This Online Services Agreement and Disclosure (the "Agreement") is entered into between Community Bank of Missouri (the "Bank") and the undersigned customer of the Bank, who hereby subscribes to Community Bank of Missouri’s Online Banking and, if requested and approved, Bill Payment Services ("online services"). This Agreement contains the terms and conditions governing the online services. The customer is referred to in this Agreement as "you" or "“your". The Bank is referred to in this Agreement as "Bank", "we", "us", and/or "our". If you use the online service or permit another to use the online service on your behalf, you agree to the terms and conditions stated in this Agreement.
- SCOPE OF AGREEMENT
1.1 Other Accounts, Loan Agreements and Services.
This Agreement governs online access to your accounts with the Bank. The terms and conditions set forth herein are in addition to, and do not cancel or supersede, any other agreements or signature cards governing your deposits, loans or other business relationships with the bank. All of the terms, conditions, agreements, representations, schedules, disclosures, and fees set forth in or associated with such other agreements and signature cards remain in full force and effect. However, the persons you authorize to have access to and make transfers or payments from your account(s) through the online service may not be the same persons who are authorized to sign on the account under your other agreements and signature cards with us, or you may give them greater authority to conduct activities through the online service than they have under your other agreements and signature cards with us. In cases where your authorizations to other persons do not coincide with your authorizations for the same account(s) under the signature card agreement(s), the signature card agreement(s) will govern the online service transactions.
1.2 Instructions and Fee Schedules
Any instructions we may issue for the use of Online Banking and Bill Pay (collectively, "Instructions") and any fee schedule we may issue are a part of this Agreement and are incorporated herein by reference.
The current online services fee schedule is attached to this Agreement as Schedule A. The fees and service charges provided for in your deposit, line of credit, loan, and other agreements with us, as described in your account Agreement(s) and the Bank’s Common Features disclosure, may apply to services ordered online.
Subject to any applicable notice requirements imposed by the Electronic Fund Transfer Act ("EFTA") and Regulation E ("Reg. E"), the Bank may change or add any fees, modify the instructions for the online service, or otherwise amend this Agreement in whole or in part at any time.
1.3 Termination
You may terminate this Agreement at any time upon giving written notice of the termination to the Bank. Termination will not affect any liability or obligation of either party incurred hereunder prior to termination. For reasonable cause, including inactivity or excessive, inappropriate or unlawful usage, the Bank reserves the right to terminate this Agreement and your access to the online service, in whole or in part, at any time without prior notice to you. Upon termination, we reserve the right to make no further transfers or payments from your account(s) pursuant to this Agreement, including payments or transfers you have previously authorized. If you terminate your online services, you authorize the Bank to continue making transfers you have previously authorized until such time as the Bank has had a reasonable opportunity to act upon your termination notice. You agree that upon termination of your online services, either by you or by us, you will cancel all automatic or recurring transfers you have previously authorized, and that if you fail to do so, you are responsible for such payments.
- DESCRIPTION OF AND LIMITATIONS ON THE ONLINE SERVICE
2.1 General Description of Online Services.
In general, the Online Banking service package enables you to:
- search transaction histories and obtain balance information on accounts with the Bank which may include checking, NOW, savings, money market savings, certificates of deposit, loans and lines of credit.
- transfer funds between your transaction accounts at the Bank.
- make payments on your loan accounts at the Bank.
- communicate with bank staff through a secure message facility
- establish reminders and account alerts
The Bill Pay service enables you to:
- electronically request one-time or recurring payments to be made from your primary checking account to nearly any person, organization or company in or doing business in the United States
- view pending payments and payment history
This list is not exhaustive and the Bank may offer additional or different online services in the future, all of which will be governed by this Agreement, as amended.
The Online Banking and Bill Pay services are often collectively referred to in this agreement as "online services".
The Online Banking and Bill Pay services are available by request to eligible customers with prior Bank approval. To be granted use of online services, a customer must be in good standing for a reasonable period of time. Online Banking and Bill Pay are separate services that must be requested separately by online enrollment. Despite being separate, you must have access to the Online Banking service before you can access Bill Pay. Bill Pay also requires a valid checking account from which payments are drawn.
