Online Banking Services Terms and Conditions

 
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Terms and Conditions

 

 

 

 

Personal Online Banking

Terms and Conditions



GENERAL AND PERSONAL ONLINE BANKING TERMS AND CONDITIONS

 

1. Definitions.

a.   "Account" shall mean any account (including checking, money market, savings, and loan) maintained at Bank which is enrolled in Online Banking.

b.   "Affiliates" shall mean companies related by common ownership or control.

c.   "Agreement" shall mean this Online Banking Agreement and any addendum thereto, and other related documents provided by Bank. It governs the use of Online Banking Services, PopmoneySM Personal Payments Service, Account-to-Account Transfer Service and Mobile Services.

d.   "Bank" shall mean Bell State Bank & Trust.

e.   "Business Days" shall mean Monday through Friday, excluding Federal holidays. To determine Federal Reserve holidays go to http://www.federalreserve.gov/aboutthefed/k8.htm.

f.    "Cutoff time" shall mean 11:00 p.m. Central Time.

g.   "E-mail", "Email" or"email" shall mean electronic mail.

h.   "Recipient Account" shall mean the account to which your funds will be credited.

i.    "Sender" shall mean the Transaction Account holder initiating a transfer through the Service.

j.    "Service" shall mean any features of Online Banking made available to you through the Agreement.

k.   "Service Provider" shall mean companies that we have engaged to render some or all of the Service to you on our behalf.

l.    "Site" shall mean the Online Banking website through which the Service is offered.

m.  "Transaction Account" shall mean the Account from which your funds will be debited, your A2A Service fees will be automatically debited, or to which funds will be returned.

n.   "Transfer Instruction" shall mean the information provided by you to the Service for a transfer of funds to a Recipient Account.

o.   "Online Banking" shall mean our Personal Online Banking and Bill Pay services that you access over the Internet by use of a personal computer and modem and/or other means we authorize or allow.

p.   "Online Banking ID", "Online Banking Username", "Username", or "username" shall mean your username that is used to authenticate your identity in Personal Online Banking.

q.   "You," "you", "your," and "yours" shall mean the person(s) enrolled in, and authorized to, use any Electronic Services as set forth under this Agreement.

r.    "We," "we", "our," and "us" shall mean Bell State Bank & Trust.

 

2. Services. Bank may provide Services that are not specifically included in the Services section of the Agreement. By accepting and using any such Service, you agree that the Service will be governed by the Agreement and any other conditions communicated to you by Bank.

 

3. Other Agreements. The terms and conditions of your deposit agreements and disclosures for each of your Accounts with us as well as your other agreements with us, such as loans, continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement supplements any other agreements in place. In the event of an inconsistency between any existing agreement and this Agreement, this Agreement shall govern.

 

4. Alterations and Amendments. The terms of this Agreement, applicable fees, and service charges may be altered or amended by us from time to time. In such event, we shall send notice to you in any form permitted by law, including through electronic means, to your address or location, as it appears in our records. The continuation of any Services after we send you such notice will constitute your agreement to such change(s). Further, we may, from time to time, revise or update our program, services, and/or related material(s) rendering such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of our programs, services, and/or related material(s) and limit access to more recent versions and updates, subject to applicable terms and conditions.

 

5. Address Changes. You agree to promptly notify us, in writing, of any address change that impacts the Account(s) or your use of any Services.

 

6. Termination or Discontinuation. We have the right to terminate this Agreement or any portion of the Services provided herein, at any time, at our sole discretion. However, any banking transactions or payments you have previously authorized will be completed as instructed. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.

 

7. Disputes. In the event of a dispute regarding the Services, you and Bank agree to resolve the dispute by looking to the Agreement. In case of errors or questions about your transactions, you should notify Bank as soon as possible by contacting Bank. Bank’s current contact information is listed on Bank’s website, www.bellbanks.com.

 

8. Assignment. You may not assign this Agreement to any other party. We may assign this Agreement to any present or future, directly or indirectly, affiliated company. We may also assign or delegate its rights and responsibilities under this Agreement to independent contractors or other third parties.

 

9. Security. We advise you not to give or make available your Online Banking username and password to any unauthorized individual. You acknowledge that your Online Banking username and password are authentication tools or methods used by us to verify your identity and we may require you to use additional authentication tools or methods at any time and from time to time. You further agree that if you do not use our additional authentication tools, if and when they become available, then your access and use of Online Banking Services may be limited or terminated.

 

If you have given someone else your Online Banking username and password or other means of access and want to terminate that person’s authority, you must change your username and password or other means of access or take additional steps to prevent further access by such person.

 

10.  Bank’s Liability; Force Majeure. In the performance of the Services required by the Agreement, Bank shall be entitled to rely solely on the information; representations and warranties provided by you pursuant to the Agreement and shall not be responsible for the accuracy or completeness of such information. Except as otherwise specifically provided by law, Bank shall be responsible only for performing the Services expressly provided for in the Agreement and shall be liable only in the event of loss due to its gross negligence or willful misconduct in performing those Services. In no event shall Bank have any liability for any consequential, special, incidental, punitive or indirect damages you may incur or suffer in connection with the Agreement whether or not the likelihood of such damages was known or contemplated by Bank and regardless of the legal or equitable theory of liability you may assert. Without limiting the foregoing, Bank shall not be liable for and shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communications facilities, equipment failure, war, acts of terror, emergency conditions or other conditions beyond Bank’s control, conditions including but not limited to a blizzard, flood, tornado or any other adverse weather conditions. If, for any reason, Bank is adjudged liable to you, it shall only be to the extent that the amount of the damages resulting from such liability arise out of Bank’s gross negligence or willful misconduct and, in such cases, damages will be limited to the amount of the aggregate monthly fees and charges paid by you for the Services for the immediate three (3) month period prior to the event giving rise to your claim. In no event shall Bank be liable for consequential damages, exemplary damages or lost profits, even if you advise Bank of the possibility of such damages. The provisions of this section shall survive the termination of the Agreement.

 

Bank will not be liable to you in the following situations:

a.   If through no fault of Bank, you do not have enough available money in Account from which a payment or transaction is to be made, or if Account has been closed or is not in good standing, or if Bank reverses a payment or transaction because of insufficient funds, or if any payment or transaction would go over the credit limit of any Account.

b.   If your equipment or Bank’s was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.

c.   If you have not given Bank complete, correct or current account numbers or other identifying information so that Bank can properly credit Account or otherwise complete the transaction, or if you do not properly follow Bank’s instructions, or if you provide Bank with wrong or inaccurate information, or fail to correct or tell Bank about any inaccuracy of which you are aware.

d.   If you do not instruct Bank soon enough for your payment or transaction to be received and credited by the time its due.

e.   If the money in the account from which a payment or transaction is to be made is subject to legal process or other claims restrict the transaction, or if circumstances or persons beyond Bank’s control prevent, delay, intercept or alter the transaction, despite reasonable precautions that Bank has taken.

f.    If you have an overdraft line and the transfer would go over the credit limit.

g.   If Bank has a hold on Account.

h.   If Account is closed or has been frozen.

i.    If you or anyone authorized by you commits any fraud or violates any law or regulation.

j.    If Bank has a reasonable basis for believing an unauthorized use of your Security Devices has occurred or may be occurring.

k.   If you are in default under the Agreement or if Bank or you terminate the Agreement.

 

The above listing is not meant to be exhaustive.

 

11.    No Waiver. We 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 on our part in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

 

12.    Severability. Wherever possible, each provision of this Agreement shall be interpreted in a manner which makes the provision effective and valid under applicable law. If applicable law prohibits or invalidates any part or provision of this Agreement, that particular part or provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.

 

13.    Captions. The captions on sections and paragraphs are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

 

14.    Governing Law. Any dispute between Bank and you, arising out of, connected with, related to, or incidental to the relationship established between them in connection with the Agreement, and whether arising in contract, tort, equity or otherwise, shall be resolved in accordance with the internal laws and not the conflicts of law provisions of the State of North Dakota.

ONLINE BANKING

 

If you are enrolled in our Online Banking, this section states the terms and conditions that apply when you use our Online Banking service. These terms and conditions are in addition to those that apply to any Accounts you have with us or any other services you obtain from us. You must also follow all of our instructions and procedures applicable to the services covered by this Agreement. Personal Online Banking allows you to make payment, transfer funds, access accounts, obtain information and perform other transactions.

