The first time you access your accounts through Internet Banking, you agree to be bound by the terms and conditions of this Internet Banking Agreement (“Agreement”) and acknowledge its receipt and your understanding of its terms.
Introduction.
This Agreement explains the terms and conditions for accessing accounts and conducting transactions at Community State Bank, 1812 Highway Boulevard, Spencer, IA 51301 via our on-line Internet Banking site(s). (“Internet Banking”). As used in this Agreement, the terms “institution”, “we”, “us”, “bank”, and “our” refer to Community State Bank. As used in this Agreement, the terms “you” and “your” refer to each person signing or to each corporation, partnership, Limited Company (LC), Limited Liability Company (LLC), Limited Liability Partnership (LLP), Limited Partnership (LP), organization, entity of any kind or nature signing an Internet Banking Agreement or Application.
Benefits of Internet Banking
Through Internet Banking, you can manage eligible accounts from your home or business on a personal computer. Internet Banking can be used to conduct any of the following “On-line Financial Services”: Obtain balances and transaction histories on all eligible accounts enrolled in Internet Banking (All account balances and transaction histories reflect activity through the close of the previous banking day); Transfer money between eligible accounts (The number of transfers you can make from account is limited as described in the applicable account agreement. In addition, if a hold is placed on any funds deposited in an eligible account, you may not transfer the portion of funds being held until that hold expires); transfer money to pay institution for overdraft protection, consumer loans, home equity loans, or certain other eligible loans; and pay bills to any merchant, financial institution or an individual with a U.S. address. Institution may, from time to time, introduce new On-line Financial Services. By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.
Security & Protecting Your Account
We are strongly committed to protecting the security and confidentiality of our customer accounts information. We use several techniques to help secure our Internet Banking service, including the following:
- You can only access Institution with certain browsers that have a high security standard.
- You must have a valid Internet Banking ID and password to logon.
- If no action is taken for 15 minutes, you will be automatically logged off the Internet Banking service.
Requirements
To access Internet Banking and On-line Financial Services you must have your cookies enabled, use 128-bit data encryption, and have Netscape 4.0 or Internet Explorer 4.0 or higher compatible web browser. To obtain free updates for this software, go to the following web sites to download to your computer:
- www.microsoft.com/windows/ie/downloads
- http://browser.netscape.com/ns8/download/default.jsp
In addition to a compatible software, you must have an Internet Banking ID, a password and maintain one or more of the following eligible accounts at Bank:
- Basic Checking
- Economy Checking
- Senior Checking
- Business Checking
- Savings
- Student Checking
- Bank Club Checking
- Interest Checking
- Business Interest Checking
- Money Market
- Organizational Checking
For specific terms relating to Money Market and Savings Accounts, see below. Any account that requires two or more signatures to make withdrawals, transfers or other transactions is not eligible for Internet Banking or On-line Financial Services.
Money Market and Savings Accounts
If you use Internet Banking in connection with a Money Market account, please read the information below. You should also refer to your Deposit Account Terms & Conditions or call your local office for further information. While you can access your Money Market and Savings accounts using Internet Banking, there are some differences between these and a demand deposit account. Federal regulations restrict the number of preauthorized, automatic, electronic or telephone transfer of funds from these accounts to a maximum of six (6) per statement cycle for Money Market accounts and six (6) per month for Savings accounts. Customers who violate this limit are subject to appropriate actions as defined by federal regulations. You cannot pay bills from Bank’s bill pay provider directly from your Money Market or Savings Account.
Your Responsibility
You agree as follows:
- Not to give out your identifying information such as your PC Password to any other person. The Bank may rely on your Access ID to identify you when providing banking services to you.
- Never to leave your account information displayed in an area accessible by others.
- Never to leave your PC unattended while using.
- To always exit the system by clicking on EXIT after using Internet Banking.
- To notify Community State Bank at 712-262-3030 immediately if you suspect that your Access ID or Password has become known to any unauthorized person.
