Internet Banking Services Agreement
THIS AGREEMENT sets out the terms on which the undersigned ("you")
may obtain services from Carroll County State Bank and Council Bluffs
Savings Bank a division of Carroll County State Bank (the "Bank") using
the Internet.
1. Internet Services. The following Bank services will be
available to you through the Internet: check your current account
information, transfer funds among your accounts at the Bank, stop
payments on checks, and pay bills. You may be required to enter into
other agreements in order to use any of these services. The Bank may, at
any time, increase or delete any such services, provided that no
services will be deleted unless you have been given at least 30 days
prior notice. You must provide your own access to the Internet through
an Internet provider of your choice and have a functional user ID and
password.
Minimum System Requirements:
Operating System Windows 95, Windows 98 or higher Mac OS 9 or higher
Browser (128-bit encryption min.) Recommended Browsers
Microsoft Internet Explorer 6.x (includes AOL 8 & 9) Netscape 7.2
Mozilla Firefox 1.0 Safari 1.2
* Our site is optimized for use with certified/recommended browsers.
If you use a different browser, you may not be able to take full
advantage of all the features of the site.
2. Transfers of Fund; Bill Paying.
(a) You may transfer funds from one account to another account, provided
that the same persons are the owners of both accounts. The number of
transfers that you may make may be limited by law or government
regulation and the Bank may establish restrictions on transfers that may
exceed those limits.
(b) You may pay bills from your accounts by registering with our third
party vendor, CheckFree Services Corporation. The Bill Payment Service
permits you to use your Internet-enabled device to direct payments from
your designated online Bill Payment Account to third parties you wish to
pay. Your Bill Payment Account must be a primary checking account.
Through the Bill Payment Service, you can pay bills from your Bill
Payment Account to businesses or individuals.
All payments you make will be deducted from the checking account that
you designate as your Bill Payment Account for the Bill Payment Service.
Any payments you wish to make through this Service must be payable in
U.S. dollars to a payee located in the continental United States. We
reserve the right to restrict types of payees to whom payments may be
made using the Service from time to time. You should not use the Bill
Payment Service to make payments to settle securities purchases,
payments to interest bearing accounts, tax payments, or court ordered
payments. Payments for these payees will be your sole responsibility if
delayed or improperly processed or credited.
(c) The Bank will not be required to transfer any funds, or to honor any
request to pay bills, unless there are collected funds in the
originating account sufficient to cover the transfer or bill payment. If
you give us instructions to make multiple transfers, or to pay multiple
bills, and there are not sufficient collected funds for each
transaction, the Bank may honor the instructions in the order that the
instructions are received and may refuse to honor all further
instructions. We have no obligation to notify you if there are not
sufficient funds to permit the transfer or pay the bill. We may, but we
are not required to, make the transfer or pay the bill at such future
time, as collected funds are available in the originating account.
3. Stop Payment Orders. If the Internet services include the
ability to request stop payments on checks, the Bank will not be
required to act on such instructions until 4 hours after the notice is
received by the Bank, or until 11:00 a.m. on the next business day if
the 4 hours would end after the normal business hours of the Bank. You
should call the Bank if you wish your instructions to be acted on more
quickly.
4. Changes in Terms; Cancellation. The Bank may change the
terms of this Agreement at any time by giving you at least 30 days prior
notice of the change. If you use the Internet services after receipt of
such notice, you will be deemed to have agreed to such change. Either
you or the Bank may cancel this Agreement and terminate your use of the
Internet banking services for any reason by giving the other 30 days
prior written notice. Notwithstanding the foregoing, the Bank may
terminate your rights under this Agreement at any time, and without
prior notice or liability to you, if you have breached any of your
obligations under this Agreement or any other agreement with the Bank,
or if the Bank has reason to believe that you have attempted to access
accounts or information at the Bank to which you do not have rights.
5. Security. You will be assigned an initial identification
code to be used when you use the Internet system to obtain Bank services
or to make transactions. The Bank reserves the right to block access to
the Internet banking services in order to maintain or restore security
if the Bank reasonably believes your identification codes has been or
may have been obtained, or is being used or may be used, by any
unauthorized persons. You are solely liable and responsible for all
Internet transactions that are made using your identification codes,
whether those transactions are made by you or any person you authorize,
permit or enable to have your means of identification (even if the
person exceeds your authority), or by any person who obtains your
identification codes as a result of your act of negligence. If you have
given someone your identification codes and wish to terminate their
authority, or if you know or believe that your identification codes
otherwise are compromised, you must notify the Bank immediately so that
the Bank can take the necessary steps to change your identification
code. You will defend, hold harmless and indemnify the Bank from and
against any and all claims of any nature arising out of any access by a
person you have authorized, permitted or enabled to have access to the
Bank and any records or accounts maintained at the Bank regardless of
whether the records or accounts belong to you or others.