 

1.  Online Account Owner Information. You must be the owner of the Account. You may not designate any Account that requires more than one (1) signature for withdrawals.

 

2.  Online Banking Transactions. You, or someone you have authorized by giving them your Online Banking ID and password or other means of access (even if that person exceeds your authority), can instruct us to perform the following transactions:

a.   Make transfers between your Accounts to the extent authorized;

b.   Obtain information that we make available about your Accounts; and,

c.   Obtain other Services or perform other transactions that we authorize.

 

3.  Limits on Online Banking Transactions. You must have enough money or credit in the Account from which you instruct us to make a payment or transfer. If any of your Accounts are savings accounts, certain types of withdrawals from those accounts, including payments and transfers, are limited to a total of no more than six (6) per month. The kinds of withdrawals covered by this limitation are those made by means of preauthorized or automatic transfers and payments or telephone agreement, or check. You also agree to the Terms & Conditions of Your Deposit Account that you received when you opened your deposit account.

 

4.  Our Liability for Failure to Complete Payments or Transfer. If we do not complete a payment or transfer on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are exceptions. We will not be liable, for:

a.   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, or if the Account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds, or if any payment or transfer would go over the credit limit of any Account;

b.   If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction;

c.   If you have not given us complete, correct or current account numbers or other identifying information so that we can properly credit your Account or otherwise complete the transaction or if you do not properly follow our instructions, or if you provide us with wrong or inaccurate information, or fail to correct or tell us about any inaccuracy of which you are aware;

d.   If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due;

e.   If the money in the Account from which a payment or transfer is to be made is subject to legal process or if other claims restrict the transaction, or if circumstance or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken;

f.    If the failure was caused by fire or other catastrophe, or by an electrical or computer failure or by other causes beyond our control, or if we have a reason to believe that the transaction requested is unauthorized; and,

g.   For incidental or consequential damages.

 

5.  Your Liability and Indemnity. You warrant that you will perform your obligations under this Agreement consistent with all applicable bank rules and regulations and that all information that you provide us is accurate, timely, and has been authorized by you and in the event that you breach any of the foregoing warranties, you agree to indemnify us against any loss, liability and expense. You agree to hold us harmless for any and all acts of any employees or persons who you grant access to or who gain access your Online Banking account. You consent, by execution of this Agreement, to disclosure of your customer information to those that gain access to your Accounts.

 

6.  Business Days. Our Online Banking service is generally available twenty-four (24) hours a day, seven (7) days a week. However, we only process transactions and update information on Business Days. Transfers made after the cutoff time will be processed on the next business day.

 

7.  Statements. Your Online Banking payments and transfers will be indicated on the monthly or quarterly statements we provide. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement or statement information.

 

8.  Electronic Statements. Copies of your monthly or quarterly statements are available through Online Banking. You may choose to discontinue receiving paper statements upon request at any time by updating your setting through Personal Online Banking ,or contacting Bank. If you have chosen to discontinue receiving paper statements you can revoke your previous request at any time with no fee by calling us at 800.450.8949 ext.1539 or 701.298.1539 or write: Bell State Bank & Trust, PO Box 10877, Fargo ND 58106-0877.

a.   You must have access to a computer which is able to comply with and adhere to the software and hardware requirements which are required to enable the electronic delivery of bank statements as well as your access to the statements, which includes having appropriate browser software, such as Microsoft Internet Explorer, Netscape Browser, or equivalent software and communications access to the Internet. You agree that you are able to meet such software and hardware requirements.

b.   Documents may be in Portable Document Format (PDF). In order to view, download, and print a PDF document, you must have Adobe Acrobat Reader software or another PDF Viewer. You can download Adobe Acrobat Reader at no charge from Adobe’s website. We may change the hardware and software required at any time with ten (10) days advance notice to you via e-mail. If you choose not to obtain the new hardware or software, you may withdraw your consent for electronic bank statements without any fee or charge for such withdrawal. You will remain liable for any other fees disclosed to you.

c.   At any time, you may request a paper copy of your statement and we will provide it to you. We will charge you our then-standard additional statement fee for completing such request. If you are requesting a statement from before January 2008, we will charge you our then-standard research fee. These fees are listed in our fee schedule. We reserve the right to change our fee schedule from time to time. You can request a paper copy of your statement (a) in the Personal Online Banking website under the Self Service tab; (b) by calling us at 701.298.1539 or 800.450.8949, Monday through Friday, from 7:00 am to 10:00 pm CT and Saturday 9 am to 5 pm CT, or (c) by writing to us at Bell State Bank & Trust, PO Box 10877, Fargo ND 58106-0877.

 

9.  Charges for Transactions. You agree to be charged for any applicable Online Banking fees as listed in our fee schedule. We reserve the right to change our fee schedule from time to time and your Account will be charged in accordance with the new fee schedule after giving you proper notification.

 

10.    Unauthorized Transactions or Loss or Theft of Your Online Banking ID or Password.

a.   If you believe your Online Banking ID or password or other means of access have been lost or stolen or that someone has used them without your authorization, call us immediately at 701.298.1539, during normal business hours. After hours you may e-mail us at customerservice@bellbanks.com. Immediately contacting us by phone is the best way of reducing your possible losses, since not all e-mail may arrive at their destinations. We will send an e-mail back to you as confirmation that we did receive it. Because e-mail is not secure, do not include any of your Account information or social security numbers with your e-mail. Your name, address and a brief message as to what the problem might be is all we will need.

b.   If you notify us of a loss, your liability for unauthorized transactions or payments will be as follows:

a.   If you contact us within two (2) business days of the loss or your discovery of the loss, you can lose no more than $50.00 if someone used your Online Banking ID and password without your permission;

b.   If do not contact us within two (2) business days after you learn of the loss and we can prove that we could have prevented the loss if you had contacted us, you could lose as much as $500.00;

c.   If your statement shows transfers or payments that you did not make, notify us immediately. If you do not tell us within sixty (60) days after the first statement showing such a transfer was mailed to you, you may not get back any funds lost after the sixty (60) days if we can prove your contacting us would have prevented those losses; and,

d.   If you have given someone else your Online Banking username and password or other means of access and want to terminate that person’s authority, you must change your username and password or other means of access or take additional steps to prevent further access by such person.

 

11.    Unauthorized Transactions and Notice of Errors (Consumer Accounts).

a.   In case of errors or questions about your Electronic Transfers or if you think your statement is wrong or if you need more information about a transfer listed on the statement, telephone us at 800.450.8949 ext.1539 or 701.298.1539 or write: Bell State Bank & Trust, PO Box 10877, Fargo ND 58106-0877, as soon as you can. We must be notified by you no later than sixty (60) days after we sent the first (1st) statement on which the problem or error appeared.

b.   You will need to tell us:

a.   Your name and Account number;

b.   Describe the error or transfer in question and explain, as clearly as you can, why you believe it is an error or why you need more information; and,

c.   The dollar amount of the suspected error and approximately when the error took place.

c.   If you tell us orally, we may require that you send your complaint or question in writing to us within ten (10) business days.

d.   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 (ninety (90) days for errors or questions involving a transaction initiated outside of the United States or at a point-of-sale terminal or for new accounts) to investigate your complaint or question. If we decide to investigate your complaint or question, we will credit your Account within ten (10) business days (twenty (20) days for new accounts) 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.

e.   We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

BILL PAYMENT

 

These terms and conditions are in addition to those that apply to any Accounts you have with us or any other services you obtain from us. You must also follow all of our instructions and procedures applicable to the services covered by this Agreement.

 

1.  Definitions.

a.   "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.

b.   "Billing Account" is the checking account from which all Service fees will be automatically debited.

c.   "Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

d.   "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).

e.   "Payment Account" is the checking account from which bill payments will be debited.

f.    "Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.

g.   "Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

h.   "Service" means the bill payment service offered by Bank through its designated Service Provider.

i.    "Exception Payments" means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including without limitation stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property), tax payments and court ordered payments.

j.    "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, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

k.   "You," "you" "your," and "yours" shall mean the person(s) enrolled in, and authorized to, use any Electronic Services as set forth under this Agreement.

l.    "We," "we" "our," and "us" shall mean Bell State Bank & Trust.

