This Home Banking Agreement (the "Agreement") governs your use of the Two Rivers State Bank's Home Banking on the Internet (the "service"). By subscribing to the Service or using the Service to make any payment to a third party, you agree to the terms of the Agreement. Please read this Agreement carefully and keep a copy for your records.
As used in this Agreement, "Account" means the designated bill payment account at the Two Rivers State Bank ("Bank") from which we make bill payments on your behalf pursuant to the Agreement. In the Agreement, "you" or "your" refers to the person(s) subscribing to or using the Service; "we" or "our" refers to the Bank and any agent, independent contractor, designee, or assignee the Bank may, in its sole discretion, involve in the provision of the Service.
- The Service. You may use a Personal Computer (PC) through an Internet connection to obtain account balances and transaction information. You may also use your PC to obtain statements on your accounts and to 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 6 per monthly statement cycle. In addition, you may use your PC to electronically direct us to make payments from your Account to third parties ("Payees") that you have selected in advance to receive payment through the Service. You may make payments through the Service to any business, merchant, or professional that generates a bill or invoice for products or services provided to you on your behalf and that has an address we can verify. You also may make payments through the Service to individuals, family, or friends for non-business purposes.
- Your Merchant List. You must provide sufficient information
about each Payee to properly direct a merchant account payment to that Payee and permit the
Payee to identify the correct account (Payee Account) to credit with your payment processor.
If you do not have an account number with the payee, please type in your name and address in
the payee account number field. Additional fees may apply for accounts for
merchants that sell cbd/hemp products or are flagged as high risk.
- Your User ID and Password. Once enrolled, the User ID (your Social Security Number) and a Password you create on-line will
provide access to On-line Banking. You will be asked to choose your own 6 to 14 character Password. You authorize us to follow any instructions entered through the Service using your User ID and Password. Because your Password can be used to access money in your accounts, you should treat your Password with the same degree of care and secrecy that you use to protect your ATM PIN or other sensitive personal financial data. You agree not to give your Password, or make it available, to any person not authorized to access your accounts.
- Scheduling Payments. You may choose to add bill payment and use your PC to electronically schedule payments with the Service. To electronically schedule a payment you will be required to enter (a) your User ID,(b) your Password,(c) the amount of your payment, (d) select the Payee from a list you create, and (e) the date on which you would like your payment to be initiated. Individual payments may be made in any amount less than $10,000.00. Payments are posted against your balance available for withdrawal, as defined in the Bank's Funds Availability Schedule.
You will be asked to review the payment information you've entered and select "pay bill". A confirmation number appears in the message bar for each payment or group of payments you schedule. Please print and retain the confirmation number, as it will help us resolve any questions you may have concerning your transactions.
You may not schedule duplicate payments. A duplicate payment is one that is scheduled to be made to the same Payee on the same day for the same amount.
- Delivery of Your Payments. You may schedule payments to be initiated on the next business day, on a future date or on the same date of each month, subject to the restrictions in this Agreement. Although you can enter payment information through the Service 24 hours a day, 7 days a week, payments can be initiated only on business days. Funds will be deducted from your Account on the business day following the date on which a payment is to be "initiated". This date is referred to in this Agreement as the "transaction Date". If you direct the initiation of a payment to occur on a day other than a business day, it will be initiated on the next following business day.
- Next Day Payments. You may schedule a payment to be initiated on the next business day after you enter the payment information on the Service. A Next Day Payment must be scheduled by 2:00 p.m. (Central Time) on a business day in order for the payment to be initiated on the next business day.
- Future Payments. You may schedule a payment to be initiated on any future business day for up to one year in advance.
- Recurring Payments. You may schedule payments to individual Payees to be automatically initiated in a fixed amount at regularly scheduled intervals (a "Recurring Payment"). The date on which a transaction is scheduled to be initiated is referred to below as the "Recurring Payment Date". If the Recurring Payment Date falls on a day other than a business day in any month, your payment will not be initiated (i.e. the payment will not be deducted from your Account) until the next following business day. Thus, your actual payment date may not be the Recurring Payment Date. For example, if you schedule a Recurring Payment to be initiated on the first (1st) of each month and April 1, 2000, is a Saturday, your payment for April would not be initiated until Monday, April 3rd which would be your transaction date for April. Adding 10 business days to this transaction date, it means your guaranteed payment date would be no later than April 17th.
