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This agreement is a contract which establishes the rules covering
electronic access to your accounts at Lyon County State Bank (“Bank”)
through Online Banking. By using Online Banking, you accept all the
terms and conditions of this Agreement.
Please read it carefully.
Agreement
The terms and conditions of the deposit agreements and disclosures
for each of your BANK accounts as well as your other agreements
with the BANK such as loans continue to apply notwithstanding anything
to the contrary in this Agreement.
This Agreement is also subject
to applicable federal laws and the laws of the State of Kansas
(except to the extent this Agreement
can and does vary such rules or laws). If any provision of this
Agreement is found to be unenforceable according to its terms,
all remaining provisions will continue in full force and effect.
The headings in this Agreement are for convenience or reference
only and will not govern the interpretation of the provisions.
Any waiver (express or implied) by either party of any default
or breach of this Agreement must be in writing and shall not constitute
a waiver of any other or subsequent default or breach. You may
not assign this Agreement. This Agreement is binding upon your
heirs and BANK’s successors and assigns. Certain obligations
of the parties pursuant to this Agreement shall survive termination,
cancellation or expiration of this Agreement. This Agreement together
with the application constitutes the entire agreement between
you and BANK with respect to the subject matter hereof and there
are no understandings relative hereto which are not fully expressed
herein.
Definitions
As used in this Agreement, the words “we”, “us” and “our” refer to Lyon County State Bank. “You” and “your” refer
to the accountholder authorized by BANK to use Online Banking under
this Agreement or anyone authorized by that accountholder to exercise
control over the accountholder’s funds through Online Banking. “Account” or “Accounts” means
your accounts at BANK. “Electronic funds transfers” means
ATM withdrawals, preauthorized transactions, point of sale transactions,
transfers to and from your BANK accounts using Online Banking. “Online
Banking Services” means the services provided pursuant to
this Agreement. “Business days” means Monday through
Friday. Holidays are not included. “PIN” means Personal Identification
Number.
Access
To use Online Banking, you must have at least one account
at BANK, access to Internet service and the appropriate hardware/software
systems. Once we have received your signed Enrollment Form and
verified your account information, we will send you, by postal
mail, your assigned log-in ID. We will subsequently send you,
by postal mail, a temporary PIN the next business day after receipt
of your application. Online Banking can be used to access only
BANK accounts, which you have
designated for access. You can add or delete any of your BANK accounts
from this Agreement by contacting Lyon County State Bank. Access
to your accounts through Online Banking will be based upon the
identification of users and authority levels specified by you in
your application. We undertake no obligation to monitor transactions
through Online Banking to determine that they are made on behalf
of the accountholder.
Online Banking Services
You can use online banking to check the balance of your BANK accounts,
view BANK account histories, transfer funds between your BANK checking
and savings accounts, make loan payments, and make stop payment
requests.
Hours of Access
You can use Online Banking 7 days a week, 24 hours a day, although
some or all Online Banking services may not be available occasionally
due to emergency or scheduled system maintenance.
Your PIN
For security purposes, you are required to change your PIN
upon your initial login to Online Banking. You determine what PIN
you will use and the identity of your PIN is not communicated
to us. You agree that we are authorized to act on instructions
received under your PIN. You accept responsibility for the
confidentiality and security of your PIN and agree to change
your PIN regularly. Upon three unsuccessful attempts to use
your PIN, your access to Online Banking will be revoked. To
re-establish your authorization to use Online Banking, you must
contact us to have your PIN reset.
We recommend that you create
a PIN that utilizes both upper and lower case alpha and numeric
characters for purposes of security.
Your PIN should not be associated with any commonly known
personal identification, such as social security numbers, address,
date of birth, names of children, and should be memorized rather
than written down.
