ONLINE BANKING AGREEMENT AND DISCLOSURE
You must scroll to the bottom of this agreement to continue
This Agreement sets out the rights and obligations of a user of the WEB banking service or the bill payment services ("Services"). It describes the rights and obligations of Valley State Bank of Belle Plaine, Kansas ("Bank"). Please read this Agreement carefully. You should keep a copy for yourself as this sets forth how your account will be handled. You will, also, be responsible for any subsequent changes to this agreement after you have been given 30 days written notice of the changes. The written notice can be either posted to the Valley State Bank WEB site or included with your monthly statement, (see paragraph 18 below).
The following definitions apply in this Agreement. "WEB banking" is the WEB?based service providing access to your Bank account(s); "Online Account" means any account from which you will be conducting transactions using this Service; and "Password" is the customer?generated code selected by you for use during the initial sign?on, or the codes you select after the initial sign?on, that establishes your connection to the Service. "Time of day" references are to Central Standard Time or Central Daylight Time, as applicable. "Transaction Date" means that day, unless after 4:00 p.m. CST, or on a holiday in which case it means the next business day. Any "We", "Us", or "Bank" refer to Valley State Bank of Belle Plaine, Kansas which offers the Services and which holds the accounts accessed by the Services. “Authorized Use” is use of the system by anyone using your “Password”, who you have given the password, or to whom you have made the password available.
1. Account Requirements.
In order to subscribe to the Service, you must have at least one account with Valley State Bank. You may also include other accounts such as checking, savings, money market deposit, certificates of deposit or loan accounts. WEB banking is not available on any account for which two signatures are required for withdrawals or loans. Use of the service will be subject to the underlying deposit account or loan account agreement for each Account.
Hardware and Internet Use.
a. Technical Requirements. In order to use the service, you will need access to the Internet. Failure of your equipment to access the Internet, or any failure on your system that causes a problem with your transactions are risks that are accepted by you. We will make an effort to assist you in determining whether there is a system incompatibility problem between your system and ours, but ultimately the problems with any incompatibility is a responsibility you accept.
b. No Liability. We are not responsible for any error, damage or other loss you may suffer due to the malfunction or misapplication of any software or system you use, including without limitation, any web browser, any Internet Service Provider, or any equipment you may use, including, without limitation, telecommunication’s facilities, computer hardware and modem. You are solely responsible for the set-up and maintenance of your computer, modem, or other access devices. Except as specifically required in this Agreement or by applicable law, you agree that we will not be liable for any damage, whether direct, indirect, special or consequential or otherwise, including economic, property, personal, or other loss or injury whether caused by hardware or system wide failure, whether due to a virus or other disabling routine, or otherwise, or resulting from the installation, use, or maintenance of the equipment, or other items necessary to access or use the service.
3. Availability of Service
The Services are available 24 hours a day, seven days a week, except during special maintenance periods. For purposes of transactions, the Bank's business days are Monday through Friday, excluding holidays and weekends. All Online Banking transaction requests received after 4:00 p.m. CST, on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day. The Bank's business day begins at 9:00 a.m. The bank does not guarantee availability of the service, the statements as to availability of service are merely the bank’s goal. The bank will make reasonable efforts to make the service available at these times.
4. Access to Services.
The Bank will provide instructions on how to use the Online Banking service or Bill Payment service. You will gain access to your Online Accounts through the use of your Internet?enabled device, your Internet Service Provider, your Password and your User ID.
5. Use of your Security Password.
You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. In order to protect yourself against fraud, you need to adhere to the following guidelines:
A. Do not give out your account information, Password, or User ID.
B. Do not leave your PC unattended while you are in the Bank's Online Banking Site.
C. Never leave your account information within range of others, and
D. Do not send privileged account information (account number, Password, etc.) in any public or general e?mail system.
6. If your Password has been lost or stolen
If your Password has been lost or stolen, call the Bank immediately at (620) 488-2211 between the hours of 9:00 a.m. to 4:00 p.m. (Central Time), Monday through Friday. Telephoning the Bank is the best way of minimizing your losses. If you believe your Password has been lost or stolen and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 if someone uses your Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Password, and we prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500. If you believe your Password has been lost or stolen, please use the Password change feature within the Online Banking section of the Web site to change your Password. If you find that someone has changed your Password, call us immediately so that unauthorized transactions may be stopped.
7. Banking Transactions with Online Banking.
A. Fund Transfers and Account Information.
1. Internet Banking Service. You may use the Service to: (I) transfer funds between your Accounts that are checking, savings, money market deposit, or open-end loan accounts; (ii) view current balance information for your accounts; and (iii) import or export your Account information to and from software for which the bank may from time to time decide to make export hooks. The bank does not accept responsibility for any such conversion utility, nor does it promise to continue to make this service available in the future.
