PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.

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1 PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS. Farmers & Merchants Savings Bank Online Banking Agreement 1. The Service. In consideration of the Online Banking services (hereinafter referred to as "Service") provided by Farmers & Merchants Savings Bank of Waukon, Iowa (hereinafter referred to as "FMSB, Bank, we, us, or our"), the Customer and FMSB agree as follows: In this agreement, "Customer," you, your, or yours refers to the account holder or authorized individual(s) subscribing to or using the Service. Customer may access this Service by connecting remotely with a computer or other compatible device (hereinafter referred to as Device ) to: obtain account balances; review transaction information; access statements; transfer money between accounts; make payments to third parties; and request certain other bank services. Customer access to the Service will be activated after approval of an enrollment request. The approval of an enrollment request shall be at FMSB s discretion. Customer, by making an enrollment request, agrees that upon enrollment: that is an acceptable form of delivery for notices, disclosures and/or amendments to this Agreement; that Customer is responsible for printing and/or downloading account statements from the Online Banking Service or as provided electronically in lieu of statements being mailed; that when any payment or other online service generates items to be charged to Customer s account, FMSB may debit the designated account(s) without requiring Customer s signature on the item and without any notice to the Customer; That Customer will be subject to the terms or instructions appearing on the screen when using the Service; and That all and/or any portion of the Service may be terminated or become or made unavailable on a temporary or permanent basis. This Agreement supplements any other agreements or disclosures related to Customer s account(s). All of the terms, conditions, agreements, representations, schedules, disclosures, and fees set forth in or associated with such other agreements and signature cards remain in full force and effect. For all non-personal accounts, FMSB will require the governing body of the entity (Entity) subscribing to the Service to provide a separate authorization indicating who is authorized to act on its behalf. In providing such authorization(s), Entity bears sole responsibility to notify the Bank of any change in authorized individuals that may impact access to the Service. Written notice may be required to change authorizations. FMSB bears no obligation to monitor transactions to determine that they are on the Customer s or Entity s behalf. By using the Service, all authorized Customers assume the entire risk of loss and indemnify and hold FMSB, its directors, officers, employees and agents harmless from any and all loss, liability, claims, demands, judgments and expenses arising out of or in any way related to such use. 2. Enrollment Customers requesting authorization for internet banking privileges should complete the Online Enrollment Form and submit the form to FMSB for further processing. Completion and submission of this form for use of the Internet Banking Service signifies agreement by the owners and authorized signatories of such accounts to the terms and conditions set forth in this Online Banking Agreement. 3. Business Days and Hours of Operation. The online Service is normally available 24 hours a day, seven days a week, for the scheduling of payment orders and transfers. However, at certain times, some or all of the online Service may not be available due to 1

2 system maintenance, security concerns, interruptions of communications or other reasons. During these times, you might be able to use a Bank ATM or contact FMSB to conduct your transaction(s). Payment orders and transfers must be scheduled by the cut-off time of 6:00 p.m. (Central Standard Time or Daylight Savings Time) on any business day in order for the transaction to be processed on that business day, although processing on that business day cannot be guaranteed. All transactions completed after 6:00 p.m. (Central Time) on a business day or on a weekend or bank holiday will generally be posted on the next Business Day. Our business days are Monday thru Friday, excluding Saturday, Sunday, and bank holidays. 4. Customer s Access/User ID and Password (Credentials) Each Customer who has access to FMSB's Service must designate an Access/User ID and password (credentials). Customer s Access/User ID must be a minimum of 6 characters, up to a maximum of 17 characters, and is case sensitive. Customer s password must be a minimum of 8 characters, up to a maximum of 17 characters. The password is case sensitive and any combination of alpha or numeric characters can be used. The Service allows Customer to change Customer s password. FMSB may also require Customer to change Customer s password from time to time or on a regular basis to enhance security. It is Customer s responsibility to keep Customer s password confidential. Any password assigned Customer by FMSB will be usable only once and shall be considered a temporary password. Customer will be required to change the temporary password the first time Customer uses it to enter the system. FMSB may accept as authentic any instructions given to FMSB through the use of Customer s credentials. Customer agrees that if Customer fails to secure their credentials Customer will be responsible for all such action taken in connection with the account. In the event Customer s credentials have been lost, stolen or compromised, Customer agrees to NOTIFY FMSB IMMEDIATELY. 