FIRST MINNETONKA CITY BANK
On Line Banking Agreement
WHEN YOU ACCESS ANY OF YOUR ACCOUNTS FOR THE FIRST TIME THROUGH THE USE OF ONE OR MORE OF THE SERVICES DESCRIBED BELOW, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS OR DO NOT UNDERSTAND ANY TERMS OF THIS AGREEMENT, PLEASE CONTACT THE BANK PRIOR TO YOUR USE OF THE SERVICES.
The terms “we,” “us,” “our,” and “Bank” refer to First Minnetonka City Bank . The terms “you” and “your” refer to each person listed who is entitled to use the Bank account according to such person’s(s) existing agreements with the Bank. If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in the other agreements between you and Bank, this Agreement will control.
1. SERVICES -Bank agrees to provide you with the Online Banking Services described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Services”). You agree to the terms and conditions contained in this Agreement, including all exhibits attached hereto.
2. IDENTIFICATION -To utilize our Online Banking Services you must have one or more accounts with the Bank, an Internet Banking ID and a personal Password.
3. OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS. –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 might be liable for some of your losses or damages. However, we will not be liable:
· If through no fault of ours, you do not have enough money in your account to make a transfer or bill payment;
· If we are directed to prohibit withdrawals from the account by applicable law or court order; or if the money in your account is subject to legal process or other encumbrances restricting transfer;
· If your account is closed or if it has been frozen;
· If the transfer or bill payment would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts;
· If you, or anyone you permit to utilize the Services, commits any fraud or violates any law or regulation;
· If any electronic terminal or telecommunication device malfunctions or is otherwise not working properly and/or prevents the utilization of the Services;
· If you have not provided us with complete and correct payment information, including, without limitation, the name, United States address, and payment amount for the payee on a bill payment;
· If you have not properly followed the instructions for using the Services;
· If circumstances beyond our control (such as fire, flood or improper transmission or handling of payments by a third party) prevent the utilization of the Services, including without limitation a transfer or bill payment, despite reasonable precautions taken by us.
4. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES -The Bank’s liability for damages arising out of this Agreement will not exceed the aggregate fees paid by you to the Bank as stated in this Agreement. In no event shall either party have any liability to the other party or any third party for any lost profits or costs of procurement of substitute goods or services or for any indirect, special or consequential damage resulting from or arising out of this Agreement. Notwithstanding the foregoing, in no event shall the Bank be liable for any losses or damages resulting from:
· Services and/or data provided by your data processing vendor(s);
· A virus, the prevention of which was beyond the reasonable control of bank, or
· A third party gaining access to the Bank’s system and obtaining or altering data.
Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by these Services or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC equipment. You, in consideration of being allowed access to the Services, agree to indemnify and hold the Bank harmless for any losses or damages to you resulting from use of the Services, to the extent allowed by applicable law.
5. NO WARRANTIES –The Bank makes no representations or warranties to you or any other person, expressed or implied, in law or in fact, and disclaims any and all implied warranties of fitness for a particular purpose, merchantability or suitability, to you or any other person, of any of the services provided by the Bank under this agreement or any computer software products or programs provided by the Bank under this agreement, or as to the stability or compatibility of the Bank’s software, equipment or communication interfaces with those used by you.