2. Fund Transfers; Authorization. You may transfer funds between your Accounts that are checking. savings or money market deposit accounts in any amount equal to or greater than $0.01 and less than the available balance. When you request a fund transfer using the Service, you authorize us to follow the transfer instructions and transfer the funds from the designated originating Account to the designated recipient Account. The "Transaction Date” is the date that the fund transfer is actually made. If we receive your fund transfer request before 4:00 p.m. Central Time on a Business Day, that Business Day will be the Transaction Date. Otherwise, the Transaction Date will be the next Business Day. We deduct the amount of your fund transfer from the designated originating Account on the Transaction Date. We may refuse to act on your fund transfer instruction if sufficient funds, including funds available under any overdraft plan, are not available in your Account on the Transaction Date. Funds transferred to the designated recipient Account will be deemed deposited on the Transaction Date and will be available thereafter in accordance with our funds transfer availability policy.
3. Account Information. The Account balance shown will be current as of the immediately preceding Business Day. The Account balance may include deposits still subject to verification by us and may not include deposits or loans in progress, outstanding checks or payments, or other withdrawals, payments, credits, or charges.
B. Bill Payment Service
1. Bill Payments. You may also use the Service to pay bills if you choose the Bill Payment Service. Unless the context clearly requires otherwise, all references to the "Service" herein also refer to the Bill Payment Service as long as you subscribe to the Bill Payment Service. With the Bill Payment Service, you may: (I) make current, future, or recurring payments to certain companies or individuals you select and make current future, or recurring payments directly to your loan or credit accounts with us. You may make bill payments in any amount greater than or equal to $1.00 and less than $10,000.00. Bill payments may not be made to pay taxes, child support maintenance, alimony or other court-ordered obligations. If you authorize periodic payments to any entity, those payments may continue until you either terminate the periodic payment, or there are insufficient available funds to allow the payment. The risk of loss due to over payment on any authorized payment using the Bill Payment Service is on you.
2. Payment Account. When you sign up for the Bill Payment Service, you must designate a checking account with us as the account from which bill payments should be Made (the “Payment Account”). Additional accounts may be used as payment accounts upon request by calling (620) 488-2211 during normal business hours.
3. Payees. You may designate payees through the Bill Payment Service (each, a “Payee”). You must provide sufficient information about each Payee as requested from time to time to properly direct a payment to that Payee and permit the Payee to identify the correct account to credit with your payment This information may include, without limitations the name and address of the Payee and your Payee account number. The Payee must have a United States payment address that can be verified in the ordinary course of business. Occasionally, a Payee may choose not to participate in the Bill Payment Service or may require additional information before accepting payments. While we work with these Payees to encourage them to accept an electronic or check bill payment through the Bill Payment Service, the Payee may not accept such bill payments or may not be able to process bill payments in a timely manner. In that event, we may decline to make future payments to this Payee and a notice, will be sent to you.
4. Authorization. When you schedule a bill payment using the Bill Payment Service, you authorize us to follow the payment instructions and transfer funds from your Payment Account with us to the Payee. We may refuse to act on your instruction if sufficient funds. including funds available under any overdraft plan, are not available in your Payment Account on the date you want us to process your payment (the "Transaction Date"). We reserve the right to refuse, and/or fail, to make any bill payment.
5. How Bill Payments are Made, Changed and Canceled. The date that you request a bill payment is the “Initiation Date”. The date that an Electronic Fund Transfer is made from the Payment Account or a check is drawn on the Payment Account to make the bill payment is the “Transaction Date”. See the definition above of Transaction Date, if you have any questions about this date.
a. Today Payments. You may schedule the Transaction Date of a bill payment to be the first Business Day after the Initiation Date by designating the bill payment as a “Today Payment”. You must have sufficient available funds in the Payment Account on the Initiation Date. Today Payments may be changed or canceled only during the course of the online session the bill payment is requested.
b. Future Payments. You may schedule the Transaction Date of a bill payment to be a future date within 365 days of the Initiation Date by designating the bill payment as a “Future Payment”. You must have sufficient available funds in the Payment Account as of the Business Day immediately preceding the Transaction Date. Future Payments may be changed or canceled online until 9:00 p.m. Central Time of the business Day before the Transaction Date.