It is also important to note that differences in the days of the week due to holidays can increase the number of calendar days between your scheduled Recurring Payment Date and your guaranteed Payment Date in any particular month. For example, September 1, 1999, falls on a Wednesday and September 6th is a holiday. Therefore, a Recurring Payment scheduled for the 1st of the month would be initiated on the1st but the payment to the Payee would be guaranteed to be made within 10 business days thereafter which would be no later than September 16th. Therefore, we recommend that you not count either week end days or holidays when scheduling your recurring payments ten (10) business days before your payment Due Date.
You may cancel a payment on-line at no additional cost as outlined in section 11. However, should the need arise, you can stop payment on any of these recurring payments by calling or writing us at the telephone number and address set forth in section 17 of this Agreement. We need to receive your request three (3) business days or more before the Transaction Date. Please refer to the Bank's published fee schedule for the on-line banking stop payment fee. If you call, we may require you to put your request in writing and get it to us within fourteen (14) days after you call. If you order us to stop one of these payments three (3) business days or more before the transfer or payment is scheduled and we do not do so, we will be liable for your losses and damages.
Please note that the Payment Guarantee in Section 10 below does not apply to a Recurring Payment if, for that specific payment, the Transaction Date does not fall at least ten (10) business days prior to the Due Date.
- Our Liability for Failure to Complete Transactions. We will process and complete all transfers properly initiated through the service in accordance with the terms of this Agreement. If we do not complete a transfer to or from your Account or a payment as directed or in the correct amount under the terms of this Agreement, we will be liable for your damages which are directly caused by our failure to correctly complete such transfers or payments. However, we will not be liable if:
- Through no fault of ours, you do not have enough money in your Account to make the transfer.
- Your PC, Internet Service, telephone service or the Service is not working properly and you knew about the malfunction when you started the transfer or payment.
- A Payee mishandles or delays in handling payments sent by us.
- You have not provided us with the correct Payee name, address or account information or payment amount.
- Circumstances beyond our control (such as fire, flood or delay in the U.S. Mail) prevent the proper completion of the transaction despite reasonable precautions by us to avoid these circumstances.
- Funds in your Account are subject to legal process or encumbrance restricting transfer or payment.
- The transfer or payment was requested after the posted cut-off time of 3:00 p.m. C.S.T.
- Payment Guarantee. In addition to our liability as discussed above, we will reimburse you for any late payment fees or penalties you are charged, up to a maximum of $50 per scheduled payment, as a result of the failure of a Business Payee to receive a payment made through the Service by the Due Date if you met each of the following conditions:
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You must properly schedule the payment to be initiated on a Transaction Date at least ten (10)
business days prior to the Due Date. For Next Day Payments, this means that you must initiate your payment before 3:00 p.m. C.S.T. on a
business day at least ten (10) business days prior to the Due Date. For Next Day Payments, this means that you must initiate your payment before 2:00 p.m. Central Time on a business day at least ten (10) business days prior to the Due Date. For Recurring Payments, this means that you must allow additional time for months in which weekends or holidays reduce the number of business days between the Recurring Payment Date and the Due Date. Please see Section 8 above for further information. The scheduled Recurring Payment Date for the majority of mortgage payments must be on or before the third (3rd) calendar day of the month in which such a payment is due.
- You must provide us with the correct Payee name, address and account information and with the correct payment amount.
- On the Transaction Date, your Account must contain sufficient funds to complete the payment or transfer.
- The Payee must be a Business Payee.
- The late payment fee or penalty or the method of its calculation must be published by the Payee prior to the Due Date.
- Canceling Payment. You may use your PC to cancel a payment up to 3:00 p.m. C.S.T. the business day before your payment is
shceduled to be initiated (Transaction Date). For example, if your Transaciton Date is Friday, you may use your PC to cancel a payment up to 3:00 p.m. C.S.T. on Thursday. There is no fee for canceling a payment on-line.
- Statements. All of your payments made through the Service during a particular month will appear on your monthly Account
statement. The Payee name, payment amount and date of the debit will be reflected for each payment made through the Service.
- Fees. A monthly fee for this Service will be assessed against your Account at the Bank. Also, fees for related services such as an activity fee for each bill payment over the limit covered by the monthly fee, a non-sufficient funds (NSF) fee, research and bill payment check copy fees and a stop payment fee may be assessed against your Account at the Bank. Please refer to the Bank's published fee schedule for details.
