Kaw Valley Bank INTERNET BANKING SERVICE AGREEMENT AND FEDERAL ELECTRONIC FUND TRANSFER ACT DISCLOSURE
YOUR USE OF Kaw Valley Bank's INTERNET BANKING SERVICES AFTER RECEIPT OF THIS AGREEMENT, THE USER ID AND YOUR TEMPORARY PASSWORD INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS STATED HEREAFTER AND ALL FUTURE CHANGES TO THE AGREEMENT.
This Agreement governs your use of Kaw Valley Bank's Internet Banking Service ("Service"). It also contains important disclosure information relating to electronic funds transfers made through the Service. By subscribing to the Service or using the Service to access Account information, or to make any transfer between Accounts or payment to a third party ("Payee(s)"), you agree to the terms of this Agreement. Access to Account information, transfers between Accounts and payments to Payees drawn on or debited against your Accounts, are referred to as "Transactions." "Services Guide" means any other instructions, software, and manuals, including those online, relating to the Service. "Agreement" means this Internet Banking Agreement and the Services Guide, as may be amended or replaced. In the event of a conflict between this Internet Banking Agreement and the Services Guide, the Internet Banking Agreement shall control. If you utilize the Bill Payment Service offered by the Bank pursuant to the Bill Payment Service Agreement, that Agreement shall control the terms and conditions under which the Bill Payment Services is offered by the Bank and used by you. By using any new services that are made available, you agree to be bound by any terms and conditions that we communicate to you concerning the services.
"Account(s)" mean the checking, regular savings, or savings with limited check-writing privileges (Money Market type), Certificates of Deposit and/or loan accounts with us designated by you for access through the Service, including your designated Payment Account. In our sole discretion, we may refuse to include, or may exclude from continued use, an Account in the Service. The words "we," "us," and "our" refer to Kaw Valley Bank ("Kaw Valley"), the bank which holds the Accounts accessed by the Service, and any agent, independent contractor, or assignee Kaw Valley may, in its sole discretion, involve in the provision of the Service. The words "you" and "your" refer to each person subscribing to the Service and each person who uses the Service with the permission of the subscriber.
Our Business Days are Monday through Friday. Holidays are not included. You can use the Service at any time, except during maintenance periods. However, we can process transactions only on Business Days. "Banking Day" means that part of any Business Day on which we are open to the public for carrying on substantially all of our banking functions.
Much of our relationship with you is regulated by state and federal law, including the Uniform Commercial Code, and regulations of the Federal Reserve System, the Federal Deposit Insurance Corporation, and other regulatory agencies and clearinghouse associations. These laws and regulations, as well as the terms of the Agreement, may change from time to time without notice to you unless required by law. Your continued use of the Service following receipt of the Agreement or notice of a change is considered acceptance of the Agreement or change. Notice of a change may be made by mail or electronically. The agreements that apply to your Accounts with us, including but not limited to Account Agreements, apply to all Transactions made on the Accounts through the Service.
You agree that we may obtain and review your credit report from time to time from a credit bureau or similar entity. You also agree we may obtain information regarding your accounts with any Payee in order to facilitate proper handling and crediting of your payments.
The Password is provided for your use and protection. You must change the temporary Password to a unique Password at the time you first use the Service. You agree to: (a) not disclose the Password or otherwise make it available to anyone else; (b) use the Password as instructed in the Services Guide, (c) immediately notify us of any loss or theft of the Password; and (d) be liable for the Password and for its authorized use and for its unauthorized use as described in this Agreement. Unless you notify us as provided in this Agreement, you acknowledge that we are entitled to rely on the use of your Password as your authorization for any Transaction through the Service. You are responsible for all Transactions you initiate or authorize using the Service. If you permit any other person to use the Service or your Password, you will have authorized that person to access your Accounts and you are responsible for any Transactions that person initiates or authorizes from your Accounts. We reserve the right to implement additional security procedures, such as limiting the frequency and dollar amount of Transactions from your Accounts for security reasons.
