ONLINE BANKING AGREEMENT AND DISCLOSURE

Transcription

1 ONLINE BANKING AGREEMENT AND DISCLOSURE REDNECK BANK, A DIVISION OF BANK OF THE WICHITAS P.O. BOX 852 MUSTANG, OK Redneck Bank & Bank of the Wichitas are the same financial institution. Deposits held at Redneck Bank & Bank of the Wichitas are not separately insured by the F.D.I.C. This Redneck Bank, Snyder, Oklahoma, Online Banking Agreement and Disclosure Statement (this Agreement ) governs the use of the Internet Banking Services described herein (collectively, the Service ), which are offered by and through Redneck Bank ( Bank, we, us, or our ), to each consumer or business whose application (the Application ) for the Service is approved. Each reference in this Agreement to you or your means each consumer who signs the Application (and refers to all such consumers jointly and severally). By submitting the Application, you agree to the terms of this Agreement. If you have submitted your Application as a consumer, you also agree to the terms of this Agreement applicable to Consumer Service and further agree that you will use the Service only for personal Accounts (as defined below) and only for personal, family or household purposes. Please read this Agreement carefully and keep a copy for your records. 1. ACCOUNT REQUIREMENTS. In order to subscribe to the Service, you must have at least one account with us, designated on the Application. You may also include other checking accounts and one or more savings accounts, money market deposit accounts, certificates of deposit, and loan accounts you have with us (collectively with the Checking Account, the Accounts ). Each account may not be an account for which two signatures are required for withdrawals or loans. For Consumer Service, an authorized signer of each Account must sign the Application as a party to this Agreement. 2. HARDWARE AND INTERNET USE. a. There are certain minimum technical requirements to access your accounts. If you need further assistance, call Redneck Bank during normal business hours. b. NO LIABILITY. We are not responsible for any error, damage or other loss you may suffer due to the malfunction or misapplication of any software or system you use, including, without limitation, telecommunications facilities, computer hardware and modem. You are solely responsible for the set-up and maintenance of your computer and modem. Except as specifically required in this Agreement or by applicable law, you agree that we will not be liable for any damage, whether direct, indirect, special or consequential or otherwise, including economic, property, personal, or other loss or injury, whether caused by hardware or systemwide failure, whether due to a virus or other disabling routine, or otherwise, or resulting from the installation, use or maintenance of the equipment, or other items necessary to access or use the Service. c. SPYWARE. We are not responsible for any authorized or unauthorized access to your computer or any computer from which the Services are used. You are responsible for ensuring that the computer used to access the System has the proper hardware and/or software to protect it

2 from potentially harmful activity or infection. Protection should include firewall, anti-virus and anti-spyware software which is updated regularly. It is not the responsibility of the Bank to provide, monitor, update, install, remove, or troubleshoot any software or hardware on the computer used to access the System. While we may provide information from time to time about security risks, we are not responsible for warning you of such risks and are not responsible should your computer be subjected to such a risk. Any information possibly obtained due to spyware, virus attack or hacking of your computer is not our responsibility. 3. USER ID, PASSWORD, CUSTOMER ID, AND PERSONAL SECURITY CODE. The Internet Banking Service (as defined below) has a User ID and a Password. All such information is referred to herein as the Codes. The initial User ID and Password ID is assigned by the Bank. The User ID and Password ID may be changed, which is highly recommended, after successfully logging in to the Internet Banking Service. You will set up your own User ID and Password ID according to the instructions given to you at the time of approval from the Bank. You should keep your Codes confidential and in a secure location. Any person having access to any of your Codes will be able to access the Service and perform transactions, including reviewing Account information and making transfers to other Accounts and to third parties. We recommend, and reserve the right to require, that you change your Codes from time to time for security reasons. 4. AVAILABILITY OF SERVICE. The Service will be accessible 24 hours a day, seven days a week. The Service may be inaccessible for a reasonable period on a daily basis for system maintenance. We shall not be liable under this Agreement for failure to provide access. Your access to the Service shall be determined by the sole discretion of the Bank. Subject to applicable law, the Bank reserves the right to modify, suspend, or terminate access to the Service at any time and for any reason without notice or refund of previously incurred fees. 5. BUSINESS DAYS. Our Business Days are Monday through Friday, excluding holidays. 6. FUND TRANSFERS AND ACCOUNT INFORMATION. a. INTERNET BANKING SERVICE. You may use the Service to: (i) transfer funds between your Accounts that are checking, savings, or money market deposits; (ii) view current balance information for your Accounts; and (iii) import or export your Account information to and from financial management software such as Microsoft Money or Quicken. b. IN-HOUSE FUND TRANSFERS; AUTHORIZATION. You may transfer funds between your Accounts that are checking, savings, or money market deposit accounts in any amount equal to or greater than $1.00 AND LESS THAN YOUR AVAILABLE ACCOUNT BALANCE. When you request a fund transfer using the Service, you authorize us to follow the transfer instructions and transfer the funds from the designated originating Account to the designated recipient Account. The Transaction Date is the date that the fund transfer is actually made. If we receive your fund transfer request before 4:00 P.M. Central Time on a Business Day, that Business Day will be the Transaction Date. Otherwise, the Transaction Date will be the next Business Day. We deduct the amount of your fund transfer from the designated originating Account on the Transaction Date. We may refuse to act on your fund transfer instruction if sufficient

