Online Banking Agreement and Disclosure Statement
By Signing an application and enrollment form (the "Application") to subscribe to certain personal computer banking and related services offered by Commercial State Bank, Wausa, NE, as described in this Service Agreement and Disclosure Statement (this "Agreement") and as otherwise made available by the Bank from time to time (collectively, "Commercial State Bank," "we," "us," or "our" refers to Commercial State Bank, and each reference to "you" and "your" refers to each depositor, borrower, authorized signer, or authorized user for an account (as defined below) who is now or hereafter enrolled in any one or more of the Commercial State Bank online banking services with respect to the account. Each time you use Commercial State Bank online service constitutes confirmation by you of your agreement to and understanding of the terms of this Agreement and any screens that appear on your computer when you sign on to Commercial State Bank Web Site. This agreement will be effective as of the date of our acceptance of this Agreement as evidenced by our issuance of a PIN to you as provided in Section 3. Please read this Agreement carefully and keep it for future reference.
Commercial State Bank Internet Banking transmits data Using SSL (Secure Socket Layer) technology that supports 128-bit key encryption. It is important to verify that a secure connection between your browser and the Internet Banking server has been established before transmitting any confidential account information over the Internet. This can be verified by an indicator on your web browser. Netscape Navigator has a key symbol that appears in the lower left corner of the screen. When the symbol appears "solid" transmitted data is being encrypted. When this symbol appears "broken," a secure session has not been established. Similarly, Microsoft Internet Explorer has a lock symbol that appears when data is being encrypted. When this symbol does not appear, a session is not secure.
Links to non-Commercial State Bank websites contained in this site are offered only as pointers to sources of information on subjects that may be of interest to users of the Commercial State Bank website, and Commercial State Bank is not responsible for the content of such sites as we have no control over what is displayed there. Commercial State Bank does not guarantee the authenticity of documents as such sites, and links to non-Commercial State Bank sites do not imply any endorsement of or responsibility for the ideas, opinions, information, products, or services offered at such sites. Use of links to any non-Commercial State Bank site is solely at the user's own risk.
Hardware and Software Requirements
To be able to use Commercial State Bank's online banking service, you must provide your own personal computer (a "PC") with a modem and related equipment (the "Hardware"). You also must provide the type of telephone service and Internet access service required by the Hardware and /or the Software. Once the Hardware has been properly connected to the telephone service, and any required Internet access has been established, you will be able to access the Commercial State Bank online services through the Internet banking service provider (the "'Service Provider") that will act as an interface between you and the Bank. You are and will remain solely responsible for the purchase, hook-up, installation, loading, operation, and maintenance of the Hardware, the Software, the telephone service, and the Internet access service (if applicable) to your PC, and for all related costs. You are solely responsible for scanning the Hardware and the Software for computer viruses and other related problems before you use them.
Generally. You agree to use Commercial State Bank online banking solely for the services described in this Agreement and designated by you in the Application or subsequently designated by you as provided in Section 5, and solely in connection with each deposit account (collectively, the "Deposit Accounts") and each loan account (collectively, the "Credit Accounts") held by the Bank and designated by you in the Application or subsequently designated by you as described below (collectively, the "Accounts"), except as otherwise expressly provided in this Agreement or as otherwise expressly permitted by us from time to time. Under this Agreement, there may be multiple accounts. You may add any account for which you or all of you, if more than one, are depositor, borrower, authorized signer, or authorized user by notifying the Bank or by visiting any Bank Office. If you close all your accounts at Commercial State Bank, you will no longer be able to use Commercial State Bank online banking service.
Confidentiality of Passwords. All Commercial State Bank online banking transactions or inquiries must be initiated by use of your Commercial State Bank user ID and password. We will assign you these after we have accepted your Application. The first time you sign on to Commercial State Bank online banking, you will be required to select a new password. You may change your password from time to time, as provided in the Software. It is recommended that you do not use your social security number, birthdays, names, or other codes that may be easy for other to determine as your password. No Bank employee will ever ask for your password, nor should you provide it to anyone unless you intend to allow that person access to your accounts. YOU AGREE TO KEEP YOUR PASSWORD CONFIDENTIAL. USE OF THE PASSWORD BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH COMMERCIAL STATE BANK ONLINE BANKING. You agree that any Commercial State Bank online transaction or request initiated by use of the password will be subject to and governed by this Agreement.