6. AUTHORITY -You warrant to the Bank that you have full and complete authority to enter into this Agreement. Bank may accept oral or written instructions (including written instructions sent via facsimile or other electronic transmission) from any person. Any person may utilize the services who has been provided a PIN or user ID number by you or provides a valid PIN or user ID number (collectively “Authorized Person”). The Bank may require further written confirmation of instructions given orally or by facsimile. Any person authorized to sign on an account is also deemed to be authorized to conduct any transaction related to that account and the Bank may, at its discretion, rely on any written notice containing signatures of an Authorized Person if the Bank believes, in good faith, that the signature is genuine. Each Authorized Person may act alone. If the Bank receives conflicting instructions from an Authorized Persons, the Bank may:
· Refuse to honor any of the instructions until the Bank receives instructions to which all Authorized Persons agree or
· Honor one or more of the instructions received,
· Submit to a court all funds which are subject to the conflicting instructions
7. Security Procedures By accessing the Services, you hereby acknowledge that you will be entering a protected web site owned by the Bank, which may be used only for authorized purposes. The Bank may monitor and audit usage of the Services, and all persons are hereby notified that use of the Services constitutes consent to such monitoring and auditing. Unauthorized attempts to up-load information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act 1986. You acknowledge and agree that you have approved such security procedures and that the procedures are commercially reasonable and adequate for the purposes intended. The Bank may rely on the security procedures identified herein to determine whether any instructions are authorized. You will be bound by instructions issued in your name (or in the name of your Authorized Persons) and accepted by the Bank in compliance with the security procedures set forth, whether or not you actually authorized such instructions. If the security procedures include a PIN or user ID number (collectively, a “password”), you agree that you and your Authorized Persons will keep the passwords confidential. If you believe or have reason to believe that any security procedure or password has or may have become known by unauthorized persons you will immediately notify the Bank in person or by telephone and agree to confirm that oral notification in writing to the Bank within 24 hours. The Bank shall have no liability for losses caused by unauthorized access to any confidential information in your control. You will hold Bank harmless from any losses, costs, suits, damages, liabilities and expenses resulting from your failure to keep the password confidential or otherwise adequately manage the use of the password. You will be liable for any instructions and other communications initiated before the Bank has received such notice and has had reasonable opportunity to act on such notice. Bank reserves the right to change any or all of the security procedures at any time by giving written notice (which may be made by email or facsimile) to you.
8. E-MAIL COMMUNICATION - The Bank will not communicate personal information or information about your accounts and your transactions with us via unsecured e-mail unless specifically authorized to do so by you. The Bank shall have no liability for any losses caused by unauthorized access to confidential information sent via e-mail whether initiated by you or by the Bank at your request and you will hold the Bank harmless from any losses, costs suits damages or expenses resulting there from.
9. BUSINESS DAY -Unless otherwise defined by this Agreement or as amended in an Exhibit, a Business Day is any day that the Bank is operating and open for business. Saturdays, Sundays and elected federal holidays shall not be considered Business Days. You may contact the Bank to inquire if a given Federal Holiday is determined by the Bank to be a Business Day. All transactions, deposits, instructions and entries received by Bank on a day, which is not a Business Day, will be treated as if received on the next Business Day. The Bank’s normal business hours are listed in Exhibit “C”.
10. HOURS OF ACCESSIBILITY -You can usually access your Bank accounts through the Services seven (7) days a week, 24 hours a day. However, at certain times, some or all of the Services may not be available due to system maintenance or reasons beyond the Bank’s control. The Bank specifically does not warrant that the Services will be available at all times. During those times when services are not available, you may use touch-tone telephone service, a Bank ATM or a Bank branch to conduct your transactions (assuming you have applied for and been accepted to utilize such telephone and ATM services). A transfer, other than a wire transfer, initiated through the Services before 5:00 p.m. (Central Time) on a business day is posted to your account the same day. All transfers completed after 5:00 p.m. (Central Time) on a business or on a Saturday, Sunday or banking holiday, will be posted on the next business day.
11. TERMINATION -Either party may terminate this Agreement and your access to the Services, in whole or in part, at any time by providing the other party written notice. If you want to terminate your access to the Services, call us at 952 935-8661. After receipt of your call, we will send a written termination authorization for you to sign and return to us. In order to avoid imposition of the next monthly fee, we must receive your written authorization to terminate three (3) days before your service charge is scheduled to assess. RECURRING TRANSFERS WILL NOT NECESSARILY BE DISCONTINUED BECAUSE YOU TERMINATE ACCESS TO THE SERVICES. IF YOU WANT TO MAKE SURE THAT RECURRING TRANSFERS BETWEEN ACCOUNTS ARE STOPPED, YOU MUST FOLLOW THE PROCEDURES FOR CANCELING PAYMENTS OUTLINED IN EXHIBIT A BELOW.
