Member FDIC
eCountry Online Banking Agreement and Disclosure
Please review this disclosure before applying for the
CountryBank USA eCountry Online Banking Service. You must press the "I
accept" button at the end of this agreement to continue.
This Agreement, together with our other
agreements and disclosures, including the General Conditions Applicable to
Your Account with Us, Truth in Savings Disclosures, Electronic Funds Transfer
Act Disclosure, Funds Availability Policy, Fees for General Services, Ready
Reserve, Home Equity, VISA Credit Card, and any other loan or line of credit
agreement that you may have with us, governs your use of the CountryBank USA
eCountry Online Banking Service or the Bill Payment Service (the
"Services"), which allows you to pay bills (if you sign up for this
Service), transfer funds, review Account activity, and exchange electronic
messages (by e-mail or by using the Guest Book)
with CountryBank USA. By using the Services, you agree to the terms and
conditions in this Agreement. Please read this Agreement carefully and retain
for your records.
Please note that our "Electronic Funds Transfer Act Disclosure" is
an integral part of this Online Banking Agreement and Disclosure.
All time of day references are to Central Standard Time or Central Daylight
Time, whichever is applicable.
Definitions:
As used in this Agreement, the following definitions apply:
"Accounts"
means the Primary Checking Account and the other deposit and loan Accounts to
which you have access through the Services.
"Authorized User" is a person who is a common owner of all Accounts
or to whom you have provided your User ID and Password, whether or not that
person is a common owner of all Accounts.
"Bill Payment Service" means CountryBank USA's service that permits
you to use your Web Access Device to direct Payments from your designated
online Bill Payment account to third parties you wish to pay. In order to
access CountryBank USA's Bill Payment Service, you must first be an Online
Banking Service customer.
"Business Day" means every day except for Saturdays, Sundays and
holidays.
"Online Banking Service" means CountryBank USA's eCountry Online
Banking Service that provides access to your Account(s).
"Password" is the code that you selected when you initially signed
on to the CountryBank USA Online Banking Service or the code you select after
the initial sign-on, that allows you to access the Service(s).
"Payee" is a business or individual whom you choose to pay using
the Bill Payment Service.
"Payment" means a bill Payment transaction using the Bill Payment
Service.
"Primary Checking Account" means the Checking Account, which you
designate when you apply for the Service(s) and from which we make Payments
on your behalf.
"Services" refers to either the Online Banking Service and/or the
Bill Payment Service, depending upon whether you subscribe to both.
"Transaction Date" means the Business Day on which funds for a
Transfer and/or Payment are to be deducted from your Account. This is the
Business Day during which your Transfer and/or Payment are
"initiated".
"Transfer" means a Transfer between your Accounts at CountryBank
USA using the Online Banking Service.
"Web Access Device" means the combination of an Internet-enabled
device equipped with a qualified browser that provides Internet access to the
World Wide Web, your Internet Service Provider, your User ID and your
Password.
"You" and "your" refer to the person(s) or entity
subscribing to or authorized to use the Online Banking and/or Bill Payment
Service.
"We," "us," "our" and "the Bank"
refer to CountryBank USA.
Business
customers, unless a sole proprietorship, in general, are not eligible for the
Services.
1. The Services
Equipment
and Software Requirements:
To use the Services, you need a personal computer ("PC") with a
modem and a web browser (such as Netscape Navigator®, Microsoft Internet
Explorer® or an equivalent) or other Internet-enabled device ("Web
Access Device"). You are responsible for the set-up and maintenance of
your home computer and modem or Web Access Device. We are not responsible for
any errors or failures from any malfunction of your computer or any virus or
other problems related to the use of the Services. In order to access the
Services, you will be required to use a web browser, which uses encryption
technology. Netscape's Navigator® Version 4 or Microsoft's Internet Explorer®
Version 4 are the minimum required versions. The Bank suggests that you use
the most recent version of Microsoft's Internet Explorer® or Netscape's
Navigator® in order to benefit from the strongest encryption technology available.
You may use your Web Access Device to obtain balance and other information
about your Accounts and to transfer funds between certain Accounts. You may
also use your Web Access Device, if you sign up for the Bill Payment Service,
to direct us to make Payments from your Primary Checking Account to third
parties ("Payees") whom you have selected in advance to receive
Payments through the Service.
