Electronic Banking Agreement
Effective Date: June 1, 2013
CharterWest National Bank
201 S Main Street, PO Box 288
West Point, NE 68788-0288
402-372-5147 or Toll Free 1-800-872-5147
Please read the entire Agreement carefully before enrolling in the Service or initiating any transactions.
This Agreement between you and CharterWest National Bank, 201 S Main Street, PO Box 288, West Point, NE 68788-0288 governs your use of our Electronic Banking services (the “Service”). The Service permits our Customers to perform a number of banking functions on accounts linked to the Service through the use of a personal computer, mobile device, and the Internet.
After you have carefully read this Agreement in its entirety and the linked Privacy Policy, you will be asked to accept the terms and conditions of this Agreement. When you accept these terms and conditions, you represent and warrant that you are an Authorized User acting with full authority, and that you are duly authorized to execute this Agreement.
You should print and/or save a copy of this Agreement for your records. To print, select the print function on your browser. To save a copy of this Agreement on your computer, select “File” and then “Save As” on your browser.
If you need help printing or saving this document, or if you have any questions about this Agreement, please contact us. Our contact information is listed at the top of this Agreement. You can obtain a paper copy of this Agreement at any time. Updates to this Agreement will be sent electronically as further described within this Agreement.
When you click on the “I AGREE” button below, you agree to the terms and conditions of this Agreement. By AGREEING, you also certify that you are able and willing to accept the electronic version of this document.
If you do not agree to the terms of this Agreement and/or do not accept the electronic version of this document, select the cancel button.
Agreement - means these terms and conditions of the Internet Banking, Mobile Banking, eStatement, and Bill Payment services.
Authorized User - is any individual or agent whom you allow to use the Service or your password or other means to access your Eligible Account(s).
Bill Payment Service Provider – refers to the contractor, sub-contractor, or provider of our Bill Payment and Delivery services, CheckFree Services Corporation.
Biller – is the person or entity to which you wish a Bill Payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
Billing Account - is the checking account from which all Service fees will be automatically debited.
Business Day - is every Monday through Friday, excluding Federal Reserve holidays.
Business Day Cutoff - Refers to the cut-off time for posting purposes. The cut-off time for online transactions is based upon our Business Days and the Central Standard Time. For posting purposes, we will process all transactions completed by 6:00 PM on the same Business Day. Transactions completed after 6:00 PM will be processed on the following Business Day. Bill Payment cut-off and scheduling times differ and are further detailed in the CheckFree Terms and Conditions of the Bill Payment Service.
Consumer – Refers to a natural person who owns an Eligible Account at CharterWest National Bank and who uses the Service primarily for personal, family, or household purposes.
Due Date - is the date reflected on your Biller statement for which the Bill Payment is due. It is not the late date or grace period.
Eligible Accounts –An Eligible Account means any one of your account(s) to which we allow access through the Service under this Agreement. Only a checking may be eligible for Bill Payment privileges.
When using the Service, you agree to maintain one or more Eligible Accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the Service.
Joint Accounts - If the Eligible Accounts added to the Service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your Access ID and Password are authorized unless we have been notified to cancel the Service. If joint account holders use individual Access IDs, the Service may be identified separately.
Laser Draft Payment – is a payment method similar to a check written by you on your Payment Account. Billers should receive Laser Draft Payments no later than the Scheduled Payment Date. Funds remitted to the Biller are deducted from your Payment Account when the Laser Draft is presented to CharterWest National Bank for payment. As a result, neither CharterWest nor its Service Provider(s) can control when your Payment Account will be debited for a Laser Draft Payment.
Payment Account - is the checking account from which Bill Payments will be debited. You must be a legal owner of any Payment Account registered for the Service.
Payment Instruction - is the information provided by you to the Service for a Bill Payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
Scheduled Payment - is a Bill Payment that has been scheduled through the Service but has not begun processing.
Scheduled Payment Date - is the day you want your Biller to receive your Bill Payment and is also the day your Payment Account will be debited (other than Laser Draft Payments, as described above), unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
Service – means the Internet Banking, Bill Payment, eStatements, and Mobile Banking offered by CharterWest National Bank through its Service Providers.