2.2 Types of Transfers and Limitations.
You can make an internal transfer of funds from one account with the Bank to another, such as a transfer from a savings account to a checking account. Transfers may be limited in amount as provided in our agreements with you governing these services or in accordance with bank policies. In addition, your ability to transfer funds between certain accounts is limited by federal law, as stated in your deposit agreements with us. Transfers made using both the online service and other transfer methods described in the Deposit Agreements are counted against the permissible number of transfers. The Bank reserves the right to further limit the frequency and dollar amount of transactions from your accounts for security or credit reasons, as the Bank may determine at any time at its sole discretion.
2.3 Overdrafts; Order of Payments
It is your responsibility to ensure that you have enough money or credit available in an account from which you instruct us to make transfer or payment. If funds are withdrawn from any of your accounts by means of electronic fund transfers, other than through the online service on the same business day as the online service transaction, and if the account contains insufficient funds to enable both the electronic fund transfer and the online service transfer to be made, the transfers will be made in the order determined by the Bank, at its sole discretion. You are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize to be made. If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree to reimburse us upon our demand, and you further agree that we may reverse the transaction or offset the shortage with funds from any other deposit account(s) you have with us to the extent permitted by the applicable law and the terms of any other relevant agreements.
2.4 Bill Payment Service.
The Bill Payment service, or "Bill Pay" is an optional electronic payment system that permits you to initiate and authorize payments from your checking account(s) to payees, which you have selected in advance, to receive payments by means of this service (a "payee" is a person, organization or business you are paying).
To participate in Bill Pay you must be a customer in good standing and have a checking account (regular or NOW) with Community Bank of Missouri and access to our Online Banking service. The Bill Pay service can be accessed only via Online Banking and is a separate service made available to you after your enrollment online and Bank approval of that enrollment. Participation in Bill Pay is voluntary, requires a separate enrollment, and may incur service charges per Schedule A as amended.
2.5 Computer Requirements
In order to use Online Banking and Bill Pay, you must have an Internet Service Provider and a computer containing supported browser software or have access to such a computer. In this Agreement, your computer and the related equipment and software are referred to together as your "Computer". You are responsible for the installation, maintenance, and operation of your computer and your software.
2.6 Registration Process
In order to obtain access to and use Online Banking, you must complete our initial online enrollment process from a link on the Bank's website (www.communitybankmissouri.com). The online enrollment process involves completing and submitting a secure online form. The Bank will verify your information and send you an email when the enrollment process is complete.
The Bill Pay service must be requested at the time of enrollment or added separately through a link in the Bank’s Online Banking service, but it will not need an additional User ID or Password. For Bill Pay, you will be required to designate one checking account as your primary account. Any service fees as well as payments you instruct us to make to payees will be charged to your primary account.
2.7 User ID and Security
You will be required to change your Password every ninety (90) days. You may change your Password at any time via the Online Banking service. We will clear your User ID and/or assign you a new Password upon your request at any time. Any Password we assign you will be usable only once, and you will be required to change it the first time you use it to enter the system. YOU ARE RESPONSIBLE FOR KEEPING YOUR USER ID, PASSWORD AND ACCOUNT DATA CONFIDENTIAL.
You will need your User ID and Password ("login credentials") to gain access to Online Banking. Use of your login credentials is the agreed security procedure between you and the Bank. You should keep your login credentials confidential in order to prevent unauthorized use of Online Banking and, if applicable, the Bill Pay service. Anyone to whom you give or disclose your login credentials, either deliberately or inadvertently, will have access to your accounts. You are responsible for all transactions against your account(s) made using Online Banking or Bill Pay, including any transactions that may be unintentionally or inadvertently authorized or made, and any losses, charges, or penalties incurred as a result. In addition, except as otherwise provided in this Agreement, you are responsible for transactions by unauthorized persons using your login credentials.