 

2.  Payment Scheduling. The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

 

3.  The Service Guarantee. Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.

 

4.  Payment Authorization and Payment Remittance.

a.   By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.

b.   When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.

c.   The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

a.   If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;

b.   The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;

c.   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; and/or,

d.   Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

e.   Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service 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.

 

5. Payment Methods. The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to us for payment.)

 

6. Payment Cancellation Requests. You may cancel or edit any Scheduled Payments (including recurring payments) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. Once the Bill Pay Provider has begun processing a payment it cannot be cancelled or edited.

 

7. Stop Payment Requests. The Service’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

 

8.  Prohibited Payments. Payments to Billers outside of the United States or its territories are prohibited through the Service.

 

9.  Exception Payments. Tax payments and court-ordered payments may be scheduled through the Service; however such payments are discouraged and must be scheduled at your own risk. In no event shall Bank be liable for any claims or damages resulting from Bank scheduling of these types of payments. The service guarantee described above, as it applies to any late payment related changes, is void when these types of payments are scheduled and/or processed through the Service. Bank has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not Bank.

 

10.    Bill Delivery and Presentment. This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service’s electronic bill options, you also agree to the following:

a.   Information provided to the Biller - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers, and email addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.

b.   Activation - Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

c.   Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

d.   Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

e.   Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

f.    Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

g.   Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

 

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

 

11.    Exclusions of Warranties. The service and related documentation are provided "as is" 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.

 

12.    Your Liability for Unauthorized Transfers. If you 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 financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

 

13.    Errors and Questions

a.   In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:

a.   Contact us at 701.298.1539 or 800.450.8949 during Customer Service hours;

b.   Contact us by using the application’s e-messaging feature; and/or,

c.   Write us at:

Bell State Bank & Trust

P.O. Box 10877

Fargo, ND 58106-0877

b.   If you think your statement is incorrect or you need more information about a Service 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:

a.   Tell us your name and Service account number;

b.   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,

c.   Tell us the dollar amount of the suspected error.

c.   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 Payment 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 Payment Account. 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.

 

14.    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:

a.   Were it is necessary for completing transactions;

b.   Where it is necessary for activating additional services;

c.   In order to verify the existence and condition of your account to a third party, as a credit bureau or Biller;

d.   To a consumer reporting agency for research purposes only;

e.   In order to comply with a governmental agency or court orders; or,

f.    If you give us your written permission.

 

15.    Service Fees and Additional Charges. Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service 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.

 

16.    Failed or Returned Transactions. In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

a.   You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;

b.   For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;

c.   You will reimburse the Service for any fees imposed by your financial institution as a result of the return;

d.   You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,

e.   The Service is authorized to report the facts concerning the return to any credit reporting agency.

 

17.    Alterations and Amendments. This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves 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. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.

 

18.    Address or Banking Changes. It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application’s Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

 

19.    Service Termination, Cancellation or Suspension. Any payment(s) Bank has already processed before the requested cancellation date will be completed by Bank. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. Bank may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under the Agreement.

 

20.    Biller Limitation. The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

 

21.    Returned Payments. In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.

 

22.    Information Authorization. Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. (This text may be removed for Clients who do not offer this functionality.) Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

 

23.    Liability. The foregoing shall constitute the service’s entire liability and your exclusive remedy. In no event shall the Service be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the equipment, software, and/or the service.

 

POPMONEYSM PERSONAL PAYMENT SERVICE

 

1. Definitions.

a.   "ACH Network" means the funds transfer system, governed by the NACHA Rules that provides funds transfer services to participating financial institutions.

b.   "Affiliates" means a company related by common ownership or control.

c.   "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed

d.   "Eligible Transaction Account" is a transaction account (checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information) from which your payments as a Sender will be debited, your Popmoney Service fees will be automatically debited, or to which payments and credits to you will be credited.

e.   "Payment Instruction" is the information provided by the Sender to the Popmoney Service for a payment to be made to a Receiver (such as, but not limited to, name, mobile telephone number, email address, and bank account and routing number information).

f.    "Payment Network" means a payment network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.

g.   "Receiver" is a person or business entity that is sent a payment transaction through the Service.

h.   "Sender" is a person or business entity that sends a payment transaction through the Service.

i.    "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.

j.    "You," "you" "your," and "yours" shall mean the person(s) enrolled in, and authorized to, use any Electronic Services as set forth under this Agreement.

k.   "We," "we" "our," and "us" shall mean Bell State Bank & Trust.

 

2. Introduction. This Agreement is a contract between you and Bell State Bank & Trust (hereinafter "we" or "us") in connection with the PopmoneySM Personal Payments Service offered through our online banking site (the "Site"), and represents an upgrade to our person-to-person payment service (the "Service"). This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered.

 

3. Description of Service. The Popmoney Service enables you:

a.   To initiate a payment transaction from an Eligible Transaction Account to an account at a U.S. financial institution; and/or

b.   To receive a payment transaction from another person into an Eligible Transaction Account, in U.S. dollars.

 

Although the ACH Network is often used to execute Popmoney Service payment transactions, other Payment Networks may be used to facilitate the execution and transmission of payment transactions. All payment transactions must be made through the Site and are subject to the terms of this Agreement and applicable laws and regulations then in effect. Receipt of payment transactions may be made through the Site and is subject to the terms of this Agreement and applicable laws and regulations, then in effect. In some instances, receipt of payment transactions may be made through www.Popmoney.com (the "Popmoney Website") and if you choose to initiate or receive a payment transaction at the Popmoney Website you acknowledge and agree that you shall be subject to the terms of other agreements, including, but not limited to, the "terms of use" for the Popmoney Website and applicable laws and regulations then in effect..

 

4. Service Providers. We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. Service Provider and certain other capitalized terms are defined in a "Definitions" section at the bottom of this Agreement.

 

5. Amendments. We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change will constitute your agreement to such changes. Further, we may, from time to time, revise or update the Service and/or related applications or 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 Service, and/or related applications and material, and limit access to only the Service’s more recent revisions and updates.

 

6. Our Relationship with You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to Receivers to whom you send payments).

 

7.Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

 

8. Notices to Us Regarding the Service. Except as otherwise stated below, notice to us concerning the Site or the Service must be sent by postal mail to: Bell State Bank & Trust, PO Box 10877, Fargo ND 58106-0877. We may also be reached at 701.298.1539 or 800.450.8949 during Customer Service hours for questions and other purposes concerning the Service, but such telephone calls will not constitute legal notices under this Agreement.

 

9. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any Mobile Device number that you have provided us, including but not limited to the Mobile Device number that you have listed in your Service setup or customer profile. For example, users of the Service may receive certain notices (such as notices of processed payment transactions, alerts for validation and notices of receipt of payment transactions) as text messages on their Mobile Devices. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in paragraph 8 above. We reserve the right to charge you a reasonable fee not to exceed $20 to respond to each such request. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.

 

10.    Calls to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number), you consent to receiving autodialed and prerecorded message calls from us at that number for non-marketing purposes.

 

11.    Receipts and Transaction History. You may view your transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts or periodic statements by mail.

 

12.    Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. Our privacy policy can be viewed by clicking here: https://www.bellbanks.com/privacy-policy/.

 

13.    Privacy of Others. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.

 

14.    Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.

 

15.    Prohibited Payments. The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block and/or reverse such payments:

a.   Payments to or from persons or entities located in prohibited territories;

b.   Payments that violate any law, statute, ordinance or regulation;

c.   Payments that violate the Acceptable Use terms in paragraph 15 below; and

d.   Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise or sell to, or solicit others; (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;

e.   Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes;

f.    Payments relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing; (5) are associated with the following "money service business" activities: the sale of traveler’s checks or money orders, currency dealers or exchanges or check cashing, or (6) provide credit repair or debt settlement services; and,

g.   Tax payments and court ordered payments.

 

In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization. In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours. We encourage you to provide notice to us by the methods described in paragraph 7 above of any violations of this section or the Agreement generally.

 

16.    Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in paragraph 7 above of any violations of this section or the Agreement generally.

