Electronic Funds Transfer Disclosure
Online Banking Service Agreement
This Agreement, which includes the Enrollment Form, is a contract, which establishes the rules, which cover your electronic access to your accounts at KCB, hereafter referred to as “the Bank”, through the Online Banking Service (SERVICE). By using the SERVICE, you accept all the terms and conditions of this Agreement. Please keep a copy of this disclosure for your records.
The terms and conditions of the deposit agreements and disclosures for each of your Bank accounts as well as your other agreements with the Bank, such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.
This Agreement is also subject to applicable federal laws and the laws of the State of Missouri (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and KCB’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment Form, constitutes the entire agreement between you and the Bank with respect to the subject matter hereof and there are no understandings of agreements relative hereto which are not fully expressed herein.
As used in this Agreement, the words, “we,” “our,” “us,” and “Bank” mean KCB. “You” and “your” refer to the account holder authorized by the Bank to use the SERVICE under this agreement. “Electronic funds transfers,” means ATM withdrawals, preauthorized transactions, transfers to and from your Bank accounts using the SERVICE, including online bill payments. “Service,” means the services provided pursuant to this Agreement, including the online bill payment service. “Business days,” means Monday through Friday, holidays are not included.
To use the SERVICE, you must have at least one account at the Bank, access to the Internet, and an e-mail address. Once we have received your submitted Enrollment Form, and verified your account information, we will send you, by postal mail, confirmation of our acceptance of your enrollment, along with your assigned log-in ID and temporary password. The SERVICE can be used to access only the Bank accounts found here at KCB. We undertake no obligation to monitor transactions through the SERVICE to determine that they are made on behalf of the account holder.
You can use the SERVICE to check the balance of your Bank accounts, view Bank account histories, view images of checks and deposits, transfer funds between your Bank accounts, make loan payments, and pay bills online from your Bank accounts. Transactions entered after 6:00 p.m. will be processed on next day’s business. We may introduce new services from time to time. We will notify you of any of these services. When you use the services as they become available you agree to the rules governing these new services, which will be communicated to you.
Hours of Access
You can use the SERVICE seven days a week, twenty-four hours a day, although some or all SERVICES may not be available occasionally due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the SERVICE web site.
When you log into your account for the first time, you will be asked for a 9-digit user ID number to place in the user ID box, and then be prompted for your online password. For your initial sign on you will receive a letter from the bank providing user ID and initial password. For security purposes, you are required to change your user id and password upon your initial login to the SERVICE. Your new password is required to be alphanumeric, at least 8 characters in length including 6 letters and 2 numbers. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password. We recommend that you create a password not associated with any commonly known personal identification, such as address, and date of birth. Social Security Number and name may not be used. Passwords should be memorized rather than written down.
Next you will need to provide answers for 3 challenge questions, and select whether you are logging in with your personal computer or a public computer. Only register computers that you frequently use and are not available for public use. The next time you log in Enhanced Online Security will recognize you and display your private image and phrase. If the authentication image and phrase do not match, do not enter your password. Start over or contact KCB at 816-628-6050 for assistance.
Every 120 days the system will force a password change for your security. To change your password before the 120th day, the user will log into the Online Banking System and then go to the Services tab and select Change Password.
You are allowed 3 password attempts, and on the 3rd attempt, if invalid, you will be locked out of the system. If a subscriber loses or forgets their password, they may have to call the bank to have it reset. KCB employees will not have access to subscriber’s password. To re-establish your authorization to the Online Banking system, you must contact a Financial Service Representative at 816-628-6050, to have your password reset.
You understand the importance of your role in preventing misuse of your accounts through the SERVICE and you agree to promptly examine your paper statements for each of your Bank accounts as soon as you receive it. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your password, login ID, and challenge questions are intended to provide security against unauthorized entry and access to your accounts. Data transferred via the SERVICE is encrypted in an effort to provide transmission security and the SERVICE transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the SERVICE is secure, you acknowledge that KCB is making no statement as to the security of your business transacted via the Internet.
Posting of Transfers
You may initiate the following transfers:
1. Transfer funds from a checking account to another checking account.
2. Transfer funds from a checking account to a savings account.
3. Transfer funds from a checking account to a loan account.
4. Transfer funds from a savings account to another savings account.
5. Transfer funds from a savings account to a checking account.
6. Transfer funds from a savings account to a loan account.
Transfers initiated through the SERVICE before 6:00 p.m. (Central Standard Time) on a business day are posted to your account the same day. Transfers completed after 6:00 p.m. (Central Standard Time) on a business day, or at any time on a Saturday, Sunday, or banking holiday, will be posted on the next business day. The SERVICE identifies transfers based upon the login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in both the Transfer and Bill Payer menu options of the SERVICE may not reflect transfers made by multiple users from the same account if different login Ids are used. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers or online bill payments from your accounts in order to avoid overdrafts.
