This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming.

Transcription

1 Online Agreement: Online Banking Agreement. By submitting this form, you agree that you have read and agree to all terms herein. If you would like to talk with us about your enrollment, please call BOJH or We are available Monday Friday 8:00 a.m. to 5:00 p.m. (Mountain Standard Time) The Online Banking Service Agreement ("the Agreement") explains the terms and conditions governing the use of basic Online Banking and Mobile Banking Services offered by Bank of Jackson Hole. All Online Banking and Mobile Banking Services offered by Bank of Jackson Hole will be referred to collectively as "Online Banking Services" in this Agreement. By using any of the Online Banking Services, you agree to abide by the terms and conditions of this Agreement as well as the Deposit Account Terms and Conditions, a copy of which may be accessed by calling your branch. All Online Banking Services offered by Bank of Jackson Hole are governed by this Agreement, as well as applicable Federal Regulatory disclosures and the Deposit Account Terms and Conditions of Bank of Jackson Hole. This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming. Please Note: In this agreement, the words "we", "our" and "us" refer to Bank of Jackson Hole. The words "you" and "your" each refer to the individual person or business entity that we permit to use Online Banking Services subject to the terms of this agreement. ONLINE BANKING AGREEMENT You agree that your use of the Online Banking Services will confirm that you have completed and reviewed this Agreement and applicable disclosures, both of which Bank of Jackson Hole may amend from time to time. Your initial use of any Online Banking Service in connection with your account(s) at Bank of Jackson Hole constitutes your acceptance and agreement to be legally bound by all of the terms and conditions of the Agreement and of the Deposit Account Terms and Conditions. 1. Online Banking Services You have the Checking Account, Savings Account, Health Savings Account, Money Market Account, Certificate of Deposit/IRA, Loan and/or Line of Credit with Bank of Jackson Hole set forth on your application form. You hereby request that we issue to you Login Codes to be used in connection with such accounts as described in the Agreement. Online Banking Services requires you to have Internet access established. To obtain access to Mobile Banking, you must first have Online Banking. You understand you may use Online Banking to perform the following basic transactions: Obtain current and available balances on qualifying accounts Obtain transaction history on qualifying accounts Transfer funds internally between qualifying accounts Set up recurring transfers from one qualifying account to another Make payments on certain in-house Line(s) of Credit, Mortgage(s), or Loan(s) View account statements, items processed electronically, and images of paid checks and deposit slips 1

2 You understand you may use Mobile Banking to perform the following basic transactions: Obtain current and available balances on qualifying accounts Obtain transaction history on qualifying accounts Transfer funds internally between qualifying accounts Make payments on certain in-house Line(s) of Credit, Mortgage(s), or Loan(s) 2. Online Banking ID and Password Your Online Banking ID and Password are the same for Online Banking and Mobile Banking. You understand that your Password can be used to expend funds from your account and that this code must be safeguarded. You authorize Bank of Jackson Hole and its agents to follow any instructions transmitted by use of this code, and you agree to be bound thereby. If accessing a business or non-commercial account, you certify that you are authorized to use the Password. Bank of Jackson Hole is entitled to act upon instructions received through any Online Banking or Mobile Banking Service under your Password without inquiring into the identity of the person using the Password. However, you agree that you will not, under any circumstances, disclose your Password to any person. You acknowledge that no employee of Bank of Jackson Hole needs or should ever ask for your Password. You are liable for all transactions made or authorized using your Password. Bank of Jackson Hole has no responsibility for establishing the identity of any person and/or determining the validity of any transaction received using your Password. If you provide your Password to anyone, you authorize any transactions carried out by that person. Bank of Jackson Hole assumes all transactions authorized by your Password are legitimate. You hereby indemnify and release Bank of Jackson Hole from any and all liability and agree not to make any claim against Bank of Jackson Hole or bring any action against Bank of Jackson Hole in honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account or when you have provided your Password to that person. You acknowledge that if you do not log into your Online Banking at least once in a 90 day period, that your Online Banking ID will go dormant. In order to re-activate your Online Banking ID, you will need to contact a Customer Service Representative at the Bank. Re-activation will require you to reset your Password. If you do not log into your Online Banking at least once in a 180 day period, then your Online Banking ID will be deleted. 3. Online Security You agree to contact the Bank immediately if you believe your Online Banking ID, Password, address, computer, and/or any mobile device has been compromised. You acknowledge and agree that it is your responsibility to protect yourself and to be vigilant against and/or text messaging fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as phishing or pharming ). You acknowledge that, other than at the time you are registering for Online Banking Services, the Bank will never contact you by or text message in order to ask for or to verify Account numbers, Security Devices, or any sensitive or confidential information, and will never provide links to websites in s or text messages that the Bank transmits to you. In the event you receive an , text message, or other electronic communication that you believe, or have reason to believe, is fraudulent, you agree that you shall not respond to the communication, provide any information to the sender of the communication, click on any links in the communication, or otherwise comply with any instructions in the communication. To the extent allowed by law, you agree that the Bank is not responsible for any losses, injuries, or harm incurred by you as a result of any electronic, , text message or internet fraud. 4. Liability for Unauthorized Transactions from Consumer Accounts You agree to contact us at once if you believe your Online Banking ID and/or Password have been lost or stolen. At any time, you may ask us to disable your Online Banking ID or Password and issue a new one to you. For consumer accounts, you also agree that if your monthly statement shows transactions which you did not make, and you do not 2

