ONLINE BANKING AGREEMENT AND DISCLOSURE
This Online Banking Agreement and Disclosure ("Agreement") describes your rights and obligations as a user of the Online Banking service or the Bill Payment service ("Services"). It also describes the rights and obligations of Yellowstone Bank ("Bank"). Please read this Agreement carefully. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement.
The following definitions apply in this Agreement:
- "Authorized Representative" refers to a person with authority (with respect to the account);
- "Bill Payment" is the online service that enables the scheduling of bill payments using a personal computer;
- "ISP" refers to your Internet Service Provider;
- "Online Banking" is the internet-based service providing access to your Bank account(s);
- "Online Account" means the Bank account from which you will be conducting transactions using a Service;
- "Password" is the Bank-generated code selected by us for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service;
- "PC" means your personal computer which enables you, with the Internet browser and ISP, to access your Online Account;
- "Time of day" references are to Mountain Time;
- "Login ID" is the Bank-generated identification code assigned to you for your connection to the Service;
- "We", "us", or "Bank" refer to Yellowstone Bank which offers the Services and which holds the accounts accessed by the Services; and
- "You" or "your" refers to the owner of the account or the authorized representative.
II. Access to Services
You will gain access to your Online Accounts through the use of your Internet-enabled device, your ISP, your Password and your User ID. You may access your Online Accounts 24 hours a day, seven (7) days a week. However, availability of the Services may be suspended for brief periods of time for purposes of maintenance, updating and revising the software.
For purposes of transactions, the Bank's business days are Monday through Friday, excluding holidays and weekends. All Online Banking transaction requests received after 4:00 p.m. on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day.
III. Banking Transactions with Online Banking
A. Account Access. You may access any checking, savings, certificates of deposit or loan accounts for which you are an account owner/holder.
B. Transfer of Funds. In addition to viewing account information, you may use Online Banking to conduct the transfer of funds. You may make one-time transfers or schedule future or recurring transfers. You may transfer funds among your checking accounts, savings accounts and money market accounts. Please note: If there are not sufficient funds in the account, we cannot complete this transfer. However, future recurring transfers will not be impacted.
NOTE: Because regulations require the Bank to limit preauthorized transfers (including Online Banking transfers), the following limitations apply:
NOTE: Because regulations require the Bank to limit preauthorized transfers (including Online Banking transfers), the following limitations apply:
- Savings accounts. You can make no more than six (6) transfers per statement period by preauthorized or automatic transfer or by telephone or Online Banking.
- Money Market account. You can make no more than six (6) transfers per statement period by preauthorized or automatic transfer or by telephone or Online Banking and no more than three (3) of these may be by check, draft or debit card.
C. Additional Services. New services may be introduced for Online Banking from time to time. The Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
IV. Use of Your Security Password
You are responsible for keeping your password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:
- Do not give out your account information, Password, or User ID;
- Do not leave your PC unattended while you are in the Bank's Online Banking Site;
- Never leave your account information within range of others; and
- Do not send privileged account information (account number, Password, etc.) in any public or general e-mail system.
If you believe your password has been lost or stolen, or if you suspect any fraudulent activity on your account, call your local Yellowstone Bank. Telephoning the Bank is the best way of minimizing your losses and liability.
V. Electronic Mail (E-mail)
If you send the Bank an e-mail message, the Bank will be deemed to have received it on the following business day. You should not rely on e-mail if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.
- NOTE: E-mail transmissions outside of the Online Banking site are not secure. We advise you not to send us or ask for sensitive information such as account numbers, Password, account information, etc. via any general or public e-mail system. If you wish to contact us electronically, please use the Message Center tab provided in our Online Banking site.
VI. Linked Accounts
All accounts with the Bank that you enroll in a service will be linked by the ownership of the persons authorized to access the account. For example, if an authorized user of a linked account accesses the Service, that authorized user will be able to view any accounts for which the person is a joint-owner.
VII. Business Accounts
If you are a business, any authorized user of your business is authorized on such terms, conditions, and agreements as we may require to:
- enter into this Agreement, as amended from time to time;
- access each account of yours in any manner and for any purpose available through the Service, whether now available or available at some time in the future; and
- use any Online banking service in any manner and for any purpose available through the Service, whether now available or available at some time in the future.
VIII. Term and Termination
Term. This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions.
A. Termination for Cause. We may immediately terminate your electronic banking privileges (including the Bill Payment Service) without notice to you under the following circumstances:
- you do not pay any fee required by this Agreement when due or
- you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing.
We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.
B. Termination for Convenience. To terminate this Agreement, you must notify the Bank and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). When Bill Payment is terminated, any prescheduled bill payments made through Online Banking will also be terminated. Your final charge for the Bill Payment service will be assessed at the end of your statement cycle.
If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 180-day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.
Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and Bill Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence.
We will not be liable to you in the following instances:
- If through no fault of the Bank, you do not have enough money in your account to make the transfer.