Overdrafts (order of payments, transfers and other withdrawals)
If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:
a. Electronic Funds transfers involving currency disbursements, i.e.: ATM withdrawals, will have priority;
b. Electronic Funds transfers initiated through the SERVICE which would result in an overdraft of your account may be canceled at our discretion;
c. In the event the Electronic Funds transfers initiated through the SERVICE that would result in an overdraft in your account are not canceled, overdraft charges may be assessed in accordance with the terms of the deposit agreement for that account.
d. Non-Sufficient Funds. If you do not have enough funds in your account to cover a check or other item, after considering any applicable overdraft protection, the check or item is considered a non-sufficient funds item. We are only required to make one determination of your account balance in deciding whether there are sufficient funds to pay a check or item. If that determination reveals insufficient funds to pay the check or item we may not honor it and return it. We may process checks in any order, including from highest dollar amount to lowest dollar amount. Alternatively, in our sole discretion, we may honor the check or item and create an overdraft. However, the creation of one or more overdrafts does not obligate us to act in a similar manner in the future.
Limits on Amounts and Frequency of SERVICE Transactions
The number of transfers from Bank accounts and the amounts, which may be transferred, are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
Online Bill Payment Enrollment
Once you have Online Banking you may sign up to use our Bill Pay Services. To enroll you will need to log into your online banking and click on Bill Pay. You will be required to review your name, address, and social security number, date of birth, phone number, e-mail address, and account number. If any of the information is incorrect or missing you would need to insert the correct information. (It will automatically pull your primary account number. Once you have access to online Bill Pay, you will be able to add multiple accounts to pay bills from. (You will not be allowed to pay from savings accounts.)
Online Bill Payment Service
You must designate the Bank account from which you want each bill payment to be made. You must provide us with the complete name of the payee, the account number and the payee’s remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be debited from your account. If the date you want the payment to be debited from your account is not a business day, your account will be debited the next business day before 2:00 p.m. (Central Standard Time). By using the Online Bill Payment Service options, you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer, “no signature required draft”, or by debiting and remitting funds on your behalf. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly. You may designate as many payees as you wish to receive payments through the Online Bill Payment Service. Payments may be made in any amount not less that $.01 and not exceeding $25,000.00. Payments exceeding $2,500.00 may be verified with online banking customer prior to payment. If sufficient information about a payee is not properly disclosed, the payment will be stopped and refunded.
Scheduling Service Payments
If the payee is to be paid by paper check, you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until five to seven business days after the date the payment is debited from your account. If the payee is being paid electronically, you understand and agree that the payee may not receive the payment until 72 hours after the payment is debited from your account. You understand and agree that we are not responsible for the timely delivery of the mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account. You understand estimated arrival date is only estimation, not an exact date of payment arrival.
How to Cancel a Bill Payment
To cancel a bill payment that you have scheduled through the SERVICE, you must cancel the payment online via the SERVICE by selecting the payment that is to be cancelled and then select cancel before 6:00 p.m. (Central Standard Time) on the date before the payment is scheduled to be debited from your account. If payment date falls on a weekend or bank holiday it will need to be deleted on the business day before scheduled date of payment.
Stop Payment Requests
Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment, which has been paid electronically. You may be able to stop a SERVICE bill payment paid by paper draft by contacting us by telephone to verify whether the paper draft has cleared, if it has not, we will implement your request as soon as we have had reasonable time to act on it. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the ID number from the Bill Payment View Posting Screen. We also require you to put your stop payment request for paper drafts in the form of paper writing and get it to us within 14 days after you called in the stop payment.
Disclosure of Account Information and Transfers
You understand information about your accounts or the transfers that you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant call to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to the SERVICE. You agree and hereby authorize all of these transfers of information.
You will not receive a separate SERVICE statement. Transfers to and from your accounts using the SERVICE will appear on the respective periodic statements for your Bank accounts.
Change in Terms
We may change any term of the Agreement at any time. If the change would result in fees for any online service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the web site or forward it to you by e-mail or by postal mail. Your continued use of any or all of the subject Online Banking Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse changes or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
In Case of Errors or Questions About Your
Contact us as soon as you can, at 816-628-6050, or e-mail us at firstname.lastname@example.org, if you think your statement is wrong, or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared.