Service Provider - includes any agent, licensor, independent contractor or subcontractor that CharterWest National Bank may involve in the provision of electronic banking services.
you and your - As used within this Agreement, “you” and “your” refer to the person enrolling in the Service, owner of the eligible accounts, as well as any Authorized Users that such person allows, subject to the parameters of multiple user access as set forth within the Service.
we, us, or our – As used within this Agreement, refer to CharterWest National Bank and any agent, independent contractor, service provider, sub-contractor, licensor, designee, or assignee that CharterWest National Bank may involve in the provision of the Service.
Basic CharterNet Internet Banking Services
The basic features currently available through the Service include:
• Account Inquiries for balances, rates, etc.
• Transfers between your online accounts
• View loan balances
• Payments to loans at CharterWest National Bank
• Review up to 24 months of account statements
• Transaction downloads
We may add or remove certain features and/or functionality available from time to time. You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control.
Optional Services
CheckFree Bill Payment & PopMoney
Pay your bills and pay people from one location. This service is ONLY available for checking accounts and can be enrolled in at any time via CharterNet Internet Banking. You must agree to CheckFree’s Terms and Conditions.
CharterGreen eStatements
No longer receive paper statements in the mail. Enrollment in eStatements requires a valid e-mail address and acceptance to receive your statement electronically. An e-mail will be sent detailing the retrieval procedures for account statement(s). Enrollment can be completed at any time from CharterNet Internet Banking. Enrollment in eStatements will cease mailed paper statements for enrolled accounts and notification of statement availability will be ONLY via e-mail. To ensure email notifications are received, we suggest adding estatements@charterwest.com to your email address book. Statements will be available for up to 24 months. Statements can be printed or saved locally if you need to retain them longer. Adobe Reader is required to view the statements online.
In the event you wish to cancel eStatements, please contact us at 402-372-5147 or Toll Free 1-800-872-5147. Cancellation of CharterGreen eStatements may result in a $3.00 monthly service charge for certain types of accounts in accordance with CharterWest’s Deposit Account Options and Service Charges summary.
CharterGo Mobile Banking
Mobile Banking is a personal financial information management service that allows you to:
• access account information such as balances and recent transaction history;
• transfer funds between your accounts;
• make payments through our online bill pay service;
• and make other banking transactions using compatible and supported mobile phones and/or other compatible and supported wireless devices.
Enrollment in Mobile Banking requires logging into CharterNet Internet Banking and a mobile phone number. Users must accept the FiServ Mobile Banking Terms and Conditions. Users choose the type of mobile access (SMS Text Messages, Mobile Browser, and/or Downloadable Application) they wish to receive. A verification code is sent to your mobile phone number via text message. The verification code is entered on the enrollment website to complete the enrollment process. Instructional text messages are sent with information on the access methods chosen. Access will require a password for every visit to the application or browser link.
Standard text messaging and data usage rates apply. Not all Mobile Banking Services are available on all types of mobile devices. Customers are allowed to cancel the mobile banking service at any time by calling us at 402-372-5147 or Toll Free 1-800-872-5147. For more information please see the Mobile Banking Obligations section of this agreement and the Mobile Banking Terms and Conditions on our website.
Basic CharterNet Internet Banking Service – FREE
CharterGreen eStatements – FREE
CharterGo Mobile Banking – FREE (Standard text message rates and data usage rates apply)
CheckFree Bill Payment Fees:
Retail Consumers: Fees for the first 3 months of Bill Payment will be waived as a way to introduce the Service. After the introductory period, Bill Payment for retail consumer accounts with less than 5 payments per month will be assessed a flat fee of $5.95 per month. Retail consumer accounts with 5 or more payments per month will have no fee. Fees are assessed on each access that has enabled the Bill Payment service.
Business (Commercial) Consumers: Bill Payment for up to 15 payments will be a flat fee of $5.95 per month. Fees are assessed on each account that has enabled the Bill Payment service.
Fees of $.50 are assessed for each Bill Payment exceeding 15 per month in each account.
There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
Requirements for Enrolling in the Service
In order to enroll in the Service:
• You must have an Eligible Account with CharterWest National Bank.
• Your account with us must be in good standing.
• You must be a resident of the United States or its possessions.
• You must have a computer and Internet browser that will support 128 bit encryption.
• You will need Internet access through an Internet service provider (ISP).
