Internet Banking Terms and Conditions Agreement
Internet Banking allows you to transfer funds among certain accounts you have at this bank, review account activity and balances and download account statements into personal financial software.
This Internet Banking - Terms and Conditions Agreement, as well as other Terms and Conditions governing your other accounts at this bank, governs use of this product. Please read these rules carefully and retain them for your records. We have the right to change these Terms and Conditions at any time, as permitted by law, by notice mailed or emailed to you at the last known address we have on file.
By signing an enrollment form to subscribe to certain personal computer banking and related services offered by Minster Bank, you agree to the terms and conditions of this Agreement.
Each reference in this Agreement to the "Bank", "Minster Bank", "we", "us", or "our" refers to Minster Bank, and each reference to "you" and "your" refers to each depositor, borrower, authorized signer, or authorized user for an account who is now or hereafter enrolled in any one or more of Minster Bank Internet Banking services with respect to the account. Each time you use Minster Bank Internet Banking service constitutes confirmation by you of your agreement to and understanding of the terms of this Agreement and any screens that appear on your computer when you sign on Minster Bank's Web Site. This agreement will be effective as of the date of our acceptance of this Agreement as evidenced by our issuance of a PIN to you.
Minster Bank Internet Banking transmits data using SSL (Secure Socket Layer) technology that supports 128-bit key encryption. It is important to verify that a secure connection between your browser and the Internet Banking server has been established before transmitting any confidential account information over the Internet. An indicator on your web browser can verify this. Netscape Navigator has a key symbol that appears in the lower left corner of the screen. When the symbol appears "solid" transmitted data is being encrypted. When this symbol appears "broken", a secure session has not been established. Similarly, Microsoft Internet Explorer has a lock symbol that appears when data is being encrypted. When this symbol does not appear, a session is not secure.
Minster Bank's web server does not connect directly to the Internet. It is buffered from the Internet through the use of a firewall. All access from outside the bank must go through this firewall, which screens the requests and allows only valid http traffic to reach the server. Minster Bank's Internet Banking makes use of an ICSA certified firewall.
Hardware and Software Requirements
To be able to use Minster Bank's web site, you must provide your own personal computer (a "PC") with a modem and related equipment (the "Hardware"). You also must provide the type of telephone service and Internet access service required by the Hardware and/or the Software. Once the Hardware has been properly connected to the telephone service, and any required Internet access has been established, you will be able to access Minster Bank Internet services through the PC banking service provider (the "Service Provider") that will act as an interface between you and the Bank. You are and will remain solely responsible for the purchase, hook-up, installation, loading, operation and maintenance of the Hardware, the Software, the telephone service, and the Internet access service (if applicable) to your PC, and for all related costs. You are solely responsible for scanning the Hardware and the Software for computer viruses and other related problems before you use them.
PIN & Confidentiality of PIN
All Minster Bank Internet Banking transactions or inquiries must be initiated by use of your Minster Bank Internet Banking personal identification number (the "PIN"). We will assign you a PIN after we have accepted your Application. The first time you sign on Minster Bank Internet Banking, you will be required to select a new access id (login) and PIN. You may change your PIN from time to time, as provided in the Software. It is recommended that you do not use your social security number, birthdays, names, or other codes that may be easy for others to determine as your PIN. No Bank employee will ever ask for your PIN, nor should you provide it to anyone unless you intend to allow that person access to your accounts. YOU AGREE TO KEEP YOUR PIN CONFIDENTIAL. USE OF THE PIN BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH MINSTER BANK INTERNET BANKING. You agree that any Minster Bank Internet transaction or request initiated by use of the PIN will be subject to and governed by this Agreement. If you authorize another person to use your PIN, that person can use Minster Bank Internet to view any information or initiate any transaction on any of the accounts to the same extent as you, including viewing information or initiating transactions on accounts to which that person does not otherwise have access. As such, your sharing of your PIN is strongly discouraged by the Bank, and done at your sole risk and peril. If a third party should gain access to your PIN, you alone are responsible for changing the PIN so as to deny the third party's access to your banking information. Given the electronic nature of these transactions, the Bank shall have no liability to you in the event a third party should gain access to your PIN through no fault of the Bank. You should always exit Minster Bank Internet site after you finish viewing your accounts. Never leave your computer unattended while accessing Minster Bank Internet. If you should, a third party may be able to access your accounts from your terminal, without ever needing to use your PIN.