Business Accounts
Additional Provisions Applicable Only to business, corporation, partnership, LC, LLC, LLP, LP or organization accounts (any account that is not owned individually by a person or persons. When using Community State Bank in connection with these accounts, the information in this Section applies to you:
a. Enrollment Form and Certification of Authority. Before using the Service, you must execute and deliver to us an Access Identifier Enrollment Form, which includes a Certification of Authority. This enrollment form is incorporated by reference as part of this Agreement. Transfers are restricted to accounts with the same primary name title on the account. You certify who is authorized to use Internet Banking and On-Line Financial Services, and it is your responsibility to insure only those authorized persons are given the access ID.
b. Protecting Your Access ID and Password. You agree that we may send confidential mailings, including Access ID and Password confirmations, to the current address shown in our records for your primary checking account, whether or not that address includes a designation for delivery to the attention of any particular individual; and you further agree that Community State Bank will not be responsible or liable to you in any way in the event that such properly addressed information is intercepted by an unauthorized person, either in transit or at your place of business.
You agree to:
- keep your Access ID and Password secure and strictly confidential, providing them only to authorized signers on your account(s) or other trusted employees, agents, etc. who you want to act as your representative to access your account(s);
- instruct each person to whom you give your Access ID and Password that he or she is not to disclose them to any unauthorized person; and
- immediately notify us and select a new Access ID and Password if you believe your confidential codes may have become known to an unauthorized person
- to change your Password at least every thirty (30) days to reduce the risk of misappropriation by a third party.
The Bank shall have no liability to you for any unauthorized payment or transfer made using your Access ID and Password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your Access ID and password, even without receiving such notice from you, if we suspect they are being used in an unauthorized or fraudulent manner.
c. Your Obligation to Examine Records And Report Discrepancies. The Bank provides no separate written confirmation of individual payments or transfers. Confirmation is provided through on-line information available from the Service and through your periodic mailed account statements. You agree to examine your statement promptly and to notify us immediately of any discrepancy between the statement and your other account records. You also agree to notify us immediately of any discrepancy you may find in reviewing on-line information. In no event shall the Bank be liable for interest compensation as described below, unless we are notified of a discrepancy within 30 days from the date of your first statement reflecting the discrepancy.
d. Acknowledgement of Commercially Reasonable Security Procedures. By using the Service, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions which are commercially reasonable. You agree to be bound by any instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we have had a reasonable opportunity to act on such notice).
e. Limitation of Bank’s Liability. If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event shall we be liable to both parties, and our payment to either shall fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law our liability shall be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days’ interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year. Unless otherwise required by law, in no event will the Bank be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorneys’ fees, even if we are advised in advance of the possibility of such damages. Bank liability for unauthorized use is further limited by other sections of this agreement. These accounts must comply with all other terms of this agreement that apply to individual accounts.
Miscellaneous Provisions
Related Agreements Your Bank accounts accessed by Community State Bank Internet Banking continue to be governed by the following Bank agreements and documents, as they are amended from time to time: (1) Deposit Agreement and Disclosures, (2) the applicable Personal or Business Schedule of Fees, (3) the applicable Miscellaneous Fees for Personal or Business Accounts, and, for Money Market Accounts, your Money Market Account Customer Agreement. If you have overdraft protection or credit card accounts that are accessed by the Service, they continue to be governed by the applicable agreements. If any inconsistency exists between such other documentation and this Agreement, then this Agreement shall control to the extent of the inconsistency.
On-line PIN
Your PIN will give you access to Bank accounts via Internet Banking. Institution is entitled to act on any instructions it receives using your PIN. For security purposes, it is recommended that you memorize your PIN and do not write it down. We also recommend that you change your PIN regularly to reduce the risk of misappropriation by a third party. Your PIN can be changed at our Internet Banking site. You are responsible for keeping your PIN and account data confidential. When you give someone your PIN, you are authorizing that person to use Internet Banking and the On-line Financial Services. You are responsible for all transactions performed using your PIN, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your PIN will be charged against your account(s).