The end user agreement for the CountryBank USA Online Banking and Bill
Payment Services is as follows:
1. TERM.
This agreement will remain in effect until terminated. It will automatically
terminate if you cease to be a customer of the Bank, or if you fail to comply
with any term or condition of this Agreement.
2. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL WE BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS
OF USE, DATA, OR PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL WE BE LIABLE
FOR ANY CLAIM BY ANY THIRD PARTY.
In
addition, we are not responsible for any error, damage or other loss you may
suffer due to malfunction or misapplication of any system you use, including
your browser (Netscape Navigator®, Microsoft Explorer® or otherwise), your
Internet Service Provider, your software, or any equipment you may use
(including your telecommunications facilities, computer hardware and modem)
to access the Services or communicate with the Bank.
2. Access to Online
Banking Services
In
order to access the Online Banking Service, you must complete the Online
Banking Registration Form. Only Authorized Users may access online Accounts.
At the time of your initial access to the Online Banking Service, you will be
prompted for several key pieces of information that allow the Online Banking
System to identify you. You should
keep your Password in a secure location. You should never leave your PC
unattended while you are logged on.
Any person having access to your Online Banking User ID and Password
will be able to access the Online Banking and Bill Payment Services and
perform all transactions, including reviewing Account information and making
Payments to other persons, for all Accounts you have linked for Online
Banking access.
Linking Your Accounts:
You can access as many of your Accounts as you wish through the Online
Banking Service. You must provide us with the Account numbers for each of
these Accounts in order to access them. Your User ID and Password will access
all Accounts that you have requested to be linked for Online Banking
purposes.
Information About Your Accounts:
When you access your Accounts, you will be able to obtain information about
your CountryBank USA checking, savings, certificate of deposit, Individual
Retirement Account, Ready Reserve, consumer loan, home equity and mortgage
loan Accounts. You will not be able to access information about your
CountryBank USA credit card account. However, you may get your current credit
card balance and recent transaction activity by linking to www.myccinfo.com. and you may
pay your credit card balance through the Bill Payment service.
You may obtain an Account balance and summary information, available funds
information, and posted transaction information for the current statement
period (beginning with the day your Account becomes active online). Any
balances will include a date as of which the balance is current. Balances
shown may include deposits still subject to verification by us. The balances
shown also may differ from your records because they may not include deposits
in progress, outstanding checks, or other withdrawals, payments, or charges.
Once you begin Online Banking, the Bank will build your Account history
online for up to two years. For instance, you begin Online Banking in March
and have access to all transactions that clear in March. In April you will
have access to all transactions that cleared in March and that clear in
April. History will accumulate each month for up to two years. History
information can be downloaded to your PC using Quicken®, Microsoft Money®, or
spreadsheet software. Should you wish to download history information, you
are solely responsible for the purchase, installation and support of such
software packages.
In addition to viewing Account information, you may use Online Banking to conduct
the transfer of funds. You may make one-time Transfers or schedule future or
recurring Transfers, such as Transfers to make loan payments. You may
transfer funds among your CountryBank USA checking Accounts, savings Accounts
and money market Accounts.
Limits on Transfers:
There are limits imposed by law on the number of transactions you can make
from certain Accounts, including Online Banking transactions.
You may make up to six (6) transfers per statement cycle from your
CountrySmart Savings, Regular Savings, or CountryMarket Account by
CountryLine telebank, eCountry Online Banking, or preauthorized transfer, but
only three (3) may be payments by check, debit card or similar orders to pay
to third parties. If any transaction exceeds any of these limitations, the
Bank reserves the right to convert your Account to a CountryFree Checking or
if you are ineligible to hold such an Account, to another checking account at
our discretion. Withdrawals or transfers made in person at the Bank or at an
ATM are unlimited.
Your Password
Whether you use a PC or other Web Access Device,
you will establish and use one personal Password to obtain access to the
Services. You can change your Password
at any time, and you will be required to change it every 90 days. You will
receive an online notification during your Online Banking session beginning
fifteen (15) days prior to the day the Password is to expire. You will
continue to receive this online notification during each Online Banking
session until you change your Password. If your Password expires before you
have an opportunity to change it, at the next log in, you will be taken to a
screen and asked to enter your old Password along with a new Password.