12. We reserve the right to terminate the Services, in whole or in part, at any time with or without cause and without prior written notice. The Bank may at its option discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend the Services in situations deemed appropriate by us, in our sole and absolute discretion including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your PIN or password as an indication of an attempted security breach. We will notify after any termination or suspension of the Services. Such notice will identify the affected Services and the effective date of the action. Termination of the Services does not affect your obligations under this Agreement with respect to occurrences before termination.
13. FEES AND CHARGES -You agree to immediately pay the Bank for the Services in accordance with the Bank’s fee schedule, which is included as part of Exhibit “B”. The Bank may modify its fee schedule at any time upon 30 day prior written notice to you. You are also responsible for any telephone charges which you may incur by accessing your accounts utilizing the Services and other applicable fees.
14. AUTHORIZATION TO OBTAIN INFORMATION –You agree that we may obtain and review your credit report from a credit bureau or similar entity. You also agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments.
15. DISCLOSURE OF INFORMATION TO THIRD PARTIES -You authorize Bank and each of its affiliates to disclose to third parties information you have provided or that we or our affiliates have obtained about your accounts and the transfers you make:
· To comply with government agency rules, regulations, court orders, or other applicable law; or
· To verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
· Where it is necessary for completing transactions or resolving errors involving the Services; or
· To our employees, service providers, auditors, collection agents, affiliated companies, or attorneys in the course of their duties and to the extent allowed by law: or
· To provide services relating to your account or to offer other products and services; or
· If you otherwise give us your written permission.
Miscellaneous Terms and Conditions
1. SEVERABILITY -If any section, provision or condition of this Agreement is deemed invalid or unenforceable, the provision deemed invalid of unenforceable will, to the extent permitted by applicable law, be deemed reformed so as to be valid and enforceable. If such reformation is not possible, this Agreement will be read as if that provision were never a part of it, and the remainder of the Agreement will be valid and enforceable.
2. NO WAIVER - No waiver of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of the Bank. If the Bank waives any failure or breach by you hereunder, such waiver will not operate to waive any other breach of the same or different provision.
3. ADDITIONAL INFORMATION -You agree to execute any additional documents and to provide any information (including information necessary to remake or reconstruct any deposit, transmission, file or entry) that the Bank reasonably requests.
4. FORCE MAJEURE -No party will be deemed to have breached this Agreement if it fails to perform because of a cause beyond the reasonable direct control of that party, and without fault or negligence of that party. Examples of causes beyond the reasonable direct control of a party include, without limitation, any failure or interruption of any electronic communication system between you and the Bank, equipment or software failure or malfunction, electrical, computer, or mechanical failure or malfunctions, action or inaction of government, civil or military authority, fire, strike, lockout or other labor disputes, flood, hurricane, war, riot, theft, earthquake, natural disaster, default of common carriers or third party vendors, and suspension in payments by another financial institution.
5. SUCCESSORS AND ASSIGNS -This Agreement is binding upon and is for the benefit of the Bank and you and their respective successors and assigns. The Bank may, at any time, assign this Agreement to any affiliate, subsidiary, parent, any company owned or controlled by any affiliate, subsidiary or parent company or any entity who acquires substantially of the business of the Bank. Otherwise, The Bank and you may not assign this Agreement to any other person without the express written agreement of the other party.
6. AMENDMENTS -We reserve the right to change the charges, fees or other terms described in this Agreement. When changes are made to any fees, charges, or other material terms, we will update this Agreement, and send a notice to you at least thirty (30) days in advance of the change. We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain or restore the security of our system or an account. However, even in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly schedule periodic statement we send you, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account.
7. APPLICABLE RULES, LAWS, AND REGULATIONS -This Agreement shall be governed by, and you agree to comply with, the laws and regulations of the State of Minnesota and applicable Federal laws and regulations. In addition, you agree to be bound by and will comply with the terms of this Agreement, requirements of Your Account, the Bank’s rules and regulations and the rules and regulations of any funds transfer or wire system to which the Bank belongs. Any dispute between Bank and you must be brought in the relevant court in Hennepin County, Minnesota where the Bank is located. Customer acknowledges that he/she has reviewed this Customer Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby.
