Agreement & Disclosure Statement
This agreement states the terms and conditions that apply when you use our Internet Banking Service. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us. You must follow all of our instructions and procedures applicable to the services covered by this agreement.
"You" and "Your" mean each person or entity who establishes an Internet Banking Customer Account with us or who uses or is authorized to use an Internet Banking Customer Identification Code and Personal Identification Number or other means of access we establish or approve. An Internet Banking account may be individual or joint. "We"' "us" and "our" mean the bank which holds your Internet Banking account (described below). The term " Internet Banking" means our service that allows you (if applicable) to make payments, transfer funds, access accounts, obtain information and perform other transactions by use of a personal computer and modem and/or other means we authorize or allow. The term "merchant" means any business, company, individual or other third party that we agree to establish as a payee for you, and includes us when you are making payments to us.
CUSTOMER IDENTIFICATION CODE AND PERSONAL IDENTIFICATION NUMBER (PIN)
To access our Internet Banking service, you must use the Customer Identification Code and the Personal Identification Number and/or other means of access we establish or provide for your Internet Banking Customer Account. Keep your Customer Identification Code and Personal Identification Number confidential to prevent unauthorized use and loss to your accounts. Anyone to whom you give your Internet Banking Customer Identification Code and Personal Identification Number or other means of access will have full access to your accounts even if you attempt to limit that person's authority.
INTERNET BANKING PRIMARY ACCOUNT
You must designate a qualified checking account with us as an "Internet Banking Primary Account". We will tell you which of the types of checking accounts we offer qualify for this designation. You may not designate any account that requires more than one signature for withdrawals. You must be the owner of this account. If your Internet Banking Customer Account is joint, each of you must be a joint owner of the Internet Banking Primary Account.
OTHER QUALIFYING ACCOUNTS
Our Homebanking Service may permit access to or transactions involving other qualifying accounts. We will tell you what other accounts qualify for this purpose. Any qualifying account may not require more than one signature for withdrawals and/or advances. You will be permitted to access or perform transactions involving another qualifying account only if you are an owner or authorized user of the account.
HOW TO USE OUR INTERNET BANKING SERVICE
We will give you instructions, separate from this agreement and disclosure statement, on how to make Internet Banking transactions. Those instructions and your application for service are part of this agreement.
INTERNET BANKING TRANSACTIONS
Subject to Options you have selected in the Internet Banking Application and subject to Internet Banking services offered and authorized for your use by us, you, or someone you have authorized by giving them your Internet Banking Customer Identification Code and Personal Identification Number or other means of access (even if that person exceeds your authority), can instruct us to perform the following transactions:
• Transfer funds between your qualifying accounts to the extent authorized;
• Obtain information that we make available about your qualifying accounts;
• Make individual payments or preauthorized recurring payments from an Internet Banking funding account to merchants you have designated in accordance with this agreement; and
• Make stop payment request to the bank;
• Send electronic mail to the bank; and
• Obtain other services or perform other transactions that we authorize.
LIMITS ON INTERNET BANKING TRANSACTIONS
You must have enough money or credit in any account from which you instruct us to make a payment or transfer.
For security reasons, we may implement limits on the number or amount of transactions you can make using or Internet Banking service.
If any of your qualifying accounts are money market deposit accounts or savings deposit accounts, certain types of withdrawals from those accounts, including payments and transfers, are limited to a total of no more than 6 in any specified period. The specified period for money market deposit accounts is the monthly statement period. The specified period for savings deposit accounts is a calendar month. The kinds of withdrawals covered by this limitation are those made by means of preauthorized or automatic transfers and payments or telephone agreement, order or instruction. A total of only three of these kinds of withdrawals may be made by check, draft, debit card, or similar order payable to third parties.
WHEN INTERNET BANKING PAYMENTS AND TRANSFERS ARE MADE
You should allow at least one business day for us to process transfers that are internal to us or to process a payment where we are the merchant.
Each payment or transfer will be posted to the Internet Banking Primary account, and to any other account with us that is involved in the transaction, on the Transmit Date. Each payment or transfer you initiated on a non-business day will be considered initiated on the following business day.
