CharterWest

Electronic Financial Services Agreement


Effective Date:  February 3, 2020
CharterWest 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 ENTIRE AGREEMENT CAREFULLY BEFORE ENROLLING IN THE SERVICE OR INITIATING ANY TRANSACTIONS.


Scope of this Agreement

This Agreement between you and CharterWest Bank, 201 S Main Street, PO Box 288, West Point, NE  68788-0288 governs your use of our Electronic Financial 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 computer, mobile device, and the Internet.   This agreement supplements CharterWest Bank’s Deposit Account Agreement and Disclosures, Mobile Banking Agreement and any other agreement between you and CharterWest Bank.

Accepting the Agreement

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 or device, 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 DONE button.


Definitions

Agreement - means these terms and conditions of the Online Banking, Mobile Banking, eStatement, E-Alerts, 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 7:00 PM on the same Business Day.  Transactions completed after 7:00 PM will be processed on the following Business Day.  Mobile Deposit and Bill Payment cut-off and scheduling times differ and are further detailed in the respective terms and conditions.

Consumer Refers to a natural person who owns an Eligible Account at CharterWest 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.

Item – is an original; check, cashier’s check, official check, US Treasury check, or any other payment instrument, drawn on a financial institution within the US and payable in US currency that is payable to you.  Items are deemed to be “items” under the UCC and “checks” under Regulation CC.

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 Username and Password are authorized unless we have been notified to cancel the Service.  If joint account holders use individual Usernames, 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 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.

Mobile Device – Refers to an electronic device that meets the minimum hardware and software requirements such as cell phone, tablet, or smartphone that has a camera, sufficient storage, and the ability to access the internet and download applications.

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 Online Banking, Bill Payment, eStatements, E-Alerts, CardValet, Mobile Deposit, and Mobile Banking offered by CharterWest Bank through its Service Providers.

Service Provider - includes any agent, licensor, independent contractor or subcontractor that CharterWest Bank may involve in the provision of electronic financial services.

Transaction – all debits or credits on an account, including withdrawals, deposits, and transfers.

we, us, or our – As used within this Agreement, refer to CharterWest Bank and any agent, independent contractor, service provider, sub-contractor, licensor, designee, or assignee that CharterWest Bank may involve in the provision of the Service.

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. 

Basic CharterNet Online Banking Services

The basic features currently available through the Service include:

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 (Popmoney) from one location.  This service is ONLY available for checking accounts and can be enrolled in at any time via CharterNet Online Banking.  You must agree to CheckFree’s Terms and Conditions.

CharterGreen Paperless Banking (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.  A notification via e-mail will be sent detailing the retrieval procedures for your account statement(s).  Enrollment can be completed at any time from CharterNet Online 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 (https://get.adobe.com/reader/) is required to view the statements online.

If you are no longer receiving e-mail notifications, your e-mail address has changed, or in the event you wish to cancel eStatements, please contact us at 402-372-5147 or Toll Free 1-800-872-5147 or in writing to Charter West Bank, 201 S Main Street, PO Box 288, West Point, NE 68788.  You may also update your e-mail address via the Profile menu of your CharterNet Online Banking.

CharterGo Mobile Banking

Mobile Banking is a personal financial information management service that allows you to:

Enrollment in Mobile Banking requires a mobile phone number.  You must accept the Terms and Conditions for Mobile Banking.  You can choose the type of mobile access (SMS Text Messages/Alerts, Mobile Browser, and/or Downloadable Application) you wish to receive. 

(a) To use the SMS Text Message or Mobile Browser service you must enroll via CharterNet Online Banking.  An authentication code is sent to your mobile phone number via text message to complete the enrollment process for text messaging.  Instructional text messages are sent with information on the access methods chosen.  (b) The downloadable application is available directly through the application stores (Apple or Android) with the use of a unique App Code (GoMobile0716) for CharterWest Bank, a Username, a challenge question, and a password previously established via Online Banking or you may enroll with on-device enrollment.  Access will require a password for every visit to the application (may enable fingerprint or facial login if available) 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 or by choosing to do so via Options in CharterNet Online Banking.  For more information please see the Mobile Banking Obligations section of this agreement and the Mobile Banking Terms and Conditions on our website.

CardValet

CardValet is a mobile application that lets you control your enrolled debit card(s) usage and spending and stay informed of potential fraud:

Fees

Basic CharterNet Online Banking Service – FREE

E-Alerts (account activity alerts) – FREE

CharterGreen Paperless Banking (eStatements) – FREE

CharterGo Mobile Banking – FREE (Standard text message rates and data usage rates apply)

Mobile Deposit – FREE

CardValet – FREE

CheckFree Bill Payment Fees:

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 accounts with less than 1 payment per month will be assessed a flat fee of $5.95 per month.  Accounts with 1 or more payments per month will have no fee.  Fees are assessed on each access that has enabled the Bill Payment service.