A Password contains no less than six (6) and no more than fourteen (14)
characters. A Password must contain at least one upper case letter, one lower
case letter, one number and one special character from this selection:
!@#$%^&*. Be sure to enter uppercase and lowercase letters carefully
because Passwords are sensitive to case (for example, NEWcar#1 will not be
accepted in place of Newcar#1 and you will not gain access to the Service).
Your access to the Service will be blocked in the event your Password is
entered incorrectly on three (3) consecutive access attempts. If this occurs,
please telephone CountryBank USA's Online Banking Service Department
toll-free at 1-877-258-1348.
For security purposes, after your Password is changed, we will confirm with
you via e-mail that it was changed. Your Password will not be included in the
e-mail.
Authorized Use of the Services by Other Persons
You are responsible for keeping your Password and Account data confidential.
Because your Password can be used to access money in any of your Accounts and
to access information about any of your Accounts, you should treat your
Password with the same degree of care and secrecy that you use to protect
other sensitive personal financial data. You agree not to give your Password,
or make it available, to any other person.
We are entitled to act on transaction instructions received using your
Password, and you agree that the use of your Password will have the same
effect as your signature authorizing the transaction. If you authorize other
persons to use your Password in any manner, your authorization will be
considered unlimited in amount and manner until you have notified us in
writing that you have revoked the authorization and changed your Password,
and you are responsible for any transactions made by such persons until you
notify us that transactions by that person are no longer authorized and we
have a reasonable opportunity to act upon the notification.
3. Lost or Stolen
Password
Tell
us AT ONCE if you believe your Online Banking Password has been lost or
stolen. Telephoning is the best way of keeping your possible losses down. You
could lose all the money in your account(s) plus your available Ready Reserve
credit. If you tell us within two business days, you will lose no more than
$50 if someone used your Online Banking Password without your permission.
If
you do NOT tell us within two business days after you learn of the loss or
theft of your Online Banking password without your permission if you had told
us, you could lose up to $500.
Also, if your statement shows Transfers that you did not make, 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 that 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) kept
you from telling us, we will extend the time periods.
If you believe that your Online Banking password has been lost or stolen or
that someone has transferred or may transfer money from your account without
your permission call: 1-877-258-1348. If you believe your password has been
lost or stolen, please use the "Password and Personal Info" feature
within the Online Banking Section of our web site to change your Password.
4. Making Transfers
Between Your Accounts
You
may use the Service to make funds Transfers between different eligible
CountryBank USA Accounts. An eligible CountryBank USA Account is one linked
to the Service that does not have withdrawal restrictions, such as a CD, or
that requires direct Bank update, such as certificates of deposit. You cannot
transfer funds from your CountryBank USA Ready Reserve, Home Equity,
installment loan, or mortgage loan Account, but you may transfer funds to
these Accounts, if you wish. You may transfer funds to your CountryBank USA
VISA credit card account using the Bill Payment Service.
If you would like to use a different CountryBank USA Account with us as your
Primary Checking Account, or you would like to add an additional CountryBank
USA Account to the Service or remove an Account from the Service, you must
provide us at least 24 hours advance notice. You may contact us by:
·
Pressing the "Add
an Account" button on the Online Banking Login screen and filling out
the "Additional Online Account Access Request" form that is
presented.
·
Using our Guest Book
found on our website. Our Guest Book provides a secure method of
communicating with us on the Internet.
·
Calling the Online
Banking Service Department at CountryBank USA toll-free at 1-877-258-1348
during regular business hours.
·
Write to us at: Online
Banking Services Department
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CountryBank USA
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PO Box 549
Cando, ND 58324
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-or-
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PO Box 1168
Devils Lake, ND 58301
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·
Send electronic mail (e-mail)
to us through the Service. If you use e-mail to communicate confidential
information, please be aware that some Internet e-mail may not be secure.
·
You may also use the
Service to enable or disable accounts, in which case you must allow 24 hours
for your changes to take effect.
5. Bill Payment Service
The
Bill Payment Service permits you to use your Web Access 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 ("Payees"). There is a
fee associated with the CountryBank USA Bill Payment Service (refer to
"Fees" section).
You must apply for the Bill Payment Service before you can access and use it.
The way to apply for the Bill Payment Service is to go to the Bill Payment
section of Online Banking and follow the instructions.