We reserve the right to deactivate any User ID that has been "inactive" for a period of three (3) months or more. If your User ID has been deactivated, you will be required to go through the registration process again to restore access to Online Banking. You may not receive advance notice of User ID deactivation.
2.8 Reporting Unauthorized Transaction or Theft or Loss of User IDs.
If you believe that an unauthorized transaction has been or may be made from your account, alert the Bank immediately by calling us at (816) 776-6669 or (816) 637-6669 or write us at: Community Bank of Missouri, P.O. Box 188, Richmond, Missouri 64085 or 1400 Hospital Drive, Excelsior Springs, Missouri 64024.
2.9 No Signature Required.
When using Online Banking, you agree that the Bank, without prior notice to you, may execute transfers between accounts or payments against loans as instructed by you using the online service, without securing your signature by hand or by legally acceptable form of electronic signature.
If using Bill Pay, you agree that the Bank, without prior notice to you, may debit your primary account to pay checks that you have not signed by hand or by legally acceptable form of electronic signature.
3.0 RESPONSIBILITY OF PARTIES
3.1 Confidentiality and Access to the Online Service.
The Bank shall exercise due care in seeking to preserve the confidentiality of your User ID and to prevent access to the online service in general and your accounts in particular by unauthorized persons. It is understood and agreed that implementation by the Bank of its normal procedures for maintaining the confidentiality of information relating to its customers and preventing unauthorized transactions shall constitute fulfillment of its obligation to exercise due care. The Bank shall not be under any liability or have any responsibility of any kind for any loss incurred or damage suffered by you by reason or in consequence of any unauthorized person gaining access to or otherwise making use of your accounts through the online service if (i) the Bank has fulfilled its obligation of due care, or (ii) the loss or damage could have been avoided had you promptly notified the Bank when you received knowledge or notice of an unauthorized transaction or other breach of security, or (iii) the unauthorized transaction was a transfer of funds to an account owned by you or by any person or entity which controls, is controlled by, or is under common control with you. You assume full responsibility for the consequences of any misuse or unauthorized use of or access to the online service system or disclosure of any of your confidential information or instructions by your employees, agents or other third parties. When the Bank becomes aware of any unauthorized access to your accounts, it will advise you as promptly as practical thereafter. For all purposes above, “promptly” shall generally be defined as within two (2) business days after discovery of the unauthorized access.
3.2 Hardware and Software Malfunctions
The risk of error, failure, incompatibility or nonperformance of your computer system is your risk and includes the risk that you do not operate your computer or your software correctly. The Bank is not responsible for any errors or failures from any malfunction of your computer or your software. The Bank shall have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your computer or your software. THE BANK MAKES NO WARRANTY TO YOU REGARDING YOUR COMPUTER OR YOUR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Bank makes no representations or warranties regarding the accuracy, functionality, or performance of any third-party software that may be used in connection with the online service (e.g., Quicken, Microsoft Money).
The Bank is not responsible for nor shall have any liability for any loss or damage, direct or consequential, from electronic viruses, worms, Trojans, keystroke loggers, spyware or any other “malware” that you may encounter on your computer using your internet access provider or on any computer system with which you choose to access the Bank’s online services. WE STRONGLY ENCOURAGE YOU TO INSTALL, PROPERLY USE, AND KEEP UP-TO-DATE ANTI-VIRUS, ANTI-SPAM, ANTI-SPYWARE AND FIREWALL SOFTWARE AND/OR HARDWARE PRODUCTS FROM RELIABLE, REPUTABLE PROVIDERS TO PROTECT YOUR COMPUTER’S ONLINE SECURITY.
3.3 Limitation of Liability
IN NO EVENT SHALL THE BANK BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND INCLUDING LOST PROFITS WHETHER OR NOT THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
- MISCELLANEOUS
4.1 Periodic Statements
Your online service payments and transfers will be indicated on the normal monthly statements we provide or make accessible by mail or delivery service. You have a right under federal law to receive such statements for accounts governed by the EFTA and Reg. E. We may also provide or make accessible to you statement information electronically or by some other means. You agree to notify us promptly if you change your address or if you believe there are errors or unauthorized transactions in any statement, or statement information.