8. NOTICES -Unless otherwise required by applicable law or specified by you, notices, disclosures or communication under this agreement will be considered effective if sent to you electronically to your e-mail address as reflected in our then current records. Otherwise, such notices shall be mailed to the most recent street address reflected in your Checking or Savings Account records at the bank. (Please notify the Bank at 952 935-8661 if you do not wish to receive such notices electronically)
9. ENTIRE AGREEMENT -This agreement and all amendments, exhibits and attachments embody the entire agreement between you and the Bank regarding the services covered under this agreement. It supersedes all proposals and prior agreements and all oral discussions relating to the subjects covered by evidence of prior, contemporaneous or subsequent oral agreements between you and the bank.
1. In case of questions or errors about on-line funds transfers or bill payments made through the use of the Services, you should call your local branch.
2. Write to your local branch as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need more information about a transaction listed on the statement or transaction record.
3. We must hear from you no later than sixty (60) days after we have sent the first paper or online statement on which the problem or error appeared. If you notify us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
4. When you tell us about the problem, please:
· Tell us your name and account number;
· Describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need;
· Tell us the dollar amount of any suspected error;
a bill payment, tell us the checking account number used to pay the bill, payee
name, date the payment was sent, payment amount, reference number, and payee
account number for the payment in question.
5. We will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale purchases, after we hear from you and we will correct any error promptly. If we
need more time, however, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. If we decide to do this, we will re-credit your account within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, 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 of this request, we will not re-credit your account. If we determine there was no error, we will send you a written explanation within three (3) business days after we finish our investigation and debit the amount of the error that we previously credited. You may request copies of the documents that we used in our investigation.
6. Unauthorized Transactions in Your Accounts: Notify us at once if you believe another person has improperly obtained your Online Password. Also notify us if someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. To notify us, call or write to your local branch.
7. If your Online Password has been compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your Online PIN without your permission to access a Bank deposit account. If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500. Also, if your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us at once. If you do not notify us within sixty (60) days after the paper or Online statement was sent to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money you had lost after sixty (60) days. If extenuating circumstances, such as a long trip or hospital stay kept you from telling us, the time periods in this section will be extended.
You may use a Personal Computer (“PC”) through an Internet connection to obtain your account balances and transaction information. You may also use your PC to obtain statements on your accounts or transfer money between your accounts. However, transfers from your savings and Money Market accounts are considered pre-authorized transfers, and pre-authorized transfers are limited to six (6) per monthly statement cycle by federal regulations. In addition, you may use your PC to electronically direct us to make payments from your account to parties (“Payees”) that you have selected to receive payment through the Service. You may make payments through the Service to any business professional, merchant, or friend. The “Account” means your designated bill payment checking account at the BANK from which we make bill payments on your behalf pursuant to this Agreement. By subscribing to the Service or using the Service to make any payments to a third party, you agree to the terms of the Agreement.
2. Your Merchant List.
You may designate a list of companies, merchants, financial institutions, insurance companies, individuals, etc. to whom you regularly make payments through FMCBank Bill Pay. At your option, you may establish regular recurring payments to made automatically, at a specified amount, or designate each payment individually. To establish a payee list you must provide a complete mailing address and telephone number and your customer account number for each payee. We reserve the right to decline to make payments to certain persons or entities.
3. Your User Code and Password.
Each individual who has access to Online Banking, including each individual named on joint accounts, must designate a Password. Your Password must be a minimum of 6 characters, up to a maximum of 17 characters, which must consist of at least one (1) number and one (1) lower case letter. You may be required to change your Password periodically to enhance security. If you forget your Password you may contact the Customer Service at 952-935-8661
4. Scheduling Payments.
You may choose to add Bill Pay and use your PC to electronically schedule payments with the Service. Payments are posted against your balance available for withdrawal, as defined in the Bank’s Funds Availability Policy, plus the available credit on your overdraft protection, if any, or other line of credit.