3 funds, including funds available under any overdraft plan, are not available in your Account on the Transaction Date. Funds transferred to the designated recipient Account will be deemed deposited on the Transaction Date and will be available thereafter in accordance with our funds transfer availability policy. c. BANK-TO-BANK TRANSFERS; AUTHORIZATION. Please see our Funds Transfer Agreement and Disclosure for full details for transfers between banks. d. ACCOUNT INFORMATION. The Account balance shown will be current as of the immediately preceding Business Day. The Account balance may include deposits still subject to verification by us and may not include deposits or loans in progress, outstanding checks or payments, or other withdrawals, payment, credits, or charges. 7. BILL PAYMENT SERVICE. a. BILL PAYMENTS. You may also use the Service to pay bills if you choose the Bill Payment Service. Unless the context clearly requires otherwise, all references to the Service herein also refer to the Bill Payment Service as long as you subscribe to the Bill Payment Service. With the Bill Payment Service, you may: (i) make current, future, or recurring payments to certain companies or individuals you select; and (ii) make current, future, or recurring payments directly to your loan or credit accounts with us. You may make bill payments in any amount greater than or equal to $1.00 and less than $2,500. Bill payments may not be made to pay taxes or child support, maintenance, alimony or other court-ordered obligations. b. PAYMENT ACCOUNT. When you sign up for the Bill Payment Service, you must designate a checking account with us as the account from which bill payments should be made (the Payment Account ). c. PAYEES. You may designate payees through the Bill Payment Service (each, Payee ). You must provide sufficient information about each Payee as requested from time to time to properly direct a payment to that Payee and permit the Payee to identify the correct account to credit with your payment. This information may include, without limitation, the name and address of the Payee and your Payee account number. The Payee must have a United States payment address that can be verified in the ordinary course of business. Occasionally a Payee may choose not to participate in the Bill Payment Service or may require additional information before accepting payments. While we work with these Payees to encourage them to accept an electronic or check bill payment through the Bill Payment Service, the Payee may not accept such bill payments or may not be able to process bill payments in a timely manner. In that event, we may decline to make future payments to this Payee and a notice will be sent to you. d. AUTHORIZATION. When you schedule a bill payment using the Bill Payment Service, you authorize us to follow the payment instructions and transfer funds from your Payments Account with us to the Payee. We may refuse to act on your instruction if sufficient funds, including funds available under any overdraft plan, are not available in your Payment Account on the date you want us to process your payment (the Transaction Date ). We reserve the right to refuse to make any bill payment. 8. HOW BILL PAYMENTS ARE MADE, CHANGED AND CANCELED. The date that you request a bill payment is the Initiation Date. The date that an electronic fund transfer is made from the Payment Account or a check is drawn on the Payment Account to make the bill payment is the Transaction Date.

