction.
If
any unauthorized use of your PIN or password occurs, you agree to (1)
cooperate with us and appropriate law enforcement authorities in
identifying and prosecuting the perpetrator; and (2) provide reasonable
assistance requested by us in recovering any unauthorized transfer of
funds.
Tell us AT ONCE if you believe your PIN or
password has been lost or stolen. Telephoning is the best way of
keeping your possible losses down. You could lose all the money in your
account (plus your maximum line of credit). If you tell us within two
(2) business days, you can lose no more than $50. If you do NOT tell us
within two (2) business days after you learn of the loss or theft of
your PIN or password, and we can prove we could have stopped someone
from using your PIN or password without your permission if you had told
us, you could lose as much as $500. Also, if your statement shows
transfers that you did not make, tell us at once. If you do not tell us
within sixty (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 prevented someone from taking the money if you had told
us in time. If you believe your PIN or password has been lost or stolen
or that someone has transferred or may transfer money from your account
without your permission, call (308) 367-4155 during the normal business
hours listed above. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN
PINS OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA EMAIL.
11. ERRORS AND QUESTIONS
In cases of errors or questions about your electronic transactions, if
you think your statement or receipt is wrong, or if you need more
information about a transaction listed on the statement or receipt,
telephone us at (308) 367-4155, 8a.m. - 4 p.m. (CST), Monday through
Friday, or write us at:
Curtis State Bank
Attn: Customer Service
PO Box 45
Curtis NE 69025
We
must hear from your no later than sixty (60) days after we sent you the
FIRST statement on which the problem or error appeared. You will need
to:
• Tell us your name and account number
• Describe the error or the transaction 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 verbally, we may require you to send us your complaint or
question in writing within ten (10) business days following the date
you notified us. We will determine whether an error occurred within ten
(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 forty-five
days to investigate your complaint or question. If we decide to do
this, we will credit your account within ten (10) business days for the
amount you think is in error, so that you will have 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.
We
will tell you the results within three (3) business days after we
finish our investigation. If we determine there was no error, we will
reverse the previously credited amount, if any, and we will send you a
written explanation. You may ask for copies of the documents we used in
our investigation.
12. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
We may disclose information to third parties about your account or the transactions you make:
• Where it is necessary for resolving errors involving the Services;
• In order to comply with government agency rules, court orders, or other applicable law;
• To our employees, service providers, auditors, collection agents,
affiliated companies, or attorneys in the course of their duties and to
the extent allowed by law;
• Or if you give us permission.
13. AUTHORIZATION TO OBTAIN INFORMATION
You agree that we may obtain and review your credit report from a credit bureau or similar entity.
14. TERMINATION
If you want to terminate your access to the Services, call us at (308)
367-4155. RECURRING TRANSFERS WILL NOT NECESSARILY BE DISCONTINUED
BECAUSE YOU TERMINATE ACCESS TO THE SERVICES. IF YOU WANT TO MAKE SURE
THAT RECURRING TRANSFERS BETWEEN ACCOUNTS ARE STOPPED, YOU MUST FOLLOW
THE PROCEDURES IN THE CANCELING TRANSFERS PARAGRAPH ABOVE.
We reserve the right to terminate the Services, in whole or in part, at
anytime with or without cause and without prior written notice. In that
event, or in the event that you give us a termination notice, we may
(but are not obligated to) immediately discontinue making previously
authorized transfers, including recurring transfers and other transfers
that were previously authorized but not yet made. We also reserve the
right to temporarily suspend the Services in situations deemed
appropriate by us, in our sole and absolute discretion, including when
we believe a breach of system security has occurred or is being
attempted. We may consider repeated incorrect attempts to enter your
PIN or password as an indication of an attempted security breach.
Termination of the Services does not affect your obligations under this
Agreement with respect to occurrences before termination.
15. LIMITATION OF LIABILITY
Except as otherwise provided in this agreement or by law, we are not
responsible for any loss, injury, or damage, whether direct, indirect,
special or consequential, caused by the Service or the use thereof or
arising in any way out of the installation, operation, or maintenance
of your PC equipment.
16. WAIVERS
No waiver of the terms of this agreement will be effective, unless it
is in writing and signed by an authorized officer of Curtis State Bank.
17. ASSIGNMENT
You may not transfer or assign your rights or duties under this agreement.
18. GOVERNING LAW
The laws of the State of Nebraska shall govern this agreement and all
transactions hereunder. Customer acknowledges that he/she has reviewed
this Customer Agreement, understands the terms and conditions set forth
herein, and agrees to be bound hereby.
19. AMENDMENTS
We can change a term or condition of the agreement by mailing or
delivering to you a written notice at least thirty (30) days before the
effective date of any such change. We do not need to provide you with
any prior notice where an immediate change in the terms or conditions
of this agreement is necessary to maintain or restore the security of
our system or an account. However, even in these cases, if the change
is to be permanent, we will provide you with a notice of the change
with the next regularly scheduled periodic statement we send you, or
within thirty (30) days, unless disclosure would jeopardize the
security of our system or an account. Notices mailed or delivered to
you under this paragraph will be considered effective if mailed to the
most recent address we show for you in either our Checking or Savings
Account records, or e-mail address in which you agreed to receive such
notices and/or disclosures.
20. INDEMNIFICATION
Customer, in consideration of being allowed access to the Services,
agrees to indemnify and hold Curtis State Bank harmless for any losses
or damages to Curtis State Bank resulting from the use of the Services,
to the extent allowed by applicable law.
21. SECURITY PROCEDURES
By accessing the Services, you hereby acknowledge that you will be
entering a protected web site owned by Curtis State Bank, which may be
used only for authorized purposes. Curtis State Bank may monitor and
audit usage of the Service, and all persons are hereby notified that
use of the Services constitutes consent to such monitoring and
auditing. Unauthorized attempts to up-load information and/or change
information on these web sites are strictly prohibited and are subject
to prosecution under the Computer Fraud and Abuse Act of 1986.
22. FEE SCHEDULE
Online Banking Service Fee: The basic Online Banking service is FREE.
Cancelled Check Copy Fee: $5.00 per item
Research Fee: $25.00 per hour (minimum of one hour)