Online Banking Agreement

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Transcription:

Online Banking Agreement Please read this Agreement carefully before accessing or using Morgan Federal Bank s Online Banking Services. By accessing or using these Services, you agree to be bound by the terms and conditions set forth below and acknowledge your receipt and understanding of our agreement. If you do not wish to be bound by these terms and conditions, you may not access or use these Services. This Online Banking Agreement ("Agreement") covers your and our rights and responsibilities concerning Online Banking Services ( Services ) offered to you by Morgan Federal Bank. This Agreement is governed by and interpreted in accordance with federal law and regulation, and to the extent there is no applicable federal law or regulation, by the laws of the State of Colorado. The words "our," "we," "us," and "Bank" refer to Morgan Federal Bank. The words "you," your, and yours means each person or business entity in whose name the account with Morgan Federal Bank is maintained or who exercises ownership interest in such account. Online Banking is an electronic banking service provided by the Bank. It can be used to access products and accounts made available by Morgan Federal Bank. When you use any of our Online Banking Services, as described below, or authorize others to use them, you and any such users agree to be bound by the terms and conditions in this Agreement and any amendments. 1. Online Banking Services To access your account(s) through Online Banking, you must have an eligible Morgan Federal Bank deposit and/or loan account, enroll in Online Banking by agreeing to this Online Banking Agreement, and have an Online Banking username and password. You must use your username and password to access your account(s). Online Banking is available 24 hours a day, seven days a week, except during maintenance periods for scheduling, modification, or for review of funds transfers and balance inquiries. When Online Banking is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer regarding your service. Online Banking Services provided by Morgan Federal Bank include, but may not be limited to, the following activities: Review account balance and transaction history for all of your accounts Transfer funds between your deposit accounts Make a loan payment from your deposit accounts Make a loan payment from another bank Initiate advances on a home equity line of credit Place a stop payment request Pay bills from your checking account using Bill Pay Obtain tax information Obtain deposit and loan E-Statements

Reorder personal checks Update your address and other contact information Access Money Desktop personal financial management tool You authorize the Bank to charge your designated account(s) for any transactions accomplished through the use of Online Banking, including the amount of any bill payment or transfer that you request and any charges for the service. You authorize the Bank to charge your account(s) for any stop payment you request. Refer to the Standard Rates and Charges for fees. You authorize us to initiate any reversing entry or reversing file maintenance, and to debit your accounts maintained at the Bank, or elsewhere, in order to correct any mistaken credit entry. Your obligation to pay the amount of the bill payment or transfer, if any, to the Bank is not excused in such circumstances. 2. System Requirements In order to use Online Banking, your browser must meet the following requirements: JavaScript enabled, 128-bit encryption enabled, session cookies enabled. We also recommend you use the latest, patched version of any modern browser such as: Google Chrome, Apple Safari, Mozilla Firefox, Opera, or Microsoft Internet Explorer. We also highly recommend that you install appropriate software, including but not limited to: up-to-date virus and spyware protection and an operating system that is up-to-date with all security patches, and firewalls on your computer hardware to prevent intrusions that may allow a third party to unlawfully view and/or access your computer. You agree that you are responsible for installation, maintenance and operation of your computer and modem and/or other Internet connections, browsers, hardware and software necessary to access Online Banking. Morgan Federal Bank will not be responsible for any errors or failures involving any telephone or other Internet service or your computer. 3. Security of Access Codes The username and password are access codes that you select for your security. Your access codes are confidential and should not be disclosed to third parties. Do not use numbers that are easily associated with you, such as your telephone number, address or birth date as your password. For your protection we recommend that you change your Online Banking password regularly. It is recommended that you memorize this password and do not write it down. You are responsible for safekeeping your access codes, account number(s) and other account data. You agree not to disclose or otherwise make your access codes available to anyone not authorized by you to access your accounts. If you authorize anyone to use your access codes, you understand that person may use Online Banking to review all of your account information and make account transactions. You agree that the use of your access codes will have the same effect as your signature authorizing transactions and allowing us to act on transaction instructions received using your access codes.