- If you authorize another person to use your password, that person can use Commercial State Bank online to view any information or initiate any transaction on any of the accounts to the same extent as you, including viewing information or initiating transactions on accounts to which that person does not otherwise have access. As such your sharing of your password is strongly discouraged by the Bank, and done at your sole risk and peril.
- If you believe your user ID and password has become known by an unauthorized person, or someone has transferred money without your permission, call Commercial State Bank immediately at: (402) 586-2266, or write to : Commercial State Bank, PO Box 179, Wausa, NE 68786. If you suggest that an unauthorized transfer may have occurred, we may require you to sign an affidavit.
- You should always exit Commercial State Bank online after you finish viewing your accounts. Never leave your computer unattended while accessing Commercial State Bank online. If you should, a third party may be able to access your accounts from your terminal, without ever needing to use your password.
Business days for Commercial State Bank online are Monday through Friday, excluding holidays. You may access the accounts through Commercial State Bank online 24 hours a day, seven days a week, except that Commercial State Bank may perform regular maintenance on our systems or equipment, which may result in errors or interrupted service. We may also find it necessary to occasionally change the scope of our services. Commercial State Bank cannot guarantee that we will be able to provide notice of such interruptions and changes, although we will attempt to provide such notice.
You may use Commercial State Bank online to perform any of the following services designated by you in the Application or subsequently added by you as provided below:
- To transfer funds between Deposit Accounts, such as, checking, savings, or money market deposit accounts.
- To make payments on Loan Accounts from Deposit Accounts such as those listed above.
- To receive and download balance and transaction information for Commercial State Bank accounts.
- To pay bills electronically from a Deposit account.
- To receive e-mail from and transmit e-mail to the Bank, all as described in this Agreement and the Software. You may sign up for or cancel any account linked to online banking by contacting Commercial State Bank. As used in this Agreement, the term "electronic fund transfer" has the meaning provided for that term in Regulation E and includes, without limitation, a bank transfer or bill payment (other than a bill payment made by check or other paper item), as these terms are defined below.
Transfers to and from Accounts
- Deposit and/or Loan Accounts.
You may use Commercial State Bank to initiate electronic fund transfers from one Deposit Account that is checking, savings, or money market deposit account to any other Deposit Account that is checking, savings, or money market deposit account, as provided in this Agreement. You may also initiate electronic fund transfers from one Deposit Account that is checking, savings, or money market deposit account to make payment on a loan account, as provided in this Agreement. These types of transaction are referred to in this Agreement as "bank transfers."
You expressly authorize us to debit the appropriate Deposit Account and/or credit the appropriate Loan Account in the amount of any bank transfer initiated through Commercial State Bank online banking by you or by any other person who is authorized to use your password. You agree that we may treat any such bank transfer from a deposit account the same as a duly executed written withdrawal, transfer, or check and that we may treat any such bank transfer to a Deposit Account the same as a deposit, and that we may treat any such bank transfer to a Loan Account the same as a payment, all in accordance with the terms of this Agreement and your deposit agreement(s) with us.
Your ability to initiate bank transfers between Deposit and/or Loan Accounts may be limited by federal law or by the terms of your deposit agreement with us. Bank transfers from Deposit Accounts that are saving or money market deposit accounts are limited as required by federal regulation. You agree that we may, without notice or other obligation to you, refuse to make any bank transfer for security reasons or as otherwise expressly provided in this Agreement or your deposit agreement with us.
- Time of bank transfers; posting; funds availability.
If you initiate a bank transfer of available funds on or before two (2) p.m. Central Time Monday through Friday, the bank transfer will be posted to the Deposit/Loan Account on the same business day. If you initiate a bank transfer after two (2) p.m. Central Time on Monday through Friday, the bank transfer will be posted on the next online business day. Transferred funds will be available for withdrawal on the business day the bank transfer is posted to the Deposit Account.
You may use Commercial State Bank online banking to receive, download, and store or print information regarding an account that is routinely set forth in the statement for the Account, debits and credits made to the account, amounts and item numbers for items drawn on the account (if applicable), and the daily account balance (including interest credited to a Deposit Account and finance charges accrued on a Credit Account). All account information provided via Commercial State Bank online banking will be current as of the end of the preceding business day, will not reflect bank transfer or bill payments made since the end of the preceding business day, and is subject to further adjustment and correction. Because the information is made available to you is "raw data" furnished through the Service Provider and is subject to change, we cannot assure you of the accuracy or completeness of the information and expressly disclaim the same. You will still receive your usual periodic statement of account, and adjustments may have been made to your account in connection with the preparation of your statement.