 

17.    Payment Authorization and Payment Remittance.

a.   By providing us with names and telephone numbers, email addresses, and/or bank account information of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Service.

b.   When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account and remit funds on your behalf. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payment(s) or cancelled and returned to you because the processing of the payment transaction could not be completed.

c.   You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers and that we have no responsibility to investigate discrepancies between account names and account numbers.

d.   You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.

e.   We will use reasonable efforts to complete all your payment transactions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:

f.    If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to complete the payment transaction or the payment transaction would exceed the credit limit of your overdraft account;

g.   The Service is not working properly and you know or have been advised by us about the malfunction before you execute the payment transaction;

h.   The payment is refused as described in paragraph 20 below;

i.    You have not provided us with the correct information, including but not limited to the correct Payment Instructions or Eligible Transaction Account information, or the correct name and address or Mobile Device number of the Receiver to whom you are initiating a payment transaction; and/or,

j.    Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the payment transaction and we have taken reasonable precautions to avoid those circumstances.

k.   It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Service (including but not limited to the Payment Instructions and name, telephone number and/or email address that the Sender enters for the Receiver to whom you are sending the payment transaction), and for informing us as soon as possible if they become aware that this information is inaccurate. Neither the Sender nor Receiver may use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a payment transaction made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.

 

18.    Initiation of Payment Transactions. You may initiate

a.   A one-time payment transaction to a Receiver for which processing shall be initiated immediately;

b.   A one-time payment transaction to a Receiver for which processing shall be initiated at a later specified date up to one (1) year; and,

c.   A recurring series of payment transactions to a Receiver for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site.

 

Payment transactions initiated to Receivers are processed in two ways. You can provide all the required information about the Receiver, including his/her Eligible Transaction Account, necessary to complete an ACH Network transfer of funds. Alternatively, you can provide contact information about the Receiver (including an email address or mobile telephone number) and the Popmoney Service may contact the Receiver and request that the Receiver (i) provide information so that we may validate the identity of the Receiver at the Popmoney Website and then (ii) provide Eligible Transaction Account information in order to complete the payment transaction (a "Two-Step Transfer"). If the Receiver maintains an Eligible Transaction Account with an institution that participates in the Popmoney Service, the Receiver may access the Popmoney Service at his or her financial institution’s website or mobile application to complete the payment transaction and receive the payment.

 

You understand and agree that when you initiate a payment transaction from an Eligible Transaction Account using the Popmoney Service, the processing of the payment transaction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, the payment funds will be transferred into the Receiver’s Eligible Transaction Account no earlier than the next Business Day after you initiated the payment transaction. If you request a one-time payment transaction to be initiated on a specified date or a recurring series of payment transactions to be initiated on specified dates, then the processing of the payment transaction will begin on the specified date and the debiting of your Eligible Transaction Account will occur as early as the specified date(s). However, the payment funds will be transferred into the Receiver’s Eligible Transaction Account no earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver’s Eligible Transaction Account (even if debited or withdrawn from your Eligible Transaction Account) may be delayed if the Receiver has not provided the Popmoney Service with certain required information such as his or her Eligible Transaction Account information.

 

19.    Receiving Payments. If another person wants to send you a payment transaction using the Popmoney Service to an Eligible Transaction Account you hold with us, he or she can do that from an Eligible Transaction Account at a financial institution that participates in the Popmoney Service or at the Popmoney Website.

 

You understand and agree that there may be a delay between the time you are notified of the pending payment transaction and the deposit of the payment funds into your Eligible Transaction Account and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Transaction Account. You authorize the Sender, the financial institution which holds the Sender’s Eligible Transaction Account and the Popmoney Website to send emails to you and text messages to your Mobile Device in connection with the Sender’s initiation of payment transactions to you, and, as a Receiver, you may also receive electronic gift cards or requests from others for payment through the Service.

 

20.    Payment Methods and Amounts. We impose limits on the amount of money or gift card value you can send or receive through our Service. These limits may be adjusted from time-to-time at our sole discretion. You may log in to the Site to view your individual transaction limits. We also reserve the right to select the method in which to remit funds on your behalf, and the method to return funds to you in the event that your Eligible Transaction Account is closed or otherwise unavailable to us. These payment methods may include, but may not be limited to, an electronic or paper check payment.

 

21.    Payment Cancellation, Stop Payment Requests and Refused Payments. Sender may cancel the initiation of a payment transaction or stop a payment transaction at any time until the processing of the payment transaction into the Receiver’s Eligible Transaction Account has begun. Our ability to stop a payment transaction or recover funds associated with an unauthorized payment transaction will depend on the manner in which the payment transaction was initiated, and whether the payment transaction to the Receiver’s Eligible Transaction Account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized payment transaction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting Customer Service. The charge for each stop payment or fund recovery request will be the current charge for such stop payment or funds recovery service as set out in the applicable fee schedule. Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins. When a Sender initiates a payment transaction, the Receiver is not required to accept the payment transaction. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver’s decision to accept or not to accept a payment transaction initiated or attempted through the Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.

 

22.    Your Liability For Unauthorized Transfers. Immediately following your discovery of an unauthorized payment transaction, you shall communicate with Customer Service for the Service in the manner set forth in paragraph 7, above. You acknowledge and agree that time is of the essence such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Service 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 financial institution statement contains payment 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 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 in our sole discretion extend the period.

 

23.    Mobile Device Users. Your phone service provider is not the provider of the Service. Users of the Service may receive text messages relating to their payment and other notices. You will receive text messages related to your payment transactions from time to time. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled Mobile Device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a Mobile Device, and that in the event of theft or loss, your confidential information could be compromised. If you have questions about mobile service, you may send a text message with the word "HELP" to this number: 46728. To stop receiving text messages on your Mobile Device, text "STOP" to this number: 46728.

 

24.    Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

 

25.    Service Fees and Additional Charges. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. 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 Eligible Transaction 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.

 

26.    Failed Or Returned Payment Transactions. In using the Service, you are requesting us to attempt to make payments for you from your Eligible Transaction Account. If we are unable to complete the payment transaction for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the payment transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment transaction), the payment transaction may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that:

a.   You will reimburse us immediately upon demand the amount of the payment transaction if we have delivered the payment to the Receiver but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow us to complete the debit processing;

b.   For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;

c.   You may be assessed a fee by our service provider and by us if the payment transaction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the requested transfer, or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your fee schedule from us or your account agreement with us. You hereby authorize us to deduct these amounts from your designated Eligible Transaction Account, by ACH debit;

d.   You will reimburse us for any fees or costs we incur in attempting to collect any amounts from you; and

e.   We are authorized to report the facts concerning the return to any credit reporting agency.

 

27.      Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Changes can be made through your Service account, within the user interface of the Service or by contacting Customer Service for the Service as set forth in paragraph 7 above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.

 

28.      Refused Payments. We reserve the right to refuse to pay any Receiver. We will notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.

 

29.      Returned Payments. In using the Service, you understand that Receivers may reject payment transactions or otherwise return payments. We will use reasonable efforts to complete payment transactions initiated through the Service.

 

30.      Information Authorization. Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Service as a Sender, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers� everyday business purposes, such as to maintain your ability to access the Service, to authenticate you when you log in, to send you information about the Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Service and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, and audit reasons and as permitted by applicable law for everyday business purposes. In addition we and our Service Providers may use, store and disclose such information acquired in connection with the Services in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Services.

 

31.      Service Termination, Cancellation, or Suspension. In the event you wish to cancel the Service, you may contact us as set forth in paragraph 7 above. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. We may terminate or suspend your use of the Service at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

 

 

 

32.      Errors, Questions, and Complaints.

a.   In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in paragraph 7 above.

b.   If you think your transaction history is incorrect or you need more information about a transaction listed in the transaction history, we must hear from you no later than sixty (60) days after the transaction in which the problem or error appears is first posted in the transaction history. You must:

               a.      Tell us your name;

               b.      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,

               c.      Tell us the dollar amount of the suspected error.

c.   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 Eligible Transaction 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 Eligible Transaction Account. 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. We may revoke any provisional credit provided to you if we find an error did not occur.

 

33.    Intellectual Property. "Popmoney" is a trademark of CashEdge Inc. or its affiliates. All other marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors� exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.

 

34.    Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.

 

35.    Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in paragraph 7 above. See also paragraph 22 above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.

 

36.    Remedies for Breach. If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site, and/or use of the Service for any reason and at any time.

 

37.    Disputes. In the event of a dispute regarding the Service, you and we 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 us and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between us and you relating to the subject matter of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its Customer Service personnel), the terms of this Agreement will prevail.