If you authorize anyone to use your access codes that authority will be considered unlimited in amount and manner until you specifically revoke such authority by changing your access codes. If you fail to maintain or change the security of these access codes and the Bank could suffer a loss, we may terminate your Online Banking immediately. 4. Protecting & Preventing Misuse of Your Online Account You agree to notify us immediately if you believe that an unauthorized person has obtained access to your access codes or accessed your accounts without your authority. You understand that calling us directly in such cases may be the best way of keeping your possible losses to a minimum. Please call us at 970-867-2443 or visit us at Morgan Federal Bank, 321 Ensign Street, P.O. Box 10, Fort Morgan, Colorado 80701. You may also email us at inquire@morganfed.com. You may be responsible for all losses incurred due to unauthorized access to Online Banking if you do not inform us in a timely manner. If you fail to notify us within two (2) business days after you learn of the loss or theft from your account(s), and we can prove that such loss or theft would not have occurred had you notified us within that two (2) business day period, then you may be liable for as much as $500.00. 5. Online Banking Service Limitations Balance Inquiries and Transfers. You may use Online Banking to check the balance of your accounts and to transfer funds among your accounts selected for Online Banking. In order to initiate one of these transactions, you must first use your access codes to obtain access to Online Banking. The account balance shown may differ from your records because it may not include deposits in progress, outstanding checks, or other withdrawals or charges. Funds transfer requests may be made 24 hours per day, but may not result in immediate funds availability because of the time required to process the files. If there are insufficient available funds in an account from which you are requesting a funds transfer, the transfer will not be initiated. For monetary transfers, the accounts must have the same username and password with the exception of scheduled external transfers. Stop Payment Request. You can place a stop payment on a check by using the capabilities provided in Online Banking, or by calling us at 970-867-2443. If you call us to request a stop payment, we may require you to put your request in writing and to submit it to us within 14 days. If you fail to submit to us this request within the 14 day period, then the stop payment order ceases to be binding after the 14 day period. To be effective, a stop payment must be received in time to give us reasonable opportunity to act on it and must precisely identify the check number, date, amount of the item, and the payee. Properly signed stop payment orders are effective for six months after date received and will automatically expire after that period unless renewed in writing. Our regular stop payment fee, in accordance with the Bank s Standard Rates and Charges fee schedule, will be assessed for each stop payment order you give to us. Pre-authorized Transfer Stop Payment. A stop payment request for a pre-authorized transaction must be received by Morgan Federal Bank at least three (3) banking days before the scheduled

payment date. If the stop payment order is received within three business days of the expected transfer date, we will attempt to satisfy the request, but will not be held liable if sufficient time was not provided for a pre-authorized transfer that occurs within the three business day period. For a single pre-authorized transaction, a stop payment request may be submitted by using the capabilities in Online Banking or by calling us at 970-867-2443. (We do not recommend mailing or emailing these requests as they may not be received in a timely manner). For recurring pre-authorized transactions, a stop payment request must be submitted by calling us at (970) 867-2443 or visiting us in person at Morgan Federal Bank, 321 Ensign Street, Fort Morgan, Colorado 80701. Inappropriate Transactions. You warrant and agree that you will not use any Online Banking Services to make or facilitate any illegal transaction(s) as determined by applicable law, and that any such use, including any such authorized use, will constitute a breach of this Agreement. Certain federal and/or state laws or Card Service Providers Rules may limit or prohibit certain transactions such as, but not limited to, those coded as possible gambling transactions. The Bank may decline to accept, process or pay any transaction that we believe to be illegal or unenforceable, regarding your obligation to pay us or otherwise, under applicable law; or which is otherwise limited or prohibited, including, but not limited to, any transaction involving or relating to any unlawful gambling activity. Such prohibition or limitations may affect some otherwise proper or allowable transactions. You understand and agree such limitations/prohibitions are not within the Bank s control and that the Bank will not have any liability, responsibility or culpability whatsoever for any such use by you or any authorized user(s), or for declining to accept, process, or pay any such transaction. You further agree to indemnify and hold the Bank harmless for any suits, liability, damages or adverse action of any kind that results directly or indirectly from any such use of your account and/or access devices. 6. New Services Morgan Federal Bank may from time to time offer and introduce new Online Banking Services. The Bank will notify you of the existence of these Services. By using these Services when they become available, you agree to be bound by any terms and conditions concerning these Services. 7. Business Days/Hours of Operation Our business days are Monday through Friday, excluding Federal banking holidays. Our business hours are located on our website or you may call us at 970-867-2443. For determining the availability of your deposits, business day means every business day, except Saturday, Sunday and federal holidays. Unless otherwise stated in this Agreement, we may treat any notice from you via email, received after 5:00 p.m. on a business day as if we had received it on or after 9:00 a.m. the following business day. All references to time in this document are Mountain Time (MT).