Information you obtain about your accounts using our Internet Banking service will not reflect transactions that have not yet been posted to your accounts. You should keep that in mind when you perform or attempt to perform any transactions on the basis of such information.
LIABILITY FOR FAILURE TO COMPLETE PAYMENTS OR MAKE TRANSFERS
If we do not complete a payment or transfer on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, there are exceptions. We will NOT be liable, for instance:
1. If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.
2. If any payment or transfer would go over the credit limit of any account.
3. If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
4. If you have not given us complete, correct or current account numbers or other identifying information so that we or a merchant or other institution can properly credit your account or otherwise complete the transaction.
5. If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
6. If you receive notice from a merchant or other institution that any payment or transfer you have made remains unpaid or has not been completed, and you fail to notify us promptly of that fact.
7. If the merchant was a payee that you are not permitted to designate as a merchant (i.e. governmental agency, court etc.).
8. If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due.
9. If a merchant or other institution (other than us) does not process your payment or transfer promptly or correctly.
10. If the money in the account from which a payment or transfer is to be made is subject to legal process or other claim restricting the transaction.
11. If circumstances or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken.
BUSINESS DAYS
Our Internet Banking service is generally available 24 hours a day, 7 days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday. Holidays are not included.
STOPPING OR CHANGING PAYMENTS AND TRANSFERS
If you want to stop or change individual payments or transfers or preauthorized recurring payments or transfers you have instructed us to make, you must notify us before we have started processing the transaction. The normal way to do this is for you to access the appropriate function in our Internet Banking service on the day before the business day the payment or transfer is scheduled to be made, and either delete it or make the change. You may call us at 1-417-235-6100 or 1-800-391-2535 or write us at 106 E. Cleveland, P O Box 729, Monett MO 65708. If you write or call, you must do this 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 on paper and get it to us within 14 days after you call.
STATEMENTS
Your Internet Banking payments, transfers and charges will be indicated on the monthly statements we provide or make accessible to you for the Internet Banking Primary account. We may also provide or make accessible to you statement information electronically or by some other means. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement, or statement information.
NOTICE OF INCOMPLETE TRANSACTIONS
You agree to notify us promptly if you receive notice from a merchant or other institution that a payment or transfer you made through our Internet Banking service has not been completed or remains unpaid.
FEES
The fees for our Internet Banking service are shown on our separate fee schedule. Fees are subject to change and a 30 day notice of fee changes will be provided to you. These fees will be charged to your Internet Banking Primary account.
DISCLOSURE OF INFORMATION TO OTHERS
We will disclose information to third parties about your Internet Banking Primary account and your other accounts which qualify for Internet Banking transfers and payments with us:
1. where it is necessary to complete transactions;
2. in order to verify the existence and condition of these accounts for someone, such as a credit bureau or merchant;
3. in order to comply with any legal process such as governmental agency or court orders;
4. to protect or enforce our rights;
5. if you give us your written permission (which may be by electronic or telecommunications transmission as well as on paper); or
6. in response to a request from any bank or other company that is affiliated with us.
YOUR LIABILITY
You are liable for all transactions that you or any of you make or authorize, even if the person you authorize exceeds your authority. If you have given someone your Internet Banking Customer Identification Code and Personal Identification Number or other means of access and want to terminate that person's authority, you must notify us that transactions by such a person are no longer authorized. We may have to change your Customer Identification Code and Personal Identification Number or other means of access or take additional steps to prevent further access by such person.
If you believe your Internet Banking Customer Identification Code and Personal Identification Number or other means of access have been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used them without your authority.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your Internet Banking Customer Identification Code and Personal Identification Number or other means of access, and we can prove that we could have stopped someone from using them without your authority if you had told us, you could lose as much as $500.00.
Also, if your statement shows payments or transfers covered by this agreement that you did not make or authorize, tell 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 lost after the 60 days 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 telling us, we will extend the time periods.
If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any account you have with us. In any case, you are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize.