4 a. TODAY PAYMENTS. You may schedule the Transaction Date of a bill payment to be the first Business Day after the Initiation Date by designating the bill payment as a Today Payment. You must have sufficient available funds in the Payment Account on the Initiation Date. Today Payments may be changed or canceled only during the course of the online sessions during which the bill payment is requested b. FUTURE PAYMENTS. You may schedule the Transaction Date of a bill payment to be a future date within 365 days of the Initiation Date by designating the bill payment as a Future Payment. You must have sufficient available funds in the Payment Account as of the Business Day immediately preceding the Transaction Date. Future Payments may be changed or canceled online until 4:00 p.m. Central Time of the Business Day before the Transaction Date. c. RECURRING PAYMENTS. You may schedule a bill payment to be automatically initiated in a fixed amount on the same Transaction Date every month by designating the bill payment as a Recurring Payment. The date on which a bill payment is scheduled to be initiated is referred to below as the Recurring Payment Date. If the Recurring Payment Date is a date that does not exist in a certain month, the bill payment will be initiated on the last Business Day of the month. For example, if you schedule a bill payment for the 30 th of each month, the bill payment for the month of February will be initiated on or before the 28 th of February. If the Recurring Payment Date falls on a day other than a Business Day in any month, the bill payment will be initiated on the next Business Day. For example, if you schedule a check to be issued on the 15 th of each month, and the 15 th is a Saturday or Sunday of that month, a check will be issued on the first Business Day after the 15 th. Thus, the actual Transaction Date for any month may not be the Recurring Payment Date. Recurring Payments may be changed or canceled online until 4:00 p.m. Central Time of the Business Day before the Transaction Date. d. SCHEDULING PAYMENTS. We deduct the amount of the bill payment from your Payment Account on the Transaction Date. If the Transaction Date that you schedule is not a Business Day, the actual Transaction Date will be the next Business Day. To ensure that your bill payments arrive on time, you must schedule the Transaction Date for each bill payment to be at least ten Business Days before the Payment Due Date, not including any applicable grace period. This generally allows sufficient time for the Payee to receive and post your bill payment. We are not responsible for postal delays or processing delays by the Payee. Payments made through the Bill Payment Service are assigned a unique confirmation reference number. You may review payments on our web site. e. SUFFICIENT AVAILABLE FUNDS. We process payment instructions only if there are sufficient funds available in your Payment Account on the Transaction Date. If sufficient funds are not available in your Payment Account on the Transaction Date, the bill payment will be canceled and the Bill Payments Service will be blocked. You agree to pay the current insufficient check fee that applies to your account and that the fee will be automatically debited to your Payment Account. A written or electronic notice of any canceled bill payment will be sent to you. No further bill payments will be processed until sufficient funds are available in the Payment Account. f. METHOD OF PAYMENT. You authorize us to make the bill payments you request through the Bill Payment Service in any one of the following ways. Bill Payments may be sent through an electronic transmission to the Payee. Payees that 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 three to four business days. Bill payments may be made by a check mailed to the Payee. When more

5 than one customer schedules a payment to the same Payee on the same date (which frequently happens), a consolidated check may be issued to the Payee with an accompanying paper list of each customer by name, each account number to be credited, and the amount of each payment. All checks are sent through the United States mail. Payments made with a check are generally received and credited by most Payees within ten business days. g. LATE CHARGES. The bank and/or Bill Payment Service is not responsible for any late payment charges incurred or assessed by any Payee. h. STOPPING RECURRING BILL PAYMENTS. If you have told us in advance to make Recurring Payments out of your Payment Account, you can stop or change any of these bill payments. To stop or change a Recurring Payment, call Redneck Bank at or write Redneck Bank, ATTN: Internet Banking Service, P.O. Box 852, Mustang, Oklahoma 73064, in time for your request to be received three (3) Business Days or more before the scheduled Transaction Date or Recurring Payment Date of the bill payment. 9. LIMITS ON TRANSFERS FROM ACCOUNTS. Federal regulations limit the number of certain types of transfers from savings and money market deposit accounts. You are limited to six pre-authorized electronic fund transfers and telephone transfers, including bill payments transactions, checks and point-of-sale transactions, per month. Of these six transactions, you are limited to no more than three transactions per month by check or point-of-sale. Each fund transfer or bill payment through the Service from your savings or money market deposit Account is counted as one of the six transfers you are permitted each month. However, payments to your loan accounts with us are not counted toward this limit for savings and money market deposit Accounts. Your ability to transfer funds from certain Accounts is also subject to the Account Agreements. You should refer to these agreements for legal restrictions and service charges applicable for excessive withdrawals and transfers. 10. BANK FEES FOR SERVICE. Schedule of fees and charges for Redneck Bank - Online Banking - Monthly User Fee for Internet Access Monthly User Fee for Bill Pay Application Fee Fee for copy of Cancelled Check for Bill Pay $ Non Sufficient Funds (NSF) for Bill Pay $ Stop Payment for Bill Pay $ FREE First 10 transactions Free, $.50 thereafter NONE a. OTHER CHARGES. The monthly fees for the Service and the Bill Payment Service are in addition to the Bill Payment Service fees for insufficient funds and stop payments described in Section 8 above and to other Bank fees and charges that apply to your Accounts. Please see our Fee Schedule for more information. Third parties, such as internet service providers and Payees, may impose other charges.