 

38.    Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services ("JAMS"), the American Arbitration Association ("AAA"), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and the judgment there may be entered in any court of competent jurisdiction. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration.

 

39.    Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those which are arbitrated under paragraph 37 above) must be resolved by a court located in the county in which you reside. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.

 

40.    Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the Service.

 

41.    Release. If you have a dispute with one or more other users of the Site or the Service, you release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive California Civil Code �1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.

 

42.    No Waiver. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part 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.

 

43.    Exclusions of Warranties. The site and service and related documentation are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. in particular, we do not guarantee continuous, uninterrupted or secure access to any part of our service, and operation of our site may be interfered with by numerous factors outside of our control. some states do not allow the disclaimer of certain implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

 

44.    Limitation of Liability. The foregoing shall constitute your exclusive remedies and the entire liability of us and our affiliates and service providers and the employees and contractors of each of these, for the service and the portion of the site through which the service is offered. You acknowledge and agree that from time to time, the service may be delayed, interrupted or disrupted periodically for an indeterminate amount of time due to circumstances beyond our reasonable control, including but not limited to any interruption, disruption or failure in the provision of the service, whether caused by strikes, power failures, equipment malfunctions or other reasons. in no event shall we or our affiliates or service providers or the employees or contractors of any of these, be liable for any claim arising from or related to the service caused by or arising out of any such delay, interruption, disruption or similar failure. in no event shall we or our affiliates or service providers or the employees or contractors of any of these, be liable for any indirect, special, incidental, consequential, or exemplary damages, including loss of goodwill or lost profits (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the service or the portion of the site through which the service is offered, even if such damages were reasonably foreseeable and notice was given regarding them. in no event shall we or our affiliates or service providers or the employees or contractors of any of these be liable for any claim arising from or related to the service or the portion of the site through which the service is offered that you do not state in writing in a complaint filed in a court or arbitration proceeding as described in paragraphs 37 and 38 above within two (2) years of the date that the event giving rise to the claim occurred. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. Our aggregate liability and the aggregate liability of our affiliates and service providers and the employees and contractors of each of these, to you and any third party for any and all claims or obligations relating to this agreement shall be limited to direct out of pocket damages up to a maximum of $500 (five hundred dollars). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

 

45.    Complete Agreement, Severability, Captions, and Survival. This Agreement sets forth the entire understanding between us and you with respect to the Services and the portion of the Site through which the Services are offered. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of paragraphs hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Paragraphs 3, 6-9, 12, 23, 25, 32 and 35-44, as well as any other terms which by their nature should survive, will survive the termination of this Agreement.

ACCOUNT-TO-ACCOUNT ("A2A") TRANSFER SERVICE

 

If you are enrolled in our A2A Transfer Service, this section states the terms and conditions that apply when you use A2A. These terms and conditions are in addition to those that apply to any Accounts you have with us or any other services you obtain from us. You must also follow all of our instructions and procedures applicable to the services covered by this Agreement.

 

1. Definitions.

a.   "Recipient Account" is the account to which your funds will be credited.

b.   "Sender" means the Transaction Account holder initiating a transfer through the Service.

c.   "Service" shall mean the A2A service.

d.   "Service Provider" means companies that we have engaged to render some or all of the Service to you on our behalf.

e.   "Site" means the online banking website through which the Service is offered.

f.    "Transaction Account" is the Account from which your funds will be debited, your A2A Service fees will be automatically debited, or to which funds will be returned.

g.   "Transfer Instruction" is the information provided by you to the Service for a transfer of funds to a Recipient Account.

 

2. Service Providers. We are offering you the Service through one or more "Service Providers" that we have engaged to render some or all of the Service to you on our behalf. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be intended third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.

 

3. Our Relationship with You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not guarantee the identity of any user of the Service (including but not limited to Accounts to which you send payments).

 

4. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, or by mailing it to any postal address that you have provided us. For example, users of the Service may receive certain notices (such as notice and receipt of transfers) as text messages on their Mobile Device. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described below. We reserve the right to charge you a reasonable fee not to exceed twenty (20) dollars to respond to each such request. We reserve the right to close your account if you withdraw your consent to receive electronic communications.

 

5. Calls to You. By providing us with a telephone number (including a mobile number), you consent to receiving autodialed and prerecorded message calls from us at that number for non-marketing purposes. For example, we or our Service Provider may contact you in connection with validating or processing a transaction that you�ve requested through the Service.

 

6. Receipts and Transaction History. You may view at least six (6) months of your transaction history with the applicable Service Provider by logging into your account and looking at your account transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.

 

7. Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

 

8. Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors.

 

9. Acceptable Use. You may use the Service to transfer funds as described below. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use. In addition, you are prohibited from using the Service for activities that: (a) violate any law, statute, ordinance or regulation; (b) payments related to illegal gambling, illegal gaming and/or any other illegal activity with an entry fee or a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill and sweepstakes (c) violate any property or proprietary right of any third party, including any copyright, trademark, or right of publicity or privacy under the laws of any jurisdiction; (d) impose an unreasonable or disproportionately large load on our infrastructure; (e) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (f) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (g) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (h) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described below of any violations of this section or this Agreement generally. In no event shall we or our Service Providers be liable for any claims or damages resulting from or related to your violation of the acceptable uses of the Service or this Agreement. We and our Service Providers reserve the right to monitor and remove any comments you post or submit through the Service.

 

10.    Transfer Authorization and Processing.

a.   The Service enables you to transfer funds: (i) between your Accounts that you maintain with us; and (ii) between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand. You represent and warrant that you are either the sole owner or a joint owner of the Transaction Account and the Recipient Account and that you have all necessary legal right, power and authority to transfer funds from the Transaction Account to the Recipient Account. �If you are a joint owner of the Transaction Account, Recipient Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. �Further, you represent and warrant that the Recipient Account is located in the United States.

b.   When we receive a Transfer Instruction from you, you authorize us to debit your Transaction Account and remit funds on your behalf to the Recipient Account designated by you and to debit one of your Accounts as described below (Service Fees and Additional Charges). You also authorize us to reverse a transfer from your Recipient Account if the debit is returned from the Transaction Account for any reason, including but not limited to nonsufficient funds.

c.   We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:

d.   If, through no fault of ours, the Transaction Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;

e.   The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;

f.    The transfer is refused as described below;

g.   You as a Sender have not provided us with the correct information, including but not limited to the correct Transaction Account or Recipient Account information; and/or,

h.   Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.

i.    It is your responsibility to ensure the accuracy of any information that you enter into the Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Recipient Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.

 

11.    Transfer Methods and Amounts. We may, at our sole discretion, impose limits on the amount of money you can transfer through our Service. We also reserve the right to select the method in which to transfer funds on your behalf, and the method to return funds to you in the event that the Recipient Account is closed or otherwise unavailable to us.

 

12.    Transfer Cancellation Requests and Refused Transfers. You may cancel a transfer at any time until it begins processing (as shown in the Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Transaction Account. If this is unsuccessful (for example, the Transaction Account has been closed) we will make reasonable attempts to mail you a paper check. If after ninety (90) days (or longer, depending on our then-current standard for unclaimed checks) that check has not been cashed, we will stop payment on it and transfer funds to an "unclaimed funds" account, and will subsequently handle the unclaimed funds as required or otherwise permitted by applicable law.

 

13.    Stop Payment Requests. If you as a Sender desire to stop any transfer that has already been processed, you must contact Customer Service. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.

 

14.    Your Liability For Unauthorized Transfers. If you 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 through the Service 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 financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.

 

15.    Taxes. It is your responsibility to determine what, if any, taxes apply to transfers you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transfers, or for collecting, reporting or remitting any taxes arising from any transfer.

 

16.    Service Fees and Additional Charges. Applicable fees will be disclosed in the user interface for the Service. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. 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 the applicable Account you hold with us, whether a Transaction Account or Recipient Account, for these amounts and any additional charges that may be incurred by you. If we hold both the Transaction Account and the Recipient Account, then you authorize us to deduct such amounts and charges from the Transaction Account. 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.

