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Disclosures:
Privacy Statement
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ONLINE BANKING AGREEMENT AND DISCLOSURE |
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| This Online
Banking Agreement and Disclosure ("Agreement") describes your rights and
obligations as a user of the Online Banking service. It also describes the
rights and obligations of Security State Bank of Lewiston ("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. |
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I.
Definitions
The following definitions apply in this
Agreement:
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"Authorized
Representative" refers to a person with authority (with respect to the
account);
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"ISP" refers to
your Internet Service Provider;
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"Online Banking" is the internet-based service providing access to your
Bank account(s);
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"Online Account"
means the Bank account from which you will be conducting transactions using
a Service;
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"Password" is the
customer-generated code selected by you for use during the initial sign-on,
or the codes you select after the initial sign-on, that establishes your
connection to the Service;
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"PC" means your
personal computer which enables you, with the Internet browser and ISP, to
access your Online Account;
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"Time of day"
references are to Central Standard Time;
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"User ID" is the
Bank-generated identification code assigned to you for your connection to
the Service;
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"We", "us", or
"Bank" refer to Bank Name which offers the Services and which holds the
accounts accessed by the Services; and
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"You" or "your"
refers to the owner of the account or the authorized representative.
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II. Access to
Services
The Bank will provide instructions on how to use
the Online Banking. You will gain access to your Online Accounts through the
use of your Internet-enabled device, your Access Code, your Password and your
Customer Number. 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 3:00 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. The Bank's business day begins at 8:30 a.m. |
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III. Banking Transactions with Online Banking
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Account Access. You may access all your Bank personal
accounts online (i.e. checking, savings, certificate of deposits or loan
accounts).
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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
such as transfers to make loan payments. You may transfer funds among your
checking accounts, savings accounts and money market accounts.
NOTE: Because regulations require the Bank to limit preauthorized
transfers (including Online Banking transfers), the following limitations
apply:
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Statement
Savings account. You can make no more than six (6) transfers per month
by preauthorized or automatic transfer or by telephone or Online Banking.
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Market Rate
Savings 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. Please note: If there are not sufficient funds in
the account, we cannot complete this transfer. However, future recurring
transfers will not be impacted.
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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.
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IV. Schedule of
Fees
The Bank offers the benefits and convenience of
the Online Banking Service to you free.
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V. Statements
You will continue to receive your regular
account statement either monthly or quarterly, depending on the type of
account.
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VI. 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:
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Do not give out
your account information, Password, or User ID;
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Do not leave your
PC unattended while you are in the Bank's Online Banking Site;
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Never leave your
account information within range of others; and
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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 the
Bank immediately at 507-346-9899 between the hours of 8:30 a.m. to 4:30
p.m., Monday through Friday. Telephoning the Bank is the best way of
minimizing your losses and liability. (See; Section XII)
If you believe your Password has been lost or
stolen, please use the Password change feature within the Online Banking
section of the Web site to change your Password.
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VII.
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.
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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 our
home website at www.securitysbank.com. Use this secure form to
e-mail the Bank regarding inquiries about an electronic funds transfer error
resolution, reporting unauthorized transactions, or contacting the Bank regarding other concerns of a confidential nature.
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VIII.
Linked
Accounts
All accounts with the Bank that you enroll in a
service will be linked by the first account number of the persons authorized
to access the account. The linked accounts will appear together without
regard to the ownership of the accounts. For example, if an authorized user
of a linked account accesses the Service, that authorized user will be able
to view and access at a single time the following accounts:
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the accounts of
the business for which that person is an authorized user;
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the accounts of
any other business for which that person is an authorized user; and
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any consumer
accounts for which the person is a co-owner or authorized signer.
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IX.
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:
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enter into this
Agreement, as amended from time to time;
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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
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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.
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X. Term and
Termination
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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.
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Termination for
Cause. We may immediately terminate your electronic banking privileges
without notice to you under the following circumstances:
1. you do not pay any
fee required by this Agreement when due or
2. 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.
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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). You may notify the Bank by one of the following methods:
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By calling 507-346-9899
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By writing a letter and either
sending it to the following address: Attention: Operations Center at Security
State Bank, 100 South Broadway, P.O. Box 72, Spring Valley, MN 55975 or giving it to a
Customer Service Representative at any of the Bank's locations.
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 90 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.
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XI.
Electronic
Fund Transfer Provisions For Consumers
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Applicability.