Security
You understand the importance of your role in preventing misuse
of your accounts through Online Banking and you agree to promptly
examine your paper statement for each of your BANK accounts as
soon as you receive it. You agree to protect the confidentiality
of your account and account number, and your personal identification
information, such as your driver’s license number and social
security number. You understand that personal identification information
by itself, or together with information related to your account,
may allow unauthorized access to your account. Your PIN and
login ID are intended to provide security against unauthorized
entry and access to your accounts. Data transferred via Online
Banking is encrypted in an effort to provide transmission security
and Online Banking utilizes identification technology to verify
that the sender and receiver of transmissions can be appropriately
identified by each other. Notwithstanding our efforts to insure
that the Online Banking system is secure, you acknowledge that
the Internet is inherently insecure and that all data transfers,
including electronic mail, occur openly on the Internet and potentially
can be monitored and read by others. We cannot and do not warrant
that all data transfers utilizing Online Banking, or e-mail transmitted
to and from us, will not be monitored or read by others.
Fees and
Charges
You agree to pay the fees and charges for use of Online Banking
services as set forth in the current fee schedule. You are also
responsible for telephone and Internet service fees you incur in
connection with your use of Online Banking.
Posting of Transfers
Transfers initiated through Online Banking on a regular business
day made prior to night time processing (approximately 8:00
p.m. CDT) are posted to your account the same day. Transfers
completed after night time processing, Saturday,
Sunday or banking holiday, will be posted on the next business
day. Online Banking identifies transfers based upon the login ID
of the user who made the electronic transfer. Accordingly, you
understand and acknowledge that the View Postings screens in the
Transfer menu options of Online Banking will not reflect transfers
made by multiple users from the same account if different login
Ids are used. You agree to communicate with any other persons with
authorized access to your accounts concerning any transfers from
your accounts in order to avoid overdrafts.
Overdrafts (Order of
Payments, Transfers and other Withdrawals)
If your account
has insufficient funds to perform all electronic fund transfers
you have requested for a given business day, then:
- Electronic
funds transfers involving currency disbursements, like ATM
withdrawals, will have priority.
- Electronic fund
transfers initiated through Online Banking which
would result in an overdraft of your account may, at our
discretion,
be cancelled.
- In the event the electronic fund transfers
initiated through Online Banking, which would result
in an overdraft of your
account, are not cancelled overdraft charges may be
assessed pursuant to
the terms of the deposit agreement for that account.
Limits on Amounts
and Frequency of Online Banking Transactions
The number of transfers from BANK accounts and the amounts which
may be transferred are limited pursuant to the terms of the applicable
deposit agreement and disclosure for those accounts. If a hold
has been placed on deposits made to an account from which you wish
to transfer funds, you cannot transfer the portion of the funds
held until the hold expires.
Stop-Payment Requests
You may
initiate stop payment requests on-line via Online Banking only
for paper checks you have written
on your BANK accounts. On-line Stop Payment requests are processed
when actually received by the BANK in proper form. The stop payment
must precisely identify the name of the payee, the check number,
the amount and date of the check.
If you make your stop payment
request online or by telephone, we require you to put your request
in the form of paper writing and
get it to us within 14 days after you call. You will incur stop
payment charges as disclosed in the current fee schedule for the
applicable account.
Periodic Statements
You will not receive a separate Online Banking statement. Transfers
to and from your accounts will appear on the respective periodic
paper statements for your BANK account.
Change in Terms
We may change any term of this Agreement at any time. If the
change would result in increased fees for any Online Banking
service,
increased liability for you, fewer types of available electronic
fund transfers, or stricter limitations on the frequency or dollar
amount of transfers, we agree to give you notice at least 21 days
before the effective date of any such change, unless an immediate
change is necessary to maintain the security of an account or our
electronic fund transfer system. We will post any required notice
of the change in terms on the BANK’s web site or forward
it to you by e-mail or by postal mail. If advance notice of the
change is not required, and disclosure does not jeopardize the
security of the account or our electronic fund transfer system,
we will notify you of the change in terms within 30 days after
the change becomes effective. Your continued use of any or all
the subject Online Banking services indicates your acceptance of
the change in terms. We reserve the right to waive, reduce or reverse
charges or fees in individual situations. You acknowledge and agree
that changes to fees applicable to specific accounts are governed
by the applicable deposit agreements and disclosures.
In Case of
Errors or Questions about Your Electronic Transfers
Contact us as soon as you can if you think your paper statement
or Online Banking account is wrong, or if you need more information
about a transfer listed on your statement. We must hear from you
no later than 60 days after we sent the FIRST paper statement upon
which the problem or error appeared. When you contact us:
- Tell
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.
