ONLINE BANKING SERVICES AGREEMENT
This Agreement describes your rights and obligations as a user of Central Bank's Online Banking Service ("Services"). It also describes the rights and obligations of Central Bank. Please read this Agreement carefully. By requesting and using these Services, you agree to comply with the terms and conditions of this Agreement.
SECTION 1. DEFINITIONS The following definitions apply in this Agreement:
"Account" means a checking, N.O.W., savings or money market deposit account that you have with the Bank for personal, family or household use. Account also includes any loans you may have with us such as consumer loans, residential mortgage loans and personal lines of credit.
"Account Access" means your ability to access account and transaction information for Online Accounts and transfer funds between eligible Online Accounts through the Internet.
"Account Agreement" means the agreements between you and us that governs the use of your Accounts, including the deposit account agreement, any funds availability agreement, electronic fund transfer agreement or disclosure, line of credit agreements, and schedule of fees and charges.
"Authorized User" refers to a person who is a common owner of all Online Accounts.
"Banking Day" shall refer to any day on which the Bank is open to the public during any part of such day for carrying on substantially all of its banking functions. However, for the purposes of this Agreement, Saturday is not a Banking Day.
"Bill Payment Account" means the Online Account you have authorized us to debit for payments made to Payee(s) in connection with the Bill Payment Service.
"Bill Payment Service" means our service that allows you to pay funds to designated Payees based upon your instructions to us via the Internet.
"Billing Account" or "Designated Account" means the Online Account that you have authorized us to charge for all fees and charges associated with the Online Banking Services.
"Electronic" means electrical, digital, magnetic, wireless, optical or electromagnetic technology, or any other technology that entails similar capabilities.
"Online Banking Services" means collectively Account Access Services, Bill Payment Services and other online services as they may be offered by the Bank.
"Online Accounts" means those Accounts that you have elected to be accessed through Online Banking Services via the Internet.
"Password" means the confidential identification number selected by you for identification purposes in connection with the use of Online Banking Services.
"Time of day" references are to Mountain Standard Time or Mountain Daylight Time, as applicable.
"Transfer" means any electronic banking transaction, including a deposit, withdrawal or bill payment made electronically.
"You" and "Your" refer to the Customer who requests the Online Services as well as any person authorized by the Customer.
"We," "us", "our"or "bank"refer to Central Bank which offers the Online Banking Services and which holds the accounts accessed by the Online Banking Services.
SECTION 2. ACCESS TO BANKING SERVICES
In order to activate your Online Banking Services, you must complete and return an Online Banking application. Although all owners of each Online Account must sign the application, only Authorized Users may access online accounts . At the time of your initial access of Online Banking Services, you will be prompted for several key pieces of information that allow the Online Banking System to authenticate you. You will then be allowed to define a Password . You should keep your Password in a secure location. Any person having access to your Online Banking Services ID and Password will be able to access the Online Banking Services and perform all transactions, including reviewing Online Account information and making payments to other persons, for all accounts you have linked for Online Access.
You will gain access to your Online Banking Services through the use of your internet-enabled device, your Internet Service Provider, your Password, and your internet banking services ID.
Linking Your AccountsYou must provide us with the account numbers for each of the Accounts your are wanting to access. Your password will access all accounts that you have requested to be linked for Online Banking purposes.
You agree to assume responsibility for all transactions up to the limits allowed by applicable law.
Equipment and Software RequirementsTo use the Online Banking Services, you need a computer with a modem and a web browser (such as Netscape Navigator®, Microsoft Internet Explorer® or an equivalent). You are responsible for the set-up and maintenance of your home computer and modem. We are not responsible for any errors or failures from any malfunction of your computer or any virus or other problems related to the use of the Online Banking Services. In order to access the Services, you will be required to use a web browser which uses encryption technology. Netscape's Navigator Version 4 or Microsoft's Internet Explorer Version 4 are the minimum required versions. The Bank suggests that you use the most recent version of Microsoft's Internet Explorer or Netscape's Navigator in order to benefit from the strongest encryption technology available.
We are not responsible for any error, damages or other loss you may suffer due to malfunction or misapplication of any system you use, including your browser (Netscape Navigator®, Microsoft Explorer® or otherwise), your Internet Service Provider, your software, or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access Internet Services or communicate with the Bank.