All Payments you make will be deducted from the Primary Checking Account that
you designate as your Bill Payment Account for 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 and U.S.
territories, i.e., The U.S. Virgin Islands, Guam, and Puerto Rico. We reserve
the right to restrict types of Payees to whom Payments may be made using the
Service from time to time. You cannot use the Bill Payment Service to make payments
to settle securities purchases, payments of alimony, child support,
government or tax payments, or court ordered payments. Payments to these
Payees will not be paid and will be your sole responsibility if delayed or
improperly processed or credited. Payees designated as "Internal Revenue
Service" or "IRS" or any variation thereof will be rejected by
the Service.
Funds must be available in your Bill Payment Account on the scheduled Payment
date ("Transaction Date"). If the date you schedule a Payment to be
initiated falls on a non-Business Day (Saturday, Sunday, or holiday), funds
must be available in your Bill Payment Account the following Business Day
(e.g. Monday). After funds are withdrawn from your Bill Payment Account to
make a Payment, we may make the Payment either by transferring funds
electronically to the Payee or by mailing the Payee a check.
You may choose to schedule Payments to recur in the same amount at regular
weekly, twice monthly, or monthly intervals. When you create a new Payee in
the Bill Payment Service, it takes two Business Days to set up the Payee to
receive Payments. You should schedule a Payment to a new Payee at least ten
Business Days before any Payment due date, to allow us time to set up the
Payee and verify certain information.
For all subsequent Payments, you agree to allow at least four to ten Business
Days between the date you schedule a Payment to be initiated and the Payment
due date (that is, the due date shown on your invoice or provided in your
agreement with the Payee, not taking into account any applicable grace
period). If the Payment is an Automated Clearing House (ACH) electronic
Payment, it will take up to four Business Days to reach the Payee. However,
if the company or person that you are paying cannot accept an electronic
Payment, the Bill Payment Service will send a check that may take up to ten
Business Days. If you do not follow these time frames, you will be fully
responsible for all late fees, finance charges or other actions taken by the
Payee.
If you schedule your Payment and follow all instructions, but the Payment is
not received by the Payee in a timely manner, the Bank will work with the
Payee on your behalf to attempt to have any late fees or charges reversed.
Your Payee List
You must provide sufficient information about each Payee ("Payee
Information") as we may request from time to time, including requests
for more information about a Payee to properly direct a Payment to that Payee
and permit the Payee to identify the correct account ("Payee
Account") to credit with your Payment. This information may include,
among other things, the name and address of the Payee and your Payee Account
number. You must enter your Payee Information using your PC or other Web
Access Device. Your Payee Names and Addresses, Payee Account Numbers, and the
amounts of recurring Payments are stored by us. Because the Payee Information
stored by us may be lost, please also retain your Payee Information
elsewhere.
Once you have entered information for a new Payee, it will take us two (2)
Business Days to set up the Payee to receive Payments. You may make deletions
and changes to Payee Information using our Online Banking Service, but you
must allow 24 hours after your deletions and changes are communicated to us before
they become effective. We may change the name or address of Payees from time
to time because Payees may give us updated information about processing
Payments for you.
6. Liabilities and
Responsibilities under the Bill Payment Service:
The
Bank is only responsible for exercising ordinary care in processing and
sending payments upon your authorization in accordance with this Agreement.
The Bank will not be liable in any way for damages you incur if:
a. You do not have sufficient funds in your Bill
Payment Account to make the payment on the processing date.
b. There are delays in mail delivery.
c. There are changes to the payee's address or
account number unless you have advised us of the changes sufficiently in
advance.
d. Any Payee fails to correctly account for or to
credit the payment in a timely manner, or for any other circumstances beyond
the control of the Bank.
If
the session during which you schedule a payment or transfer ends by 3:00
p.m., the Bank will be considered to have received it on that day. Otherwise,
it will be considered received on the following business day. For all entries
made by using the Service, the time recorded by the Online Banking Service
will be considered the official time of the transaction.
If your Bill Payment does not have sufficient funds to make a payment as of
the date the payment is deducted from your account, the Bill Payment Service
will automatically block future Bill Payment Services until the account has
sufficient funds to make the payment. The Bank shall have no obligation of
liability if it does not complete a payment because there are insufficient
funds in your account to process a payment. In all cases, you are responsible
for contacting the Online Banking Service at 1-888-258-1348 to either make
alternate arrangements for the payment or reschedule the payment through the
Online Banking Service. In the case of Recurring Payments, only the Recurring
Payment currently scheduled will be impacted. Fixed payments scheduled for
future dates will not be affected.