• You will need Adobe Reader to access account documents and disclosures.
• You will need access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures.
• You will need an external email address for the delivery of electronic notices and disclosures.
• You will need a mobile device with phone number if enrolling in mobile banking.
Prior to enrolling in the Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the Service and to retain a copy of this Agreement.
If we revise hardware and software requirements, and if there’s a material chance that the changes may impact your ability to access the Service, we will give you advance notice of these changes and provide you an opportunity to cancel the Service and/or change your method of receiving electronic disclosures (e.g. change to paper format vs. an electronic format) without the imposition of any fees.
You must complete the First-Time Login process via www.charterwest.com to use the Service. The Internet enrollment process involves completing the First-Time Login Information screen that we will use to verify your identity. You will also choose your Access ID and Password during the enrollment process, select and answer three Challenge Questions, and review your image and select a pass phrase for Multi-Factor Authentication.
When you enroll for the Service, you agree to provide true and accurate enrollment information. We will verify the information you submit for accuracy and proper authorizations.
When any transfer or other Payment Instruction is initiated through the Service for your benefit, you agree that we may debit the designated Eligible Accounts without requiring your signature on the item and without any notice to you. Requirements for dual signatures on checks, if applicable, do NOT apply to Bill Payments or other transfers initiated through the Service. Any Authorized User must be authorized individually to make electronic transfers and online Bill Payments even though that person’s authority to make transfers by other means may still require dual signatures.
Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in the Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges.
Canceling or Changing Transfers
You cannot cancel a transfer after it has been entered into the system AND the information has been processed and/or transmitted to us through the Service; however, you can edit or change a transfer that is still “pending”.
If you need our assistance on making edits to automatic/future dated transfers we must receive your request three (3) Business Days or more before the transaction is scheduled for processing. If you call, we may also require you to put your request in writing and get it to us within 14 days after the call.
Bill Payment and Transfer Limitations
You may use the Service to check the balance of your Eligible Account (s) and to transfer funds among your Eligible Accounts. You must have sufficient funds in your account to cover the amount of any online transfers and Bill Payments on the scheduled payment date set for the transaction, or the transaction may not be processed. NSF and/or overdraft charges may be incurred if Bill Payments exceed your account balance.
Current federal regulations restrict the number of transactions that you can make from certain types of accounts, such as CharterVest Money Market and Savings Accounts. For these types of accounts, you may not make more than six (6) pre-authorized electronic transfers, which include computer/mobile device initiated transfers, telephone transfers, checks, and point-of-sale transactions during a given monthly statement period. Transfers and Bill Payments authorized by personal computer or mobile device through the Service are counted toward the six permitted monthly transfers. Bill Payments are considered third party transfers and are limited to three (3) transactions. Federal regulations currently place no limits on the number of transfers or Bill Payments from your Checking, therefore CharterWest National Bank currently limits the Bill Payment Service to only Checking Accounts.
Privacy
We understand how important privacy is to our customers. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our Privacy Policy before completing the enrollment process for the Service.
Disclosure of Account Information to Third Parties
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
• Where it is necessary for completing transactions;
• Where it is necessary for activating additional services that you have requested;
• In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
• In order to comply with a governmental agency or court orders; or
• If you give us your written permission.
Please refer to our Privacy Policy for additional detail on disclosure of account information.
Security
The Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. Prior to activating your access to Internet Banking, the Service will verify your identity and authorization against information associated with an Eligible Account (s). Use of the Services will therefore require a PIN during First-Time Login to authorize your enrollment.
Access IDs and Password - One of the main security features protecting the Service is the unique combination of your Access Identification Code (Access ID) and Password. During the enrollment process, you will be asked to select a unique Access ID, and then choose a Password that will be used to gain access to the Service. Neither CharterWest National Bank nor its Service Providers have access to this information. The Service will automatically lock your account after three unsuccessful login attempts. You may contact us for assistance if your account remains locked out.
Because your Password is used to access your accounts, you should treat it as you would any other sensitive personal data.
• You should carefully select a Password that is hard to guess.
• You should not use words based on your name, address or other personal information.
• Special characters may be used to increase security.
• Do NOT use dictionary words.
• Keep your Password safe.
• Memorize your Password and do NOT write it down.