SECTION 3. USE OF YOUR SECURITY PASSWORD
Authorized Use of Services by Other Persons.You are responsible for keeping your Password and account data confidential. We are entitled to act on transaction instructions received using your Password, and you agree that the use of your Password will have the same effect as your signature authorizing the transaction. If you authorize other persons to use your Password in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization and changed your Password, and you are responsible for any transactions made by such persons until you notify us that transfers by that person are no longer authorized and we have a reasonable opportunity to act upon the change of your Password SECTION 4. IF YOUR PASSWORD HAS BEEN LOST OR STOLEN
If your Password has been lost or stolen, call us immediately at 1-801-375-1000, 8:00 AM - 5:00 PM (MST) on any Banking Day. Telephoning us is the best way of minimizing your losses.
If you believe your Password has been lost or stolen and you tell us within two (2) Banking Days after you learn of the loss or theft, you can lose no more than $50 if someone uses your Password without your permission.
SECTION 5. BANKING TRANSACTIONS WITH INTERNET ACCOUNT ACCESS
In addition to viewing account information, you may use online Account Access to transfer funds among your deposit accounts as well as initiate loan payments to linked loan accounts. NOTE: Because regulations require us to limit pre-authorized transfers (including online banking Transfers), the following limitations apply:
New services may be introduced for online Account Access from time-to-time. We will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules which will be made available to you concerning these services.
You may transfer funds through the Online Banking Services in any amount. We deduct the amount of your fund transfer from your Account on the date you instruct us to process it. We may refuse to act on your fund transfer instruction if sufficient funds, including funds available under any overdraft plan, are not available in your account on the date you want us to transfer funds.
SECTION 6. BILL PAYMENT SERVICE
The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated Bill Payment Account to third parties you wish to pay. Your Bill Payment Account must be a checking account. Through the Bill Payment Service, you can pay bills from your Bill Payment Account to businesses or individuals. You may initiate bill payments in any amount from $1.00 to $9,999.00.
All payments you make will be deducted from the account that you designate as your Bill Payment Account for the Bill Payment Service. Any payments you wish to make through this service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time- to-time.
You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.
Funds must be available in your Bill Payment Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-banking day (Saturday, Sunday or a holiday), funds must be available in your Bill Payment Account the following Banking Day. After funds are withdrawn from your Bill Payment Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.
You may choose to schedule payments to recur in the same amount at regular weekly, semi-monthly or monthly intervals. When you create a new payee in the Bill Payment Service, the payee has a temporary status until we have had sufficient time to set up the account, and for your business payees, to verify information about your account. You should schedule a payment to a new payee at least ten (10) Banking Days before any payment due date.
For all subsequent payments, you agree to allow at least ten (10) Banking Days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If you do not, you will be fully responsible for all late fees, finance charges or other action taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, we will work with the payee on your behalf to attempt to have any late fees or charges reversed.
We are only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will not be liable in any way for damages you incur if you do not have sufficient funds in your Bill Payment Account to make the payment on the processing date, for delays in mail delivery, for changes to the payee's address or account number unless you have advised us of the change sufficiently in advance, for the failure of any payee to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond our control.
If the session during which you schedule a payment or transfer ends by 2:00 PM (MST), we will consider to have received it on that day. Otherwise, it will be considered received on the following Banking Day. For all entries made using the Bill Payment Service the time recorded by the Bill Payment Service controls.
If your Bill Payment Account does not have sufficient funds to make a payment as of the date the transfer or payment is attempted or scheduled to be made, the transfer or payment will be canceled and no further attempt will be made by us to make the transfer or payment. We will attempt to notify you by e-mail or U.S. Postal Mail, but we shall have no obligation or liability if it does not complete a transfer or payment because there are insufficient funds in your account to process a transaction. In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through the Service. In the case of fixed payments, only the payment currently scheduled will be canceled. Fixed payments scheduled for future dates will not be affected.
The way to cancel or change a payment is to use the Service. Payments must be changed or canceled using the Service prior to 2:00 PM (MST) on the Banking Day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we may charge you a stop payment fee. Stop payment orders, whether oral, written or electronic, will be in effect for a period of six (6) months. If requested by us, you will confirm any stop payment order in writing. After six (6) months, any stop payment will terminate and must be renewed in order to continue in effect. We may pay any item that is presented following the lapse of any stop payment order.