c. Recurrent Payments. You may schedule a bill payment to be automatically initiated in a fixed amount on the same Transaction Date every month by designating the bill payment as a "Recurring Payment". The date on which a bill payment is scheduled to be initiated is referred to below as the 'Recurring Payment Date'. If the Recurring Payment Date is a date that does not exist in a certain month the bill payment will be initiated on the last Business Day of the month. For example, if you schedule a bill payment for the 30th of each month, the bill payment for the month of February will be initiated on or before the 28th of February. If the Recurring Payment Date falls on a day other than a Business Day in any month, the bill payment will be initiated on the next Business Day. For example, if you schedule a check to be issued on the 15th of each month, and the 15th is a Saturday or Sunday of that month, a check will be issued on the first Business Day after the 15th. Thus, the actual Transaction Date for any month may not be the Recurring Payment Date. Recurring Payments may be changed or canceled online until 9:00 p.m. Central Time of the Business Day before the Transaction Date. If you authorize periodic payments to any entity, those payments may continue until you either terminate the periodic payment, or there are insufficient available funds to allow the payment. The risk of loss due to over payment on any authorized payment using the Bill Payment Service is on you.
d. Scheduling Payments. We deduct the amount of the bill payment from your Payment Account on the Transaction Date. If the Transaction Date that you schedule is not a Business Day, the actual Transaction Date will be the next Business Day. To ensure that your bill payments arrive on time, you are advised to schedule the Transaction Date for each bill payment at least ten(10) Business Days before the Payment Due Date, not including any applicable grace period. This generally allows sufficient time for the Payee to receive and post your bill payment. We are not responsible for postal delays or processing delays by the Payee. Payments made through the Bill Payment Service are assigned a unique confirmation reference number. This number appears on your monthly statement for your Payment Account. You may review payments on our WEBsite.
e. Sufficient Available Funds. We process payment instructions only if there are sufficient funds available in your Payment Account on the Transaction Date. If sufficient funds are not available in your Payment Account on the Transaction Date, the bill payment will be canceled and the Bill Payment Service will be blocked. An Overdraft fee may apply and the fee may be automatically debited to your Payment Account. A written and/or electronic notice of any canceled bill payment will be sent to you. No further bill payments will be processed until sufficient funds are available in the Payment Amount
f. Method of Payment. You authorize us to make the bill payments you request through the Bill Payment Service in any one of the following ways: Bill payments may be sent through an Electronic transmission to the Payee. Payees that receive electronic delivery will receive your payment information, via the ACH Network. You agree to the disclosure of this information to payees. Payments made electronically are generally received and credited by most payees within three to four business days. Bill payments may be made by a check mailed to the Payee. All checks are sent through the United States mail. Payments made with a check are generally received and credited by most Payees within ten (10) business days. If the Payee is slow on the credit that is your loss, and the bank is not responsible.
g. Late Charges. If you properly request a bill payment and the Payee does not post the bill payment on time, our service provider will work with the Payee to have any late fee reversed if the following conditions are satisfied. (i) the payment was properly scheduled to be initiated on a Transaction Date at least ten (10) Business Days prior to the Payment Due Date; (ii) the correct Payee name, address, confirmation number, account information, and payment amount were properly provided to the Bill Payment Service; (iii) the Checking Account contained sufficient available funds to complete the bill payment on the Transaction Date; (iv) the late payment fee or penalty, or the method of its calculation, was published by the Payee prior to the Payment Due Date; and (v) your side of the Internet connection was functioning properly on the Transaction Date.
h. Stopping Bill Payments. If you have told us in advance to make Recurring Payments out of your Payment Account, you can stop or change any of these bill payments. To stop or change a Recurring Payment call (620) 488-2211, or write in time for your request to be received three (3) Business Days or more before the scheduled Transaction Date or Recurring Payment Date of the bill payment. If you call, you may also be required to put your request in writing and get it to the above address within fourteen (14) days after you call. For Business Service, stop payment orders must be in writing on your letterhead stationery signed by a Designated User. A stop payment may be placed on an item sent by check up to five (5) Business Days after the Transaction Date. You agree to pay a stop payment fee, and that the fee will be automatically debited to your Payment Account for each stop payment order you give.
6. Limits and Transfers from Accounts. Federal regulations limit the number of certain types of transfers from savings and money market deposit accounts. You are limited to six (6) pre-authorized electronic fund transfers and telephone transfers, including bill payment transactions, checks and point-of-sale transactions, per month. Each fund transfer or bill payment through the Service from your savings or money market deposit Account is counted as one of the six (6) transfers you are permitted each month. Your ability to transfer funds from certain Accounts is also subject to the Account Agreements. You should refer to these agreements for legal restrictions and service charges applicable for excessive withdrawals and transfers.
7. New Services. New services may be introduced for Online Banking from time to time. The Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
8. Electronic Mail (E-Mail).
If you send the Bank an e?mail message, the Bank will be deemed to have received it on the following business day. The Bank will have a reasonable time to act on your e?mail. You should not rely on e?mail if you need to communicate with the Bank immediately. For example, if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur E?mail transmissions outside of the mail you create within the Online Banking site are not secure. Thus, we request that you do not send us or ask for sensitive information such as account numbers, password, account information, etc. via any general or public E?mail system. If you wish to contact us electronically, please use the Guest Book provided in our Online Banking site. Use this secure form to e?mail the Bank regarding inquires about an electronic funds transfer error resolution, reporting unauthorized transactions, or contacting the Bank regarding other concerns of a confidential nature.