- If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken.
- If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
- If your funds are subject to a legal proceeding or other encumbrance restricting the transfer.
- If your transfer authorization terminates by operation of law.
- If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately.
- If you have not properly followed the instructions on how to make a transfer included in this Agreement.
- If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
- If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
- IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.
A. Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking or Bill Payment account.
B. Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser, by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Bill Payment account.
C. Virus Protection. The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
X. General Terms and Conditions
Bank Agreements. In addition to this Agreement, you and the Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking Service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule contained in this Agreement. We will automatically deduct the fees related to this Service from your Bill Payment Account each month.
A. Changes and Modifications. The Bank may modify the terms and conditions applicable to the Services from time to time. We may send any notice to you via e-mail and you will have to be deemed to have received it three days after it is sent. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
B. Assignment. We may assign this Agreement to an affiliate of the Bank or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent.
C. Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically.
D. Disclosure of Information. We will only disclose information to third parties about your account or transfers you make under the following circumstances:
- where it is necessary for the provision of Online Banking and for completing transfers;
- 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 or court orders, or other reporting requirements;
- if you give us your permission;
- to the Bank affiliated companies.
E. Governing Law. This Agreement is governed by the laws of the State of Montana and applicable federal law.
ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURES
This Agreement and Disclosure is made in compliance with Montana and federal law regulating electronic funds transfer (EFT) services. Electronic funds transfers are electronically initiated transfers of money involving a deposit account at the Financial Institution. The following disclosures set forth your and our rights and responsibilities concerning the electronic funds transfers. In this Agreement, the words “you” and “your” mean those who sign as applicants or any authorized user(s). The words “we”, “us” and “our” mean the Financial Institution.
Types of Transfers: You may use the ATM card and personal identification number (PIN) issued to you to initiate transactions at ATMs of ours, ATMs within the networks identified on your card and such other facilities as we may designate from time to time. At present you may use your card to (some of these services may not be available at all ATMs):
- Deposit funds to your checking account.
- Withdraw cash from your checking account.
- Deposit funds to your savings account.
- Withdraw cash from your savings account.
- Transfer funds between your checking and savings accounts.
- Obtain balance information on your deposit accounts.
Limitations on Frequency and Amount:
- You may withdraw up to a maximum of $300.00 (if there are sufficient funds in your account) per day.
- Your Bounce Protection Limit may be available at the ATM. The limit will not be included in the balance provided during an inquiry.
Fees and Charges for ATM Transactions:
- There is no charge for ATM withdrawals at machines owned by us.
- There is a $1.00 charge for each ATM withdrawal at machines we do not own.
- When you use an ATM we do not own, you may also be subject to a fee imposed by the ATM operator or network for making a withdrawal or funds transfer or a balance inquiry.
VISA CHECK CARD
If your ATM card is also a Visa Check Card you can use it to pay for goods and services at merchants which honor Visa Debit Cards. Validation with PIN may be required at some point of sale (POS) locations. Your checking account will be charged directly for these transactions. You can use your Visa Check Card to obtain cash at financial institutions participating in the Visa system. Your checking account will be charged directly for the cash advances. You may not place a stop payment on any POS transactions. You may use your Visa Check Card for purchases up to a maximum daily limit of $1,000 for signature based transactions.
If your Visa Check Card is lost or stolen call your Yellowstone Bank location as soon as possible. If the bank is not open call Fiserv, Inc. at 888-833-3455.
Currency Conversion: When you use your Visa Check Card at a merchant that settles in currency other than US dollars, the charge will be converted into the US dollar amount. The currency conversion rate used to determine the transaction amount in US dollars is either a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date, plus a 1% International Service Assessment (ISA) fee.
Single-Currency International Transaction: When you use your Visa Check Card at a foreign merchant that settles in US dollars, Visa will add a 0.8% International Service Assessment (ISA) fee to the transaction amount. The ISA fee does not apply to single-currency transactions conducted in US military bases, territories, embassies, or consulates, or to single-currency fund transfers conducted by the cardholder.
You may access your accounts through our ONLINE BANKING SYSTEM to:
- Transfer funds between your deposit accounts.
- Obtain balance information on your deposit and loan accounts.
- View and print images of paid checks.
- Download account history in Quicken®, Microsoft Money®, or spreadsheet formats
- Pay bills
- Access eStatements.
Limitations on Frequency and Amount:
- There are no limits on the number or amount of inquiries, transfers or bill payments. Transfers are unlimited on checking accounts. Transfers out of savings are limited per banking regulation.
Fees and Charges:
Inquiry, transfer, and bill pay functions are free of charge.
Types of Preauthorized Transfers: You may arrange for us to complete the following preauthorized transfers to your deposit accounts:
- Accept direct deposits from your employer, U.S. Treasury Department or other financial institutions to your checking or savings account.
- Accept preauthorized debits.