 

17.    Failed Or Returned Transfers. In using the Service, you are requesting us to make transfers for you from your Transaction Account. If we are unable to complete the transfer for any reason associated with your Transaction Account (for example, there are insufficient funds in your Transaction Account to cover the transaction), the transfer may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that:

a.   You will reimburse us immediately upon demand the transfer amount that has been returned to us;

b.   For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;

c.   You may be assessed a fee by our Service Provider and by us if the transfer is returned because you have insufficient funds in your Transaction Account to cover the requested transfer or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your fee schedule from us or your Account agreement with us. You hereby authorize us to deduct these amounts from your designated Transaction Account by ACH debit;

d.   You will reimburse us and our Service Provider for any fees or costs we or they incur in attempting to collect the amount of the return from you; and,

e.   We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.

 

18.    Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service for the Service. Any changes in your Transaction Account or Recipient Account should also be made in accordance with the procedures outlined within the Service’s help files. All changes made are effective immediately. We are not responsible for any transfer processing errors or fees incurred if you do not provide accurate Transaction Account, Recipient Account, or contact information.

 

19.    Refused Transfers. We reserve the right to refuse any transfer to a Recipient Account. We will notify you promptly if we decide to refuse to transfer funds to a Recipient Account. This notification is not required if you attempt to make a prohibited transfer under this Agreement.

 

20.    Returned Transfers. In using the Service, you understand transfers may be returned for various reasons such as, but not limited to, Recipient Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Recipient Account or void the transfer and credit your Transaction Account. You may receive notification from us.

 

21.    Information Authorization. Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that we and our Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau.

 

22.    Service Cancellation by You. In the event you wish to cancel the Service, you may telephone us at 800.450.8949 or 701.298.1539 during Customer Service hours; and/or write us at Bell State Bank & Trust, PO Box 10877, Fargo, ND 58106-0877. Any transfer(s) we have already processed before the requested cancellation date will be completed by us.

 

23.    Service Cancellation, Termination, or Suspension by Us, and Other Remedies for Breach. If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site, and/or use of the Service for any reason and at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

 

24.    Errors, Questions, and Complaints. Except as otherwise stated in this Agreement, notice to us concerning the Site or the Service must be sent by postal mail to: Bell State Bank & Trust, PO Box 10877, Fargo, ND 58106-0877. In case of errors or questions about your transfers or concerning the Service, you should as soon as possible telephone us at 800.450.8949 or 701.298.1539 during Customer Service hours, provided such telephone calls will not constitute legal notices under this Agreement; and/or write us at the above address.

a.   If you think your transaction history is incorrect or you need more information about a Service transaction listed in the transaction history, you should notify us immediately. In the notice, you must:

b.   Tell us your name;

c.   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,

d.   Tell us the dollar amount of the suspected error.

e.   If you notify us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral 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 Transaction 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 Transaction Account. 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. We may revoke any provisional credit provided to you if we find an error did not occur.

 

25.    Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and the officers, directors, agents, employees, representatives, and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the Service.

 

26.    Intellectual Property. All marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.

 

27.    Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.

 

28.    Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials, whether intentionally or inadvertently. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in paragraph 27 above. See also paragraph 16 above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.

 

29.    Exclusions of Warranties. The site and service and related documentation are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. In particular, we do not guarantee continuous, uninterrupted or secure access to any part of our service, and operation of our site may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer of certain implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

 

30.    Limitation of Liability. You acknowledge and agree that from time to time, the service or site may be delayed, interrupted or disrupted periodically for an indeterminate amount of time due to circumstances beyond our reasonable control, including but not limited to any interruption, disruption or failure in the provision of the service, whether caused by strikes, power failures, equipment malfunctions or other reasons. In no event shall we or our affiliates or service providers or the officers, directors, agents, employees, representatives, and contractors of each of these, be liable for any claim arising from or related to the service caused by or arising out of any such delay, interruption, disruption or similar failure. In no event shall we or our affiliates or service providers or the officers, directors, agents, employees, representatives, and contractors of each of these, be liable for any indirect, special, incidental, consequential, or exemplary damages, including loss of goodwill or lost profits (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the service or the portion of the site through which the service is offered, even if such damages were reasonably foreseeable and notice was given regarding them. In no event shall we or our affiliates or service providers or the officers, directors, agents, employees, representatives, and contractors of each of these be liable for any claim arising from or related to the service or the portion of the site through which the service is offered that you do not state in writing in a complaint filed in a court within two (2) years of the date that the event giving rise to the claim occurred. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. The aggregate liability of us and our affiliates and service providers and the officers, directors, agents, employees, representatives, and contractors of each of these, to you and any third party for any and all claims or obligations relating to the service and the portion of the site through which the service is offered and this agreement shall be limited to direct out of pocket damages up to a maximum of Five Hundred Dollars ($500.00). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. The foregoing shall constitute your exclusive remedies and the entire liability of us and our affiliates and service providers and the officers, directors, agents, employees, representatives, and contractors of each of these, for the service and the portion of the site through which the service is offered.

 

MOBILE BANKING SERVICES

 

These terms and conditions are in addition to those that apply to any Accounts you have with us or any other services you obtain from us. You must also follow all of our instructions and procedures applicable to the services covered by this Agreement.

 

1.  Definitions.

a.   "Alert" or "Alerts" is the notification of account information or events delivered via email or Text Banking.

b.   "App" or "Apps" is the abbreviation for Application.

c.   "Bell Bank Mobile App" or "Mobile App" is the downloadable application for Mobile Devices.

d.   "Mobile Banking" or "Mobile Banking Services" or "Mobile Services" is comprised of Text Banking, Bell Bank Mobile App and Mobile Browser Banking.

e.   "Mobile Browser Banking" is the access to online banking using a mobile browser. The connection is located at mb.bellbanks.com.

f.    "Mobile Device" is a small, handheld computing device usually outfitted with a display screen and input method (either touchscreen or miniature keyboard). Many portable Mobile Devices have operating systems that can run applications (or "Apps").

g.   "Text Banking" is commonly known as Short Message Service (SMS).

2.  General Information.

a.   We offer you access to your account information (e.g., for checking balances and last transactions) over Mobile Services, as well as the option to set up alerts for your Accounts (e.g., low balance alerts). Bank also offers additional mobile banking functions like Bill Pay and transfers to customers using a Mobile Services. Enrollment requires identification of your banking relationship with us as well as providing a Mobile Device number. The Mobile Device number’s verification is done by you receiving a text message with a verification code which you will have to enter on our website (www.bellbanks.com). Additionally, you may select the type of alerts and other preferences which will determine the frequency of alerts delivered to you. Standard messaging charges apply.

b.   For questions regarding our Mobile Services, please contact us at 800.450.8949 or 701.298.1539.

c.   To stop text messages from coming to your Mobile Device, send a "STOP" text message to the number 46728. Upon cancellation, you will receive a one-time confirmation text message and will no longer receive future messages or have access to Text Banking. You may also contact us to cancel your Text Banking.

 

3.  Accessibility. In order to use Text Banking, you need a Mobile Device enabled with text messaging.

a.   Text Banking requires a text-enabled Mobile Device. You do not need Internet access on your Mobile Device to use Text Banking. Internet access is required to utilize Mobile Browser Banking and Mobile App.

b.   Periodically, we may develop additional Mobile Services. As additional services are developed, you will have the opportunity to add them to your Mobile Services, provided you have compatible wireless hardware and software.

c.   To use Mobile Services, you must be enrolled in Online Banking. Within Mobile Services, you will have access to all of the accounts you see within Online Banking. We reserve the right to deny access to an Account. Accounts will only be enrolled in Mobile Services to the extent they contain the same ownership.

d.   You are responsible for the purchase, maintenance and Mobile Device relationship, including fees associated with the operation of your Mobile Device. We are not responsible for any errors or failures from any malfunction of your Mobile Device or the Mobile Device services.

e.   You can use Mobile Services seven (7) days a week, twenty-four (24) hours a day. However, at certain times, some or all of the services may not be available due to system maintenance or reasons beyond our control, including, but not limited to, the availability of Mobile Device services. We do not warrant that Mobile Services will be available at all times. The display of account information may vary based on your Mobile Device and your Mobile Device service.

 

4.  Charges. We will not charge you for viewing accounts, transferring funds, or viewing transaction history. We reserve the right to charge fees in the future and such fees will be subject to change. Your Account(s) are still subject to the fees, charges, balance requirements, etc. articulated in the "Service Charges" and "Understanding Your Deposit Account" brochures . In addition, message, data, and other rates may apply. Refer to your Mobile Device carrier for details.