8. Fees and Charges There is no monthly or transaction fees for accessing your account(s), transferring funds between accounts, making loan payments, or advancing funds from your home equity line of credit through Online Banking. However, you may be charged for each bill payment transaction or stop payment you initiate. Please see our Standard Rates and Charges for additional information. 9. Disclosure of Account Information You authorize the Bank to disclose to selected third parties information about your account or the transactions you make: When necessary for completing transactions In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant In order to comply with government agency or court orders, or to give information to any government entity having legal authority to request such information By your instruction 10. Transaction Documentation All of the payments and funds transfers made through Online Banking will appear on your monthly account statement(s). 11. Limitation of Liability for Online Banking Services 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 are liable for your losses or damages up to the value of the transfer, except for the following instances: If, through no fault of ours, you do not have enough money in your account to make the transfer, your account is inactive, if funds in your account necessary to complete the transaction are held as uncollected funds or pursuant to our Funds Availability policy, or the transfer would exceed the credit limit on your overdraft line of credit; If the system was not working properly; If there is a dispute about the amount to be paid or transferred, or we have been legally ordered to pay to or hold the money in your account for someone else; If your access codes have been reported lost or stolen; If you used the wrong password or you have not properly followed instructions in making transfers or Bill Pay transactions; If your computer fails or malfunctions or the telephone lines or Morgan Federal Bank s website was not properly working and such problem should have been apparent when you attempted such transaction; If, in the case of a preauthorized credit or debit to your account, a third party does not send your money to us on time or does not send us the correct amount, or we do not have the required authorization to perform the transaction;

If the funds in your account are subject to an administrative hold, legal process, or other claim; If funds in your account are pledged as collateral or frozen because of a delinquent loan; If circumstances beyond our control (such as fire, flood, power failure, computer or telephone systems malfunction or natural disaster) prevent the transfer, despite reasonable precautions and efforts we have taken; If you transfer funds to a wrong account and we are not able to recover the funds for you; If the system is unavailable due to a maintenance shutdown; If your access codes have been locked out and you have been denied access because of too many invalid log-in attempts on your account; If our computer system or equipment does not receive the commands you sent from the computer workstation you used to transmit instructions. Other exceptions may be stated in other agreements we may have with you. Stop Payment Failure. If you submit a stop payment request in accordance with the limitations in Section 5 above, the Bank may be liable for your losses or damages up to the value of the payment, if the stop does not occur and the payment is transacted. 12. Notices We reserve the right to change the terms or conditions upon which these Services are offered. The Bank will notify you at least thirty days before the effective date of any change, as required by law. Any change in terms will also be published online for your acceptance, prior to logon for Online Banking. You recognize it is your responsibility to periodically review and understand the terms of Morgan Federal Bank s Online Banking Agreement. 13. Other Agreements In addition to this Agreement, you agree to be bound by and will comply with the requirements of the applicable Account Disclosure Statement, authorized signature card, the Bank's rules and regulations, the rules and regulations of any funds transfer system to which the Bank belongs, and all applicable State and Federal laws and regulations, Standard Rates and Charges disclosures, and any loan agreements. The Bank reserves the right to terminate this Agreement and your access to Online Banking in whole or in part, at any time without prior notice.

Morgan Federal Bank Online Banking Enrollment Form Business Accounts Please complete and print this Enrollment Form, then sign at the bottom of the page. Return to Morgan Federal Bank at 321 Ensign Street, Fort Morgan, CO 80701, or fax to 970-867-3667. Upon receipt and review of the signed Enrollment Form you will receive a company number and temporary password. After your initial login, you will be prompted to enter a new, confidential password. This information is necessary to verify your identity before permitting access to your financial information. Account Owner Information: Business Name: Address: City: State: Zip: Phone: Tax ID#: Provide Online Banking access to the following accounts: Account Number Account Type 1 2 3 4 5 Designate an Administrator The Administrator is responsible for setting up, managing and monitoring sub-user activity; this activity includes, but is not limited to, security rights and account permissions. Administrator Name: Administrator Email Address: Administrator Logon Name * : * 8 characters minimum, 12 characters maximum All signers on the accounts listed above must sign below. Return this form to Morgan Federal Bank. I/We approve the designated Administrator. The Administrator agrees to the above mentioned responsibilities. I/We agree to designate a new Administrator in the event that the current Administrator is no longer authorized to perform his/her responsibilities. A new Enrollment Form is required to designate a new Administrator. I/We have received and agree to Morgan Federal Bank s Business Online Banking Agreement. Administrator