5. Bill Payment The bill payment service is available only in conjunction with checking accounts. Customers choosing to utilize the bill payment services will be required to review and agree to the additional Terms and Conditions of the Bill Payment Service currently offered by FMSB through CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc. CheckFree Services (BillPay) currently allows payments to third parties, person-to-person payments (Popmoney ), and account to account (A2A) transfers. There may be a charge for additional transactions and other optional services in conjunction with the use of the bill payment service. Customer agrees to pay such charges and authorizes the Service to deduct the calculated amount from the designated account(s) for these amounts and any additional charges that may be incurred. Any service charges and/or fees associated with Customer s standard deposit accounts will continue to apply. Customer is responsible for any and all telephone, internet and/or other fees that may be incurred by Customer in accessing Customer s account(s). Customer may use an appropriate Device to access the Service, enroll in the BillPay Service, and to authorize a payment from Customer s account. After Customer s instruction is received, payment will be made either by transferring funds electronically from Customer s account to the payee or by preparing a paper check to the payee via first class mail. The funds will be debited from Customer s account on the scheduled payment date (for paper checks, the payment date is when the check is presented for payment). Payment will normally be sent within 48 hours of the selected payment date. Customer, by entering and transmitting payment instructions, authorizes FMSB to withdraw funds from Customer s account(s) accordingly. These funds will be taken from Customer s account(s) on the day of the scheduled payment. If there are insufficient funds in the account to make payments authorized by Customer, one attempt will be made on the next business day after the failed attempt to fund the payment. Customer is responsible for any non-sufficient funds ( NSF ) or overdraft charges the Bank may impose, as stated in the deposit agreements governing your accounts. FMSB reserves the right to refuse to honor payment requests if FMSB has any concern that the transaction may be fraudulent, incomplete, erroneous, prohibited by any laws, rules, regulations, directives, or if Customer did not follow the Bank s instructions for the BillPay Service. 2

3 Customer also understands that FMSB will not be able to execute any bill payment if the payee cannot, will not, or refuses to accept such payment. Customer also understands that the BillPay Service can only be used to make payments to payees within the United States (with a U.S. address). While most payments can be made using BillPay, the Service reserves the right at its sole discretion to refuse to pay certain payees. FMSB also reserves the right in its sole discretion to terminate the Customer s use of the BillPay Service at any time with or without notice or cause. 6. Mobile Banking Customers may access the Online Banking Service with their mobile device. When the Customer logs into the Service for the first time, Customer will have an opportunity to enroll into the mobile banking application. If the Customer does not initiate the enrollment during their initial login to the Service, Customer may enroll at a later time using the User Options tab within the Service. Customers should review the additional Terms and Conditions for Mobile Banking before accepting and enrolling in this service. Customer s mobile service provider is not the provider of the Service. Users of the Service may receive text messages relating to payment instructions and other notices from time to time if a mobile phone number is provided. Data and messaging charges from Customer s mobile service provider may apply, and Customer is solely responsible for any such charges. In the event Customer s enrolled mobile device is lost, stolen or missing, then Customer agrees to promptly update Customer s enrollment information and make the appropriate changes to disable the use of such Device. Customer understands that there are risks associated with using a mobile device and that in the event of matters such as theft, loss, other intrusion or hacking, Customer s confidential information could be compromised. If a customer has questions about mobile service, Customer may send a text message with the word HELP to this number: To stop receiving text messages on your mobile device, text STOP to this number: Notice of Responsibility. By using the Service, Customer is requesting FMSB to allow online or other electronic access to Customer s accounts, which may include the implementation of transfers/payments based on Customer s instructions. FMSB will not be liable for any losses or damages which may be incurred by Customer in connection with the Services, which include but are not limited to the following: a) If Customer does not maintain an adequate available balance in Customer s account to complete a transaction; b) If the funds in Customer s account are subject to legal restrictions, holds, encumbrances, or other matters restricting transfer; c) If the transfer would exceed the credit limit on Customer s designated line of credit and/or available balance of auto transfer deposit account (if any), or exceeds the limits within