Agreement & Disclosure Statement
This agreement states the terms and conditions that apply when you use First State Bank of Purdy’s 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 password or other means of access we establish or approve. "We"' "us" and "our" mean First State Bank of Purdy, which holds your Internet Banking account. The term "Internet Banking" means our service that allows you to make payments, transfer funds, access accounts, obtain information and perform other transactions by use of an Internet enabled device 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.
LOGIN ID AND PASSWORD
To access our Internet Banking service, you must use the Login ID and the password and/or other means of access we establish or provide for your Internet Banking Account. Keep your Login ID and password confidential to prevent unauthorized use and loss to your accounts. Anyone to whom you give your Internet Banking Login ID and password or other means of access will have full access to your accounts even if you attempt to limit that person's authority.
You must designate a qualified checking account with us as your primary account. You may not designate any account that requires more than one signature for withdrawals. You must be an owner of this account.
Our Internet Banking Service may permit access to or transactions involving other qualifying accounts. 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 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.
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 Login ID and password 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 our 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, which may include payments and transfers, are limited to a total of no more than six (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 the quarterly statement period. 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. You also agree to the terms and conditions of your deposit account that you received when you opened your deposit account.
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 you initiated on a non-business day will be processed with the following business day’s activity. 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.
OUR 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:
- 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.
- If any payment or transfer would go over the credit limit of any account.
- 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.
- 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.
- 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.
- 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.
- If the merchant was a payee that you are not permitted to designate as a merchant (i.e. governmental agency, court etc.).
- If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due.
- If a merchant or other institution (other than us) does not process your payment or transfer promptly or correctly.
- 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.
- If circumstances or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken.
YOUR LIABILITY AND INDEMNITY
You warrant that you will perform your obligations under this Agreement consistent with all applicable Bank rules and regulations and that all information that you provide us is accurate, timely, and has been authorized by you, and in the event that you breach any foregoing warranties, you agree to indemnify First State Bank of Purdy against any loss, liability, or expense. You agree to hold First State Bank of Purdy harmless for any and all acts of employees or persons who you grant access to or who gain access to your Internet Banking account. You consent, by execution of this agreement, to disclosure of your customer information to those that gain access to your accounts.
You are liable for all transactions that are initiated under your Login ID, even if the person(s) you authorize exceeds your authority. If you have given someone your Internet Banking Login ID and password or other means of access and want to terminate that person's authority, you must change your Login ID and password and notify us that transactions by such a person are no longer authorized. We may choose to change your Login ID and password or other means of access or take additional steps to prevent further access by such person.
If you believe your Internet Banking Login ID and password or other means of access have been lost or stolen, and you tell us within two (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 two (2) business days after you learn of the loss or theft of your Internet Banking Login ID and password 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 sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that your contacting us would have prevented those losses.
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.
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. Saturdays, Sundays and 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 1-800-391-2535 or write us at:
First State Bank of Purdy
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 require you to put your request in writing on paper and get it to us within fourteen (14) days after you call.
Your Internet Banking payments, transfers and charges will be indicated on the monthly or quarterly statements we provide or make accessible to you. 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.
Should you choose to receive electronic statements you will no longer receive a paper statement delivered by mail. You should print or download, for your records, a copy of your First State Bank of Purdy Online Statements and any changes to that authorization. You do have the ability to request a paper copy of an electronic communication by telephone at 800-391-2535, or by mail to:
First State Bank of Purdy
P.O. Box 729
Monett, MO 65708
We may charge you a reasonable service charge as disclosed in the terms and conditions of your account for the delivery of paper copies of any communication provided to you electronically pursuant to this authorization.
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.
The fees for our Internet Banking service are outlined below. Fees are subject to change and proper notification of fee changes will be provided to you. These fees will be charged to your applicable Internet Banking account.
- Enrollment Fees: Enrollment Fees will be waived
- Transaction / Cycle Fees: Transactions / Cycle Fees will be waived
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:
- where it is necessary to complete transactions;
- in order to verify the existence and condition of these accounts for someone, such as a credit bureau or merchant;
- in order to comply with any legal process such as governmental agency or court orders;
- to protect or enforce our rights;
- if you give us your written permission (which may be by electronic or telecommunications transmission as well as on paper); or
- in response to a request from any bank or other company that is affiliated with us.
UNAUTHORIZED TRANSACTIONS OR LOSS OR THEFT OF YOUR LOGIN ID OR YOUR PASSWORD
If you believe your Login ID and/or password or other means of access have been lost or stolen or that someone has used them without your authorization, call us immediately at 800-391-2535 or write to us at:
First State Bank of Purdy
P.O. Box 729
Monett, MO 65708
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 sixty (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, 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.
- 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 ten (10) business days. We will tell you the results of our investigation within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will re-credit your account within ten (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 ten (10) business days, we may not re-credit your account. The time periods in the preceding paragraph will be twenty (20) business days instead of ten (10) business days, and ninety (90) business days instead of forty-five (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 three (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 thirty (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 thirty (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 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 other account agreements or services.
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. 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.
BILL PAYMENT SERVICES
If you enroll for Bill Payment, you can arrange for the payment of your current, future, and recurring bills from a designated First State Bank of Purdy checking account. You can pay any merchant or individual approved through Bill Payment except federal, state, and local tax agencies.
When Bill Payment receives payment instructions, payments will be remitted on your behalf from the funds in your designated First State Bank of Purdy checking account. Payments, and changes or cancellations of payments must be entered by 11:30 a.m. (Central Time) to be received by us on the same day. Any payments made with Bill Payment require sufficient time to be processed. YOU MUST SCHEDULE THE PAYMENT AT LEAST SEVEN TO TEN (7 TO 10) FULL BUSINESS DAYS PRIOR TO THE DATE THE PAYMENT IS DUE AT YOUR PAYEE. First State Bank of Purdy shall not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges and late fees.
If there are insufficient funds in your designated First State Bank of Purdy checking account on the payment date we may either refuse to pay the item or may make the payment and thereby overdraw the account. If your payment request is not honored because of insufficient funds in your designated First State Bank of Purdy checking account, no additional payments will be initiated from Bill Payment until your designated account is properly funded and dishonored items have been cleared. You are responsible for any loss or penalty that may occur due to a lack of sufficient funds and other conditions that may prevent the withdrawal of funds from your account.
Mobile Banking is offered as a convenience and supplemental service to our Internet Banking service. It is not intended to replace access to Internet Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to access your First State Bank of Purdy account information, make payments to payees, transfer funds and conduct other banking transactions. To utilize the Mobile Banking Service, you must be enrolled to use Internet Banking.
You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
Any deposit account, loan or other banking product accessed through this Service is also subject to the Account Agreements and Disclosures provided at the time of Account opening. You should review the Account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.
OTHER GENERAL TERMS
The first time you access First State Bank of Purdy's Internet Banking service will confirm your agreement to be bound by all the terms and conditions of this Internet Banking Agreement and Disclosure Statement.
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.