Contact us as soon as possible at 855-830-1109 or 816-628-6050 if you think your statement is wrong, or if you have received information from the payee that there is an error. We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared. If a payment you have sent out is returned to us with invalid information, for example invalid account number, we will contact you via e-mail. You will then have 48 hours to contact us with the correct information. If we do not receive a response we will refund your checking and deactivate this payee to prevent any further payments from being affected.
When you contact us:
1. Tell us your name and account number.
2. Describe the error or 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.
3. Tell us the dollar amount of the suspected error.
4. If the suspected error relates to a bill payment made via the Online Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, payment confirmation number, and the payee account number of the payment in question. Look for this information in the Bill Payment History Screen. If you contact us we may require that you have sent us your complaint or question in the form of a paper writing by postal mail or fax within 10 business days.
We will determine whether an error occurred within 10 business days after you contact us and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 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 in 10 business days, we may not credit your account. We will tell you the results within 3 business days after we have finished our investigation. If we decide that there was no error, we will send you a written explanation after we have finished our investigation and debit your account for the provisional credit. You may ask for copies of the documents that we used in our investigation.
Our Liability for Failure to Make a Transfer
If we do not complete a transfer to or from your account, including an online bill payment, on time or in the correct amount, according to our agreement with you, we will be liable to you for your losses or damages caused as a result.
However, there are some exceptions. We will NOT be liable for instance:
1. If, through no fault of ours, you do not have sufficient funds in your account to make a transfer.
2. If a legal order directs us to prohibit withdrawals from your account.
3. If your account is closed.
4. If the transfer would cause your balance to exceed the credit limit of an established line of credit or the limit of an arranged overdraft protection plan.
5. If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
6. If any electronic terminal, telecommunications device, or any part of the SERVICE is not working properly and you knew about the problem when you initiated the transfer.
7. If you have not properly followed the on-screen directions for using the SERVICE.
8. If you have not provided us with complete and correct payment information for the Bill Payment Service, including the name, address, your payee-assigned account number, payment date and payment amount for the payee on an online bill payment.
9. If circumstances beyond our control, such as fire, flood, interruption in telephone service or other communication lines, prevent the transfer, despite reasonable precautions that we have taken.
Your Liability for Unauthorized Transfers
CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised or if someone has transferred or may transfer money from your accounts without your permission. Call us at (816) 628-6050 immediately to reduce any possible losses. You could lose all the money in your accounts, including your maximum overdraft privilege or overdraft line of credit. You can lose no more than $50 if you contact us within two business days after you discover the loss, theft, compromise, or unauthorized use of your password. If you do NOT contact us within two business days after you learn of the loss, theft compromise, or unauthorized use of your password, to access your accounts without your permission if you had informed us, you could lose as much as $500. If your statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not be reimbursed for any funds you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had informed us.
Disclaimer of Warranty and Limitations of Liability
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Services provided to you under this Agreement. We do not and cannot warrant that the SERVICE will operate without errors, or that any or all SERVICE will operate without errors, or that any or all the KCB Online Banking Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special, or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to the SERVICE, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of the Bank and its affiliates exceed the amounts paid by you for the services provided to you through the SERVICE.
Your Right to Terminate
You may cancel your SERVICE at any time by providing us with written notice by postal mail or fax. Your access to the SERVICE will be suspended no more than 15 business days after our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate
You agree that we may immediately terminate or limit your access to the SERVICE without prior notice if you have insufficient funds in any one of your Bank accounts, or upon reasonable notice, for any other reason in our sole discretion. If Bill Pay services are not used for a consecutive 60 days we can deactivate the service. The SERVICE may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
Communications Between BANK and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways. Also you may request paper copies of this disclosure without any cost to you sent via US mail:
• E-mail – You can contact us by e-mail at email@example.com. (Please note that banking transactions through the SERVICE are not made via e-mail.)
• Telephone – You can contact us by telephone at (816) 628-6050.
o Bill Pay Customers Telephone – (866) 791-8045
o Bill Pay Customers Live Chat
• Facsimile – You can contact us by fax at (816) 628-4248.
Consent to Electronic Delivery of Notices
You agree that any notice of other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the BANK SERVICE web site or by e-mail. If you do not wish to be contacted by e-mail, you agree to write the bank in a signed letter stating you do not wish to receive notices through e-mail. Also you agree to notify us immediately of any change in your e-mail address.
KCB requires that you use the eligible browsers listed below to access the Internet Banking SERVICE:
Microsoft Internet Explorer II
KCB Online Banking Fee Disclosures
Monthly Service Fee
Online Banking Free
Business Online Banking Free
Online Bill Pay $4.95 a month, Free if 5 or more payments are made