the Service; d) If the system was not working properly, whether or not Customer knew or should have known about such problem or the system outage; e) If circumstances beyond FMSB s control (such as fire, flood, security breach, or systems failure) prevent the transfer; f) If there is any interruption of service due to hardware, software, internet and/or other connection problems; g) If Customer fails to properly install and maintain necessary software on Customer s Device; h) If Customer s Device was not functioning properly at the time Customer initiates a transaction; i) If there is any disruption of telecommunication service; j) If Customer fails to follow instructions for making a transfer or payment, or supply correct and complete information to properly execute a transaction; k) If the payee, mail service, or other delivery system mishandles or delays handling payments sent by the bill payment service; l) In the event of any other failure to provide the Service. FMSB reserves the right in its sole discretion to terminate Customer s use of the Service at any time with or without notice or cause. 3

4 FMSB does not assume any other liability or otherwise guarantee the security of information in transit to or from FMSB s facilities or to or from its computer service provider. Please note that FMSB reserves the right: a) to monitor and/or record all communications and activity related to the Service; b) to require verification of all requested transfers in the manner FMSB deems appropriate before making the transfer (which may include written verification by Customer). 8. Notification. All payments, transfers, and/or fees paid with the Service will appear on Customer s account statement. The date of the payment, description, and payment amount will be shown for each payment made through the Service during the statement period. By signing this Agreement and using this Service, Customer agrees that any notice or other type of communication provided to Customer pursuant to the terms of this agreement and any future disclosures required by law, including electronic funds transfer disclosures, may be made electronically within this Service or by . It is the responsibility of the Customer to read and abide by all agreements and any modifications thereto, and to provide FMSB with Customer s current address and to notify FMSB immediately of any change thereof. 9. Fees and Charges Fees for the Service shall be payable in accordance with those established by Farmers & Merchants Savings Bank, as may be amended from time to time. Payments and transfers using the online Service will be counted as debits when calculating the Customer s service charges as outlined on related account disclosures. Charges shall be automatically deducted from Customer's Account. Farmers & Merchants Savings Bank will provide to Customer notice of such debit(s) on Customer s statement. 10. Equipment and Internet Connection. Customer is solely responsible for the equipment including installation, maintenance, and operation of Customer s Device and software used to access the Service. FMSB is not responsible for errors or delays or Customer s inability to access the Service whether or not caused by FMSB s, the Service s, or Customer s equipment, software or systems. FMSB shall not be and is not responsible for the cost of upgrading Customer s equipment to stay current with the Service nor is FMSB responsible, under any circumstances, for any damage to Customer s equipment, software, or the data resident thereon. FMSB is not responsible for any virus, malware or other risks that Customer may encounter. FMSB encourages its Customers to routinely scan the Device(s), hard drives, diskettes and other storage devices using a reliable updated antivirus product to detect, repair and/or remove any viruses, malware or other risks. Farmers & Merchants Savings Bank is not responsible for establishing or maintaining the Customer s connection to the ISP or data provider to use the Service or for any interruption of Service during use. If Customer suspects any technical difficulties in Customer s hardware, software and/or internet connection while using the Service, it is recommended that Customer access the Service the following business day to ensure that transactions have been posted to Customer s account as initiated. 11. Security Procedures. By accessing the Service, Customer hereby acknowledges that Customer will be entering a protected web site owned by FMSB, which may be used only for authorized purposes. FMSB may monitor and audit usage of the System, and all persons are hereby notified that use of the Service constitutes consent to such monitoring and auditing. Unauthorized attempts to upload information, to download unauthorized information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act and/or any other applicable laws, rules, regulations or directives. 12. Notice of Customer s Responsibilities. Customer agrees that FMSB and its service provider s records will be final and conclusive as to all questions concerning whether or not Customer s credentials were used in connection with a particular transaction. If any unauthorized use of Customer s credentials occurs, Customer agrees to: a) cooperate with FMSB, its service providers and law enforcement authorities in identifying and prosecuting the perpetrator; and b) provide reasonable assistance requested by FMSB in recovering any unauthorized transfer of funds. 4

