Online Access Agreement

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1 Online Access Agreement Please read this Agreement carefully before using this website and keep a copy for your records. By using this website, you agree to the terms and conditions set forth herein and in Deposit Account Agreement. These are the terms and conditions governing the use of CBI Bank & Trust s Website ( Website ), online banking services, bill payment services, and mobile banking services, collectively ( Services ). These terms and conditions are in addition to those that apply to any accounts you have with CBI Bank & Trust, and which are set out in the Account Terms and Conditions provided to you at the time you opened your deposit account. You may request an additional copy from any branch office of CBI Bank & Trust. Terms of Use of the Service CBI Bank & Trust ( Bank ) maintains this Website to provide you with information about the Bank products and services, and to facilitate communication with the Bank and associated companies. The Bank requires that all visitors to our Website adhere to the following rules and regulations. From time to time, we may revise these terms and conditions. In this Agreement, Customer, You, and Your refer to the person(s) subscribing to the Services, obtaining a User Name or Password, or using the service. The Customer agrees to the following: Copyright Copyright in the images, web pages, text and screens appearing at this Website are owned by the Bank or others as indicated. The information and materials may not be copied, displayed, distributed, downloaded, licensed, modified, published, reproduced, reposted, reused, sold, transmitted, or used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these terms and conditions, without the Bank s express written permission. Area of Service Not all of the products or Services offered on this Website are available to all customers. You may not be eligible for all of the products or services described. The Bank reserves the right to determine the eligibility for any product or Services subject only to Federal or State law. Limitation of Liability Except as otherwise provided in this Agreement or by law, we are not responsible for, and the Bank disclaims responsibility for, any loss, injury, or damage, whether direct, indirect, special or inconsequential (whether based in contract, tort, strict liability or otherwise), caused by the Website or Services or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC or equipment (even if we have been advised of the possibility of such damages), including liability associated with any viruses which may infect a user s PC or computer equipment. We will use our best efforts to include accurate and up to date information on the Website, but we make no warranties or representations as to the accuracy of the information provided by the Bank or third parties. You agree that all access and use of this Website and its contents is at your own risk. Page 1 of 7

2 Unless otherwise prohibited by law, any communication or material you transmit to us via the website or electronic mail ( ) is on a non-confidential basis, and the Bank may use such communication or material for any purpose consistent with our privacy policy including reproduction, publication, broadcast and posting. You may not transmit any obscene, libelous or defamatory messages to us. Amendment We can amend this Agreement upon notice to you, which you agree may be sent by mail, or by an announcement conspicuously displayed directly within the Website. Any notice will be effective not later than fifteen (15) days after we send or post the notice (unless a law or regulation requires a longer notice period), whether or not you have retrieved or viewed the notice by that time. We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain or restore the security of our system or an account. However, even in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you in our account records, or sent to an address at which you authorized us to send such notices and/or disclosures. New Services We may, from time to time, introduce new products and services that will be part of the Services. We may update and revise this Agreement to notify you of these new Services. By using the Website after such new services become available, you agree to be bound by the terms contained in any revised Agreement. Severability If any provision of this Agreement is void or unenforceable within any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity of such provision in any other jurisdiction or any other provision in that or any other jurisdiction. Third Parties With regard to services or products purchased or obtained by you through the Website from a person or entity other than the Bank, the Bank makes no warranty of merchantability or warranty of fitness for a particular purpose with regard to such services or products, and the Bank specifically disclaims all other warranties with regard to such services and products. Equipment You are solely responsible for the equipment you use to access the Services. We are not responsible for errors or delays or your inability to access the Services caused by your equipment or your internet or wireless service provider. We are not responsible for the cost of upgrading your equipment to stay current with the Services nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon. Waivers and Assignment Page 2 of 7