4.2 Business Days and Hours of Operation
The Bank’s online services are generally available twenty-four (24) hours a day, seven (7) days a week. However, at certain times, some or all of the online service may not be available due to scheduled or unscheduled system maintenance. During these times, you may use the Bank or an ATM to conduct your transactions. A transfer initiated through the online service before processing time, approximately 5:00 p.m. CST on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day. Our Business Days are Monday through Friday. Saturday, Sunday, and federal banking holidays are not included.
4.3 Notices and Communications
Except as otherwise provided in this Agreement, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records. Notices from you will be effective when received by mail at the address specified in Section 2.8 above.
4.4 E-Mail Communications.
In general, e-mail communications sent over the public internet via traditional e-mail systems are not necessarily secure. Therefore, the Bank will not send and we strongly suggest that you do not send any confidential personal or account information via traditional internet e-mail. We will not respond to account information related questions sent via internet e-mail. You agree that we may take a reasonable time to act on any e-mail request that you send.
The Bank’s Online Banking service includes a secure message system by which you and Bank staff can exchange confidential account information safely. These communications transpire inside the secure internet banking system and therefore do not pose the same confidentiality risk as regular e-mail over the public internet. We will respond to these communications within a reasonable time frame, normally within one (1) business day. Correspondence that requires expeditious handling (e.g., reporting an unauthorized transaction from one of your accounts) should be made by calling the bank at (816) 776-6669 or (816) 637-6669 or visiting the Bank in person.
4.5 Assignment
The Bank may assign its rights and delegate its duties under this Agreement to a company affiliated with the Bank or to any other party.
4.6 No Waiver
The Bank shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising its 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.
4.7 Governing Law.
Regardless of where you live or work or where and how you access the Bank’s online services, this Agreement will be governed by, and construed in accordance with, the laws of the State of Missouri and the federal laws of the United States of America.
4.8 Enforcement
In the event the Bank brings legal action to enforce the Agreement or collect overdrawn funds on accounts accessed under the Agreement, the Bank shall be entitled, subject to applicable law, to payment by you of its reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. If there is a lawsuit, you agree that it may be filed and heard in the State of Missouri, if allowed by applicable law.
4.9 Severability
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intent of the Agreement, and the remaining portions shall remain in full force and effect.
- FUNDS TRANSFER SERVICE FOR ACCOUNTS SUBJECT TO THE ELECTRONIC FUNDS TRANSFER ACT
The EFTA and Reg. E may govern some of the accounts to which you have household access through the online service. In general, the EFTA and Reg. E govern accounts established by a natural person primarily for personal, family or household purposes. The following terms and disclosures apply to accounts governed by the EFTA and Reg. E ("EFTA Accounts"), and, with respect to EFTA Accounts, if there is any conflict between these disclosures and terms set forth elsewhere in this Agreement, these disclosures shall control. THE FOLLOWING EFT DISCLOSURES DO NOT APPLY TO ACCOUNTS THAT ARE NOT EFTA ACCOUNTS.
5.1 Customer Liability
You should notify the Bank immediately if you believe any of your accounts have been accessed or your User ID has been used without your permission. Contacting the Bank immediately, especially by telephone, will help you reduce your potential losses.
If someone used your User ID and Password without your permission, you can lose no more than $50.00 if you notify the Bank within two (2) business days of discovering any unauthorized use. However, you can lose as much as $500.00 if you do not notify the Bank within two (2) business days of discovering the unauthorized use and the Bank can prove that it could have prevented the unauthorized use had it been notified.
If you do not report unauthorized transactions that appear on any of your periodic statements within sixty (60) days after such statements are mailed to you, you risk unlimited losses on transactions made after the sixty (60) day period has passed if the Bank can show that it could have prevented the unauthorized use had it been notified within this sixty (60) day period. At the Bank’s sole discretion, we may extend the time periods.