We process the payments you make through Banking Services in one of the following ways:
We may send payments through an electronic transmission to the payee. Payees who receive electronic delivery will receive your payment information, including your account number, through a computer link. Payments made electronically are generally received and credited by most payees within two business days.
We may send payments by a bank check mailed to the payee. When more than one customer schedules a payment to the same payee on the same date (which frequently happens), we may issue a consolidated check to the payee with an accompanying paper list of each customer by name, of each account number to be credited, and of the amount of each payment. We send all checks through the U.S. mail. Payments made with a bank check are generally received and credited by most payees within five to ten business days.
However, from time to time we may receive instructions from a payee that direct us, in order to ensure the timely processing of your payment, to send your payment to an address other than the one that you provided us, or that direct us to make your payment electronically rather than by check, to an account owned by the payee at another financial institution. When we receive such payment instructions from the payee, we may follow those instructions, to help ensure that our payment is received by the payee and promptly credited to your account.
SECTION 7. ELECTRONIC MAIL
We will not immediately receive electronic mail (e-mail) that you send to us. You should not rely on e-mail if you need to communicate with us immediately, i.e., if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.
If you send us an electronic mail message, we will be deemed to have received it on the next Banking Day. We will have a reasonable time to act on your e-mail.
You agree that we may respond to you by e-mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such e- mail sent to you by us shall be deemed received within three (3) days of the date sent by us.
SECTION 8. OTHER AGREEMENTS
In addition to this Agreement, you and we agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the online Banking Services is your acknowledgment that you have received these agreements and intend to be bound by them.
You shall review other disclosures received by you when you open your accounts with us including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement.
We will automatically deduct the fees related to this Service from your Bill Payment Account each month.
SECTION 9. HOURS OF OPERATION
Online Banking Services are generally accessible 24 hours a day, seven days a week, except that Services may be inaccessible for a reasonable period for system maintenance. We are not liable under this Agreement for failure to provide access due to a system failure or due to other unforeseen acts.
We may modify, suspend or terminate access to the Online Banking Services at any time and for any reason without notice or refund of fees you have paid.
For purposes of transactions, our Banking Days are Monday through Friday, excluding Federal holidays.
Our day begins at 8:00 AM . All Online Banking transaction requests received after 4:00 PM on Banking Days and all transactions which are requested on Saturdays, Sundays or holidays on which we choose to remain closed, will be processed on the next Banking Day. SECTION 10. MODIFICATIONS TO THIS AGREEMENT
We may modify the terms and conditions applicable to our Services from time- to- time upon mailing or delivering a notice of the modifications to you at the address shown on our account records and the revised terms and conditions shall be effective at the earliest date allowed by applicable law.We may send any notice to you via electronic mail and you will have be deemed to have received it three days after it is sent.
We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
SECTION 11. ERRORS AND QUESTIONS
In case of errors or questions regarding an Online Banking or Bill Payment transaction, notify us immediately by calling us, 8:00 AM to 5:00 PM on any Banking Day at 801-375-1000 or writing us at:
Online Banking Department
75 North University Avenue
Provo, Ut 84601
You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you.
Furthermore, we must hear from you at the specified telephone number or address no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need:
If your report is made orally, we may require that you send the complaint or question in writing within ten (10) Calendar Days. We will notify you with the results of the investigation within ten (10) Calendar Days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) Calendar Days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) Calendar Days, we may not credit your account until the investigation is completed.
If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are twenty (20) Calendar Days (instead of 10) and ninety (90) Calendar days (instead of 45).
If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation.
You agree that we may respond to you by electronic mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by us shall be deemed received within three (3) days of the date sent by us.
SECTION 12. STATEMENTS
You will continue to receive your regular monthly account statement, depending on the type of account.