Electronic Mail Service
You may use Commercial State Bank online banking to send electronic mail ("e-mail") to us and to receive e-mail from us. E-mail transmitted by you to us via Commercial State Bank online often will not be delivered to us immediately. If you need to contact us immediately to stop payment, to report an unauthorized use of your password, to report unauthorized access to an account, or for any other reason, you should call us at 1-402-586-2266. We will not be responsible for action on or responding to any e-mail request made through Commercial State Bank online banking until we actually receive your e-mail message and have a reasonable opportunity to act. You should check your e-mail regularly; we will attempt to notify you by e-mail in the event of any technical difficulties or other occurrence that may affect your use of Commercial State Bank online banking.
We may, from time to time, make additional services available through Commercial State Bank online banking. We will notify you of the availability and terms of these new services. By using these additional services when they become available, you agree to be bound by this Agreement and any additional instructions, procedures, and terms provided to you with respect to each of these new services.
In case of errors or questions about your electronic transfers, telephone us at (402) 586-2266, or write us at Commercial State Bank, PO Box 179, Wausa, NE 68786 as soon as you can, if you think 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.
- Describe the error or 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 (20 business days if your account is within 30 days after the first deposit to the account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a point-of-sale transaction, a foreign initiated transfer, or if your account is within 30 days after the first deposit to the account) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if your account is within 30 days after the first deposit to the account) 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.
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.
The Deposit Account statements or other notices provided to you by us will notify you of (a) the execution of bank transfers or bill payments and the debits to the Deposit Account made with respect to such bank transfers and bill payments, and (b) amounts debited by the Bank from the Billing Account or any other account for payment of the services or other charges pursuant to this Agreement. You agree that we will not be required to provide any other notice to you of the execution of bank transfers, bill payments, or debits. You agree to promptly examine each statement for a Deposit Account and to promptly report any discrepancies between your records and the Deposit Account statements or any other notices mailed by the Bank to you.
Settlement of Obligations
To the fullest extent permitted by applicable law, you authorize us to obtain payment of your obligations to us under this Agreement from time to time by (a) initiating debit or credit transfers to any of the accounts or (b) deducting the payment from the amount of any bank transfer or bill payment. Such obligations include, without limitation; fees owed to us and settlement for bank transfers or bill payments initiated through Commercial State Bank online banking. At the time any account is closed (whether by you, by us, or otherwise) or any Commercial State Bank online service is terminated (whether by you, by us, or otherwise), you agree that all such obligations will be immediately due and payable to us, and you authorize us to withhold the amount of any such obligations from any account. Debiting an account or deducting payment from the amount of any bank transfer or bill payment is not the Bank's exclusive remedy under this or any other section of this Agreement, and the Bank will not be deemed to have made an election of remedies by making any such debit or deduction on any one or more occasions.
Stop Payment Procedures and Notice of Varying Amounts.
- Right to Stop Payment and Procedures for doing so-If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how: Utilize the Stop Payment Option under Account Services in Commercial State Bank online banking, telephone us at (402) 586-2266, or write us at Commercial State Bank, PO Box 179, Wausa, NE 68786 in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. You will be charged according to our fee schedule for each stop payment order you give.
- Notice of Varying Amounts-If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made, and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
- Liability for Failure to Stop Payment of Pre-authorized Transfer-If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Bank's Liability for failure to make or stop certain Electronic Fund Transfers.
- If, through no fault of ours, you do not have enough money in the Deposit Account (or any linked account) to make the electronic fund transfer.
- If you have not completely and properly followed the terms of the Agreement or instructions provided by the software regarding how to make an electronic fund transfer. · If any data or instruction transmitted via Commercial State Bank online banking is inaccurate or incomplete.
- If you do not initiate an electronic fund transfer according to the time limits set forth in this Agreement.
- If the Hardware, the Software, the Service Provider, or any part of the Commercial State Bank online system, including the bill payment service, was not working properly and you knew about the breakdown when you started your electronic fund transfer.
- If circumstances beyond our control, such as an act of god, failure, delay, or error on the part of any third-party service provider (including, without limitation, the Service Provider, the United States Postal Service or any other delivery service), power outage, difficulty with telephone or cable lines or satellite communications, difficulty with any Hardware, the Software, or the Service Provider, computer virus or related problem, or cessation of the operation of the Service Provider or the arrangement between the Bank and the Service Provider, prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken.