• You should also change your Password occasionally, such as every 90 days.
• A Password should be changed immediately if you suspect that your Password has been compromised. This can be done at any time from the Internet Banking Service.
We may accept as authentic any instructions given to us through the use of your password or PIN.
Multi-Factor Authentication (MFA) is an additional layer of security that is a standard part of your Internet Banking login routine. The MFA is made up of three parts: an image, a pass phrase and three challenge questions no one else knows. When you're at your own computer, enter your Access ID and then click on the Submit button. We'll show your MFA image and pass phrase, which verifies that you're at the valid Internet Banking site at CharterWest National Bank. Now you know it's safe to enter your Password. When you're signing in from a different computer, we ask one of your challenge questions to verify your identity. The secret pass phrase and image will appear after you answer correctly. You know it's safe to enter your Password and login; and we know that it's really you. **Mobile Banking access will also require verification of the MFA image and passphrase and input of your password for every login attempt.**
Neither CHARTERWEST NATIONAL BANK nor its Service Providers will contact you via telephone or email requesting personal information, your Access ID, or your PassWORD. If you are contacted by anyone requesting this information, please contact us immediately.
Encryption – The Service uses the Secure Socket Layer (SSL) encryption technology for everything you do while using Internet banking. Your browser automatically activates this technology when it attempts to connect to our Service. The Service requires a browser that supports 128-bit encryption. The Service will warn you if your browser does not meet this requirement.
Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from “open” to “locked”. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.
Certificate Authority - The servers hosting the Service have been certified by a Certificate Authority to assure you that you are actually talking to the Service instead of someone pretending to be us. If you are using an older browser, such as anything prior to versions 4.0 on Netscape Navigator or Internet Explorer, you will see that the Certificate Authorities key may have expired; you will need to update your browser. By clicking on the lock within the Service, you can view the certificate to ensure its valid.
Computer Cookies - During your use of the Service, our Service Provider may pass an encrypted cookie to your computer in order to identify your computer during the session. This cookie enables us to process multiple transactions during the session without having to provide authentication for each individual transaction. This cookie does not contain any personal information; it simply provides another level of security for our Internet Banking product. The cookie is stored on your computer’s hard-drive, identifying your computer while you are logged on. When you log off, close your browser, or turn off your machine, the cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your account.
Additional Security Guidelines:
• All Authorized Users should log-off after every Service session; however, online sessions will automatically end after ten (10) minutes of inactivity. This is to protect you in case you accidentally leave your computer or device unattended after you log-in.
• The security of public computers (e.g. in a library, or Internet café) cannot be assured; therefore we recommend that you refrain from accessing the Service on a public computer.
• Routinely scan your computer, devices, servers, and electronic media using reliable virus detection and anti-spyware products. Undetected or un-repaired viruses or spyware may affect the performance of your computer, corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit sensitive data to another third party or transmit a virus to other computers.
• Use a firewall product (hardware and/or software), especially if you have a broadband Internet connection such as DSL or cable modem.
• Keep your computer’s/device’s operating system and browser fully patched for critical security issues. We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Service.
Your PIN and Password Responsibilities
When you accept the terms and conditions of this Agreement, you agree not to give or make available your PIN and/or password or other means to access your account to any unauthorized individuals. You are responsible for all transfers and Bill Payments you authorize using the Service. If you permit other persons to use the Service, your PIN and/or password, or other means to access your account, you are responsible for any transactions they authorize.
If you believe that your PIN and/or password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by calling 402-372-5147 or Toll Free 1-800-872-5147 during business hours.
If you or your Authorized users disclose your PassWORD to anyone, and/or if you allow someone to use your PassWORD to access your accounts, you are authorizing them to act on your behalf and you will be responsible for any use of the Service by them (e.g., such as when you provide this information to a joint account holder, an employee, and/or an aggregation service provider).
Mobile Banking Obligations
1. Use of Mobile Banking
Mobile Banking will not work unless you use it properly. You accept responsibility for making sure that you understand how to use Mobile Banking before using, and that you always use Mobile Banking in accordance with any online instructions that may be delivered to you. You also accept responsibility for making sure that you know how to properly use your Wireless Device and the Mobile Banking software (“Software”). From time to time we may change, upgrade, or add new features to Mobile Banking. In the event of such changes, you are responsible for making sure that you understand how to use the updated or changed version of the Mobile Banking software. We will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your Wireless Device.