Accessibility
You can usually access Community State Bank Internet Banking (7) days a week, twenty-four (24) hours a day. However, at certain times, some or all of Internet Banking or On-line Financial Services may not be available due to system maintenance or reasons beyond Institution’s control. Institution does not warrant that Internet Banking or On-line Financial Services will be available at all times. When unavailable, you may use Telebank, (our telephone banking system), an automated teller machine (“ATM”) or one of our four branch offices to conduct your transactions. An On-line Financial Services transaction initiated prior to 2:00 PM (Central Time) on a banking day is posted to your account the same day. All transfers completed after 2:00 PM (Central Time), or on a non-banking day, may be posted the following banking day.
Restrictions
You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the Internet Banking or On-line Financial Services. You may not gain, or attempt to gain, access to any Internet Banking and/or On-line Financial Service server, network or data not specifically permitted to you by Institution or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with Institution or its suppliers.
Bill Payment Service
The Bill Payment service allows you to schedule bill payments through Internet Banking. Bank does not provide the service directly. Instead, Bank entered into an agreement with a bill payment provider to provide the bill payment services directly to you. Subject to any regulatory or Bank-imposed limitations on usage, you can arrange, at your option, for the payment of your current, future and recurring bills from a checking account. There is no limit to the number of payments that may be authorized and you may pay any merchant or individual approved by the bill payment provider, however, the amount of any individual payment may not exceed $999,999.99. While payments are initiated by you electronically, they are ultimately paid via an automated clearinghouse (ACH) network or by a paper check. Payments delivered over an ACH network are governed by the rules and performance standards of that network.
By furnishing the names of your payees/merchants and their addresses, you authorize Bank and its bill payment provider to follow the payment instructions you provide for those payees/merchants. When payment instructions are received, funds will be remitted from the selected account, to the appropriate payee on your behalf on the day that you request (“Payment Date”). However, there is no obligation to make requested payments unless your account and/or overdraft protection plan has sufficient funds or credit availability to pay the bill as of the Payment Date. Funds for bill payments will be withdrawn from your account on the applicable Payment Date. A bill payment account (“Bill Payment Account”), separate from any account you hold at Institution, is established at the Bill Payment provider.
Bank and its Bill Payment provider reserve the right, at their discretion, to implement security features to reduce risk of loss. These may include requiring pre-authorized drafts, verifying funds through an ATM network, and separating debits from credits so that payments are not sent until after good funds are received. Bank and its Bill Payment provider also reserve the right to terminate your use of Bill Payment services at any time.
If, for any reason, you should ever wish to cancel Internet Banking, we strongly suggest that you cancel all future bill payments at the same time. This will ensure that future payments and transfers made by you will not be duplicated. We will automatically delete any outstanding payment orders (all individual payments and all recurring payments) once we have been notified that your Bill Payment service has been terminated. We will continue to maintain your accounts until you notify us otherwise.
Responsibility
Neither Bank nor its suppliers will be liable for any transaction if: (i) you do not have enough money in your account to complete the transaction; (ii) a legal order prohibits withdrawals from your account; (iii) your account is closed or has been frozen; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with Internet
Banking or On-line Financial Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide us with complete and correct payment or transfer information; (viii) you did not properly follow the instructions for use of Internet Banking or On-line Financial Services; (ix) you knew that Internet Banking and/or the On-line Financial Services were not operating properly at the time you initiated the transaction or payment; (xi) there is postal delay, or (xii) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.
Fees and Charges
You must promptly pay the following fees and charges for use of Internet Banking or On-line Financial Services described in this Agreement:
Monthly fee of $-0- plus tax for Internet Banking Service.
Monthly fee for bill payment service of $4.95 plus tax.