- If your funds are being held or frozen or are subject to legal proceedings.
- If the funds in the Deposit Account are unavailable (funds are only conditionally credited until they become available for withdrawal).
- If your password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized.
- If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer.
- If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts).
- If the Deposit Account has been closed.
- If we do not receive the necessary transfer information from you or any third party, or if such information is incomplete or erroneous when received by us · There may be other exceptions stated in this or any other applicable agreement that we have with you.
Limitations on Bank's Liability
Our liability for electronic funds transfer made to or from Deposit Accounts is also governed by Sections 14 and 16. If any provision herein is inconsistent with any provision of Section 14 or Section 16 or any provision of applicable law that cannot be varied or waived by agreement, the provision of applicable law that cannot be varied or waived by agreement, the provisions of those Sections or applicable law shall control. Our duties and responsibilities to you are strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund transfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, or punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if the Bank has been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an independent contractor and not the Bank's agent. The Bank's sole duty shall be to exercise reasonable care in the initial selection the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY THE BANK WITH RESPECT TO ANY COMMERCIAL STATE BANK ONLINE SERVICE, AND THE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The Bank shall be excused from any failure or delay in executing a bank transfer or bill payment if such execution would result in the violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that the Bank shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, without limitation, The Service provider, any Internet access service provider, any federal reserve bank or transmission or communication facility or any intermediary or receiving financial institution, and no such person shall be deemed the Bank's Agent.
Your Liability for Unauthorized or Erroneous Transfer
To the fullest extent permitted by applicable law, you agree to be responsible for all unauthorized or erroneous transactions initiated through Commercial State Bank online banking. You have the obligation to immediately notify the Bank if your user ID and/or password have been lost or stolen, or if someone has transferred funds from your account through Commercial State Bank online without your permission (or is contemplating doing so). The following provisions of this Section apply only to your liability for unauthorized electronic fund transfers. An "unauthorized electronic fund transfer" means an electronic fund transfer from a Deposit Account that is initiated by another person without your authority to initiate the electronic fund transfer(s) and from which you receive no benefit. The term does not include any Commercial State Bank online electronic fund transfer that is initiated by a person to whom you furnished your password, unless you have notified us that electronic fund transfers by that person are no longer authorized and we have had reasonable opportunity to act on that notification. We may require that the notice be in writing. You could lose all the money in your Deposit Account, some or all of the money in any linked account, or up to your maximum overdraft line of credit if you have a check overdraft protection line of credit. If you tell us within two business days, you can lose no more than $50.00 if someone used your card 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 $500.00. If your statement shows electronic fund transfers that you did not make, tell us at once. If you do not tell us within sixty (60) calendar days after the statement was mailed to you, you shall not be entitled to assert a claim against the Bank, nor be entitled to any damages from the Bank, as to said unauthorized transfers. This sixty (60) day limitation is without regard as to the standard of care exercised by the Bank. If you believe your user ID or password has been lost or stolen or that someone has transferred or may transfer money from a Deposit Account without your permission call: (402) 586-2266 or write Commercial State Bank, PO Box 179, Wausa, NE 68786.
Rejection of Payment Orders; Overdrafts
You acknowledge that the Bank or the Service Provider may from time to time, in its sole discretion, reject any bank transfer or bill payment request (any "payment order") or return any bank transfer or bill payment (a) if there are insufficient or unavailable funds in the Deposit Account or the Deposit Account has been closed or is frozen, (b) if the payment order does not conform to the terms of this Agreement or the Software, or (c) if the payment order appears to be a duplicate, but neither the Bank nor the Service Provider is under any obligation to recognize that a payment is a duplicate and you should not rely on the Bank or the Service Provider to do so. If a payment order is rejected or a bank transfer or bill payment is returned, either the Bank or the Service Provider will notify you and you will have the sole obligation to remake the payment order in accordance with the terms of this Agreement and the Software. The Bank or the Service Provider may from time to time, in its sole discretion and without any obligation to do so, execute any payment order or make any bank transfer or bill payment even though an overdraft to the account results. To the extent permitted by applicable law, you agree that neither the Bank nor the Service Provider will have any liability whatsoever for refusing to accept any payment order or rejecting or returning any bank transfer or bill payment. If an overdraft occurs in a Deposit Account, you agree to cause sufficient available funds to pay the amount of the over draft to be deposited into or credited to the Deposit Account before the end of that business day. Any over draft existing at the close of a business day is immediately due and payable without notice or demand.