9. Fee Schedule.
The Bank offers the benefits and convenience of the Online Banking Service to you free. The Bill Payment Service is free for the first month. Thereafter, for the Bill Payment Service you will be charged a flat fee of $5.00 a month, which includes 10 bill payments. All bill payments over 10 are an additional $0.50 each. The fee will be deducted automatically from your Bill Payment account.
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account. If your statement shows transfers that you did not make, notify the Bank immediately by calling (620)488-2211, 9:00 a.m. to 4:00 p.m. (Central Time), Monday through Friday or writing the Bank at: Attn: Electronic Banking Services Department, Valley State Bank, P.O. Box 428, Belle Plaine, Kansas 67013-0428. If you do not notify the Bank within 60 days after the statement was mailed to you, you may not recover any money lost after the 60 days which would not have been lost if the Bank had been notified in time. If a good reason (such as a long trip or hospital stay) delayed you from contacting the Bank, the Bank may extend the time periods.
11. Your Responsibility.
In case of errors or questions regarding an Online Banking or Bill Payment transaction, call (620)488-2211, 9:00 a.m. to 4:00 p.m. (Central Time), Monday through Friday or write the Bank at: Attn: Electronic Banking Services Department, Valley State Bank, P.O. Box 428, Belle Plaine, Kansas 67013-0428. We must hear from you at the telephone number or address, listed above, no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need:
1. Your name and account number.
2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information.
3. The dollar amount of the suspected error and date on which it occurred.
If the report is made orally, we will require that you send the complaint or question in writing within twenty (20) business days. We will notify you with the results of the investigation within ten (10) business days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) business days, we may not credit your account until the investigation is completed.
If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are twenty (20) business days (instead of 10) and 90 calendar days (instead of 45).
If we determine that no error occurred, we will send you a written explanation within three (3) business days after the investigation is complete. You may request copies of the documents that were used in the investigation.
12. Our Responsibility.
If we do not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for the amount of any losses or damages incurred by you and resulting directly from such failure. We will not be liable in the following instances:
1. If through no fault of the Bank, you do not have enough money in your account to make the transfer.
2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer despite reasonable precautions that we have taken.
3. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
4. If your funds are subject to legal process or other encumbrance restricting the transfer.
5. If your transfer authorization terminates by operation of law.
6. If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately.
7. If you have not properly followed the instructions on how to make a transfer included in this Agreement.
8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.
If any of the circumstances listed above occur, we will assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
13. Virus Protection.
The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
14. No Signature Required.
When any payment or other on?line Service generates items to be charged to your account, you agree that we may debit your Bill Payment account without requiring your signature on the item, and without prior notice to you.
15. Disclosure of Information to Third Parties.
We will disclose information to third parties about your account or transfers you make:
1. where it is necessary for completing transfers. Or,
2. in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant. Or,
3. in order to comply with government or court orders, or other reporting requirements. Or,
4. if you give us your written permission. Or,
5. where through action of your own, information about your account has been put onto the Internet in an insecure manner.
6. to the Bank affiliated companies.
16. Inactivity; Termination.
You are responsible for complying with all the terms of this Agreement and with the terms and conditions agreement and all other disclosures governing the deposit accounts which you access using electronic banking services. We can terminate your electronic banking privileges (including the Bill Payment Service) under this Agreement without notice to you if:
1. You do not pay any fee required by this Agreement when due or
2. You do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing.
We will promptly notify you if we terminate this Agreement or your use of the Services for any reason. If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 90 day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.
To cancel the Online Banking and/or Bill Payment Service, you must notify the Bank and provide your name; address; whether you are discontinuing Online Banking, Bill Payment or both; and the effective date to stop the Service. When Bill Payment is terminated, any prescheduled bill payments made through Online Banking will also be terminated. Your final charge for the Bill Payment service will be assessed at the end of your statement cycle. You may notify the Bank by one of the following methods:
1. By calling (620)488-2211, 9:00 a.m. to 4:00 p.m. (Central Time), Monday through Friday.
2. By writing a letter and either sending it to the following address: Attention: Electronic Banking Services Department, Valley State Bank, P.O. Box 428, Belle Plaine, Kansas 67013-0428 or
3. By giving it to a Customer Service Representative at any of the Bank's locations.
17. Governing Law.
This Agreement is governed by the laws of the State of Kansas and applicable federal law.
Please send me an email update if this agreement is ever amended. I agree that an e-mail copy of any amendment to this agreement sent to the address I register with the bank as my e-mail address shall be effective. Otherwise, I understand that amendments will be effective when posted on the site for 30 days.