3 No waiver of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of the Bank. You may not transfer or assign your rights or duties under this Agreement. Security Procedures By accessing the Services, you hereby acknowledge that you will be entering a protected Internet website owned by the Bank, which may be used only for authorized purposes. The Bank may monitor and audit usage of the website and System, and all persons are hereby notified that use of the Services constitutes consent to such monitoring and auditing. Attempting to up-load information and/or change information on the Website is strictly prohibited. The Bank has the right to refuse any transaction if the Bank reasonably believes such refusal is necessary for security reasons. Your Password You determine what password you will use on your registration form and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to the Services will be revoked. To re-establish your authorization to use the Services, you can use the "Forgot Password?" self-reset feature of the services or contact us to have your password reset and to obtain a new temporary password. Your password must contain between 8 and 12 characters, at least 1 number, at least 1 uppercase letter, at least 1 lowercase letter, at least 1 special character (a special character is any one of the # $ % ^ & * _ + - = ( ) [ ] { } : ; `,. /?), and Password cannot contain leading or trailing blanks. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down. Online Banking You may use a Personal Computer or other device which is capable of accessing the internet to get information about your accounts, transfer funds between your accounts with the Bank, and to make payments to your loan account(s) with us. At the present time there is no fee for Online Banking, however the Bank may amend its fee schedule from time to time. Online Bill Pay You may use your personal computer or other device to electronically schedule payments with the Services. Payments will be made either electronically via ACH or by paper check issued from your account. Electronic payments will be debited from your account on the date that you scheduled the payment to arrive. Paper payments are subject to when the payee deposits the paper check. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account. You must enroll in Online Bill Pay and accept the Terms and Conditions related to that separate product. However, you will use your Online Banking User ID and Password to access Online Bill Pay. Page 3 of 7

4 Please refer to the Bank s fee schedule for pricing on Online Bill Pay. If you do not make a bill payment within any 90-day period, you will be subject to deactivation from the Online Bill Pay service. Should you be deactivated from Online Bill Pay, all bills scheduled for payment after your deactivation will not be processed. Mobile Banking You may use your cellular phone or other device to transfer funds between your accounts at the Bank, make bill payments, and to obtain information about your account(s). You may be charged access or messaging fees by your cellular phone or mobile devices provider. Not all Mobile Banking services may be available on all types of mobile devices and Mobile Banking services may not be available with all account types. You must download the Mobile Banking Application from your app store and accept the Terms and Conditions related to that separate product. You will use your Online Banking User ID and Password to access Mobile Banking. If you deactivate cellular service for the mobile phone number that you enrolled in the service, you are responsible for deactivating that same phone number for the service. At the present time there is no fee for Mobile Banking, however the Bank may amend its fee schedule from time to time. Stop-Payment Requests Stopping the payment of a check is different from the cancellation of a Bill Pay transaction. Once the Bill Pay transaction has been debited from your account or if it has been paid electronically, you CANNOT stop payment on that transaction. You may be able to stop a Bill Pay transaction paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will immediately process your stop-payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the ID number from the Bill Pay View Posting Screen. You may initiate stop-payment requests online via the Services only for paper checks you have written (non-electronically) on your BANK accounts (not Bill Payment paper drafts.) To be effective, this type of stop payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check. If you make your stoppayment request online or by telephone, we may also require you to put your request in the form of a paper writing and get it to us within 14 days after you call. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. Stop-payment charges for Bill Pay paper drafts may be assessed, in addition to the stop-payment charges for the applicable account. Error Resolution Notice In case of errors or questions about your electronic transfers, including Bill Pay transactions: Contact us as soon as you can, if you think your statement is wrong, or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared. When you contact us: 1. Tell us your name and account number. 2. Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information. Page 4 of 7

