|BANK OF HARTINGTON
INTERNET BANKING AGREEMENT
Terms and Conditions
The first time you access your accounts through Internet Banking, you agree to be bound by the terms and conditions of this Internet Banking Agreement and acknowledge its receipt and your understanding of its terms.
This Agreement explains the terms and conditions for accessing accounts and conducting transactions at Bank of Hartington (“Institution”, “we”, “us” and “our”) via our on-line Internet Banking site(s) (“Internet Banking”). As used in this Agreement, the terms “you” and “your” refer to each person signing an Internet Banking Application.
Benefits of Internet Banking.
Through Internet Banking, you can manage eligible accounts from your home or office on a personal computer. Internet Banking can be used to conduct any of the following “On-line Financial Services”.
Obtain balances and transaction histories on all eligible accounts enrolled in Internet Banking Activity is updated throughout the day.
Transfer money between eligible accounts (The number of transfers you can make from account is limited as described in the applicable account agreement. In addition, if a hold is placed on any funds deposited in an eligible account, you may not transfer the portion of funds being held until that hold expires); transfer money to pay consumer loans, home equity loans, or certain other eligible loans; and pay bills to any merchant, financial institution or an individual with a U.S. address. Making stop payments and reordering checks are also benefits.
Bank of Hartington may, from time to time, introduce new On-line Financial Services. By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.
Security & Protecting Your Account.
We are strongly committed to protecting the security and confidentiality of our customer accounts information. We use several techniques to help secure our Internet Banking service, including the following:
- You can only access Bank of Hartington with certain browsers that have a high security standard.
- Your account numbers are never displayed in full.
- You must have a valid Internet Banking ID and personal identification number (“PIN”) to logon.
- If no action is taken for 5 minutes, you will be automatically logged off the Internet Banking service.
To access On-Line Financial Services you must have Windows: IE, 4.01 SP1 and 5.0, Netscape Navigator 4.08, and Netscape Communicator 4.7 or compatible web browser and 128 bit data encryption.
In addition to compatible software, you must have an Internet Banking ID, a personal identification number (“PIN”) and maintain one or more of the following eligible accounts at Bank of Hartington.
Any account that requires two or more signatures to make withdrawals, transfers or other transactions is not eligible for On-line Financial Services. Also, a Bank of Hartington savings account is limited to 6 withdrawals per month with no ACH’s to a third party.
Your Password will give you access to Bank of Hartington accounts via Internet Banking. Bank of Hartington is entitled to act on any instructions it receives using your Password. For security purposes, it is recommended that you memorize your Password and do not write it down. We also recommend that you change your Password regularly (at least every 90 days) to try and avoid misappropriation by a third party. Your Password can be changed at our Internet Banking site. You are responsible for keeping your Password and account data confidential. When you give someone your Password, you are authorizing that person to use Internet Banking and the On-line Financial Services. You are responsible for all transactions performed using your Password, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your Password will be charged against your account(s).
You can usually access On-line Financial Services seven (7) days a week, twenty-four (24) hours a day. However, at certain times, some or all of Internet Banking or On-line Financial Services may not be available due to system maintenance or reasons beyond Bank of Hartington’s control. Bank of Hartington does not warrant that Internet Banking or On-line Financial Services will be available at all times. When unavailable and in a limited capacity, you may use our automated teller machine (“ATM”) located at 303 S. Robinson Ave, Hartington, Nebraska (Scott’s Package Liquor) to conduct your transactions. An On-line Financial Service transaction initiated prior to 3:00 PM (Central Time) on a banking day is posted to your account the same day. All transfers completed after 3:00 PM (Central Time), or on a non banking day, will be posted the following banking day.
You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the Internet Banking or On-line Financial Services. You may not gain, or attempt to gain access to any Internet Banking and/or On-line Financial Service server, network or data not specifically permitted to you by institution or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with Bank of Hartington or its suppliers.
Bill Payment Service.
The Bill Payment service allows you to schedule bill payments through Internet Banking. Bank of Hartington does not provide the service directly. Instead, Bank of Hartington entered into an agreement with a bill payment provider to provide bill payment services directly to you. Subject to any regulatory or Bank of Hartington – imposed limitations on usage, you can arrange, at your option, for the payment of your current, future and recurring bills from a checking account or a money market checking account. There is no limit to the number of payments that may be authorized for a regular checking account, but a money market checking account is limited to six transactions per month, however the amount of any individual payment may not exceed $9,999.99. While payments are initiated by you electronically, they are ultimately paid via an automated clearinghouse (ACH) network or by a paper check. Payments delivered over an ACH network are governed by the rules and performance standards of that network.
By furnishing the names of your payees/merchants and their addresses, you authorize Bank of Hartington and its bill payment provider to follow the payment instructions you provide for those payees/merchants. When payment instructions are received, funds will be remitted from the selected account, to the appropriate payee on your behalf on the day that you request (“Payment Date”). However, there is no obligation to make requested payments unless your account has sufficient funds or credit availability to pay the bill as of the Payment Date. Funds for bill payments will be withdrawn from your account on the applicable Payment Date. A bill payment account (“Bill Payment Account”), separate from any account you hold at Bank of Hartington, is established at the Bill Payment provider. When the Bill Payment provider receives notification of any return item, such as NSF or Account Closed, a block is placed on the Bill Payment Account for a minimum of five (5) business days. This prevents you from initiating any additional payments through the Bill Payment Account or from having any recurring or future dated payments made until the original return item has been paid. You may stop or change any scheduled payment, but you must do so by no later than 2:30 PM (Central Time) on the Payment Date. The bill payment provider is obligated to pay any late fees incurred by you because of late payments so long as you allow seven (7) business days for payments by check and at least four (4) business days for electronic payments.