2. Relationship to Other Agreements
You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with us and our affiliates. You also agree that you will continue to be subject to the Terms and Conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider that this agreement does not amend or supersede any of those agreements. You agree that only your mobile service carrier or provider is responsible for its products and services, and that your mobile service carrier is not the provider of Mobile Banking. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us. You also agree that if you have any problems with Mobile Banking, you will contact us directly.
3. License
You are hereby granted a personal, limited, non-transferable, non-exclusive, non-sub licensable and non-assignable license (“License”) to download, install and use the Software on your Wireless Device within the United States and its territories. In the event that you obtain a new or different Wireless Device, you may be required to download and install the Software to that new or different Wireless Device.
a. License Restrictions/Revocation. This License shall be revoked immediately upon any of the following conditions,
(i) your termination of Mobile Banking;
(ii) your deletion of the Software from your Wireless Device;
(iii) your noncompliance with this Addendum;
or (iv) written notice to you at any time, with or without cause.
In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Software from your Wireless Device and/or discontinue use. We and our service providers reserve all rights not granted to you in this agreement.
4. Software
The Software shall be used solely in connection with Mobile Banking and may not be used by you for any other reason. You may not grant any sublicenses to the Software. You agree that you will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Software, (ii) copy or reproduce all or any part of the technology or Software, or (iii) interfere, or attempt to interfere with the technology or Software. The Software does not include various third party operating systems and applications that will be required to use the Software. You will be solely responsible for such third party software. You acknowledge that the Software contains trade secrets and other proprietary and confidential information, whether or not the Software contains any copyright or other proprietary notice. You agree to take commercially reasonable precautions to protect the confidentiality of the Software. You (a) will not print, copy, or duplicate any portion of the Software, (b) will not alter any copyright notices on the Software, (c) will not make the Software available in any form to anyone except your agents for purposes specifically related to your authorized use, (d) will take appropriate action with any persons permitted access to the Software to inform them of the confidential nature thereof and to obtain their compliance with the terms of this Paragraph, (e) only will use the Software for your personal use and not for the benefit of any other person or entity, and (f) will comply with all of our procedures and requirements for use of the Software. The provisions of this Paragraph will survive termination of this Agreement.
5. Account Ownership/Accurate Information.
You represent that you are the legal owner of the accounts and other financial information that may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information. You also agree not to misrepresent your identify or your account information. You agree to keep your account information up to date and accurate. You agree that we and our service providers may send you, by sms text message, e-mail, and other methods, communications relating to Mobile Banking (with an opportunity to opt-out), including without limitation welcome messages, information and requests for information relating to use of Mobile Banking and other Online Banking services. You agree to use Mobile Banking carefully, to keep your password confident and secure and not share it with others, to check your statements and transactions regularly, to report any errors to us promptly by calling us at 402-372-5147 or toll free 800-872-5147, and to cancel immediately your participation in Mobile Banking if you observe any material errors in the Mobile Banking Services.
6. Location-Based Information.
If you use any location-based feature for Mobile Banking you agree that your geographic location and other personal information may be accessed and disclosed through Mobile Banking. If you wish to revoke access to such information you may cease using location-based features of Mobile Banking.
7. Export Control
You acknowledge that the Software is subject to the United States (U.S.) government export control laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the Software. You agree that you will not directly or indirectly use, export, re-export, or transfer the Software except in compliance with applicable U.S. export laws and regulations. Without limitation, you agree that you will not use Mobile Banking in any embargoed or sanctioned country.
8. Proprietary Rights
You are permitted to use content delivered to you through Mobile Banking only on Mobile Banking. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Mobile Banking technology, including, but not limited to, any Software or other mobile phone applications associated with Mobile Banking.
9. Conduct
You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patents, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
No Commercial Use or Re-Sale: You agree that the Mobile Banking Services are for personal use only. You agree not to resell or make commercial use of Mobile Banking.
10. Indemnification.
You agree to indemnify, defend, and hold us and our affiliates and service providers harmless from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of Mobile Banking, your violation of this Addendum, your violation of applicable federal, state or local law, regulation or ordinance, or your infringement (or infringement by any other user of your account) of any intellectual property or other right of anyone.