6 b. AUTHORIZATION. You authorize us or our service provider to debit your Checking Account each month to obtain payment of applicable fees. You agree that such fees will be fully earned and non-refundable at the time payment is obtained. 11. AUTHORIZED USE OF SERVICE. You are responsible for keeping your Codes and Account data confidential. We and our service providers are entitled to act on instructions received using your Codes, and you agree that the use of your Codes will have the same effect as your signature authorizing the transaction or request for information. If you authorize other persons to use any of your Codes for any purpose or in any manner, your authorization shall be considered unlimited in scope, amount and manner and (to the extent permitted by Applicable Law) shall extend to such persons designees, until you have notified us in writing that you have revoked the authorization and changed your Codes, and you are responsible for any transactions made by such persons or their designees 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 Codes. 12. REPORTING UNAUTHORIZED TRANSACTIONS. You should notify us immediately if you believe any of your Codes have been lost or stolen or that someone has transferred or may transfer money from your account without your permission. Call for the Redneck Bank - Bill Payment notification. 13. YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS. Tell us AT ONCE if you believe any of your Codes have been lost or stolen. Telephoning is the best way of keeping your possible losses down. If you do not notify us promptly, it is possible that you could lose all the money in your account (plus your maximum overdraft privilege) The following paragraph applies to Consumer Service only: If you tell us within two (2) Business Days, you can lose no more than $50 if someone used any of your Codes without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of any of your Codes, and we can prove we could have stopped someone from using your code without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the FIRST statement showing such a transfer was either (a) mailed to you or (b) a notice that your statement was available online was ed to you, you may not get back any money you lost after the 60 days, if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend these time periods. 14. BANK S RESPONSIBILITY FOR PROCESSING TRANSACTIONS. If we do not 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 your losses or damages. 15. LIMITATIONS OF BANK S RESPONSIBILITY FOR PROCESSING TRANSACTIONS. There are some exceptions to the Bank s liability for processing transactions on the Accounts. We will not be liable, for instance: if, through no fault of ours, you do not have enough money in your Account to make the transfer; if the transfer would go over the credit limit on your overdraft privilege; if the funds in your Account were attached or the transfer cannot be made because of legal restrictions affecting your Account; if any system or any software was not

7 working properly and you knew about the breakdown when you started the transfer; if circumstances beyond our control (such as interruption of telephone service or telecommunication facilities, or natural disaster such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken; if you have not provided us with complete and correct transfer or payment information, including without limitation, the name, address, account number and payment amount for the Payee on a bill payment; if you have not properly followed the instructions for using the Service or any software; if your operating system or software was not properly installed or functioning properly; or if you are unable to access your Account or the Service due to Internet facility or service provider delays or other problems. There may be other exceptions stated in our agreement with you. The Bank s sole responsibility for an error in a fund transfer or bill payment will be to correct the error, but in no case shall the Bank be liable for any indirect, punitive, special, incidental or consequential damages (even if you have informed us of the possibility of such damages). In states which do not allow the exclusion or limitation of liability for indirect, punitive, special, incidental or consequential damages, the Bank s liability is limited to the extent permitted by Applicable Law (as defined below). Our service providers are independent contractors and not our agents. To the extent permitted by Applicable Law, we will not be responsible for any error, damage or other loss caused by any service provider. 16. DISCLAIMER OF WARRANTIES. Neither the Bank nor any Service Provider makes any warranty, express or implied, to you concerning the Service, including, without limitation, any warranty of merchantability or fitness for particular purpose or non-infringement of third-party rights, unless disclaiming such warranty is prohibited by applicable law. 17. DISCLOSURE OF ACCOUNT INFORMATION. We will disclose information about your Accounts or the transfers or bill payments you make: if we have entered into an agreement with another party to provide any Service. In this case, we will provide that party with information about your Account, your transfers or bill payments, and your communications with us in order to carry out your instructions; if it is necessary for completing transfers or bill payments or otherwise carrying out your instructions; in order to verify the existence and conditions of a Payment Account for a third party, such as a credit bureau, a Payee, or any holder of a check issued by you or on your behalf through the Bill Payment Service; in order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information; or if you otherwise give us your permission. 18. PERIODIC STATEMENTS. All of your fund transfers and bill payments made through the Service will appear on the periodic statement for each Account, as applicable. The Payee name, payment amount, and transaction date will be reflected for each bill payment made through the Bill Payment Service. You agree that we will not furnish you any other notice of fund transfers or bill payments. 19. TERMINATION. a. INTERNET BANKING SERVICE. Your enrollment in the Service will remain in effect until terminated by you or us. You may terminate your use of the Internet Banking Service at any time by calling Redneck Bank at or writing to Redneck Bank, Attn:

8 Internet Banking Service, P.O. Box 852, Mustang, Oklahoma Your access to the Internet Banking Service will be terminated automatically if your Checking Account is closed, access to your Checking Account is restricted for any reason, you have not logged on within 30 days of signing up or have not logged on in more than 180 days. b. BILL PAYMENT SERVICE. You may terminate your use of the Bill Payment Service at any time by calling Redneck Bank at or writing to Redneck Bank, Attn: Internet Banking Service, P.O. Box 852, Mustang, Oklahoma Your notice must be received at least ten (10) days prior to the date on which you wish to have your Bill Payment Service terminated. You may be required to put your request in writing. If you have scheduled bill payments with a Transaction Date within this ten-day period, you also must separately cancel those bill payments. If you have not otherwise canceled a bill payment, you will be responsible for each bill payment with a Transaction Date during the ten (10) days following receipt of your written notice of termination. Your access to the Bill Payment Service will be terminated automatically if your Payment Account is closed, or access to your Payment Account is restricted, for any reason. c. BY BANK. We may terminate your use of the Service or the Bill Payment Service, in whole or in part, at any time without prior notice. We will try to notify you in advance, but we are not obligated to do so. d. EFFECT. Termination will not affect your liability or obligations under this Agreement for transactions that have been processed on your behalf. Termination will apply only to the Service and does not terminate your other relationships with us. 20. AMENDMENTS. You agree to be bound by any amendments or modifications to this Agreement after notice has been sent to you at your last known address contained in our records, which may include your address, or upon our posting of such notice in the lobby of our branch offices or on our web site. Where prior notice of a change in terms is required by applicable law, we will send the notice to you the required number of days in advance of the effective date of the change. If you do not agree to the change or amendment, you must notify us prior to the effective date of the change or amendment and cancel your access to the Service. 21. ELECTRONIC COMMUNICATIONS. You agree that we may send all notices, disclosures, amendments and other communications regarding this Agreement or the Service to you by electronic mail. You further agree that procedures and requirements of the Service may be incorporated as part of our web site and communicated to you through the Service. To the extent permitted by Applicable Law (as defined below), you agree that each such communication will be binding and enforceable to the same extent as if it were delivered to you in writing by mail or in person. 22. ENTIRE AGREEMENT; NO WAIVER. This agreement is the complete and exclusive agreement between you and us related to the Service and supplements any other agreement or disclosure related to your Checking Account, Payment Account, or any other Account. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Checking Account, Payment Account, or any other Account, or any statement by our employees or agents, or any service provider, this Agreement shall control with respect to the Service. No delay or omission by us in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver or any such right or remedy. Any simple or partial exercise

9 of a right or remedy shall not preclude further exercise therefore or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us. 23. ASSIGNMENT. You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties. 24. GOVERNING LAW; COMPLIANCE. This Agreement shall be governed by and construed in accordance with the laws of the United States, and to the extent not inconsistent therewith, the laws of the state of Oklahoma, without regard to that state s rules regarding conflict of laws (collectively, Applicable Law ). You agree that you will use this site only in accordance with Applicable Law. 25. GEOGRAPHIC RESTRICTIONS. Bank of the Wichitas including its internet division, Redneck Bank, is located in the state of Oklahoma and all products/services, deposit or credit, are provided subject to the laws of the State of Oklahoma and where applicable, the United States of America. The deposit products/services described in this Agreement are available to new customers who are residents of our geographic market defined as the United States of America, and to former and current customers. We do not provide loan or credit products/services online. All of our credit products/services are available to new customers who are residents of or businesses located in our geographic markets defined as the cities and counties surrounding our main and branch offices in Oklahoma, and to former and current customers. We do not solicit loan or credit customers outside of our described geographic markets. 26. SCOPE OF AGREEMENT. This Agreement represents our complete agreement with you relating to our provision of the Service. No other statement, oral or written, including language contained in our web site, is part of this Agreement. 27. ERROR RESOLUTION NOTICE In Case of Errors or Questions About Your Fund Transfers and Bill Payments - a. INTERNET BANKING SERVICE Call or write to Redneck Bank, Attn: Internet Banking, P.O. Box 852, Mustang, Oklahoma b. BILL PAYMENT SERVICE Call or write to Redneck Bank, Attn: Internet Banking, P.O. Box 852, Mustang, Oklahoma Contact us as soon as you can if you think your statement is wrong or if you need more information about a fund transfer or bill payment listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. Tell us your name and Account number. Describe the error or the fund transfer or bill payment you are unsure about, and explain as clearly as you can why you believe it is an error or 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 determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we

10 may take up to 45 days to investigate your complaint or question. If we decide to do this, we will 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 within ten (10) Business Days, we may not credit your account. We will tell you the results within three (3) Business Days after completing our investigation. 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.