7. Scheduling Payments
and Transfers
To
schedule a Payment using a PC or other Web Access Device, you must first set
it up by: (a) creating a Payee, (b) entering the amount of your Payment, and
(c) entering the date on which you would like your Payment to be initiated
or, for Recurring Payments, the day on which you would like such Payments to
be initiated during the specified recurring period.
In addition to setting up your Payments, you may set up other transactions,
including Transfers between your Accounts.
To schedule a Transfer of funds between your Accounts using a PC or other Web
Access Device, you must first set it up by: (a) selecting the eligible
Account from which the Transfer is to be made, (b) selecting the eligible
Account to which the funds are to be transferred, (c) entering the amount to
be transferred, (d) entering the date for the Transfer to be initiated or,
for Recurring Transfers, the day on which you would like such Transfers to be
initiated during the specified recurring period.
8. Delivery of Your
Scheduled Payments and Scheduled Transfers
You
may schedule Payments and Transfers to be initiated on the day that you enter
the Payment or Transfer information, on a future date, or on the same day of
each specified recurring period. Although you can enter Payment or Transfer
information through the Services 24 hours a day, 7 days a week, Payments and
Transfers can be initiated only on Business Days. The date entered for the
Payment or Transfer to be initiated is the date on which funds are to be
deducted from your Account. This date is referred to in this Agreement as the
"Transaction Date."
After Payments are deducted (or debited) from your Primary Checking Account,
your Payments will be remitted by mailing your Payee a check or by an
electronic funds transfer. Because of the time it takes to transmit your
Payment to your Payees, they will not receive Payment on the Transaction
Date. This applies regardless of whether the Payment is a Same Day Payment, a
Future Payment, or a Recurring Payment, as described below. Therefore, in
order to provide sufficient time for Payments to be received by your Payees,
the Transaction Date for each Payment must be four (4) to ten (10) Business
Days prior to the date your Payment is due, excluding any applicable grace
periods (the "Due Date"). We will not be responsible for any loss,
penalties, or late fees you may incur as a consequence of late Payment if
your actual Transaction Date is not at least ten (10) Business Days prior to
the actual Due Date for your Payment.
We process the Payments you make using the Bill Payment Service as follows:
We may send Payments to the Payee via an electronic transmission. Payees who
receive an electronic transmission will also receive, as part of that
electronic transmission, your account number with the Payee, along with your
Payment information. Payments made by electronic transmission are generally
received by most Payees within four (4) Business Days.
We may send Payments to Payees by a bank check mailed to the Payee. If more
than one customer schedules a Payment to the same Payee on the same
Transaction Date, we may issue a consolidated check to the Payee with a
listing showing each customer's name, account number to be credited and the
Payment amount. All such checks are delivered by U.S. mail. Due to mail time,
Payments made by check may take up to ten (10) Business Days to reach the
Payee.
9. Same Day Payments and
Same Day Transfers
A
Payment cannot be initiated on the day that you enter the Payment on the Service.
Using a PC or other Web Access Device, a Payment that is scheduled and sent
by 10 p.m. will be initiated on the second succeeding Business Day. A Payment
that is scheduled and sent after 10 p.m. will be initiated on the third
succeeding Business Day. You will not be able to see the Payment on the
"Pending Transactions" or "Details" sections of your
Primary Checking Account between the time you have entered the Payment and it
has been initiated. After the Payment has been initiated and before it posts
to your Account, you can view it under "Payment Reports".
You may schedule a Transfer to be initiated on the same day that you enter
the Transfer information on the Service (a "Same Day Transfer"). A
Same Day Transfer between CountryBank USA sent by 2:30 p.m. on a Business Day
will be initiated immediately. A Same Day Transfer between CountryBank USA
Accounts sent after 2:30 p.m. will be initiated on the following Business
Day.
10. Future Payments and
Future Transfers
You
also may schedule a Payment or Transfer to be initiated on any future
Business Day (a "Future Payment or Future Transfer"). Future
Payments will be initiated on the Business Day following the scheduled
Payment date. Future Transfers will be initiated on the scheduled Transfer
date.