The monthly fee covers service for the prior month and is effective upon your enrollment in the service. The monthly fee will be charged to your payment account at Institution regardless of whether or not bill payments are made during the applicable month. Unless otherwise specifically indicated, all fees shall be deducted automatically on a monthly basis from the checking account used for bill payment services at Institution. In the event your account has insufficient funds to cover any fees, Institution may deduct the fees from any other account you have at Institution in any order it chooses. If you close the account, you must notify the Bank and identify an account for the selected Internet Banking Services. Additionally, if you close all Institution accounts, you must notify Institution and cease all use of the Community State Bank Internet Banking. If fees cannot be collected from any of your accounts, Institution may cancel all or some of your Internet Banking Services. After cancellation, Institution may reinstate some or all of the Internet Banking Services, at its discretion, if you deposit sufficient funds in your account(s) to cover any accrued fees and pending transfers or debits. You are solely responsible for any Internet service provider charges incurred when using Internet Banking. The fees are subject to change upon thirty (30) days written or electronic notice.
Unauthorized Transactions
You should notify us immediately if you believe anyone has improperly obtained your PIN or if you suspect any fraudulent activity in your account(s). If your PIN has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. If you do not tell us within the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us, or the bill payment provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared (If you notify us verbally, we require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays.
When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, after we hear from you. However, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If we confirm an error, we will correct your account record within ten (10) business days, or twenty (20) business days in the case of point of sale or international transaction. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation.
Electronic Mail (E-mail)
Sending E-mail is a very good way to communicate with the Bank, regarding your accounts or the Internet Banking Services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail to Institution. You cannot use e-mail to initiate Internet Banking transactions. All such transactions must be initiated using the appropriate functions within the Internet Banking site. Institution will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
Disclosure of Information
Information submitted to Institution or its suppliers is the property of those parties, and they are free to use and disclose that information, or any ideas, concepts, know-how or techniques contained in that information to any third party for any purpose whatsoever, except as specifically agreed by Institution or prohibited by law.
Link to other Sites
Information that Institution publishes on the World Wide Web may contain links to other sites and third parties may establish links to Institution’s site. Institution makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, Institution does not endorse the products or services offered by any company or person linked to this site nor is Institution responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.
Virus Protection
Institution is not responsible for any electronic virus that you may encounter using the Internet Banking Services. We encourage you to routinely scan your computer and diskettes using reliable virus protection product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.
Damages and Warranties
In addition to the terms previously disclosed, Institution is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential (collectively, “Losses”) caused by Internet Banking or the use of any other On-line Financial Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Institution or one of its suppliers. In addition, Institution disclaims any responsibility for any electronic virus(es). Customer may encounter after installation of such software or use of any Internet Banking or other On-line Financial Services. Without limiting the foregoing, neither Institution nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Bank and its suppliers provide Internet Banking and other On-line Financial Services from their own sites and they make no representation or warranty that any information, material, or functions included in any Internet Banking or other On-line Financial Services are appropriate for use by you in your jurisdiction. If you choose to use any Internet Banking and/or other On-line Financial Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Bank nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of any Internet Banking, other On-line Financial Services, or contained in any third party sites linked to or from Institution’s web site.
BANK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF INTERNET BANKING, OTHER ON-LINE FINANCIAL SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. INSTITUTION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
Indemnification
Customer shall indemnify, defend and hold harmless Institution and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer’s negligence; (ii) Customer’s failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this Agreement.
Additional Remedies
Due to the likelihood of irreparable injury, Institution shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.
Termination and Changes in Terms
Institution reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the address shown in our records; and/or 3) update of our web site.
Applicable Rules, Laws, and Regulations
You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Iowa, U.S.A. as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Clay County, Iowa, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses.
Assignment
Institution may assign its rights and/or delegates all or a portion of its duties under this Agreement to a third party.
Integration
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Institution.
Severability
If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Institution, this Agreement will control.
Waiver
Institution shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Institution of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
Force Majeure
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, acts of terrorism, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.
Construction
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.
Your registration for Internet banking confirms your agreement to be bound by all the terms and conditions of this Agreement and your acknowledgement that you received and understand the terms of this Agreement.