11. Mobile Banking Services Limitations.
a. Neither we, nor any of our service providers, can always foresee or anticipate technical or other difficulties related to Mobile Banking. These difficulties may result in loss of data, personalization settings or other Mobile Banking interruptions.
b. Neither we, nor any of our service providers, assume responsibility for any disclosure of account information to third parties, the timeliness, deletion, misdelivery or failure to store any user data, communications, or personalization settings in connection with your use of Mobile Banking.
c. Neither we, nor any of our service providers, assume responsibility for the operation, security, functionality or availability of any wireless Device or mobile network that you utilize to access Mobile Banking.
d. You agree to exercise caution when utilizing the Mobile Banking application on your Wireless Device and to use good judgment and discretion when obtaining or transmitting information.
e. Information about activity is synchronized between the Mobile Banking software and our core system. Transfer and payment information available via the Mobile Banking software may differ from the information that is available directly through our website. Information available directly through our website may not be available via the Mobile Banking software, may be described using different terminology, or may be more current that the information available via the Mobile Banking software, including but not limited to account balance information. We are not responsible for such differences, whether or not attributable to your use of the Mobile Banking software. Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
12. Use of Data
We, and our service providers, will use information you provide for purposes of providing the Mobile Banking Services and to prepare analyses and compilations of aggregate customer data that does not identify you (such as the number of customers who signed up for Mobile Banking in a month).
13 Third Party Beneficiary.
You agree that our service providers may rely upon your agreements and representations in this Addendum, and such service providers are third party beneficiaries to this Addendum, with the power to enforce its provisions against you.
14. Limitations and Warranty Disclaimers
We and our service providers disclaim all warranties relating to the Mobile Banking Services or otherwise in connection with this agreement, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-infringement. Neither we nor our service providers will be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if we or our service providers, as applicable, have been advised or, or have reason to know of, the possibility of such damages. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Our Liability for Failure to Complete Transactions
We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by CharterWest National Bank and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, mobile network, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the Biller received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and CharterWest National Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account, or causes funds from your Payment Account to be directed to a Biller, which does not comply with your Payment Instructions, CharterWest National Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
Documentation And Verification Of Payments And Transfers
Information regarding Internet Banking, Mobile Banking, and Bill Payment transactions will be reflected on the account detail in the Service and in your regular monthly account statement(s).
1. Provisions Applicable Only to Consumer and Sole Proprietors Deposit Accounts
A. Errors and Questions
In case of errors or questions about your electronic transactions, you should notify us as soon as possible through one of the following methods:
• Telephone us at 402-372-5147 or Toll Free 1-800-872-5147 during business hours or
• Write to us at 201 S Main Street, PO Box 288, West Point, NE 68788-0288
If you think your statement is incorrect or you need more information about an electronic transfer or Bill Payment transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
• Tell us your name, relevant Service account number(s), and Access ID;
• Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
• Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your account.
For errors regarding electronic transactions on new consumer accounts, we may take up to 90 days to investigate your complaint or question. We may take up to 20 Business Days to credit a new account for the amount you think is in error.
If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
B. Consumer Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Access ID or Password has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit if applicable).
If consumer customers tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00.
If your monthly account statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
2. Additional Provisions Applicable Only To Business Customers
A. Protecting Your Account
Business Customer(s) will be solely responsible for designating its Authorized Users, assigning privileges, and disclosing the identity of said users to CHARTERWEST NATIONAL BANK and all changes thereof in writing. BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT ITS AUTHORIZED USERS HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSFERS AND BILL PAYMENTS THROUGH THE SERVICE.
BUSINESS CUSTOMER AUTHORIZES CHARTERWEST NATIONAL BANK AND ITS SERVICE PROVIDERS TO ACT UPON, AND YOU AGREE TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH YOUR ACCESS ID AND PASSWORD AND/OR THE ACCESS ID AND PASSWORD OF AN AUTHORIZED USER. FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. CHARTERWEST NATIONAL BANK AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER.
BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE SERVICE OR COMPANY ACCOUNTS BY ITS AUTHORIZED USERS. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS CHARTERWEST NATIONAL BANK AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OUR ACTING UPON ANY DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN ACCESS ID AND PASSWORD OF AN AUTHORIZED USER.