5 Customer agrees to NOTIFY FMSB IMMEDIATEDLY if Customer believes or suspects that Customer s password has been lost, stolen or compromised. Federal law governs limits to the liability incurred by Customer if a password is stolen or an illegitimate transfer is made. If Customer notifies FMSB in writing within two (2) business days, Customer can lose no more than $50. If Customer does NOT tell FMSB within two (2) business days after Customer learns of the loss or theft of Customer s password and FMSB can prove it could have stopped someone from using Customer s password without Customers permission if Customer had told FMSB, then Customer could lose as much as $500. Also, if Customer s statement shows transfers that Customer did not make, Customer should notify FMSB at once. If Customer does not notify FMSB in writing within sixty (60) days after the statement was mailed or delivered electronically to Customer, Customer may not get back any money Customer lost after the 60 days if FMSB can prove that Bank could have prevented someone from taking the money if Customer had told FMSB in time. If Customer believes Customer s password has been lost, stolen, otherwise compromised or that someone has transferred or may transfer money from Customer s account without Customer s permission, call (563) during normal business hours. FMSB CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E- MAIL. 13. Errors and Questions. In case of errors or questions about Customer s electronic transactions, telephone FMSB at (563) from 8:30 a.m. to 6:00 p.m. (Central Time) Monday or 8:30 a.m. to 3:30 p.m. (Central Time) Tuesday through Friday (excluding bank holidays) or contact FMSB as soon as Customer can, at: Electronic Banking Department Farmers and Merchants Savings Bank 201 W Main St, PO Box 9 Waukon IA (*Note: PO Box number must be included if contacting Bank via USPS) If Customer thinks Customer s statement or receipt is wrong, or if Customer needs more information about a transaction listed on the statement or receipt, Customer should contact FMSB at the above address no later than sixty (60) days after FMSB sent Customer the FIRST statement on which the problem or error appeared. Customer will need to: a) Tell FMSB Customer s name and Account number (if any); b) Describe the error or the transaction Customer is unsure about, and explain as clearly as Customer can why Customer believes it is an error or why Customer needs more information; and c) Tell FMSB the dollar amount of the suspected error. If Customer tells FMSB verbally, FMSB may require Customer to send FMSB Customer s complaint or question in writing within ten (10) business days. FMSB will determine whether an error occurred within ten (10) business days, (20 business days if the transfer involved a new account) after FMSB hears from Customer and will correct any error promptly. If FMSB needs more time, however, FMSB may take up to forty-five (45) days (90 days if the transfer involved a new account) to investigate Customer s complaint or question. If FMSB decides to do this, FMSB will credit (as a provisional credit) Customer s account within ten (10) business days (20 business days if the transfer involved a new account) for the amount Customer thinks is in error, so that Customer will have use of the money during the time it takes FMSB to complete its investigation. If FMSB asks Customer to put Customer s complaint or question in writing and FMSB does not receive written notice within ten (10) business days; FMSB may not provide provisional credit to Customer s account. An account is considered a new account for 30 days after the first deposit is made, unless each Customer had an established account with FMSB before the account was opened. FMSB will tell Customer the results within three business days after completing its investigation. If FMSB determines there was no error, FMSB will reverse the previously credited amount, if any, and FMSB will send Customer a written explanation. Customer may ask for copies of the documents FMSB used in its investigation. 14. Electronic Funds Transfer Act (EFTA) and Reg. E. The EFTA and Regulation E may govern some of Customer s accounts if such accounts are considered EFTA accounts. In general, the EFTA and Reg. E govern accounts established by a natural person primarily for personal, family or household purposes. The terms and disclosures provided in conjunction with the Service apply to accounts governed by the EFTA and Reg. E. With respect to EFTA Accounts, if there is any conflict 5

6 between these disclosures and terms set forth elsewhere in this Agreement, these disclosures shall control. The EFTA and Reg E disclosures do not apply to accounts that are not EFTA Accounts. 15. Privacy and Confidentiality. Account information includes information you provide to FMSB in connection with your accounts and the online banking service. The privacy of our customers and the confidentiality of the personal information provided to FMSB by our customers is important. The Bank s Privacy Statement is available online at and on the screens Customer accesses to use the online banking service. A copy of the Privacy Statement is also available by request at 201 West Main St, PO Box 9, Waukon, Iowa, or by calling Federal law requires FMSB to tell you how we collect, share, and protect your personal information. The types of personal information we collect and share depend on the product or service you have with us. FMSB may disclose information to third parties about Customer s account or the transactions Customer makes: a. where it is necessary or desirable for completing transactions or resolving errors involving the Service; b. in order to verify the existence or condition of