If you schedule a Payment or Transfer for a day that is not a Business Day,
your Payment will be initiated on the second succeeding Business Day and your
Transfer will be made on the next succeeding Business Day. You may change or
cancel a Future Payment until 10 p.m. of the Business Day prior to the
scheduled date. You may change or cancel a Future Transfer until 2:30 p.m. of
the scheduled date.
11. Recurring Payments
and Recurring Transfers
Using
a PC or other Web Access Device, you may schedule Payments to a Payee to be
automatically initiated in a fixed amount on a weekly, twice monthly or
monthly basis (a "Recurring Payment"). You also may schedule
Transfers in a fixed amount to be automatically initiated on a weekly, twice
monthly, or monthly basis (a "Recurring Transfer").
The day on which a Recurring Payment or Recurring Transfer is scheduled to be
initiated is referred to below as the "Recurring Payment Date" in
the case of Payments, and the "Recurring Transfer Date" in the case
of Transfers. Recurring Payments will be initiated on the next Business Day
following the scheduled Payment Date. Recurring Transfers will be initiated
on the scheduled Transfer Date.
If a Recurring Payment Date or Recurring Transfer Date is a day which does
not exist or falls on a non-Business Day for the specified recurring period,
then the Payment or Transfer will be initiated on the following Business Day.
For example, if you schedule a Recurring Payment for the 30th of each month,
your Payment for the month of February will be initiated on or after the 28th
of February. If the Recurring Payment or Recurring Transfer falls on a day
other than a Business Day in the specified recurring period, your Payment or
Transfer will be initiated on the next Business Day. Thus, your actual
Transaction Date for any month may not be the Recurring Payment Date or
Recurring Transfer Date you specified. For example, if you schedule a
Recurring Transfer to be initiated on the fifth (5th) of each month, and
January 5th is a Saturday, your Transfer for January would not be initiated
until Monday, January 7th.
It also is important to note that differences in the number of Business Days
in a week can reduce the number of Business Days between your Transaction
Date and your Due Date in any specified recurring period. For example, assume
that you have a Payment due on the 16th of each month and you want to create
a Recurring Payment for it. Tuesday, May 2, 2000, is ten (10) Business Days
before Tuesday, May 16, 2000. However, in September, 2000, the 2nd falls on a
Saturday, and the 4th is a holiday. Therefore, a Recurring Payment scheduled
for the 2nd of each month actually would have been initiated on September 5,
2000, and ten (10) Business Days after that date is September 19, 2000. In
order to ensure that your Recurring Payments are always initiated at least
ten (10) Business Days before your Payment Due Date, we recommend that you
schedule the Recurring Payment Date to be at least fifteen (15) calendar days
prior to your Due Date.
12. Our Liability for Failure to Complete
Transactions
We
will process and complete all payments and transfers properly initiated
through the Service in accordance with this Agreement. Except as provided in
section 3, if we do not complete a payment or transfer to or from any of your
Accounts on time or in the correct amount under this Agreement, we will be
liable for the amount of any losses and damages that you incurred and which
resulted directly from our failure to do so. However, we will not be liable
if:
·
Through no fault of
ours, you do not have enough available funds in your designated Account to
make the payment or transfer.
·
The payment or transfer
would go over the credit limit on your overdraft line, if applicable.
·
The Service or your PC
or modem or other access device was not working properly and you knew about
the malfunction when you started the payment or transfer.
·
The Payee Information
necessary to complete the payment has been lost.
·
A Payee mishandles or
delays crediting payments sent by us.
·
You have not provided
the correct Payee name, address, Confirmation Number, Payee Account
information or payment amount.
·
Circumstances beyond our
control (such as fire, flood, power failure or delay in the U.S. Mail)
prevent the proper completion of the transaction despite reasonable
precautions by us to avoid these circumstances.
·
If there is a hold on
your account or if access to your account is blocked, in accordance with bank
policy.
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If your funds are
subject to legal process or other encumbrance restricting the transfer.
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If your transfer
authorization terminates by operation of law.
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If you believe someone
accessed your accounts without your permission and you fail to notify us
immediately.
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If you have not properly
followed the scheduling instructions on how to make a transfer included in
the Agreement.
·
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 the 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.
13. Canceling or
Changing Payments or Transfers
Please
refer to our "Electronic Funds Transfer Act Disclosure" for
information on canceling or changing Payments or Transfers.
14. Fees
There
is no regular service charge for CountryBank USA's Online Banking Service.