Bank of Hartington and its Bill Payment provider reserve the right, at their discretion, to implement security features to reduce risk of loss. These may include requiring pre-authorized drafts, verifying funds through an ATM network, and separating debits from credits so that payments are not sent until after good funds are received. Bank of Hartington and its Bill Payment provider also reserve the right to terminate your use of Bill Payment services at any time.
If, for any reason, you should ever wish to cancel Internet Banking, we strongly suggest that you cancel all future bill payments at the same time. This will ensure that future payments and transfers made by you will not be duplicated. We will automatically delete any outstanding payment orders (all individual payments and all recurring payments) once we have been notified that your Bill Payment service has been terminated. We will continue to maintain your accounts until you notify us otherwise.
Neither Bank of Hartington nor its suppliers will be liable for any transaction if : (i) you do not have enough money in your account to complete the transaction; (ii) a legal order prohibits withdrawals from your account; (iii) your account is closed or has been frozen; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with Internet Banking or On-line Financial Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide us with complete and correct payment or transfer information; (viii) you did not properly follow the instructions for use of Internet Banking or On-line Financial Services; (ix) you knew that Internet Banking and/or the On-line Financial Services were not operating properly at the time you initiated the transaction or payment; (xi) there is postal delay; or (xii) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.
Fees and Charges.
You must promptly pay the following fees and charges for use of the On-line Financial Services described in this Agreement. Fees for online transactions, such as stop payments, may be automatically debited from your Bank of Hartington checking account. You will be notified of fees as you are completing transactions requiring a fee.
There is not a fee for the use of the Bank of Hartington Internet Banking at this time.
You should notify us immediately if you believe anyone has improperly obtained your Password or if you suspect any fraudulent activity in your account(s). If your Password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. If you do not tell us within the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us, or the bill payment provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays.
When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) 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; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to bay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, 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 or international transactions, after we hear from you. 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. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If we confirm an error, we will correct your account record within ten (10) business days, or twenty (20) business days in the case of point of sale or international transaction. If we determine that there was not error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation.
Electronic Mail (E-mail).
Sending E-mail is a very good way to communicate with Bank of Hartington regarding your accounts or the On-Line Financial Services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail to Bank of Hartington. You cannot use e-mail to initiate On-line Financial Service transactions. All such transactions must be initiated using the appropriate functions within the Internet Banking site. Bank of Hartington will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
Disclosure of Information.
Information submitted to Bank of Hartington or its suppliers is the property of those parties, and they are free to use and disclose that information, or any ideas, concepts, know-how or techniques contained in that information to any third party for any purpose whatsoever, except as specifically agreed by Bank of Hartington or prohibited by law.
Links to other Sites.
Information that Bank of Hartington publishes on the World Wide Web may contain links to other sites and third parties may establish links to other sites and third parties may establish links to Bank of Hartington’s site. Bank of Hartington makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, Bank of Hartington does not endorse the products or services offered by any company or person linked to this site nor is Bank of Hartington responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.
Bank of Hartington is not responsible for any electronic virus that you may encounter using the On-line Fund Services. We encourage you to routinely scan your computer and diskettes using reliable virus protection product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.
Damage and Warranties.
In addition to the terms previously disclosed, Bank of Hartington is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by Internet Banking or the use of the On-line Financial Services or in anyway arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Bank of Hartington or one of its suppliers. In addition, Bank of Hartington disclaims any responsibility for any electronic virus (es) Customer may encounter after installation of such software or use of Internet Banking or the On-line Financial Services. Without limiting the foregoing, neither Bank of Hartington nor it suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Bank of Hartington and its suppliers provide Internet Banking and the On-line Financial Services from their own sites and they make no representation or warranty that any information, material or functions included in Internet Banking or the On-line Financial Services are appropriate for use by you in your jurisdiction. If you choose to use Internet Banking and/or the On-line Financial Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Bank of Hartington nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Internet Banking, the On-line Financial Services, or contained in any third party sites linked to or from Bank of Hartington’s web site. BANK OF HARTINGTON MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF INTERNET BANKING, ON-LINE FINANCIAL SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. BANK OF HARTINGTON DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
Customer shall indemnify, defend and hold harmless Bank of Hartington and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer’s negligence; (ii) Customer’s failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this Agreement.
Due to the likelihood of irreparable injury, Bank of Hartington shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.
Termination and Changes in Terms.
Bank of Hartington reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the address shown in our records; and/or 3) update of our web site.
Applicable Rules, Laws, and Regulations.
You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Nebraska, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Pinellas County, Florida, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses.
Bank of Hartington may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Bank of Hartington.
If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Bank of Hartington, this Agreement will control.
Bank of Hartington shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Bank of Hartington of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.