 

5.  Description of Mobile Services. Mobile Services allows you to perform several functions from your Mobile Device. You may use Mobile Services to (a) transfer funds between your Accounts; (b) obtain Account balances; (c) obtain transaction information for your Accounts; and, (d) receive Alerts on your Accounts. These features are limited to the extent, and subject to the terms, noted below:

a.   Your ability to transfer funds between certain deposit accounts is limited by federal law and the Deposit Agreement. Federal regulations limit the number of preauthorized electronic fund transfers and telephone transfers, including transfers you request using Mobile Services, from money market deposit and savings accounts. Transfers from a savings account to another account or to third parties by preauthorized, automatic, telephone or computer transfer, or check are limited to six (6) per month. If you exceed these limits, we may close the Account and/or change the Account to a non-interest bearing demand deposit account.

b.   Information for your Accounts will be available from Mobile Services for a maximum of three hundred sixty five (365) days from the date of inquiry and reflect activity through the close of business of the previous business day.

c.   Transfers initiated prior to the Cutoff time on a business day via Mobile Services, will be posted to the receiving account the same day. All transfers completed after the Cutoff time, or on a non-business day or holiday, will be posted the following business day.

d.   Your ability to pay bills to Billers, transfer funds between your accounts at other Financial Institutions, and use Popmoney services from your mobile device.

 

6.  Your Responsibilities.

a.   You agree not to use Mobile Services to conduct any business or activity or solicit the performance of any activity that is prohibited by law or any contractual provision by which you are bound with any person. You agree to comply with all applicable laws, rules, and regulations in connection with Mobile Services. You certify that you are an authorized customer and are able lawfully to enter into contracts.

b.   You agree to notify us timely in the event you lose, change, or destroy the Mobile Device whose number is registered with Mobile Services.

c.   We advise you not to use any personally-identifiable information when providing shortcuts or creating nicknames to your Accounts.

 

7.  Limited Liability for Use of the Bank’s Mobile Services. Bank and your mobile service provider cannot make any representation or warranty that you will have continuous or uninterrupted access to the Bank’s Mobile Service or any of its content or function or that any of the functions of the Bank’s Mobile Service will be error-free. The Mobile Service is provided to you "as is" and "as available." Bank and your mobile service provider make no representation or warranty relating to the bank mobile service (including, without limitation, its performance, availability, contents, or functions) or any advertisements or websites in connection with that service, including, without limitation, express or implied warranty of merchantability, fitness for a particular purpose or non-infringement of third-party rights and title and any implied warranty arising from course of dealing or course of performance. Your sole and exclusive remedy for any failure or non-performance of the Bank’s Mobile Service shall be for us to use commercially reasonable efforts to perform an adjustment or repair of the Bank’s Mobile Service. You understand that there are risks associated with using a Mobile Device and that in the event of theft or loss; your confidential information could be compromised. In no event will Bank or any of its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors or third party service providers be liable for any consequential (including, without limitation, loss of data, files, profit, or goodwill or the costs of procurement of substitute of goods or Bank’s Mobile Service), indirect, incidental, special or punitive damages arising out of or in connection with your use of the Bank’s Mobile Service. We make no representation or warranties regarding the accuracy, functionality or performance of mobile services or any software that may be used in connection with Mobile Services. We disclaim any express or implied warranties, including any warranties of merchantability, fitness for a particular purpose or error-free operation.

 

8.  Indemnification. You agree to indemnify, defend, and hold us and our affiliates, officers, directors, employees, consultants, agents, Mobile service providers and licensors harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys' fees) arising from (a) a third party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other materials submitted by you to us and our Mobile Services; (b) any fraud, manipulation or other breach of the Terms of this Agreement by you; (c) any third party claim, action or allegation brought against us arising out of or relating to a dispute with you over the terms and conditions of this Agreement or related to the purchase or sale of any goods or our Mobile Services; (d) your violation of any law or rights of a third party; (e) your use or the provision of our Mobile Services or use of your Account by any third party; and, (f) damages that result from misuse or loss of your Mobile Device or misuse of our Mobile Services. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your expense with us in asserting any available defenses. You will not settle any action or claim on our behalf without our prior written consent.

 

 

 

9.  Liability for Transactions Covered by Regulation E (Consumer Accounts).

a.   Tell us immediately if you believe your Online Banking ID or password has been lost or stolen, or if you believe an electronic fund transfer has been made without your permission. Contacting us by telephone is the best way of keeping your possible losses down. You could lose all the money in your Account(s), plus your maximum overdraft line of credit, if any. If you tell us within two (2) Business Days after you learn of the loss or theft of your Online Banking ID or password, you can lose no more than $50.00, if someone uses your Online Banking ID or password without your permission.

b.   If you do not tell us within two (2) Business Days after you learn of the loss or theft of your Online Banking ID or password and we can prove we could have stopped someone from using your Online Banking ID and password without your permission if you had told us, you could lose as much as $500.00.

c.   Also, should your statement show transfers that you did not make, including those made through Online Banking or Mobile Services, or other means, tell us immediately. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any of the money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us timely. If a valid reason (such as a long trip or a hospital stay) kept you from telling us, we may, at our option, extend the time periods.

d.   You agree to assist us in our efforts to recover any funds that were transferred or paid without your permission or consent.

 

10.    Contact in Event of Unauthorized Transfer. If you believe your Online Banking ID or password has been lost or stolen, someone has attempted to use Mobile Services without your consent, your Account(s) have been accessed or someone has transferred money without your permission, you must notify us immediately at: 800.450.8949 or 701.298.1539 or write: Bell State Bank & Trust PO Box 10877, Fargo ND 58106-0877. If you lose or forget your Online Banking or Mobile Banking ID or password, contact us immediately so that you may select a new confidential Online Banking ID and password.

 

11.    Unauthorized Transactions and Notice of Errors (Consumer Accounts).

a.   In case of errors or questions about your Electronic Transfers or if you think your statement is wrong or if you need more information about a transfer listed on the statement, telephone us at 800.450.8949 ext.1539 or 701.298.1539 or write: Bell State Bank & Trust, PO Box 10877, Fargo ND 58106-0877, as soon as you can. We must be notified by you no later than sixty (60) days after we sent the first (1st) statement on which the problem or error appeared.

b.   You will need to tell us:

a.   Your name and account number;

b.   Describe the error or transfer in question and explain, as clearly as you can, why you believe it is an error or why you need more information; and,

c.   The dollar amount of the suspected error and approximately when the error took place.

c.   If you tell us orally, we may require that you send your complaint or question in writing to us within ten (10) Business Days.

d.   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 (ninety (90) days for errors or questions involving a transaction initiated outside of the United States or at a point-of-sale terminal or for new accounts) to investigate your complaint or question. If we decide to investigate your complaint or question, we will credit your Account within ten (10) Business Days (twenty (20) days for new accounts) 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.

e.   We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

 

12.    Financial Institution’s Liability. If we do not complete a payment or transfer on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are exceptions. We will not be liable for:

a.   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, or if the Account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds, or if any payment or transfer would go over the credit limit of any Account;

b.   If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction;

c.   If you have not given us complete, correct or current account numbers or other identifying information so that we can properly credit your Account or otherwise complete the transaction, or if you do not properly follow our instructions, or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware;

d.   If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due;

e.   If the money in the Account from which a payment or transfer is to be made is subject to legal process or if other claims restrict the transaction, or if circumstance or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken;

f.    If the failure was caused by a fire, or other catastrophe, or by an electrical or computer failure or by other causes beyond our control, or if we have a reason to believe that the transaction requested is unauthorized; and,

g.   For incidental or consequential damages.

 

13.    Electronic Mail. E-mail sent to us is not a secure method of communication and we recommend you do not send information by e-mail. We may disregard e-mail we receive from you, or we may act on it, at our option. You should not include confidential information, such as account numbers and balances in any e-mails to us. You cannot use e-mail to initiate transactions via Mobile Services. All such transactions must be initiated using the appropriate functions within Mobile Services. We will not be liable for any errors, omissions, claims or problems of any kind involving your e-mail.

 

14.    Confidentiality. We will disclose information to third parties about your Account(s) or the transfers you make:

a.   when it is necessary for completing transfers;

b.   in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant;

c.   in order to comply with government agency or court orders; and,

d.   if you give us your written permission.