Tell us AT ONCE if you believe your Password has been lost or stolen or that someone has transferred or may transfer money from your Accounts without your permission. Call or write us at the telephone number and address below:
Kaw Valley Bank
Internet Banking Customer Service
1110 N. Kansas Avenue
Topeka, KS 66608
We cannot accept notification of lost or stolen passwords or unauthorized transfers via e-mail.
Access Accounts: Upon request, you may use the Service to:
Obtain account balances and transaction information for Accounts specified by you for access, subject to Service limitations.
Requests made after 7:00 p.m. Central Time or on a non-Business Day will be considered to be made the next Business day. A request to transfer funds between Accounts will result in an immediate transfer. If there are not available funds in the Account from which a transfer is being made at the time the transfer is processed, the transfer will be canceled and we will not make the transfer at a later date. Transfers may be scheduled for future dates.
We may not immediately receive e-mail that you send. Messages are delivered to our Internet Banking Representatives for review and action. We will have a reasonable opportunity to act before taking action on your e-mail requests. You cannot use e-mail to make a bill payment, account inquiry, or funds transfer. You may not use e-mail to stop payment, report unauthorized use of your Password, or to report an unauthorized Transaction. You must notify us by calling or writing us at the telephone number or address listed above in this Agreement.
To stop payment, you must call the telephone number listed above in this Agreement.
Subject to available Account balances, funds transfers can be made for any amount. There are no limitations on the number of Transactions that can be made during any time period to or from any Account, except as provided by federal regulations limiting preauthorized transfers. By federal regulation, you are limited during any statement cycle to six preauthorized or automatic transfers (three of which may be by check draft or similar order) if the Account is a savings with limited check writing privileges (Money Market type) Account. Internet bill payments and transfers between your Accounts are considered preauthorized transfers.
The monthly service charge for the Service is as follows:
Internet Account Access (only)
"Internet account access" is a telecommunications connection between your computer and Kaw Valley Bank in which you make one or more balance inquiries, funds transfers, e-mail communications, or any combination thereof.
We may change or add fees without notice unless required by law. The fees in our Fee Schedules or an Account Agreement also apply. If a fee is waived because of your participation in a package account product, the fee may be assessed without notice upon termination of that condition.
We may disclose information to third parties about your Account or the transactions you make:
You will get a monthly statement if you have an Account upon which checks or drafts may be drawn. You will get a statement on your regular savings account if there are transactions during the month. The Payee name, payment amount, and Transaction date will be reflected for each payment made through the Service. In any case, you will get a regular savings statement semi-annually.
To stop payment, you must call the telephone number listed above in this Agreement. Your stop-payment request must include your Payment Account number, the Payee, the exact amount of the payment, and the Payment Date. We will charge you our then-current stop-payment fee.
If we do not complete a Transaction to or from your Account on time or in the correct amount according to this Agreement, we will be liable for your actual losses, if any, as provided by applicable laws and regulations. However, there are some exceptions. We will not be liable if, for example, but without limitations: Through no fault of ours, you do not have enough available funds in your Account to complete a Transaction on that Account; the Transaction would be over the limit of your available credit if you have overdraft protection; you have not properly followed the Service Guide or the Agreement on installing or using the Service, or if your computer, software, related equipment, electrical power, or telephone service fails or malfunctions; the Payee information necessary to complete the payment stored on your PC's hard drive and/or the host has been lost; you do not authorize a payment soon enough for your payment to be received by the Payee by the time it is due; withdrawals from any of your Accounts have been prohibited by a court order such as a garnishment or other legal process, or the Account is in dispute or restricted for any other reason; the Service was not working properly and you knew about the breakdown when you started the Transaction; a Payee does not accept, mishandles, or delays in handling payments; you have not provided the correct and complete Payee Name, address, or account information or payment amount; circumstances beyond our control (such as fire, telecommunication outages and malfunctions, strikes, or natural disasters) prevent the processing of a Transaction.
Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special, incidental, consequential, or exemplary, including lost profits, caused by the Service or the use of the Service or arising in any way out of the installation, use, operation, or maintenance of your equipment, software, and/or the Service.