You are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize to be made. If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any other deposit account(s) you have with us to the extent permissible by the applicable law and the terms of any other relevant agreements.
5.2 Bank’s Responsibility.
The Bank is responsible for completing transfers on time according to your properly entered and transmitted instructions. However, the Bank will not be liable for completing transfers if, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, if the account has been closed, frozen, or is not in good standing, or if we reverse payment or transfer because of insufficient funds; if any transfer exceeds the credit limit of any account or under the instructions of this Agreement; if you have not properly followed software or the online service instructions on how to make a transfer or other transaction; if you have not given the Bank complete, correct, and current instructions, account numbers, User IDs, or other identifying information so that the bank can properly credit your account or otherwise complete the transaction; if you receive notice from a merchant or other institution that any payment or transfer you have made remains unpaid or has not been completed, and you fail to notify us promptly of that fact; if withdrawals from any of your linked accounts have been prohibited by a court order such as a garnishment or other legal process; if your computer, your software, or the online service was not working properly and this problem should have been apparent to you when you attempted to authorize a transfer; if you, or anyone you allow, commits fraud or violates any law or regulation; if circumstances beyond the Bank's control prevent making a transfer or payment, despite reasonable precautions that the Bank has taken. Such circumstances include, but are not limited to, telecommunications outages, third party provider malfunctions, postal strikes, delays caused by payees, fires, and floods. There may be other exceptions to the Bank’s liability as stated in the deposit, line of credit, and other Bank agreements.
In addition, the Bank will not be liable for indirect, special, consequential, economic, or other damages arising out of the installation, use or maintenance of the online service and/or its related equipment, software, or online services.
5.3 Disclosure of Account Information to Others
Disclosure of account information is covered in Community Bank of Missouri’s Privacy Policy.
5.4 Error Resolution
If you believe your Login credentials have become known by an unauthorized person, or that an unauthorized transaction has been or may be made from your account, alert the Bank immediately by calling us at (816) 776-6669 or (816) 637-6669 or write us at: Community Bank of Missouri, PO Box 188, Richmond, MO 64085 or 1400 Hospital Drive, Excelsior Springs, MO 64024.
If you think your statement is wrong or if you need more information about a transaction listed on the statement, the Bank must hear from you no later than sixty (60) days after it sends or delivers to you the FIRST statement on which the problem or error appeared. If you requested more information about a problem or error, the Bank must hear from you within sixty (60) days after it sends or delivers that information to you.
Tell us your name and account number(s). Tell us the type, time, and date of the transaction and the dollar amount of the suspected error. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
If you tell the Bank orally, we may require that you send in your complaint or question in writing within ten (10) business days after we hear from you and we will then in good faith attempt to correct any error promptly.
If the Bank needs more time, however, it may take up to forty-five (45) days to investigate your complaint or question, in which case, the Bank will re-credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes the Bank to complete its investigation. If the Bank asks you to put your complaint or question in writing and does not receive it within ten (10) business days, the Bank may not re-credit your account.
If the Bank decides that there was no error, we will send you a written explanation within three (3) business days after it finishes its investigation. You may ask for copies of the documents that the Bank used in its investigation.
Schedule A
Online Service Fee Schedule
Online Banking service: NO FEE
Online Bill Pay service: NO FEE. The following charges will only be assessed if you request one or more of the following services:
Return Items (Per item) $25.00
Proof of Payment (Per Request) $15.00
Stop Payment (Per Request) $25.00
Research Service Request (Per Request) $25.00
There will be NO charge for any item if needed to correct a Bank error.
The Bank reserves the right to adjust fees or pricing schedules at any time with adequate notice to customers.
CONFIRMATION OF AGREEMENT
Please indicate below your agreement to abide by the terms and conditions set forth in Community Bank of Missouri’s Online Banking Services Agreement and Disclosures.
You agree to accept this Agreement and Disclosers in the electronic form presented. If you desire a copy and are unable to print a paper copy of this Agreement and Disclosures, you may request a paper copy by calling Community Bank of Missouri at (816) 776-6669 or (816) 637-6669.