- Tell us the dollar amount of the
suspected error.
If you contact
us by telephone or by email, we may require that you send us your
complaint or question in the form of paper writing
by postal mail or fax within 10 business days.
We will communicate
to you the results of our investigation within 10 business days
after you contact us 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 provisionally 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 in the form of paper writing
within 10 business days, we may not provisionally credit your account.
Our
Liability for Failure to make a Transfer
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 when
you have properly instructed us to do so, we will be liable to
you for your losses or damages caused as a result. However, there
are some exceptions. We will NOT be liable, for instance:
- If,
through no fault of ours, you do not have enough money in
your account to make a transfer.
- If a legal order directs us
to
prohibit withdrawals from the
account.
- If your account is closed, or if it has been
frozen.
- If the transfer would cause your balance to go
over the credit limit of an established line of credit
or the credit
limit for
any credit arrangement set up to cover overdrafts.
- If
you, or anyone authorized by you, commits any fraud or
violates any law or regulation.
- If any electronic terminal,
telecommunications device, or any part of the Online Banking
electronic fund
transfer system
was not
working properly when you attempted to initiate
the transfer and you reasonably suspected that there was a
problem
or that your
transfer might not have been initiated, but you
failed to notify us.
- If you have not properly followed the
on-screen instructions for using Online Banking or you
fail to
receive a transaction
confirmation screen.
- If circumstances beyond our
control (such as fire, flood, interruption in telephone
service or other
communication lines) prevent the
transfer, despite reasonable precautions that
we have taken.
Your
Liability for Unauthorized Transfers
CONTACT US AT ONCE if you believe your PIN has been lost,
stolen, used without your authorization, or otherwise compromised,
or if someone has transferred or may transfer money from your accounts
without your permission. An immediate telephone call to us is the
best way to reduce any possible losses. You could lose all the
money in your accounts (plus your maximum overdraft line of credit,
if any).
Also, if your statement shows transfers that you did not
make, contact 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 through transactions made after the 60 day time period,
especially if prompt notice would have allowed the bank to halt
unwanted transactions. If a good reason (such as a long trip
or hospital stay) kept you
from
contacting
us,
we will
extend the time periods.
Disclaimer of Warranty and Limitations
of Liability
We make no warranty of any kind, express or implied, including
any implied warranty of merchantability or fitness for a particular
purpose, in connection with the Online Banking services provided
to you under this Agreement. We do not and cannot warranty that
Online Banking will operate without errors, or that any or all
Online Banking services will be available and operational at all
times. Except as specifically provided in this Agreement, or otherwise
required by law, you agree that our officers, directors, employees,
agents or contractors are not liable for any indirect, incidental,
special or consequential damages under or by reason of any services
or products provided under this Agreement or by reason of your
use of or access to Online Banking, including loss of profits,
revenue, data or use by you or any third party, whether in an action
in contract or tort or based on a warranty. Further, in no event
shall the liability of BANK and its affiliates exceed the amounts
paid by you for the services provided to you through Online Banking.
Your
Right to Terminate
You may cancel your Online Banking service at any time by providing
us with written notice by postal mail or fax. Your access to Online
Banking will be suspended within 3 business days of our receipt
of your instructions to cancel the service. You will remain responsible
for all outstanding fees and charges incurred prior to the date
of cancellation.
Our Right to Terminate
You agree that from time to time we may limit access to Online
Banking services to perform routine hardware or software maintenance
and for similar purposes or:
- Without prior notice, if you have
insufficient funds in any one of your BANK accounts. Online
Banking service may be reinstated,
in our sole discretion, once sufficient funds are available
to cover any fees, pending transfers, and debits.
- Upon reasonable
notice, for any other reason in our sole discretion.
Communication
between BANK and You
Unless this Agreement
provides otherwise, you can communicate with us in one of the
following ways:
e-mail
You can contact us by e-mail at lcsb@lyoncountystatebank.com (Note:
email sent over the internet is not sent in a secure form)
Telephone
620-342-3523
Fax
620-342-1876
Mail
Lyon County State Bank
P O Box 488
Emporia, Ks 66801-0488
In Person
Lyon County State Bank
902 Merchant
Emporia, Ks 66801
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