Business days for the Bank and for Minster Bank Internet are Monday through Friday, excluding holidays. You may access the accounts through Minster Bank Internet 24 hours a day, seven days a week, except that Minster Bank may perform regular maintenance on our systems or equipment, which may result in errors or interrupted service. We may also find it necessary to occasionally change the scope of our services. Minster Bank cannot guarantee that we will be able to provide notice of such interruptions and changes, although we will attempt to provide such notice. The information you access concerning your accounts through our Internet services may not reflect transactions that have not been posted. Although our Internet services are generally available 24 hours a day, 7 days a week, we only process transactions and update information on business days, which are Monday through Friday excluding holidays. Thus, any transfer you perform will not be effective until we process the transaction on the next business day. Time of Bank Transfers / Posting / Funds Availability if you initiate a bank transfer of available funds on or before four (5) p.m. Eastern Time on a business day, the bank transfer will be posted to the Deposit Account on the same business day. If you initiate a bank transfer other than before four (5) p.m. Eastern Time on a business day, the bank transfer will be posted on the next business day. Transferred funds will be available for withdrawal on the business day following the business day the bank transfer is posted to the Deposit Account. Please refer to the following schedule for posting and funds availability information (intervening holidays will alter this schedule):
|If bank transfer is initiated before 5 p.m. Eastern Time:||Funds will be posted on:||Funds will be available on:|
Except as expressly otherwise provided in this Section, transferred funds will be available for transfer and withdrawal as provided in our Schedule of Funds Availability (the "Schedule of Funds Availability").
You may use Minster Bank Internet to perform any of the following services designated by you in the Application or subsequently added by you as provided below:
- To transfer funds between any Deposit Accounts, such as checking, savings or money market deposit accounts
- To advance funds from a line of credit to a deposit account, such as checking, savings or money market deposit accounts to make loan payments
- To view account balance and transaction history for Minster Bank accounts
- To download balance and transaction information for Minster Bank accounts
- To place a stop payment on a check for Minster Bank checking and home equity line of credit accounts
You agree to use Minster Bank Internet Banking solely for the services described in this Agreement in connection with each deposit account (collectively, the "Deposit Accounts") and each loan account (collectively, the "Credit Account") held by the Bank. Under this Agreement, there may be multiple accounts. You may add any account for which you, or all of you if more than one, are depositor, borrower, authorized signer, or authorized user by notifying the Bank. If you close or delete the only account designated for Minster Bank Internet Banking, you will no longer be able to use Minster Bank Internet Banking service.
If you have enrolled in the I-Pay bill payment service, a separate agreement with "I-Pay" dictates the terms and conditions required to use the bill payment system. You may use Minster Bank Internet Banking to initiate payments from a Deposit Account that is a checking account (a "Payment Account") to pay obligations owed to certain third parties in the United States. These types of transactions are referred to as "bill payments".
You expressly authorize us to debit the appropriate Deposit Account in the amount of any bank transfer initiated through Minster Bank Internet Banking by you or by any other person who is authorized to use your PIN. You agree that we may treat any such bank transfer from a Deposit Account the same as a duly executed written withdrawal, transfer, or check and that we may treat any such bank transfer to a Deposit Account the same as a deposit, all in accordance with the terms of this Agreement and your deposit agreement(s) with us. Limitations. Your ability to initiate bank transfers between Deposit Accounts may be limited by federal law or by the terms of your deposit agreement with us.
Bank transfers from Deposit Accounts that are savings or money market deposit accounts are limited as required by federal regulation. You agree that we may, without notice or other obligation to you, refuse to make any bank transfer for security reasons or as otherwise expressly provided in this Agreement or your deposit agreement with us.
Stop Payment Services
Stop payment fees are provided in the Truth In Savings Disclosures provided to all customers at the time the deposit account is opened. Customer acknowledges that the Stop Payment feature of the Services is an alternate entry system for issuing Stop Payment Orders. When utilizing this feature, Customer warrants that the information describing the check or draft, including the check or scheduled transfer date, its exact amount, and the check number is correct. Customer acknowledges that the exact amount of the check or draft is required, and if the incorrect amount or any other incorrect information is provided, the Bank will not be responsible for failing to stop payment on the item. Customer agrees that the Stop Order must be received by the Bank within a reasonable time for the Bank to act on the order prior to final payment of the check, or if an ACH/EFT transfer, at least three (3) business days preceding the scheduled date of the pre-authorized ACH/EFT. A Stop Payment Order received by the Bank using this service will be effective for six (6) months. The stop payment will expire at that time unless specifically renewed prior to expiration. Customer also acknowledges that the Stop Payment feature of the Services is an alternate system for canceling Stop Payment Orders. A Stop Payment that is cancelled using this service will be accepted as if it were cancelled in written form.
