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ONLINE ACCESS AGREEMENT AND
ELECTRONIC FUND TRANSFER ACT DISCLOSURE
Agreement - This Agreement, which includes the Fee Schedule and
Enrollment Form, is a contract which establishes the rules which cover your
electronic access to your accounts at Citizens State Bank & Trust Co.
("BANK") through Citizens State Bank & Trust Co.'s On-Line Banking ("SYSTEM"). By using SYSTEM, you
accept all the terms and conditions of this Agreement. Please read it
carefully.
The terms and conditions of the deposit agreements and disclosures for each
of your BANK accounts as well as your other agreements with 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 of the obligations of the parties pursuant to this Agreement that by
their nature would continue beyond the termination, cancellation or
expiration of this Agreement shall survive termination, cancellation or
expiration of this Agreement. This Agreement, together with the Enrollment
Form and Fee Schedule, constitutes the entire agreement between you and BANK
with respect to the subject matter hereof and there are no understandings or
agreements relative hereto which are not fully expressed herein.
Definitions - As used in this Agreement, the words "we," "our," "us,"
and "BANK" mean Citizens State Bank & Trust Co. "You" and "your" refer to
the accountholder authorized by BANK to use SYSTEM under this Agreement and
anyone else authorized by that accountholder to exercise control over the
accountholder’s funds through SYSTEM. "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 SYSTEM. "SYSTEM Services" means the services
provided pursuant to this Agreement. "Business days" means Monday through
Friday. Holidays are not included.
Access - To use SYSTEM, you must have at least one checking account
at BANK, access to Internet service, and an e-mail address. Once we have
received your signed Enrollment Form, and verified your account information,
we will send you by postal mail, confirmation of our
acceptance of your enrollment, along with your assigned log-in ID and
temporary password. SYSTEM can be used to access only the BANK accounts
which you have designated for access by SYSTEM in your Enrollment Form. You
can add or delete any of your BANK accounts from this Agreement by
completing a new Enrollment Form. Access to your accounts through SYSTEM
will be based upon the identification of users and authority levels
specified by you in your Enrollment Form. We undertake no obligation to
monitor transactions through SYSTEM to determine that they are made on
behalf of the accountholder.
SYSTEM Services - You can use SYSTEM to check the balance of your
BANK accounts, view BANK account histories, transfer funds between your BANK
accounts, make stop payment requests, and change your address by the secure
email.
Hours of Access - You can use SYSTEM seven days a week, twenty-four
hours a day, although some or all SYSTEM services may not be available
occasionally due to emergency or scheduled system maintenance. We agree to
post notice of any extended periods of non-availability on the SYSTEM web
site.
Your Password - For security purposes, you are required to change
your password upon your initial login to SYSTEM. You determine what password
you will use and the identity of your password is not communicated to us.
You agree that we are authorized to act on instructions received under your
password. You accept responsibility for the confidentiality and security of
your password and agree to change your password regularly. Upon three
unsuccessful attempts to use your password, your access to SYSTEM will be
revoked. To re-establish your authorization to use SYSTEM, you must contact
us to have your password reset or to obtain a new temporary password.
We recommend that you create a password that utilizes both upper and lower
case alpha and numeric characters for purposes of security. Your password
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 SYSTEM 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
password and login ID are intended to provide security against unauthorized
entry and access to your accounts. Data transferred via SYSTEM is encrypted
in an effort to provide transmission security and SYSTEM utilizes
identification technology to verify that the sender and receiver of SYSTEM
transmissions can be appropriately identified by each other. Notwithstanding
our efforts to insure that the 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 BANK SYSTEM, 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 your use
of SYSTEM Services as set forth in the enrollment form. You agree that
all such fees and charges will be deducted from the BANK checking account
designated on your Enrollment Form. If you
close your designated Checking Account, you must contact us immediately to
designate another account as the Checking Account for the fee. You agree to pay
any additional reasonable charges for services you request which are not
covered by this Agreement. You are also responsible for telephone and
Internet service fees you incur in connection with your use of SYSTEM.
Posting of Transfers - Transfers initiated through SYSTEM before 3:00
p.m. (Central Time) on a business day are posted to your account the same
day. Transfers completed after 3:00 p.m. (Central Time) on a business day,
Saturday, Sunday or banking holiday, will be posted on the next business
day. SYSTEM 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 SYSTEM 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:
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a. |
Electronic funds transfers involving
currency disbursements, like ATM withdrawals, will have priority; |
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b. |
Electronic fund transfers initiated through
SYSTEM which would result in an overdraft of your account
may, at our discretion, be cancelled; |
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c. |
In the event the electronic fund transfers
initiated through SYSTEM 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 SYSTEM 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 SYSTEM 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 may also
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 a $20.00 stop-payment charge for
each stop-payment to the applicable account.