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:

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

Enrollment Process

You may complete theEnroll Now process via www.charterwest.com or from the Mobile Banking application to begin using the Service.  The enrollment process involves completing the enrollment information screen including entry and confirmation of your email address, an account number, type of account, and Social Security Number (or other Tax Identification Number).  You will also choose your Username and Password during the enrollment process and select and answer three Challenge Questions for Multi-Factor Authentication.  You may also choose to register the device as private or public.  Enrollment from the Mobile Banking application also requires an App Code (GoMobile0716).

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.

Signature Requirements

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.

Account Balances

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 or recurring 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 recurring 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, thereforeCharterWest Bank currently limits the Bill Payment Service to only Checking Accounts. 

CardValet Availability and Limitations

CardValet is currently available for Apple iOS and Android based devices, generally supporting the current and past 2 versions of the operating systems for these devices.  CardValet is not specifically designed for use on any tablet devices, the application may be downloaded but will be rendered as a phone application versus a native tablet application and may not display the proper screen formatting.

You may receive alerts and set controls for both signature and PIN based card transactions.  When transaction controls are set, transactions that meet a control will be denied.  These controls apply to card present transactions, location controls do not apply to card not present transactions.  Turning off a card will result in no purchases or withdrawals being approved, except recurring payments previously established.  CardValet is available 24/7 and settings take effect immediately and alerts are generated immediately (near real-time) when the transactions are processed.

You may choose to download the stand-alone CardValet application from your mobile device’s store or access it via CharterGo Mobile Banking.  CardValet is currently only available is English.  Card alerts via CharterGo Mobile Banking require activation via your CharterNet Online Banking Profile.

Mobile Banking Availability

Mobile Banking is currently available to customers with Eligible Accounts.  Eligibility for this service may be revoked at any time at the discretion of the Bank.  You may also request to have this service disabled by contacting the Bank.

Refer to the Terms and Conditions for Mobile Banking for detailed requirements, procedures, and limitations of Mobile Banking.

Mobile Deposit Availability, Requirements, and Limitations

Mobile Deposit is currently available via the Mobile Banking application for Apple iOS and Android based mobile devices, generally supporting the current and past 2 versions of the operating systems for these devices.  Mobile Deposit will be made available to all enrolled Online Banking users.  Limits do apply and may be changed by the Bank without notice.  Eligibility for this service may be revoked at any time at the discretion of the Bank.  You may also request to have this service disabled by contacting the Bank.

Refer to the Terms and Conditions for Mobile Banking for detailed requirements, procedures, and limitations of mobile deposits.

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 (https://www.charterwest.com/policy-disclosures/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:

Please refer to our Privacy Policy (https://www.charterwest.com/policy-disclosures/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, the Service will verify your identity and authorization against information associated with an Eligible Account (s).  Use of the Services will therefore require a Social Security Number (or other Tax Identification Number) during the Enroll Now process to authorize your enrollment. 

Usernames and Password - One of the main security features protecting the Service is the unique combination of your Username and Password.  During the enrollment process, you will be asked to select a unique Username, and then choose a Password that will be used to gain access to the Service.  Neither CharterWest Bank nor its Service Providers have access to this information.  The Service will automatically lock your account after three unsuccessful login attempts.   You may utilize the forgot password feature to unlock your account or contact us for assistance if your account remains locked out. Mobile application (touchbanking or CardValet) users with supported mobile Devices (Android or Apple) can sign in to the application using fingerprint login or facial ID.  This setting is enabled or disabled by the user via the application.  For security reasons, the application may require users to fully authenticate with their password when performing transactions that move funds, such as transferring money, paying bills, paying other people, or to access card controls.  This step-up authentication maintains current security standards.  The password will only be requested once in a single user session.

Because your Password is used to access your accounts, you should treat it as you would any other sensitive personal data.

For additional information and resources on how to protect your sensitive person data visit our Customer Awareness Center (https://www.charterwest.com/customer-awareness/).

We may accept as authentic any instructions given to us through the use of your password or tax identification number.

Account numbers may be masked as a part of The Service to protect your sensitive data.  Sessions may be ended and/or users logged out after established inactivity limits.

Multi-Factor Authentication (MFA) is an additional layer of security that is a standard part of your login routine.  The MFA is made up of complex device identification or fingerprinting and three challenge questions no one else knows.  The Service attempts to identify your device based on several data elements each time you access your account, if additional authentication is needed the Service will ask you for the answer to a challenge question.  You may register your device (when using a web browser) as private and a cookie will then be stored to assist in authentication. When accessing your login from a public location you may choose to register the device as public so that a challenge question is asked for each login session.

Neither CHARTERWEST BANK nor its Service Providers will contact you via telephone or email requesting personal information, your USERNAME, or your PassWORD.  If you are contacted by anyone requesting this information, please contact us immediately. 