- Accept checks converted to ACH.
Fees and Charges:
- Transfers are charged the same as checks and credits per the accompanying schedule.
- We will charge $20.00 for each stop-payment order for preauthorized transfers.
In addition to the limitations set forth above, the following limitations may be applicable to your accounts:
Liability for Unauthorized Transfers: Tell us AT ONCE if you believe your card, or ATM PIN has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum line of credit). If you tell us within two (2) business days after you learn of the loss or theft of your card or code you can lose a maximum of $50.00 if someone uses your card or code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card or code, and we can prove that we could have stopped someone from using your card or code without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows any transfer that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If you believe that your card or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write to us at the telephone number or address of your local Yellowstone Bank location. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Business Day: Our regular business days are Monday through Friday, Holidays are not included.
Right to Documentation:
- Periodic Statement: You will get a monthly account statement from us unless there are no transactions in a particular month. In any case you will get a statement quarterly. You will get a quarterly statement from us on your savings account if this is the only account you maintain and the only possible electronic transfer to or from the account is a preauthorized deposit. If you have a passbook account, you may bring your passbook to us and we will record any direct deposits that we made to your account since the last time you brought in your passbook. A description of the transactions performed at an ATM terminal will be provided on any periodic statement of account furnished to you.
- Terminal Receipt: You will receive a terminal receipt at the time you make any transaction at an ATM terminal. The receipt shall be admissible as evidence in any legal proceeding and constitutes prima facie proof of the legal transaction which it records.
- Record Keeping: It is important that you retain records relating to your account as well as your transactions at any ATM terminal. In order to have a current understanding of your account as well as detect errors, it is important that you retain your terminal receipts until such time that you have reconciled your account statement provided by us with your account records.
- Direct Deposits: If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company, you can call us at your local Yellowstone Bank location to find out whether or not the deposits have been made.
Our Liability for Failure to Make Transfers: 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. However, there are some exceptions. 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 you used the wrong ATM PIN, or you used an ATM/POS in an incorrect manner.
- If the ATM where you are making the transfer does not have enough cash.
- If the ATM was not working properly and you knew about the problem when you started the transaction.
- If circumstances beyond our control (such as fire, flood or power failure) prevent the transaction.
- If the money in your account is subject to legal process or other claim.
- If your account is frozen because of a delinquent loan.
- If the error was caused by a system of an ATM network.
- If there are other exceptions as established by us.
In Case of Errors or Questions About Your Electronic Transfers. Telephone us at or write us at your local YELLOWSTONE BANK location as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- 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 may take up to forty-five (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.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
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. You may ask for copies of the documents that we used in our investigation.
Account Information Disclosure: We will disclose information to third parties about your account or the transfers you make:
- To complete transfers as necessary;
- To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant;
- To comply with government agency or court orders; or
- If you give us your written permission.
Personal Identification Number (PIN). The ATM PIN issued to you is for your security purposes. The numbers are confidential and should not be disclosed to third parties or recorded on the card. You are responsible for safekeeping your PIN(s). You agree not to disclose or otherwise make your ATM PIN available to anyone not authorized to sign on your accounts.
Notices: All notices from us will be effective when we have mailed them or delivered them to your last known address on our records. Notices from you will be effective when received by us at the address specified in this Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to you at least twenty-one (21) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing your account and any future changes to those regulations.
Enforcement: In the event either party brings a legal action to enforce this Agreement or collect amounts owing as a result of any Account transaction, the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees on any appeal, subject to any limits under applicable law.
Termination of EFT Services: You agree that we may terminate this Agreement and your use of the ATM Card services and Visa Check Card services, if:
- You, or any authorized user of your ATM PIN breach this or any other agreement with us;
- We have reason to believe that there has been an unauthorized use of the ATM PIN;
- We notify you or any other party to your account that we have cancelled or will cancel this Agreement.
- You or any other party to your account can terminate this Agreement by notifying us in writing.
Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
Preauthorized Electronic Fund Transfers:
- Stop Payment Rights: If you have arranged in advance to make regular electronic fund transfers out of your account(s) for money you owe others, you may stop payment of preauthorized transfer from your account. You must notify us orally or in writing at any time up to three (3) business days before the scheduled date of the transfer. We may require written confirmation of the stop payment order to be made within fourteen (14) days of any oral notification. If we do require the written confirmation, the oral stop payment order shall cease to be binding fourteen (14) days after it has been made. We will charge you $20.00 for each stop payment order you give.
- Notice of Varying Amounts: If these regular payments may vary in amount, the person you are going to pay is required to tell you ten (10) days before each payment when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the account would fall outside certain limits that you set.
- Liability for Failure to Stop Payment of Preauthorized Transfers: If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Other Provisions: There may be a delay between the time a deposit is made and when it will be available for withdrawal. You should review our Funds Availability Policy to determine the availability of the funds deposited at ATMs. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.
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