Disclosure of Account Information and Transfers - You understand
information about your accounts or the transfers you make may automatically
be disclosed to others. For example, tax laws require disclosure to the
government of the amount of interest you earn, and some transactions, such
as large currency and foreign transactions, must be reported to the
government. We may also provide information about your accounts to persons
or companies we believe would use the information for reasonable purposes,
such as when a prospective creditor seeks to verify information you may have
given in a credit application or a merchant calls to verify a check you have
written. We may also seek information
about you from others, such as the credit bureau, in connection with the
opening or maintaining of your account or in connection with approving your
access to SYSTEM. You agree and hereby authorize all of these transfers of
information.
Periodic Statements - You will not receive a separate SYSTEM
statement. Transfers to and from your accounts using SYSTEM will appear on
the respective periodic paper statements for your BANK accounts.
Change in Terms - We may change any term of this Agreement at any
time. If the change would result in increased fees for any SYSTEM 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 30 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 SYSTEM 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 of the subject SYSTEM 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 is wrong,
or if you need more information about a transfer listed on your paper
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:
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(1) |
Tell us your name and account number. |
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(2) |
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. |
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(3) |
Tell us the dollar amount of the suspected error. |
If you contact us by telephone or by e-mail, 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 a paper writing within 10
business days, we may not provisionally credit your account.
If we decide that there was no error, we will send you a written explanation
within 3 business days after we finish our investigation. You may ask for
copies of the documents that we used in our investigation. If we have made a
provisional credit, a corresponding debit will be made from your account.
Our Liability for Failure to Make a Transfer - If we do not complete a
transfer to or from your account, including a bill payment, 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:
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(1) |
if, through no fault of ours, you do not
have enough money in your account to make a transfer. |
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(2) |
If a legal order directs us to prohibit
withdrawals from the account. |
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(3) |
If your account is closed, or if it has
been frozen. |
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(4) |
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. |
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(5) |
If you, or anyone authorized by you,
commits any fraud or violates any law or regulation. |
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(6) |
If any electronic terminal,
telecommunications device, or any part of the SYSTEM electronic fund
transfer system is 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. |
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(7) |
If you have not properly followed the
on-screen instructions for using SYSTEM or you fail to receive a
transaction confirmation screen. |
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(8) |
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 password 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). If you contact us within 2 business
days after you learn of the loss, theft, compromise, or unauthorized use
of your password, you can lose no more than $50 if someone used your
password without your permission. |
If you do NOT contact us within 2 business days after you learn of the
loss, theft, compromise, or unauthorized use of your password, and we can
prove we could have stopped someone from using your password to access your
accounts without your permission if you had told us, you could lose as much
as $500.
Also, if your paper statement shows transfers that you did not make, contact
us at once. If you do not tell us within 60 days after the paper statement
was mailed to you, you may not get back any money you lost through
transactions made after the 60 day time period if we can prove that we could
have stopped someone from taking the money if you had told us in time. 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 Limitation 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
SYSTEM Services provided to you under this Agreement. We do not and cannot
warrant that SYSTEM will operate without errors, or that any or all SYSTEM
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 SYSTEM, 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 SYSTEM.
Your Right to Terminate - You may cancel your SYSTEM service at any
time by providing us with written notice by postal mail or fax. Your access
to SYSTEM 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 SYSTEM services to perform routine hardware or software
maintenance and for similar purposes.
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(1) |
Without prior notice, if you have
insufficient funds in any one of your BANK accounts. SYSTEM service may
be reinstated, in our sole discretion, once sufficient funds are
available to cover any fees, pending transfers, and debits. |
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(2) |
Upon 3 business days notice, if you do not
contact us to designate a new Primary Checking Account immediately after
you close your Primary Checking Account. |
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(3) |
Upon reasonable notice, for any other
reason in our sole discretion. |
Communications between BANK and You - Unless this Agreement
provides otherwise, you can communicate with us in any one of the following
ways:
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E-mail |
You can contact us by SYSTEM e-mail
which is secure or csbanc@csbanc.com
which is NOT secure.
(Please note that banking transactions through SYSTEM are not made via
e-mail.) |
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Telephone |
You can contact us by telephone at (785) 472-3141 |
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Facsimile |
You can contact us by fax at (785) 472-5664 |
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Postal Mail |
You can write to us at: Citizens Bank & Trust Co., P. O.
Box 128, Ellsworth, KS 67439 |
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In Person |
You may visit us in person at our main bank location:
Citizens Bank & Trust Co.
203 N. Douglas
Ellsworth, KS 67439 |
Consent to Electronic Delivery of Notices - You agree that any
notice or other type of communication provided to you pursuant to the terms
of this Agreement, and any future disclosures required by law, including
electronic fund transfer disclosures, may be made electronically by posting
the notice on the BANK SYSTEM web site or by e-mail. You agree to notify us
immediately of any change in your e-mail address. |