6. Interruptions in Service; Limit of the Bank's Liability.
Any information you receive from the Bank can only be provided on a
best-efforts basis for your convenience and is not guaranteed. The Bank
is not liable for any deficiencies in the accuracy, completeness,
availability or timeliness of such information or for any investment or
other decision made using this information. The Bank is not responsible
for any computer virus or related problems, which may affect or result
from your use of the Internet banking services. Neither the Bank, nor
any of the Bank's affiliates, officers, directors, employees or agents,
will be responsible for any indirect, special incidental or
consequential damages arising in any way out of the Agreement or your
use of the Internet banking services. Any liability of the Bank for
actual damages shall be limited to the fees that you have previously
paid to the Bank for the use of the Internet banking services under this
Agreement. The Bank will have no liability to you if you are not able to
complete any transaction using the Internet as provided herein if: (1)
you do not have enough money in your accounts to make the transfers; (2)
the Bank's Internet or computer system, is not working properly and you
knew about this when you started your transaction; (3) the failure is
the result of any act or omission of any Internet service provider or
any software provided by any third party, or the other party to the
transaction; or (4) circumstances beyond the Bank's control (for
example, fire, flood, loss of power, or interruption of communication
systems) prevent the completion of the transaction. The Bank may on a
regular basis perform maintenance on the Bank's equipment or systems
which may result in interruption of the Internet banking services and
the Bank will not have any liability to you as a result of any such
interruptions. The Bank may contract with third parties to provide
certain Internet services to you. The Bank will have no liability of any
kind to you with respect to any acts or omissions of such parties, and
your sole remedy shall be against such third party. If you experience
any inability to access the Internet Banking Service, you should call
866-951-9391.
7. Fees. You may be required to pay the standard fee for any
transactions that you make through the Internet. The Bank may establish
other fees by giving you at least 30 days prior written notice. You are
responsible for all the telephone charges you incur in connecting to the
Internet and for any charges imposed by your Internet provider. The
following special fees may apply to Internet Banking services:
| Service |
Fee
|
| Personal Online Bill Pay |
$0.00 |
| Online Banking |
$0.00 |
All charges listed above will be automatically deducted from your
account and will appear on your account statement, if those charges are
applicable.
8. Miscellaneous. If any one or more of the provisions of this
Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain valid and enforceable. The terms and
conditions of this Agreement shall be governed by and constructed in
accordance with the laws of the State of Iowa, without regard to its
conflicts of law provisions. Any litigation arising under this Agreement
or the Internet services shall take place only in the state or federal
courts having jurisdiction over the home office of the Bank and you
agree to such jurisdiction. The Bank shall be entitled to recover its
costs (including attorney's fees) from you for any claims arising under
this Agreement or the Internet services. The term "business day" means
Monday through Friday except for legal bank holidays.
9. Entire Agreement. This Agreement is the entire agreement
between you and the Bank regarding your use of the Internet banking
services, and it supersedes any prior discussions and agreements between
you and the Bank regarding the Internet banking services, and supersedes
any marketing or other similar material pertaining to the Internet
banking services. The foregoing does not apply to agreements and
disclosures applicable to your accounts, or disclosures or agreements
relating to specific transactions, and such other agreements or
disclosures shall supersede this Agreement to the extent that there is
any inconsistency. This Agreement is subject to, and incorporates, all
account agreements and other agreements or disclosures that the Bank has
delivered, or may hereafter deliver, to you with respect to your account
or Bank products or transactions.
10. Notices. The Bank may give you written notices and
disclosures either by mailing them to your last known address, or by
sending such notice to you over the Internet at your designated Internet
address. You agree that if the Bank is required by any laws or
regulations to give you written confirmation of the completion of any
transaction or supply you with any disclosures or notices, then the Bank
may in its sole discretion give such information to you electronically
over the Internet. If there is more than one account holder, the Bank
will only be required to give notice to one of you. The Bank will not
normally mail you paper copies of the disclosures, notices, or account
statements you receive electronically. To obtain a paper copy, please
contact the bank by mail. Applicable fees may be billed to your account.
If you wish to give notices to the Bank you must send it in writing to
either of the following addresses:
Mail Address:
Carroll County State Bank, PO Box 67, Carroll, IA 51401 or
Council Bluffs Savings Bank, 1751 Madison Ave, Council Bluffs, IA 51503
E-mail Address:
cservice@carrollia.com
11. Cancellation. To cancel electronic disclosures please
contact the bank by mail.
12. E-mail Address Change. If your e-mail address changes,
please update it by selecting the "User Option" button which can be
found on the main menu of your on-line banking page and select, "E-mail
Address". You will be responsible for maintaining an accurate e-mail
address in which to receive the e-mail notifications.
13. Electronic Mail (E-mail). If you send an e-mail message,
the bank will be deemed to have received it on the following business
day. You should not rely on e-mail if you need to report an unauthorized
transaction from one of your accounts or if you need help to stop a
payment that is scheduled to occur.
** NOTE: E-mail outside of the Online Banking site are not secure. We
advise you not to send us or ask for sensitive information such as
account numbers, Passwords, account information, etc., via general or
public e-mail systems. If you wish to contact us electronically, please
us the secure "contact us" link provided in our Online Banking site.
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