You agree that we may send notices and other communications, including emails, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that CHARTERWEST NATIONAL BANK and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. In addition, you agree to
• Require all Authorized Users to keep passWORDS secure and strictly confidential;
• Immediately notify us and select a new password if you or your Authorized Users believe your passWORDS may have become known to an unauthorized person.
We may disable ACCESS of Authorized Users even without receiving such notice from you, if we suspect THE ACCESSES are being used in an unauthorized or fraudulent manner.
Business customers shall be solely responsible for the development and implementation of all commercially reasonable procedures to control access to their computer systems and to protect any data files stored thereon. Business customers shall be solely responsible for all appropriate and commercially reasonable, physical, logical, and network security systems and devices to protect the security of data files maintained on computer(s) used to access the service as well as the protection against unauthorized access to business computers, and/or networks used to access the service. Business customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the service.
CHARTERWEST NATIONAL BANK and its service providers shall have no obligation, liability or control, either directly or indirectly concerning the Business customers’ selection of security systems or devices for the protection of any data files or computers used to access the services or over business customers development or implementation of security procedures or the failure of business customer to maintain said procedures.
B. Commercially Reasonable Security Procedures of the Service
When you accept this Agreement and use the Service, you acknowledge and agree that the Service includes security measures which are commercially reasonable. You agree to be bound by our security procedures and instructions, which may be periodically updated. You agree to review and implement all security procedures available in connection with the Service, including procedures to protect the confidentiality of your Access ID and passWORD and the same for your authorized users. You agree to notify CHARTERWEST NATIONAL BANK in the event that your use of the Service would necessitate or be better served by a level of security that exceeds that offered by the Service. If you fail to notify CHARTERWEST NATIONAL BANK, you acknowledge and agree that the security aspects of the Service are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use.
C. Errors and Questions
In case of errors or questions about your transactions, you should as soon as possible notify us through one of the following methods:
• Telephone us at 402-372-5147 or Toll Free 1-800-872-5147 during business hours;
• Write us at: 201 S Main Street, PO Box 288, West Point, NE 68788-0288
D. Your Liability for Unauthorized Transfers
You must notify us of errors, discrepancies, or possible unauthorized payments as soon as possible upon learning of the discrepancy. If you fail to notify us within sixty (60) days after you have received notice of an unauthorized or erroneous transfer or Bill Payment, CharterWest National Bank will not owe you any interest on the amount in question, even if we are otherwise liable to you in connection with the transaction.
CharterWest National Bank and its Service providers shall have no liability to you for any unauthorized payment or transfer made using your password that occurs before you have notified us of any possible unauthorized use and we have had a reasonable opportunity to act upon that notice.
If you fail to notify us of any discrepancy within one (1) year, you shall be precluded from asserting any such discrepancy against us.
E. Limitation of Institution Liability
CHARTERWEST NATIONAL BANK and its Service providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. CHARTERWEST NATIONAL BANK and its Service Providers will have no liability for any loss or damage:
• Related to the dishonesty of the Business Customer’s employees, officers, agents or Authorized Users;
• Resulting from any receiving financial institution’s failure to accept any payment or funds transfer request;
• Resulting from any delay in the performance of this Agreement, which is caused by an act of God, fire or other casualty, electrical or computer/DEVICE failure, delays or failure to act by any carrier, medium or agent operating between CHARTERWEST NATIONAL BANK and third parties, or any other condition outside of our control.
If CHARTERWEST NATIONAL BANK and/or its Service Providers fail or delay in making a transfer or Bill Payment pursuant to your instruction, or if we make a transfer or payment in an erroneous amount which is less than the amount per your instruction, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you canceled the instruction.
We may pay such interest either to you or the intended recipient of the payment, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment in an erroneous amount which exceeds the amount per your Payment Instruction, or if we permit an unauthorized payment after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (60) days interest.
If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district nearest to CHARTERWEST NATIONAL BANK for each day interest is due, computed on the basis of a three hundred sixty (360) day year.
No third party will have rights or claims against CHARTERWEST NATIONAL BANK and its Service Providers under this Agreement. The terms of this section will survive termination of this Agreement.