5. Delivery of Your Payments and Transfers.
You may schedule payments to be initiated on the current business day, on a future date, or on the same date of each month, subject to the restrictions in the Agreement. Although you can enter payment information through the Service twenty-four (24) hours a day, seven (7) days a week, payments can be initiated only on business days. Funds will be deducted from your Account on the business day on which a payment is to be “initiated.” This date is referred to in this Agreement as the “Transaction Date.” If you designate the initiation of a payment to occur on a day other than a business day, it will be initiated on the following business day. After funds are withdrawn from your Account, we may remit your payments by mailing your Payee a check, by electronic funds transfer, including ACH (Automated Clearing House) or by other means. Because of the time it takes to send your payment to them, your Payees generally will not receive payment on the Transaction Date. This applies regardless of whether the payment is a next-day payment, a future payment, or a recurring payment, as described below. Therefore, in order to provide sufficient time for payments to be received by your Payees, the Transaction Date should be 5 to 7 business days prior to the date your payment is due, excluding any applicable grace periods (the “Due Date”). It will be helpful if you allow additional time for a payment to be completed the first time you send a payment to a Payee through the Service. This allows the Payee to adjust to the new form of payment. You may schedule a payment to be initiated on any business day or any future date. Payments must be scheduled by the normal cut-off time of 5:00 p.m. (Central Standard Time) on any business day in order for the payment to be initiated for that business day. Transfers must be scheduled by the normal cut-off time of 5:00 p.m. (CST) in order for the transaction to be completed on that business day.
6. Recurring Payments.
Recurring payments are those made for the same amount and are made on a weekly, bi-monthly, monthly basis, etc. Once started, recurring payments will be made automatically until you tell us to stop or cancel the service and we have a reasonable opportunity to react.
7. Canceling Payment.
You may use your PC to cancel a payment up to 5:00 p.m. (CST) on the business day your payment is scheduled to be initiated (“Transaction Date”). There is no fee for canceling payment Online. Canceling by other means must be made at least one (1) day prior to scheduled payment date. We may be able to stop individual payments after the transaction date if we are given timely notice. However, we can not guarantee the ability to recall an item. Individual stop payment requests will be subject to the bank’s regular stop payment fee (Exhibit B).
All payments, transfers, and/or fees made with the Service will appear on your monthly Account statement. The Payee name, payment amount, and date of the payment will be shown for each payment made through the Service during that month.
Charges shall be automatically deducted from customer’s Account, and BANK shall provide to Customer monthly notice of such debit(s) on your statement. See Exhibit B for the Schedule of Service Fees.
You are solely responsible for the equipment (including, in the case of Online Banking, your personal computer and software) you use to access the Service. We are not responsible for errors or delays or your inability to access the Services caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the Services nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon.
SERVICE FEES SCHEDULE Exhibit B
Stop Payment Fee $30.00
Overdraft Fee $30.00 per item
Nonsufficient Funds Item $30.00 per item
REFER TO YOUR “TRUTH IN SAVINGS” DISCLOSURE FOR OTHER FEES AND SERVICE CHARGES ASSOCIATED WITH YOUR DEPOSIT ACCOUNTS
BUSINESS HOURS Exhibit 3
The Bank’s regular business days for processing transactions are Monday through Friday ( except federal holidays ) subject to the cut times listed below:
For Online Banking 5:00 PM
All Other transactions 3:00 PM
Transactions conducted after these times will be recorded on the following business day. Transactions conducted after the Friday cut off, on Saturday, or Sunday will be recorded the following Monday. Likewise, transactions conducted over a federal holiday will be recorded as of the first business day following the holiday.
Location, Services and Business Hours
Walk in and Drive up Tellers
Walk in and Drive up Tellers
Both locations offer the following:
Monday-Friday 9 a.m. to 5 p.m.
Saturday 9 a.m. to 12:30 p.m. (Glen Lake Office only)
Monday - Friday 7 a.m. to 6 p.m.
You can also access our TeleBank service, available 24 hours a day, seven days a week, at 952-932-9690. For customer service, call 952-935-8661.
To report a lost or stolen card, call our 24-hour hotline at 1-800-535-8440.