Errors and Adjustments We agree to correct any error made in crediting or debiting any account by making the appropriate adjustment to your account balance. You agree to repay promptly any amount credited to your account in error, and you authorize us to initiate a debit transfer to any account to obtain payment of any erroneous credit. Notify us IMMEDIATELY if your user ID and password has been lost or stolen.
Notification via the telephone is most effective way of keeping your possible losses down. However, as a follow up to the telephone notification you may be asked to submit notification to us in a signed written format. By failing to notify us immediately you bear the risk of losing all the money in your account.
In Case of Errors or Questions About Your Electronic Transfers
Telephone us at (419) 628-2351, or write us at Minster Bank, 95 W. Fourth St., Minster, OH 45865 as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
In your signed and dated letter, give us the following:
- Tell us your name and account number
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information
- Tell us the dollar amount of the suspected error
- If you tell us orally, we may require that you send us your complaint or question in writing immediately.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question.
If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
Settlement of Obligations
To the fullest extent permitted by applicable law, you authorize us to obtain payment of your obligations to us under this Agreement from time to time by (a) initiating debit or credit transfers to any of the accounts or (b) deducting the payment from the amount of any bank transfer or bill payment. Such obligations include, without limitation; fees owed to us and settlement for bank transfers or bill payments initiated through Minster Bank Internet Banking. At the time any account is closed (whether by you, by us, or otherwise) or any Minster Bank Internet service is terminated (whether by you, by us, or otherwise), you agree that all such obligations will be immediately due and payable to us, and you authorize us to withhold the amount of any such obligations from any account. Debiting an account or deducting payment from the amount of any bank transfer or bill payment is not the Bank's exclusive remedy under this or any other section of this Agreement, and the Bank will not be deemed to have made an election of remedies by making any such debit or deduction on any one or more occasions.
Bank's Liability for Failure to Make or Stop Certain Electronic Fund Transfers
If we do not complete an electronic fund transfer to or from a Deposit Account in a reasonable amount of time or in the correct amount according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances:
- If, through no fault of ours, you do not have enough money in the Deposit Account (or any linked account) to make the electronic fund transfer
- If the electronic fund transfer would go over the credit limit on any check overdraft protection line of credit account linked to the Deposit Account
- If you have not completely and properly followed the terms of this Agreement or instructions provided by the Software regarding how to make an electronic fund transfer
- If any data or instruction transmitted via Minster Bank Internet Banking are inaccurate or incomplete
- If you do not initiate an electronic fund transfer according to the time limits set forth in this Agreement and the Internet Payee list, or if the payment amount requested is less than the full amount due
- If the Hardware, the Software, the Service Provider, or any part of Minster Bank Internet system, was not working properly and you knew about the breakdown when you started your electronic fund transfer
- If circumstances beyond our control, such as an act of God, failure, delay, or error on the part of any third-party service provider (including, without limitation, the Service Provider, the United States Postal Service or any other delivery service), power outage, difficulty with telephone or cable lines or satellite communications, difficulty with any Hardware, the Software, or the Service Provider, computer virus or related problem, or cessation of the operation of the Service Provider or the arrangement between the Bank and the Service Provider, prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken
- If your funds are being held or frozen or are subject to legal proceedings
- If the funds in the Deposit Account are unavailable (funds are only conditionally credited until they become available for withdrawal)
- If your PIN has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized
Electronic Mail Service
You may use Minster Bank Internet Banking site to send electronic mail ("e-mail") to us. The e-mail service may not be used to make bank transfers between accounts or to make bill payments from an account. E-mail transmitted by you to us via Minster Bank Internet often will not be delivered to us immediately. If you need to contact us immediately to stop payment, to report an unauthorized use of your PIN, to report unauthorized access to an account, or for any other reason, you should call us at (419) 628-2351. We will not be responsible for acting on or responding to any e-mail request made through Minster Bank Internet Banking until we actually receive your e-mail message and have a reasonable opportunity to act. Minster Bank strongly discourages you from providing account number or other non-public personal financial information within your electronic mail messages.
We may, from time to time, make additional services available through Minster Bank Internet Banking. We will notify you of the availability and terms of these new services. By using these additional services when they become available, you agree to be bound by this Agreement and any additional instructions, procedures and terms provided to you with respect to each of these new services, fees and charges. In consideration of our making the Minster Bank Internet Banking services available to you, you agree to pay, and you authorize us to automatically debit to the billing account you designated on the Enrollment form.