Bill Pay is FREE with a CountryFree Checking Account and if you pay at least 2 bills per statement cycle. There is a monthly fee of $4.95 if you are enrolled in Bill Pay and don’t use it, or if you pay less than 2 bills per month.
The
following special fees apply to Online Banking:
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Copy of Online Banking Bill Payment Check
|
$11.00 per copy
|
|
Overdrafts - Online Banking Bill Payment
Transactions
|
$40.00 per item
|
|
Stop Payments on Online Banking Bill Payments
|
$35.00
|
Please
refer to our Truth in Savings Disclosures and Fees for General Services for
other fees that may apply to your Account.
15. Business Day
Disclosure
Our
Business Days are Monday through Friday (Holidays are not included). Our
normal business hours are 8:30 am to 5:00 pm on Business Days.
The Online Banking and Bill Payment Services are generally accessible 24
hours a day, seven days a week, except that Services may be inaccessible for
a reasonable period for system maintenance. We are not liable under this
Agreement for failure to provide access due to a system failure or due to
other unforeseen acts.
We may modify, suspend or terminate access to the Services at any time and
for any reason without notice or refund of fees you have paid.
16. In Case of Errors or Questions About Your
Electronic Transfers.
Telephone
us at 1-877-258-1348 as soon as you can, if you think your statement or
receipt is wrong or if you need more information about a Transfer listed on
the statement or receipt. We must hear from you no later than 60 days after
we send you the FIRST Statement or notice of activity on which the problem or
error appeared. 1. Tell us your name and account number (if any). 2. 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. 3. Tell
us the dollar amount of the suspected error.
If
you tell us orally, we may require that you send us your complaint in writing
within 10 business days. We will tell you the results of our investigation
within 10 business days (5 business days for Visa® Check Card point-of-sale
transactions) after we hear from you and will correct any error promptly. If
we need more time, however, we may take up to 45 days (90 days if the
transfer involved a point-of-sale or a foreign- initiated transfer or if the
transaction involves a new account) to investigate your complaint or
question. If we decide to do this, we will credit your account within 10
business days (5 business days for Visa® Check Card point-of-sale
transactions and 20 days if the transfer relates to a new account) for the
amount you think is in error, so that you will have 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 within 10 business
days, we may not credit your account.
If we decide that there was no error, we will send you a written explanation
within 3 business days after we finish our investigation. You may ask for
copies of the documents that we used in our investigation.
NOTE: You should retain all of your receipts and record all transactions in
your appropriate account register, e.g., your checkbook or savings
register.
17. Inactivity and
Termination
You
are responsible for complying with all the terms of this Agreement and with
the terms of the Agreements governing the Accounts which you access using the
Online Banking and Bill Payment Services. We can terminate your Online
Banking privileges (including the Bill Payment Service) under this Agreement
without notice to you if you do not pay any fee required by this Agreement
when due, or if 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 other reason.
We may convert your Service 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 Service is considered inactive, you must
contact us to have the Online Banking Service activated before you will be
able to schedule any transaction through the Online Banking Service.
To cancel the Online Banking Service and/or Bill Payment Service, you must
notify us and provide your name, address, whether you are discontinuing
Online Banking, Online Bill Payment or both, and the effective date to stop
the Service. When Bill Payment is terminated, you must delete Future Bill
Payments made through Online Banking access. You may notify us by one of the
following methods:
·
By contacting us using
our Guest
Book or sending us an e-mail. Our
Guest Book provides a secure method of communicating with us on the Internet.
If you use e-mail to communicate confidential information, please be aware
that some Internet e-mail may not be secure.
·
By calling
1-877-258-1348, 8:30 AM - 5:00 PM (CST), on a Business Day.
·
By writing a letter and
either giving it to a Customer Service Representative at any branch location
or sending it to the following address:
Online Banking Services Department
|
CountryBank USA
|
|
PO Box 549
Cando, ND 58324
|
-or-
|
PO Box 1168
Devils Lake, ND 58301
|
18. Special Rules for New Accounts
If
you are a new customer, the following may apply during the first 30 days your
account is open.
Funds from electronic direct deposits to your account will be available on
the day we receive the deposit. Funds from deposits of cash, wire transfers
and the first $5000 of a day's total deposits of cashier's, certified,
teller's, traveler's. and federal, state and local government checks will be available
on the first business day after the day of your deposit if the deposit meets
certain conditions. For example, the checks must be payable to you. The
excess over $5000 will be available on the ninth business day after the day
of your deposit. If your deposit of these checks (other than a US Treasury
check) is not made in person to one of our employees, the first $5000 will
not be made available until the second business day after the day of your
deposit.