- Equipment. You are responsible for obtaining, installing, maintaining and operating all PC equipment used to perform Home Banking bill payments through the Service. We will not be responsible for any error or failures from the malfunction or failure of your PC.
- Business Days/Hours of Operation. Our business days are Monday through Friday, except bank holidays. Although payments can be initiated only on business days, the Service is available 24 hours a day, seven days a week, except during maintenance periods, for the scheduling of payment orders.
- Notice of Your Rights and Liabilities. Tell us AT ONCE if you believe that your Password has been lost or stolen, otherwise, you're subject to loss of funds in your Account. Telephoning is the best and fastest way of keeping your possible losses down.
If you believe your Password has been lost or stolen or that someone has transferred or made unauthorized payments from your account, you should:
Telephone the Two Rivers State Bank at 402-426-9500 (Blair) or 402-478-4114 (Arlington), or write us at Two Rivers State Bank, P O Box 550, Blair, NE 68008.
If you tell us within two (2) business days after you discover your Password has been lost or stolen, you can lose no more that $50 if someone used your Password without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers or payments you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost
after the 60 days if we can prove we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or hospital stay) prevented you from telling us, we will extend the time periods.
- Error and Questions. In case of errors or questions about your electronic transfers or payments, you should:
Telephone Two Rivers State Bank, Customer Service, at 402-426-9500 (Blair) or 402-478-4114 (Arlington), or write Two Rivers State Bank, On-Line Banking, at P O Box 550, Blair, NE 68008,
as soon as you can, if you think that your statement is wrong or you need more information about a transfer listed on your statement. We must hear from you no later than sixty (60) days after you received the FIRST statement on which the problem or error appeared.
- Tell us your name and Account number.
- Describe the error or the 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.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will tell you the results of our investigation within ten (10) busi-ness days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or questions. If we decide to do this, we will provisionally re-credit your Account within ten (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 questions in writing and do not receive it within ten (10) business days, we may not re-credit your Account.
If we decide there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of documents that we used in our investigation.
- Disclosure of Account Information to Third Parties. We may disclose information to third parties about your Account or the transactions you make:
- Where it is necessary for completing a transaction; or
- In order to verify the existence and condition of your Account to a third party, such as a credit bureau or merchant; or
- In order to comply with a governmental agency or court orders;
- In response to a garnishment, levy or subpoena; or
- If you give us your written permission; or
- To our affiliates for purposes of offering or providing you other products or services.
- Authorization to Obtain Information. You agree that we may obtain and review your credit report from an authorized credit bureau. You also agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments.
- Termination. You may terminate your use of the Service at any time by calling Two Rivers State Bank, Customer Service, at 402-426-9500 (Blair) or 402-478-4114 (Arlington). You may be asked to provide the request for cancellation in writing within ten (10) days. We may terminate your use of the Service, in whole or in part, at any time without prior notice. Your access to the Service will be terminated automatically if your Account is closed, or access to your Account is restricted, for any reason. If you would like to transfer the Service to a different account with us, you must provide ten (10) business days advance written notice. Termination will not affect your liability or obligations under this Agreement. If the Home Banking bill pay service is terminated, all payments not yet initiated will be cancelled if you close your account prior to the end of the month, you will be charged the full monthly Home Banking bill pay fee.
- Limitation of Liability. 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 the Service or the use thereof or arising in any way out of the installation, operation or maintenance of your PC equipment.
- Entire Agreement. This is the complete and exclusive agreement between you and us related to the Service and supplements any other agreement or disclosure related to your Account. In the event of a conflict between this Agreement and any of the agreement or disclosure related to your Account or any statement by our employees or agents, this Agreement shall control.
- Waivers. No delay or omission by us in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise thereof or the exercise of any other right or remedy. No waiver shall be valid unless in writing and signed by us.
- Assignment. You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Nebraska, without regard to that state's conflicts of law provision.
- Amendments. We may amend or change any of the terms and conditions of this Agreement at any time upon at least twenty-one (21) days written notice to you prior to the effective date of any change or amendment. If you do not agree to the change or amendment, you must notify us prior to the effective date of the change or amendment and cancel your access to the Service.
Bill payment may be added to one personal checking account with a $4.50 monthly service fee plus 50 cents for each bill payment in excess of 10 per month. Your Account will be charged on the 10th business day of the month for the previous month's service fee.