Tell us AT ONCE if you believe your internet banking password or other means to access your Account 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 overdraft line of credit. If you tell us within four (4) Business Days, you can lose no more than $50.00 if someone uses your internet banking password or other means to access your Account without your permission. (If you believe your internet banking password or other means to access your Account has been lost or stolen, and you tell us within four (4) Business Days after you learn of the loss or theft, you can lose no more than $50 if someone used your internet banking password or other means to access your Account without your permission.)
If you do not tell us within four (4) Business Days after you learn of the loss or theft of your internet banking password or other means to access your Account , and we can prove that we could have stopped someone from the unauthorized use of your internet banking password or other means to access your Account if you had told us, you could lose as much as $300.00.
Also, if your monthly statement shows transfers 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 you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we will extend the time periods.
In case of errors or questions about your Electronic Transfers, if you think your statement is wrong, or if you need more information about a transaction listed on the statement call or write us at the telephone number or address listed below, as soon as you can.
1. Telephone us at: 1-785-232-6062 during normal customer service hours; or,
2. Write us at:
Kaw Valley Bank
PO Box 8009, 1110 North Kansas Avenue
Topeka, KS 66608-0009
We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
1. Tell us your name and account number (if any). Describe the error or the transaction you are unsure about,
and explain as clearly as you can why you believe it is an error or why you need more information.
2. 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 with ten (10) Business Days (or twenty (20) Business Days if the transfer involved a new account) 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 (ninety (90) days if the transfer involved a new account) to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) Business Days (or twenty (20) Business Days if the transfer involved a new account) for the amount you think is in error, so that you may 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. An account is considered a new account for thirty (30) days after the first deposit is made, if you are a new customer. We will tell you the results within three (3) Business Days after completing our investigation. If we decide there was no error, we will send you a written explanation. You may ask for copies of documents which we used in our investigation.
You may terminate your use of the Service at any time by writing Internet Banking Customer Service at the address listed above in this Agreement. We may terminate your use of the Service, in whole or in part, at any time without prior notice. Your access to the Service will be terminated automatically if the Payment Account is closed, or access to the Payment Account is restricted for any reason. If you terminate the Service, you authorize us to continue making transfers and payments you have previously authorized until such time as we have had a reasonable opportunity to act upon your termination notice, not to be less than ten (10) business days. Once we have acted upon your termination notice, we will make no further transfer or payment from your Account, including any transfer or payment you have previously authorized. If we terminate your use of the Service, we reserve the right to make no further transfers or payments from your Accounts, including any Transactions you have previously authorized. If you would like to transfer the Service to a different account with us, you must provide ten (10) Business Days advance written notice. Termination will not affect your liability or obligations under the Agreement.
NOTICES Except as otherwise provided in the Agreement, all notices required to be sent to you will be effective when we mail or deliver them to your last known mail or e-mail address that we have for you in our records. You agree that we may send or provide by electronic communication any notice, communication, amendment, or replacement to the Agreement, or disclosures required to be provided orally or in writing to you. You agree to receive any electronic messages sent to you and will not attempt to avoid receiving any messages. You are deemed to have received any electronic messages sent to you when they are made available to you. Except as otherwise provided in this Agreement, any notice that you send to us shall be effective five (5) Business days after our receipt of your notice.
ASSIGNMENT You may not assign the Agreement to any other party. We may assign the Agreement or delegate any or all of our rights and responsibilities under the Agreement to any third parties.
REMEDIES No delay or omission by us in exercising any rights or remedies under the Agreement shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise of any other right or remedy. No waiver shall be valid unless signed in writing by us.
GOVERNING LAW/SEVERABILITY The Agreement shall be governed by the laws of the State of Kansas without regard to its conflicts of laws provisions, and applicable federal laws and regulations. If any provision of the Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
INDEMNIFICATION In consideration of being allowed access to the Service, you agree to indemnify and hold Kaw Valley Bank harmless for any losses or damages to Kaw Valley Bank resulting from your use of the Service, to the fullest extent allowed by applicable law.