UNAUTHORIZED TRANSACTIONS OR LOSS OR THEFT OF YOUR CUSTOMER IDENTIFICATION CODE AND/OR YOUR PERSONAL IDENTIFICATION NUMBER
If you believe your Customer Identification Code and/or Personal Identification Number or other means of access have been lost or stolen or that someone has used them without your authorization, call us immediately at 1-417-235-6100 or 1-800-391-2535 or write to us at P. O. Box 729, Monett MO 65708 as soon as you can, if you think your statement is wrong or if you need more information about a transfer or payment covered by this agreement which is listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
1. Tell us your name and account number.
2. Describe the error, payment or transfer you are unsure about, and explain as clearly as you can why you believe it is an error and why you need more information.
3. 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 tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will re-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 10 business days, we may not re-credit your account.
The time periods in the preceding paragraph will be 20 business days instead of 10 business days, and 90 business days instead of 45 business days, if the transaction was not initiated in any state, territory, or possession of the United States of America.
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.
CHANGING TERMS AND TERMINATING THIS ACCOUNT
We have the right to terminate this agreement at any time. We will send you notice of any termination in writing within 30 days of the date we take this action. Once we terminate this agreement, no further transfers or payments will be made, including but not limited to any payments or transfers scheduled in advance or any preauthorized recurring payments or transfers.
We also have the right to make changes in this agreement at any time. We will mail or deliver written notice of any amendment or modification to you at least 30 days prior to the effective date of any such change if the change would result in increased fees or charges, increased liability to you, fewer types of available services stricter limitations on the frequency or dollar amount of transfers.
You may also terminate this agreement at any time by notifying us in a signed paper writing. However any instructions from you to make payments or transfers will continue in effect until we have received such written notice of termination and have had a reasonable opportunity to act upon it. Once we have acted upon your notice, no further transfers or payments will be made, including but not limited to any payments or transfers. Any such termination by you applies only to our Internet Banking service and does not terminate any Internet Banking Primary Account or any other accounts or services.
JOINT ACCOUNTS
The provisions of this "Joint Accounts" section apply if your Internet Banking Customer Account with us is joint.
Each of you is jointly and severally obligated under this agreement. Each of you acting alone may perform transactions, obtain information, stop or change payments or transfers, terminate this agreement or otherwise transact business, take actions or perform under this agreement. We are not required to obtain the consent of, or notify any other of you. However, each of you will only be permitted to access accounts for which you are an owner or authorized user.
Each of you individually releases us from any liability and agrees not to make any claim or bring any action against us for honoring or allowing any transactions where the person performing the action or transaction is one of you or is otherwise authorized to use your Internet Banking Customer Account. Each of you agrees to indemnify us and hold us harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions.
NOTICES AND COMMUNICATIONS
Except as otherwise provided in this agreement, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records or when we make such notices available to you through our Internet Banking service or at the last known e-mail address that we have for you in our records. Notice to one joint account owner or Internet Banking customer will be effective for all of you. You agree that we may send or provide by electronic communication any notice, communication, or disclosure required to be provided orally or in writing to you. We may require written paper confirmation from you of any electronic communication which this agreement permits you to make to us.
RECORDING
You agree that we may tape record any telephone conversations you have with us regarding the services covered by this agreement. However, we are not obligated to do so and may choose not to in our sole discretion.
LAW THAT APPLIES
Regardless of where you live or work or where you access our Internet Banking service, this Agreement and Disclosure is subject to the internal laws of the State of Missouri where we hold your Internet Banking Funding account and the federal law of the United States of America. If any of the terms of this agreement cannot be legally enforced, they will be considered changed to the extent necessary to comply with applicable law.
FDIC'S TEMPORARY LIQUIDITY GUARANTEE PROGRAM
First State Bank of Purdy is participating in the FDIC's Transaction Account Guarantee Program. Under that program, through June 30, 2010, all noninterest-bearing transaction accounts are fully guaranteed by the FDIC for the entire amount in the account. Coverage under the Transaction Account Guarantee Program is in addition to and separate from the coverage available under the FDIC's general deposit insurance rules.
Customer Service 417-235-6100 | Support 800-391-2535
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