F. Indemnification
Business Customer(s) and its Authorized Users will defend, indemnify and hold harmless CharterWest National Bank and its Service Providers against and in respect to any and all loss, liability, expense and damage, including consequential, special and punitive damages, directly or indirectly resulting from: (i) the processing of any request received by CharterWest National Bank through the Service, (ii) any breach of the provisions of this Agreement (iii) any request for stop payment; (iv) any dispute between you and any third party in connection with the use of the Service; and (v) any and all actions, suits, proceeding, claims, demands, judgments, costs and expenses (including attorney’s fees) incident to the foregoing. The terms of this section will survive termination of this Agreement.
Alterations and Amendments
This Agreement, applicable fees and service charges may be altered or amended from time-to-time. In such event, we will provide notice to you. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.
We may deliver amendments to this Agreement and other disclosures to you in an electronic format. Other disclosures may include: deposit account disclosures, notices regarding changes in account terms and fees, privacy notices, and all other notices required by federal or state regulation. The equipment necessary for accessing these types of disclosures electronically is described within this Agreement.
With your acceptance below, you agree to accept this agreement and other related disclosures in an electronic format. YOu also agree and represent that you have the necessary equipment for accessing the Service and for viewing electronic disclosures.
You may change the method of delivery at any time (e.g., from electronic format to paper format) by contacting us at 402-372-5147 or Toll Free 1-800-872-5147
In addition, you can request paper copies of documents through the Service free of charge. Additional fees for paper copies of account statements may be imposed depending on the type of account you have and/or the reason and frequency of your requests for paper copies.
You should print or save a copy of all disclosures delivered electronically.
Address, E-mail, or Payment Account Changes
When you enroll in the Service, we may send you a “Welcome” e-mail. We may also send you e-mails regarding important Internet Banking and Bill Payment matters and/or changes to this Agreement. You must provide us your current e-mail address in order for us to deliver this information to you.
It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers, and e-mail addresses. Changes can be made either within the Service or by contacting us at 402-372-5147 or Toll Free 1-800-872-5147.
Any changes to your Eligible Account(s), Payment Account, or Billing Account should also be made in accordance with the procedures outlined above.
We are not responsible for any Bill Payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
Service Termination, Cancellation, or Suspension
In the event you wish to cancel the Service, please contact us at 402-372-5147 or Toll Free 1-800-872-5147. No fees will be assessed for cancellation of the Service.
Any Bill Payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Bill Payments, including automatic payments, will not be processed once the Service is cancelled. You will remain responsible for any fees associated with the Service prior to the effective cancellation date.
We may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Access to our Service may be canceled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If required information (i.e address, e-mail address) is no longer valid for delivery methods. If your account(s) is closed or restricted for any reason, or if there has not been any Internet Banking and/or Mobile Banking activity for more than 6 months or Bill Payment activity for more than 3 consecutive months, accessibility may be terminated.
After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of the Service, you must call us.
Exclusions of Warranties and Limitation of Damages
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Notwithstanding our efforts to ensure that the Service is secure, we cannot and do not warrant that all data transfers via the Service will be free from monitoring or access by others.
You are solely responsible for the maintenance, installations, and operation of your computer AND DEVICES. Neither CHARTERWEST NATIONAL BANK nor its service providers shall be responsible for any delays, errors, deletions, or failures that occur as a result of any malfunction of your computer, DEVICE, or software.
THE FOREGOING SHALL CONSTITUTE CHARTERWEST NATIONAL BANK AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL CHARTERWEST NATIONAL BANK or its service providers BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS or attorneys fees (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE.
Assignment
You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
No Waiver
CharterWest National Bank and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
Disputes
In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what the employees of CharterWest National Bank and/or its Service Providers say and the terms of this Agreement, the terms of this Agreement will prevail.
Waiver of Trial by Jury
The parties hereby knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation brought based upon this Agreement, or arising out of, under, or in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the parties. This provision is a material inducement for the parties entering this Agreement.
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by CharterWest National Bank and/or is Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
Governing Law and Relation to Other Agreements
Accounts and services provided by CharterWest National Bank may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately.
This Agreement shall be governed by and construed in accordance with federal laws and the laws of the State of Nebraska, without regard to its conflicts of law’s provisions; provided, however, that any dispute solely between you and our Bill Payment Service Provider shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law’s provisions.