3 contact us within 60 days after the statement was mailed to you, you risk the return of lost funds. You understand that if you believe an unauthorized transfer from any of your accounts has occurred, you will contact us by writing, calling or ing us at: Bank of Jackson Hole 990 West Broadway P.O. Box 7000 Jackson, WY Phone: Fax: Qualifying Accounts We will determine which accounts you can access through Online Banking Services based on your relationship to the account documented in each account s records. 6. Business Accounts If you have a business account you are liable for all transactions that occur on the account. As the owner of the business account you authorize all transactions made by any other persons. As the owner of the business account you agree to be liable for any other parties designated (by being given the Password) to conduct business on the account(s). If you are a Cash Management user, you have agreed to abide by the terms and conditions set forth in the Cash Management Agreement. 7. Multiple Party Accounts Each person on a multiple party account will be liable for all transactions that are made on that account. Each person on a multiple party account authorizes all transactions made by any other signer(s) on the account(s). Each owner(s) on a multiple party account(s) agrees to be liable for the actions of the other owner(s) on the account. Any requirement you may have created for two or more signatures on an item, such as a check, does not apply to Online Banking Services. The limitations of liability set forth in this Agreement are subject to, and limited by any state or federal law to the contrary. 8. Charges You agree to pay the charges or transaction fees which are charged by us for these services or for services which may later be offered, as such fees or charges may be imposed or changed from time to time. Further, you agree to pay all telephone charges or other fees incurred by you in accessing Online Banking Services. There is currently no charge assessed by Bank of Jackson Hole for consumer use of Online Banking Services. The Bank reserves the right to implement charges in the future with proper notification. For Cash Management users, you have agreed to the charges set forth in the Cash Management Agreement. 9. Amendment of this Agreement Bank of Jackson Hole has the right to modify or terminate this Agreement or the Deposit Account Terms and Conditions at any time. When making changes, Bank of Jackson Hole will comply with all legal notice requirements. Once this Agreement is terminated Bank of Jackson Hole will not allow any additional transactions on the account, nor will additional Online Banking Services be permitted. If this Agreement is modified, your continued use of Online Banking Services will represent your acceptance of the changes. 3

4 10. Disclosure You hereby acknowledge that you reviewed the Online Banking Disclosure Statement listed below, informing you of your rights as a consumer under the Electronic Funds Transfer Act. Online Banking Disclosure Statement The purpose of this Disclosure Statement is to inform you of certain rights that you have as a consumer under the Electronic Funds Transfer Act. Please Note: In this statement, the words "we", "our" and "us" refer to Bank of Jackson Hole. The words "you" and "your" each refer to the individual person that we permit to use Online Banking Services. A. Online Banking Services You may access our Online Banking Service using your personal Online Banking ID and Password and conduct the following transactions: Transfer funds between: Checking account(s), Savings account(s) Make payments to: in-house Loan(s), Mortgage(s), Line(s) of Credit Obtain the available balance(s) in: Checking account(s), Savings account(s), Line(s) of Credit, Certificate(s) of Deposit/IRA(s) Obtain the current balance(s) in: Checking account(s), Savings account(s), Line(s) of Credit, Certificate(s) of Deposit/IRA(s) Obtain transaction history from: Checking account(s), Savings account(s), Line(s) of Credit, Certificate(s) of Deposit/IRA(s) B. Banking Services Our Online Banking and Mobile Banking Services are available 24 hours a day, 7 days a week. However, we only process transactions and update information on business days. Our Online Banking and Mobile Banking transfer business days are Monday through Friday, 7:00 p.m. MST. Transfers made on weekends, holidays, scheduled in advance, or after 7:00 p.m. MST, will be processed on the next business day. C. Online Banking ID and Password Access to Online Banking may be made by personal computer or other devices with Internet capabilities. Access to Mobile Banking may be made by using a cell phone, tablet, or other mobile access device with Internet capabilities. Access to Online Banking Services requires the use of a unique Online Banking ID and Password (collectively, the "Login Codes") initially assigned by us. Your use of Online Banking Services with the Login Codes, initially authorized by us and then personalized by you, will be deemed by us to be valid and authentic, and you agree that any communications to us under your Login Codes will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals, absent proof of altered data or tampering. D. Lost or Stolen Login Codes CONTACT THE BANK IMMEDIATELY if you believe your Login Codes have been lost or stolen. If you believe your Password or other means of access have been lost or stolen or that someone has used them without your authorization, immediately change your Online Banking Password. Your Online Banking ID and Password can both be changed by accessing the Modify Login Information section of the Settings tab within your Online Banking. You can contact Bank of Jackson Hole by writing, calling or ing: Bank of Jackson Hole 990 West Broadway 4