Customer s account for a third party, such as a credit bureau or merchant; c. in order to comply with applicable law, governmental agency rules, regulations and directives and Orders of courts or other administrative or quasi administrative bodies, including arbitration/mediation types of determinations; d. if permission is given by Customer to the Bank. Customers may review FMSB s policy and practices with respect to your personal information at or we will mail you a free copy upon request if you call us at Authorization to Obtain Information. Customer agrees that FMSB may obtain and review Customer s credit report from a credit bureau, similar entity or other source. Customer also agrees that FMSB may obtain information regarding Customer s Payee Accounts in order to facilitate proper handling and crediting of Customer s payments. 17. Termination. If Customer wants to terminate Customer s access to the Farmers & Merchants Savings Bank's Service, call the Bank at (563) Upon receipt of Customer s call, FMSB may request a written termination authorization of Customer s request including date of request and Customer s signature. If a written request is made, termination may not be completed until the signed request is returned to FMSB. In order to avoid imposition of fees and recurring payments from being debited from Customer s Account, FMSB must receive Customer s authorization to terminate three (3) days before Customer s service charge or recurring payment is scheduled to process. RECURRING TRANSFERS WILL NOT NECESSARILY BE DISCONTINUED BECAUSE CUSTOMER TERMINATES ACCESS TO THE SERVICE. IF CUSTOMER WANTS TO MAKE SURE THAT RECURRING TRANSFERS BETWEEN ACCOUNTS ARE STOPPED, CUSTOMER MUST FOLLOW THE PROCEDURES SET FORTH IN THE BILL PAYMENT SERVICE TERMS AND CONDITIONS. FMSB reserves the right to terminate the Farmers and Merchants Savings Bank's Service, in whole or in part, at any time with or without cause and with or without prior notice. In that event, or in the event that Customer gives FMSB a termination notice, FMSB may (but is not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. FMSB also reserves the right to temporarily or permanently suspend the Service in situations deemed appropriate by FMSB, in its sole and absolute discretion, including when FMSB suspects or believes a breach of system security has occurred or is being or may be attempted. FMSB may consider repeated incorrect attempts to enter Customer s password as an indication of an attempted security breach. Termination of the Service does not affect Customer s obligations under this Agreement with respect to occurrences before termination. 18. Limitation of Liability. Except as otherwise provided in this Agreement, FMSB is not and shall not be responsible for any loss, injury, or damage, whether direct, indirect, punitive, special, consequential, or otherwise caused by, arising out of or related to FMSB, the Farmers & Merchants Savings Bank s Service or the use thereof or in any way related to the installation, operation, or maintenance of Customer s DEVICE, Customer s service and all access used by customer to connect to the service, whether or not any claim for such damages is based on tort, contract or otherwise; or based on the claim that FMSB knew or should have known the likelihood of any such damages. 6

7 19. Waivers. No waiver of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of Farmers & Merchants Savings Bank. 20. Assignment. Customer may not transfer, assign or delegate Customer s rights, claims or duties under this agreement. 21. Governing Law. Regardless of where you live or work or where you access the Service, the laws of the state of Iowa and the federal laws of the United States of America, shall govern this Agreement and all transactions hereunder. Customer acknowledges that Customer has reviewed this Customer Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby. 22. Amendments. This Agreement may be amended at any time by FMSB. Customer hereby agrees that any notice or other type of communication provided to Customer pursuant to the terms of this Agreement and any future disclosures required by law, including electronic funds transfer disclosures, may be made electronically by or by posting the notice on FMSB s website (www.fmsb4me.com). FMSB does not need to provide Customer with any prior notice where an immediate change in the terms or conditions of this Agreement is desirable or 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, FMSB will provide Customer with a notice as previously described. Notices mailed or delivered to Customer under this paragraph will be considered effective if mailed to the most recent address of record on Customer s Account, or address that Customer authorized for receipt of such notices and/or disclosures. Any use of the online service after the change(s) take(s) effect will constitute Customer s agreement to the changes. 23. Indemnification. Customer, in consideration of being allowed access to the Farmers & Merchants Savings Bank online banking Service, agrees to indemnify and hold Farmers & Merchants Savings Bank harmless for any and all losses or damages that Customer might incur, to the extent allowed by applicable law. 24. Ownership of Material Software for Online Banking Service is currently provided by ITI (Information Technology, Inc.) and Service is currently provided through Fiserv Des Moines, its affiliates and partners. Unauthorized reproduction in whole or part is prohibited. FMSB Online Banking Agreement 6/15/2015 7

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