Funds from all other check deposits will be available on the ninth business
day after the day of your deposit.
19. Availability of
Funds
Please
refer to our Funds Availability Policy disclosure as to when funds will be
available from items deposited. This disclosure contains important
information about additional matters such as special rules for new accounts
and delays that may be imposed on the availability of certain deposits.
20. 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.
21. Modifications to
this Agreement
We
may modify the terms and conditions applicable to our Services from time to
time upon mailing or delivering a notice of the modifications to you at the
address shown on our Account records, and the revised terms and conditions
shall be effective at the earliest date allowed by applicable law.
We may send any notice to you via electronic mail and you will be deemed to
have received it three days after it is sent.
We reserve the right to terminate this Agreement and your use of the Services
in whole or in part at any time without prior notice.
22. Governing Law
This
Agreement has been delivered to us and accepted by us in the State of North
Dakota. Subject to the provisions of the next paragraph, any action or suit
brought in connection with this Agreement or the transactions contemplated
herein may be brought in a court of record in Towner County or Ramsey County,
North Dakota, the parties hereto irrevocably submitting and consenting to the
non-exclusive jurisdiction of each thereof, and each party irrevocably
waives, to the fullest extent it may effectively do so under applicable law,
any objection it may now or hereafter have to the laying of the venue of any
such suit, action or proceeding brought in any such court and any claim that
the same has been brought in an inconvenient forum. IN THE EVENT OF ANY
CLAIM, DEMAND, ACTION OR CAUSE OF ACTION IN CONNECTION WITH THIS AGREEMENT OR
ANY OF THE TRANSACTIONS CONTEMPLATED HEREIN, IN EACH CASE WHETHER NOW
EXISTING OR HEREAFTER ARISING AND WHETHER SOUNDING IN CONTRACT OR TORT OR
OTHERWISE, YOU AND WE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ALL
RIGHTS TO A TRIAL BY JURY AND AGREE THAT YOU OR WE MAY FILE A COPY OF THIS
AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES
HERETO TO THE FOREGOING WAIVER.
Notwithstanding the foregoing, you and we agree that all disputes claims and
controversies between you and us, whether individual, joint or class in
nature and arising from this Agreement or otherwise, including without
limitation, disputes sounding in contract or tort, shall be resolved in
arbitration proceedings in Cando, North Dakota, in accordance with the rules
of the American Arbitration Association governing commercial arbitration.
Such arbitration shall be commenced upon the written request of either party
forwarded to the other in accordance with the notice provisions applicable to
this Agreement and shall be conducted before a panel of three (3)
arbitrators, one chosen by you, one chosen by us and one appointed by said
Association. No act shall constitute a waiver of this arbitration agreement,
including, without limitation, obtaining injunctive relief or a temporary
restraining order; obtaining a writ of attachment or imposition of receiver,
or exercising any rights related to property, including taking or disposing
of such property with or without judicial process pursuant to the Uniform
Commercial Code. Any disputes, claims or controversies concerning the
lawfulness or reasonableness of any act, or exercise of any right, shall also
be arbitrated, provided however that no arbitrator shall have the right or
the power, including the enforceability of this arbitration provision and any
claim to rescind, reform or modify this Agreement, to enjoin or restrain any
act of any party. Judgment upon any award rendered by any arbitrator may be
entered in any court having jurisdiction under the above paragraph of this
section. Nothing in this Agreement shall preclude us from seeking equitable
relief from a court of competent jurisdiction. The statute of limitations,
estoppel, waiver, laches and similar doctrines which would otherwise be
applicable in an action brought by a party shall be applicable in any
arbitration proceeding and the commencement of an arbitration proceeding
shall be deemed to be the commencement of an action for these purposes. The
Federal Arbitration Act shall apply to the construction, interpretation and
enforcement of this arbitration provision.
By clicking the "I Accept" button below, you are agreeing to
CountryBank USA's Online Banking Terms and Conditions and to the terms and
conditions within CountryBank USA's Electronic Funds Transfer Act Disclosure
and you are agreeing to accept delivery of the Terms and Conditions
electronically.