5 P.O. Box 7000 Jackson, WY Phone: Fax: E. Charges for Transactions There is currently no charge for consumer use of Online Banking Services. The Bank reserves the right to implement charges in the future with proper notification. We reserve the right to change our fee schedule and to charge your account, in accordance with the fee schedule that will be provided to you, prior to assessment. F. Record of Transaction You will receive a monthly statement showing the status of your account(s), transactions made during the past month, and any charges, which we may impose for such services or transactions. If no transfers have occurred on a Savings Account, then you will receive a statement quarterly. Transaction and balance information provided via Online Banking Services will not replace any statements you currently receive from us. G. Ability to Stop or Change Transfers You are responsible for stopping or changing individual or recurring preauthorized transfers that you have scheduled through Online Banking Services. We cannot stop or change any transfers you have scheduled through Online Banking Services. You must do this yourself by accessing the appropriate function in your Online Banking Services no later than the transfer business day cutoff time on the day the transfer is scheduled. If you do not cancel or alter a transfer before the cutoff time, we may process the transfer and shall not be liable to you or any third party for any harm suffered as a result. H. Liability for Unauthorized Transfers/Transactions from Consumer Accounts CONTACT THE BANK IMMEDIATELY if you believe your Login Codes have been lost or stolen. Change your Password and contact us using the contact information listed in this disclosure. Include in your message your name, address, telephone number, account number, description of the unauthorized transfer, and dollar amount of the transfer. For consumer accounts only, if you notify us of a loss, your liability for unauthorized transfers or payments will be as follows: If you contact us within two business days of the loss or your discovery of the loss, you can lose no more than $50 if someone used your Login Codes without your permission. If someone used your Login Codes without your permission, you could lose as much as $500 if you do not contact us within two business days after you learn of the loss and we can prove that we could have prevented the loss if you had contacted us. If your monthly statement shows transfers or payments that you did not make and you do not contact us within 60 days after the statement was mailed to you, you may not get back any funds lost after the 60 days, if we can prove that your contacting us would have prevented those losses. I. Your Liability You agree to the terms of this Online Banking Disclosure and the schedule of fees that may be imposed. You authorize us to deduct these fees as accrued directly from your account balance. You are liable for all transactions that you authorize. If you have given someone your Online Banking Login Codes or other means of access and want to terminate that person's authority, you must change your Online Banking ID and Password and make the Bank 5

6 aware of your intentions in writing. At any time, you may ask us to disable your Online Banking ID or Password and issue you a new one. J. Account Restrictions We will determine which accounts you can access through Online Banking Services based on your relationship to the account documented in each account s records. K. Limits on Online Banking Transactions All transactions performed through our Online Banking and Mobile Banking Services will be considered a Preauthorized Electronic Funds Transfer. You must have sufficient available funds in any account from which you schedule a transfer. All transfers amounts will be in US Dollars. Per federal regulations, you can make six withdrawals (total) per month out of your Savings or Money Market Account if the withdrawal is in a form of debit card transaction, Internet transfer (pre-authorized electronic transfer), telephone transfer, check withdrawal, ACH transaction, automatic transfer, bill pay transaction or preauthorized transfer. If you exceed the limit of the above listed transactions for three months out of twelve, we may close your account. L. Our Liability for Failure to Complete Payments or Transfers If we fail to complete a transaction on time or in the correct amount, when properly instructed by you, we will be liable for damages caused by our failure unless: The account has been closed or is not in good standing. Your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction. You have not given us complete, correct or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction. You do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware. You do not instruct us soon enough for your payment or transfer to be received and credited by the time it's due. The funds in the account from which a payment or transfer is to be made is subject to legal process or other claims restrict the transaction. Circumstances or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken. There are insufficient funds in your account to complete the transaction. We have reason to believe that the transaction requested is unauthorized. The failure was caused by an act of God, fire, or other catastrophe, or by an electrical or computer failure or by other causes beyond our control. In any case, we shall only be liable for actual proven damages if the failure to make the transactions resulted from a bona fide error despite our procedures to avoid such error. M. Change of Terms We reserve the right to amend or terminate the services offered. We will comply with any notice requirements under applicable law for such changes. N. Waiver of Agreement Any waiver of any term of this Agreement by us on occasion will not prevent us from asserting our rights to these terms in the future. 6

7 O. Termination We reserve the right to terminate your use of Online Banking and Mobile Banking Services without prior notice to you. If your use of Online Banking Services is terminated by us, previously scheduled transfers may be cancelled or suspended. P. Privacy You may review our Privacy Pledge on our website at Or you may obtain a copy of our Privacy Pledge by contacting us using the contact information listed in this disclosure. Q. Our Limits and Fees and Terms and Conditions on Deposit Accounts are available at our banking office upon request. Each depositor insured to at least $250,000. Before agreeing, please Print This Page for your records By submitting this agreement, I acknowledge that I have read and unequivocally accept these terms. This agreement as written is the sole, exclusive and final agreement between the two parties. 7