The following non-refundable charges are assessed to the billing account for the preceding calendar month: Access to Minster Bank web site is furnished at no charge to the customer. Minster Bank has not instituted a charge for viewing your accounts, or completing transfers to and from your Minster Bank accounts. You will be solely responsible for all tariffs, duties, or taxes imposed by any government or governmental agency in connection with any transfer made pursuant to this Agreement and for all telephone charges, Internet access service charges, tools tariffs, and other costs for Internet sessions initiated by you. There may be other costs and charges associated with your accounts. Please refer to our service schedule for details.
Limitation of Liability
You agree that Minster Bank, any of our officers, directors, employees, agents, any of our third party service providers engaged by Minster Bank to perform any of the services connected with Internet Banking will not be responsible for any damages, losses, property damage or bodily injury, incurred as a result of your using or attempting to use Minster Bank Internet Banking, whether caused by the equipment, software, Internet browser providers, Internet access providers or online service providers or an agent or subcontractors of any of the foregoing. Nor will Minster Bank or any third party service providers engaged by Minster Bank be responsible for any direct, indirect, special or consequential, economic or other damages arising in any as a result of the use of Minster Bank, Internet browser, access software, or for errors in information provided through the service, or arising from the use, misuse or inability to use Services, or for any loss of any data, even if we have been informed of the possibility of such damages. We make no warranty to you regarding your equipment or any software including any warranty of merchantability or fitness of the Minster Bank for any particular purpose. Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage where direct, indirect, special or consequential, caused by the Service or the use thereof or arising in any or out of the installation, use or maintenance of Internet Banking, even if we have been advised of possibility of such damages or losses. We are not responsible for any loss, damage resulting from an interruption in your electrical power or telephone, the disconnecting or your telephone line, for deficiencies in your line quality, the failure or unavailability of Internet access, problems with Internet Service Providers, or any defect of malfunction of your PC, modem, or telephone line. We are not responsible for any services relating to your PC other than those specified in this Agreement.
MINSTER BANK MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SERVICE, THE FINANCIAL SOFTWARE, EQUIPMENT, BROWSER, OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
Disclosure of Deposit Account Information to Third Parties
You agree that we may from time to time disclose to third parties information about your Deposit Account or the transactions that you make through Minster Bank Internet Banking. We will disclose information to third parties about your Deposit Account or the transfers you make: Where it is necessary for completing bank transfers or providing any other service in connection with Minster Bank Internet Banking; or in order to verify the existence and condition of your Deposit Account for a third party, such as a credit bureau or merchant; or in order to comply with government agency or court orders; or if you give us written permission.
Other Agreements / Severability / Governing Law
The terms and conditions of this Agreement are cumulative with and in addition to any terms of the signature cards or account agreements for your Deposit Account(s), the applicable account disclosures, the Service Schedule, the Schedule of Funds Availability, the Bank's Electronic Fund Transfer Agreement and Disclosure Statement, the agreements governing the Credit Accounts, and the Application, all as may be amended from time to time.
No consumer protection provision of the federal Electronic Fund Transfer Act or Federal Reserve Board Regulation E is intended to be waived by you under this Agreement. The parties agree to be bound by the operating rules and guidelines of the National Automated Clearing House Association and the applicable local automated clearing house association as in effect from time to time with respect to all automated clearing house transfers made hereunder. This Agreement will be governed by the substantive laws of the United States, applicable federal regulations, and to the extent not inconsistent therewith, the laws of the state where our offices holding the account(s) is located, without regard to such state's rules regarding conflict of laws.
We may amend this Agreement from time to time. Each amendment will be effected by our mailing or otherwise delivering the amendment, revised agreement and/or notice thereof to you in accordance with applicable federal and state laws. If no federal or state law specifically governs the amendment, the amendment shall be effected by mailing or otherwise delivering it to you or posting it in our full-service branch offices at least 10 calendar days prior to the effective date of the amendment. Notwithstanding the foregoing and to the extent permitted by applicable law, we may change any term of this Agreement without prior notice or obligation to you: (a) if the Software or the Service Provider changes any term without providing us sufficient notice to enable us to properly notify you; (b) for security reasons; (c) to comply with applicable law; or (d) as otherwise expressly provided in this Agreement.
You agree that we may cancel or restrict your use of Minster Bank Internet Banking or any Minster Bank Internet service at any time upon such notice (including e-mail) as is reasonable under the circumstances. You may cancel Minster Bank Internet Banking service by written request to the Bank at any time. You may cancel the bill payment portion by contacting Minster Bank.. If you cancel the bill payment service, all pending and/or recurring bill payments will be automatically canceled.