These provisions are only applicable to online electronic fund transfers,
which credit or debit a consumer's checking, savings or other asset account
and are subject to the Federal Reserve Board's Regulation E (an "EFT").
When applicable, the Bank may rely on any exceptions to these provisions
which are contained in Regulation E. All terms that are not defined in this
Agreement but which are defined in Regulation E shall have the same meaning
when used in this section.
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Your Liability.
The following determines your liability for any unauthorized EFT or any
series of related unauthorized EFTs:
1.
If you notify the
Bank within two (2) business days after your password was lost or stolen,
your liability will not exceed $50.00 or the amount of the unauthorized EFTs
that occur before notification, whichever is less
2.
If you fail to
notify the Bank within two (2) business days after your password was
lost or stolen, your liability will not exceed the lesser of $500.00 or the
total of:
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$50.00 or the amount of unauthorized EFTs
that occur within the two (2) business days; and
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the total of authorized EFTs which occur
during the two (2) days before notification to the Bank, provided the Bank
establishes that these EFTs would not have occurred had the Bank been
notified within that two-day period.
3.
You must report
an unauthorized EFT which appears on your periodic statement, no later than
60 days of transmittal of the statement to avoid liability for subsequent
transfers. Your liability will not exceed the amount of the unauthorized EFTs that occurred with the 60-day period. You may also be liable for the
amounts as described in sections 1 and 2 above.
4.
If the report is
made orally, we will require that you send the complaint or question in
writing within 20 business days. We will notify you with the results of the
investigation within 10 business days and will correct any error promptly.
If more time is needed, however, we may take up to 45 days to investigate a
complaint or question. If this occurs, we will credit your account within 10
business days for the amount you think is in error. This will allow you to
use the money during the time it takes us to complete our investigation. If
your complaint or question is not received in writing within 10 business
days, we may not credit your account until the investigation is completed.
If an alleged error involves an electronic fund transfer outside a state or
territory or possession of the United States, the applicable time periods
for action by us are 20 business days (instead of 10) and 90 calendar days
(instead of 45). If we determine that no error occurred, we will send you a
written explanation within three business days after the investigation is
complete. You may request copies of the documents that were used in the
investigation.
5.
You may notify the
Bank by telephone, writing, or by email using our home website at
www.securitysbank.com. Notification by general e-mail to report an
unauthorized transaction is not secure and therefore not advised.
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Telephone
Numbers and Addresses. In case of errors or questions regarding an
Online Banking transaction, call 507-346-9899 or write us
at: Attn: Operations Center, Security State Bank, 100 South Broadway, P.O.
Box 72, Spring Valley, MN 55975.
We must hear from you at the telephone number or
address, listed above, no later than 60 days after we sent you the FIRST statement on which the
problem or error appeared. We will need:
1.
Your name and
account number
2.
A description of
the error or the transfer in question and an explanation concerning why you
believe it is an error or need more information
3.
The dollar amount
of the suspected error and date on which it occurred.
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XII. Liability
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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 accounts. Unless otherwise required by
applicable law, we are only responsible for performing the Online Banking
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:
1.
If through no
fault of the Bank, you do not have enough money in your account to make the
transfer.
2.
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.
3.
If there is a hold
on your account, or if access to your account is blocked, in accordance with
banking policy.
4.
If your funds are
subject to a legal proceeding or other encumbrance restricting the transfer.
5.
If your transfer
authorization terminates by operation of law.
6.
If you believe
someone has accessed your accounts without your permission and you fail to
notify the Bank immediately.
7.
If you have not
properly followed the instructions on how to make a transfer included in
this Agreement.
8.
If we have
received incomplete or inaccurate information from you or a third party
involving the account or transfer.
9.
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.
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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 account.
- 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
provider such as
Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer
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.
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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.
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XIII. General
Terms and Conditions
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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 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.
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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.
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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.
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Notices.
Unless otherwise required by applicable law, any notice or written
communication given pursuant to this Agreement, may be sent to you
electronically.
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Disclosure of
Information. We will only disclose information to third parties about
your account or transfers you make under the following circumstances:
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where it is necessary for the provision of
Online Banking and for completing transfers;
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in order to verify the existence and condition
of your account for a third party, such as a credit bureau or merchant;
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in order to comply with government or court
orders, or other reporting requirements;
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if you give us your permission;
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to the Bank affiliated companies.
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Governing Law. This Agreement is
governed by the laws of the State of Minnesota and applicable federal law.
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