Encryption –Secure Socket Layer (SSL) encryption technology is used for everything you do while using the Service.  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 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 it’s valid. 

Cookies - During your use of the Service, our Service Provider may pass an encrypted cookie to your device in order to additionally identify your device during the session.  Cookies enable the Service to process multiple transactions during a session without having to provide authentication for each individual transaction.  The cookie does not contain any personal information; it simply provides another level of security.  The cookie is stored on your device’s hard-drive, identifying your device while you are logged on.  When you log off, close your browser, or turn off your device, the cookie will be destroyed.  A new cookie may be used for each session; thus, no one can use the prior cookie to access your account(s).

CardValet – Application features exist to preserve cardholder security including: (1) Controls and alerts through the application  may only be accessed through the cardholders device; (2) No history of cardholder location is maintained, device locations are only used for the purpose of correlating with the merchant location when transactions are performed; (3) Card and account numbers are not forwarded within any alert, displaying only masked number with the last 4 digits displayed; and (4) Users will be automatically logged out after 10 minutes of inactivity.

Mobile Devices – Data collected and transmitted via your mobile device for the Service shall be encrypted for security.  No personal data or images will be stored directly on the mobile device.

Additional Security Guidelines:

Your Responsibilities

When you accept the terms and conditions of this Agreement, you agree not to give or make available your login credentials, challenge questions, or other means to access your account to any unauthorized individuals.  You are responsible for all transfers, mobile deposits, and Bill Payments you authorize using the Service.  If you permit other persons to use the Service, your login credentials/challenge questions, or other means to access your account, you are responsible for any transactions they authorize. You are also responsible for the security and availability of items deposited via Mobile Deposit as set forth in the Terms and Conditions for Mobile Banking.

You are responsible for the security, maintaining, and servicing of your mobile device or any other equipment used to access the Service.  Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the Service.  You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems. 

If you believe that your login credentials, challenge questions, 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 login credentials and/or challenge questions to anyone, and/or if you allow someone to use your login credentials and/or challenge questions 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

Refer to the Terms and Conditions for Mobile Banking for detailed restrictions, procedures, and limitations of the Service. Mobile Banking includes related services accessed via Mobile Banking (i.e. Bill Pay, PopMoney, CardValet, eAlerts, and Mobile Deposit).

Our Liability for Failure to Complete Transactions

We will use commercially reasonable efforts to make all your transfers, mobile deposits, 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 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. You have not followed proper procedure for mobile deposit acceptance according to the Terms and Conditions for Mobile Banking.
  5. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
  6. If your device, 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;
  7. 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;
  8. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
  9. 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 or is fraudulent; and/or
  10. Circumstances beyond control of the Service, our Service Providers, and CharterWest 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 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, Transfers, or Mobile Deposits

Information regarding Online 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

    1. 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 Username;
      • 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.

    2. Consumer Liability for Unauthorized Transactions

      Tell us AT ONCE if you believe your Username 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 transactions 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 or paid 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

    1. 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 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 payment through the Service.  Business customers have the same privileges as retail users.

      Business customer authorizes CharterWest 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 Username and Password and/or the Username 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 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 Bank and its service providers for any liability and damages resulting from our acting upon any direction, instruction, or information that is initiated with a Username 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 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 device(s) used to access the service as well as the protection against unauthorized access to business devices, 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 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 devices 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.

      For additional information and resources on how to protect your sensitive person data visit our Customer Awareness Center (https://www.charterwest.com/customer-awareness/).

    2. 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 Username and Password and the same for your authorized users.  You agree to notify CharterWest 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 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.

    3. 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

    4. 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 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 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.

    5. Limitation of Institution Liability

      CharterWest 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 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 Bank and third parties, or any other condition outside of our control. 
      If CharterWest 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 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 Bank and its Service Providers under this Agreement.  The terms of this section will survive termination of this Agreement.

    6. Indemnification

      Business Customer(s) and its Authorized Users will defend, indemnify and hold harmless CharterWest 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 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.

Electronic Disclosures

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 or letter.  We may also send you notices regarding important Electronic Financial Services matters and/or changes to this Agreement.  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 processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

You may choose to communicate with us using e-mail.  However, be advised that e-mail transmissions are not secure. We strongly discourage you from sending confidential account information via e-mail.  We are not responsible for any error or problems of any kind involving your e-mail.  At no time will a bank employee ask for confidential information over e-mail.  We provide a link to send us secure e-mail via the Contact Us menu in Online Banking.

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 Online 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 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. We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any virus or related problems that may be associated with using the Service, e-mail or the Internet. You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

The foregoing shall constitute CharterWest Bank and its service provider’s entire liability and your exclusive remedy.  In no event shall CharterWest Bank or its service providers be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits or attorney’s 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 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 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.

Ownership of Material

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 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 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.