SECTION 13. OUR LIABILITY FOR FAILURE TO MAKE A TRANSFER
Except as provided for in section 7, if we do not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for the amount of any losses or damages incurred by you and resulting directly from such failure. We will not be liable in the following instances:
If through no fault of our own, you do not have enough money in your account to make the transfer;
If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken;
If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy;
If your funds are subject to legal process or other encumbrance restricting the transfer;
If your transfer authorization terminates by operation of law;
If you believe someone accessed your accounts without your permission and you fail to notify us immediately;
If you have not properly followed the scheduling instructions on how to make a transfer included in this Agreement
If we have received incomplete or inaccurate information from you or a third party involving the account or transfer;
If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under the Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
There may be other exceptions stated in this agreement and in other agreements with you. IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES IN EXCESS OF YOUR ACTUAL LOSS DUE TO OUR FAILURE TO COMPLETE A TRANSFER, AND WE WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
If any of the circumstances listed in subsections (b) or (h) shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
SECTION 14. LIMITATION OF LIABILITY
Disclaimer of Liability.You are responsible for the correct set-up and installation of software required to access the Internet. Neither the Bank nor any of the Bank's service providers are liable for damages (whether direct, indirect, special or consequential or otherwise), including economic, property, personal, or other loss or injury, whether caused by hardware or software or system-wide failure, arising or resulting from the installation, use or maintenance of the equipment, software or other items necessary to operate Online Banking Services.
Disclaimer of Warranties.
_ Warranties of Fitness and Merchantability.
NEITHER THE BANK, ANY SOFTWARE SUPPLIER NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
_ Computer-related Warranties.
Neither the Bank nor any software supplier nor information provider is liable for any computer virus or software-related problems which may be attributable to the services provided in connection with the Online Banking Services.
SECTION 15. DISCLOSURE OF INFORMATION TO THIRD PARTIES
We will disclose information to third parties about your account or the transfers you make:
Where it is necessary for completing transfers;
In order to verify the existence and condition of your account for a third party, such as a credit
bureau or merchant;
In order to comply with government or court orders, or other reporting requirements;
If you give us your written permission;
To our affiliated companies.
Information concerning your account history with us will be shared within our organization. Other information, including information you have given us as part of an application for one of our products or services, or information we have received from a credit bureau or other third party, also may be shared among affiliated companies within our organization.
SECTION 16. INACTIVITY AND TERMINATION
You are responsible for complying with all the terms of this Agreement and with the terms of the Account Agreements governing the deposit accounts which you access using electronic banking services. We can terminate your electronic banking privileges (including the Bill Payment service) under this Agreement without notice to you if you do not pay any fee required by this Agreement when due, or if you do not comply with the agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing, or your online banking accounts have not been accessed for three months. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.
To cancel the Online Account Access Services and/or Bill Payment Service, you must notify us and provide your name; address; whether you are discontinuing Online Account Access, Online Bill Payment or both; and the effective date to stop the service. When Bill Payment is terminated, you must delete prescheduled bill payments made through Online Account Access. Your final charge for the Bill Payment Service will be assessed at the end of your statement cycle. You may notify us by one of the following methods:
Internet Banking Department
75 North University Avenue
Provo, Ut 84601
SECTION 17. FEE SCHEDULE
We offer the benefits and convenience of the Online Banking service to you free. You will be charged a fee of $4.95/month for the Bill Payment Service for the first 20 transactions. There will be an additional charge of $.40 per transaction for each transaction in excess of 20. The fee will be deducted automatically from the Bill Pay account you specify. There is a 25.00 fee for each Bill Payment transaction when there are in-sufficient funds in your account on the date the payment is scheduled to be made/sent. You may also be subject to a one-time set-up fee. Other Misc Fees; Stop Payment Fee-$20.00; Research Request For Copy of Cancelled Check - $10.00 Per Copy.
The accounts accessed through Online Account Access are subject to normal fees identified in the Account Agreements available for each account.
SECTION 18. GOVERNING LAW, LITIGATION AND ARBITRATION
This Agreement has been delivered to us and accepted by us in the State of Utah . Subject to the provisions of the next paragraph, any action or suit brought in connection with this Agreement or the transactions contemplated herein may be brought in the State or Federal courts of record having jurisdiction in Utah County, Utah, the parties hereto irrevocably submitting and consenting to the non-exclusive jurisdiction of each thereof, and each party irrevocably waives, to the fullest extent it may effectively do so under applicable law, any objection it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that the same has been brought in an inconvenient forum. IN THE EVENT OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREIN, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE, YOU AND WE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ALL RIGHTS TO A TRIAL BY JURY AND AGREE THAT YOU OR WE MAY FILE A COPY OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE FOREGOING WAIVER.