Disclosure of Deposit Account Information to Third Parties
You agree that we may from time to time disclose to third parties information about your Deposit Account or the transactions that you make through Commercial State Bank online banking. We will disclose information to third parties about your Deposit Account or the transfers you make:
- Where it is necessary for completing bank transfers or bill payment or providing any other service in connection with Commercial State Bank online banking; or
- In order to verify the existence and condition of your Deposit Account for a third party, such as a credit bureau or merchant; or
- In order to comply with government agency, examiners, or court orders; or
- To our employee, 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 your written permission.
Other Agreements; Severability; Governing Law
The terms and conditions of this Agreement are cumulative with and in addition to any terms of the signature cards or account agreements for your Deposit Account(s), the applicable account disclosures, the Service Schedule, the Schedule of Funds Availability, the Bank's Electronic Fund Transfer Agreement and Disclosure Statement, the agreements governing the Credit Accounts, and the Application, all as may be amended from time to time. In the event of any conflict between this Agreement and any related materials regarding the Bank's obligations to you, the terms of this Agreement will control. If any provision of this Agreement is unlawful or unenforceable, each such provision or writing will be without force and effect without thereby affecting any other provision hereof. No consumer protection provision of the federal Electronic Fund Transfer Act or Federal Reserve Board Regulation E is intended to be waived by you under this Agreement unless the waiver is permitted by law. The parties agree to be bound by the operating rule and guidelines of the National Automated Clearing House Association and the applicable local automated clearing house association as in effect from time to time with respect to all automated clearing house transfers made hereunder. This Agreement will be governed by the substantive laws of the United States, applicable federal regulations, and to the extent not inconsistent therewith, the laws of the state where our offices holding the account(s) is located, without regard to such state's rules regarding conflict of laws.
We may amend this Agreement from time to time. Each amendment will be effected by our mailing or otherwise delivering the amendment, revised agreement and /or notice thereof to you in accordance with applicable federal and state laws. If no federal or state law specifically governs the amendment, the amendment shall be effected by mailing or otherwise delivering it to you at least 10 calendar days prior to the effective date of the amendment. Notwithstanding the foregoing and to the extent permitted by applicable law, we may change any term of this Agreement without prior notice or obligation to you: (a) if the Service Provider changes any term without providing us sufficient notice to enable us to properly notify you; (b) for security reasons; (c) to comply with applicable law; or (d) as otherwise expressly provided in this Agreement.
You agree that we may cancel or restrict your use of Commercial State Bank online banking or any Commercial State Bank online service at any time upon such notice (including e-mail) as is reasonable under the circumstances. You may cancel Commercial State Bank online by written request to the Bank at any time.
You may not assign all or any part of your rights or obligations under this Agreement without our prior express consent, which may be withheld in our sole discretion. We may assign or delegate all or any part of our rights or obligations under this Agreement, including, without limitation, the performance of the services described herein. This Agreement will be binding on and inure to the benefit of the successors and assigns of either party.
No Third-Party Beneficiaries
This Agreement is for the benefit of you and the Bank and is not intended to grant, and shall not be construed as granting, any rights to or otherwise benefiting any other person, except as expressly otherwise provided in this Agreement.
Choice of Forum and Jury Trial Waiver
In the event any litigation is instituted to enforce or interpret the terms of this Agreement, you agree that the exclusive forum therefore shall be the Court of Knox County, Nebraska. In the event that the Bank is the prevailing party, the Bank shall be entitled to reimbursement for all reasonable attorneys' fees and costs incurred including, but not limited to, those incurred incident to any appeal. YOU AND THE BANK HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OF ALL DISPUTES, CONTROVERSIES, AND CLAIMS BY, BETWEEN, OR AGAINST EITHER YOU OR THE BANK WHETHER THE DISPUTE, CONTROVERSY OR CLAIM IS SUBMITTED TO ARBITRATION OR IS DECIDED BY A COURT.
Ownership of Materials
The content and information on our site is the property of Commercial State Bank. It should not be duplicated or copied by any means.
(Items noted in schedule to be effective July 1, 2004). The basic online banking service is free. As of June 1, 2004, the Bill payment is free.