5 3. Tell us the dollar amount of the suspected error. 4. If the suspected error relates to a bill payment made via the Bill Pay Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. (This information appears on the Bill Pay View Posting Screen.) If you contact us by telephone or by ( is not a secure form of communication. Please do not include your Social Security Number or any account information), we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within 10 business days. We will determine whether an error occurred within 10 business days (5 business days for SHAZAM Chek point-of-sale transactions and 20 business days if new 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 a point-of-sale transaction, or a new account, or a foreign initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for SHAZAM Chek point-of-sale transactions and 20 business days if new account) for the amount you think is in error, so that you will have the use of the money during the time it takes for 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. Your account is a considered a new account for a period of 30 days from the date of the first deposit to the 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. Special Provisions for Optional E-Statements Online Statements Viewing your periodic statements online is a secure and convenient way to access your historical account statements. Optional Paperless Statements (E-Statements) To enroll in E-Statements and waive the mailing of your periodic paper statements simply read and accept this disclosure, then click my settings, then Update Personal Information, then Online Statement Options and select the "Waive the mailing of your monthly paper statement" option. Enrollment applies to ALL deposit accounts where you have ownership. In order to utilize this service, you will need to ensure that your computer meets the basic system requirements of: a) connectivity to the Internet; b) functioning Internet browser software such as Microsoft Internet Explorer, Mozilla Firefox, or Apple Safari, or Google Chrome, with a minimum of 128 bit encryption; and c) a valid account, address, and the ability to send and receive messages; d) Adobe Acrobat Reader is required to view PDF files. This is a free program available from the Adobe web site. Follow the download directions on the Adobe web site to get your copy of Adobe Acrobat Reader. These specifications are fairly standard for most online banking programs. A printer is also required if you want to print and retain paper copies of your statements. Upon enrollment, you will no longer receive paper statements for your account and your future account Page 5 of 7

6 statements will end on the last day of each month. After your statement is available to you, you will receive an message at the address you have provided to us. This message will notify you that your statement is available for viewing and retrieval at our secure online banking site, and it will also include any applicable legal and regulatory notices. Images of your cancelled checks from your current and your last statement cycle, if available, can also be accessed, viewed and retrieved through this site. It will be incumbent upon you to visit our secure online banking site if you wish to view and/or retrieve your statements. It will also be your responsibility to notify us promptly of any change in your address. Under normal circumstances, statements may be accessed online for a period of no more than eighteen (18) months, or in the event that an account was opened more recently than two years ago, from the date the account was opened. Cancelled check images may be accessed online from your current and your last statement cycle. Access to cancelled check images will also be limited on an item-by-item basis to those checks which are returned to us through the banking system in either paper or electronic image format, which in turn will enable us to provide you with an item image. You will still have the option to request paper statement or a cancelled check copy directly from the bank. Additional fees may apply. You can cancel E-Statements at any time. Simply log onto the Online Banking system, click My Profile, then User Options, then Online Statement Options tab, then "Online Statement Options", and finally select the "Receive your monthly paper statement" option. If you cancel the use of E-Statements, you will resume receiving paper statements for your account(s). For some types of accounts, fees or charges may apply for paper statements. Please contact the bank for details. Termination If you want to terminate your access to the Services, call us at (563) Please allow three business days to terminate your Online Bill Pay or Mobile Banking enrollment. RECURRING TRANSFERS BETWEEN BANK ACCOUNTS WILL NOT NECESSARILY BE DISCONTINUED BECAUSE YOU TERMINATE ACCESS TO THE SERVICES. IF YOU WANT TO MAKE SURE THAT RECURRING TRANSFERS BETWEEN ACCOUNTS ARE STOPPED, YOU MUST CONTACT THE CUSTOMER SERVICE CENTER. We reserve the right to terminate the Services, in whole or in part, at any time with or without cause and without prior written notice. In that event, or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend the Services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated attempts to enter an incorrect User Code or Password as an indication of attempted security breach. Termination of the Services does not affect your obligations under this Agreement with respect to occurrences before termination. Entire Agreement This Agreement, together with the Deposit Account Agreement, constitutes the entire agreement between you and the Bank. Governing Law Page 6 of 7

7 You agree that all applicable Federal laws and the laws of the State of Iowa shall govern your use of this Website and all transactions conducted hereunder. You acknowledge that you have reviewed this Agreement, understand the terms and conditions set forth herein, and agree to be bound hereby. Page 7 of 7

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