 

15.    Limitations on Transfers. You must have enough money or credit in the Account from which you instruct us to make a payment or transfer. If any of your Accounts are savings accounts, certain types of withdrawals from those accounts, including payments and transfers, are limited to a total of no more than six (6) per month. The kinds of withdrawals covered by this limitation are those made by means of preauthorized or automatic transfers and payments or telephone agreement, or check. You also agree to the Terms & Conditions of your Deposit Account that you received when you opened your deposit account.

 

16.    Privacy and User Information. You acknowledge that in connection with your use of the Services, we and our affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or software (collectively "User Information"). We and our affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. We and our affiliates and service providers also reserve the right to monitor use of the Services and software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

 

17.    Restrictions on Use. You agree not to use the Services and Software in, or for, any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, "spam," and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by us (in our sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm our reputation or any third-party service provider involved in the provision of the Services; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose us, or any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv, Inc. or any third party. You agree that you will not attempt to: (a) access any software or Services for which your use has not been authorized; (b) use or attempt to use a third party’s account; (c) interfere in any manner the provision of the Services or software, the security of the Services or software, or other customers of the Services or software; or (d) otherwise abuse the Services or software.

MOBILE REMOTE DEPOSIT CAPTURE

 

This Mobile Remote Deposit Capture Terms and Conditions provides the general rules that apply to your use of Bank’s Mobile Remote Deposit Capture for remote deposit capture services. Mobile Remote Deposit Capture provides you with the option of making Electronic Deposits to your Bank deposit account. You agree that the remote deposit capture services using Mobile Remote Deposit Capture shall be governed by these terms and conditions and other relevant terms of the agreement(s) governing the deposit account into which checks are deposited (including, but not limited to, Bank’s "Understanding Your Deposit Account," "Service Charges" and "Electronic Funds Transfer" brochures), and that Bank may change or discontinue the terms and conditions for Mobile Remote Deposit Capture at any time.

 

1.  Definitions

a.   "Check Image" is an electronic image of an original paper check or an electronic image of a Substitute Check that is created by You, Bank or another bank or depository institution in the check collection system.

b.   "Check Image Metadata" is information about the Check Image, as well as pointers to the actual image data (also known as image tags).

c.   "Customer System" is the computer hardware, software and web-based applications located at Your site that is used by You to prepare Electronic Deposits and to access the Mobile Remote Deposit Capture remote deposit capture services.

d.   "Mobile Remote Deposit Capture" or "Mobile Check Deposit" is the remote deposit capture service governed by this Mobile Remote Deposit Capture Terms and Conditions that allows you to receive a check to deposit electronically at Bank.

e.   "Electronic Deposit" is electronic information (including Check Images, Check Image Metadata, MICR Data, or dollar amount information), obtained from capturing information from an original paper check, that is transmitted to Bank for deposit, processing and collection.

f.    "MICR Data" is information from the Magnetic Ink Character Recognition stylized printing on the bottom of checks comprising of routing, transit, account and check serial numbers.

g.   "Remote Deposit Capture System" is Bank’s computer systems and databases that You may access in order to use Mobile Remote Deposit Capture.

h.   "Substitute Check" is a paper check document that meets the definition of a "substitute check" in the Check Collection for the 21 Century Act as implemented by Regulation CC of the Federal Reserve Board.

 

2.  Processing Options

As part of Mobile Remote Deposit Capture’s remote deposit capture services, checks may be processed as a Check Image or Substitute Check. You capture and convert checks received into Check Images and transmit Check Images to Bank for processing and collection. Bank will collect such Check Images through the check collection system by presenting or exchanging Check Images or using Check Images to create Substitute Checks for collection.

 

3.  Mobile Remote Deposit Capture Requirements You shall at all times maintain an account with Bank. You agree to not use Mobile Remote Deposit Capture in a location outside the United States.

 

4.  Determination of Items Eligible for Mobile Remote Deposit Capture

a.   Bank shall have no liability to you or any other person in the event that your deposited check is processed as, or converted by Bank to, a Check Image or Substitute Check.

b.   Only a draft, payable on demand, and drawn on or payable through or at an office of a bank, is eligible for deposit as a Check Image. Without limiting the generality of the preceding sentence, the following items are not eligible for deposit as Check Images under Mobile Remote Deposit Capture, and you must deposit these original paper checks with Bank for collection: (i) U.S. Treasury Checks, (ii) checks, including travelers checks, that are drawn on banks located outside of the United States,(iii) checks payable in a medium other than U.S. dollars, (iv) non-cash items (as defined under Section 229.2(u) of Federal Reserve’s Regulation CC), (v) promissory notes and similar obligations, such as savings bonds, (vi) third party checks, (vii)Substitute Checks, and (viii) any other class of checks or drafts as identified by Bank to you from time to time.

c.   Customer shall physically endorse each paper check and ensure all other necessary endorsements are obtained prior to capturing Check Images for transmission to Bank.

 

5.  Capture of Checks and Check Information

a.   You shall be responsible for accurately capturing an image of each paper check and the correct dollar amount of the check into the System. In the event the condition of a paper check precludes a complete automated read, you shall be responsible for visually inspecting the check. You shall be responsible for the inspection of all Check Images to ensure the legibility of the Check Image (including without limitation the dollar amount and signature of the person who signed the check (the "drawer"), and for ensuring that any and all information on a paper check is accurately captured and legible in the resulting Check Image and otherwise complies with any Check Image quality standards and guidelines that may be established by ANSI, ECCHO Rules, the Federal Reserve, other applicable regulatory agency or clearinghouse, or that Bank may provide to you from time to time. You acknowledge that current image technology may not capture all security features (e.g. watermarks) contained in the original paper checks, and agree to assume any and all losses resulting from claims based on security features that do not survive the image process.

b.   You further acknowledge that Bank does not verify the accuracy, legibility or quality of the Check Image or MICR Data prior to processing an Electronic Deposit. Bank may, in its sole discretion, reject, repair, alter, amend, reformat or convert the Check Image Metadata or MICR Data submitted in an Electronic Deposit in accordance with general check collection practices and industry presentment standards, but Bank shall have no obligation to reject, repair, alter, amend, re-format or convert the Check Image Metadata or MICR Data. If Bank requires that you comply with certain formatting standards or other guidelines when submitting Electronic Deposits and you declines to implement, or comply with, such standards or guidelines, you acknowledges that Bank shall not be liable for any error or loss that results from Bank processing such Electronic Deposit or from Bank’s re-formatting or conversion of the Electronic Deposit prior to processing.

c.   Bank shall not be liable to you for failure to process an Electronic Deposit, or any error that results in processing or collecting an Electronic Deposit: (i) for which you have not provided Bank with full and correct MICR Data and dollar amount from the original paper check; (ii) for which you have not provided an accurate and legible image of the original paper check, (iii) for which you have failed to comply with formatting standards or other guidelines required by Bank; or (iv) which would violate this Agreement.

 

6.  Upload of Electronic Deposit to Bank

a.   Mobile Check Deposits will post to your account within two Business Days. Once your deposit has posted to your account, normal funds availability policy will apply.

b.   An Electronic Deposit is received when the entire Electronic Deposit transmission in which that Electronic Deposit is contained is received by Bank in accordance with section 6.a. above. If only a portion of that Electronic Deposit transmission is received by Bank for any reason, including without limitation a failure during the transmission to Bell State Bank & Trust, the Electronic Deposit transmission is deemed to have been not received by Bank with respect to any ElectronicDeposit contained in that Electronic Deposit transmission (including any Check Image contained in the portion of that Electronic Deposit transmission that was received).

c.   Bank will process Electronic Deposit transmission received from Customer via Check Image collection only. Mobile Remote Deposit Capture will not process Substitute Checks or checks through ACH conversion.

 

7.  Collection of Check Images

Notwithstanding anything to the contrary in this Agreement, Bank may in its sole discretion determine the manner in which Bank will seek to collect a Check Image deposited by you. Without limiting the generality of the preceding sentence, Bank may, at its option: (i) present or transfer the Check Image to the paying bank, a Federal Reserve Bank, image share/exchange network, or other collecting bank; (ii) create a Substitute Check from the Check Image and collect the Substitute Check; or (iii) request that you provide to Bank the original paper check from which the Check Image was created and then collect the original paper check.

 

8.  Returns

Customer agrees that Bank may charge the account for any and all returned items, including a returned Check Image.

 

9.  Representment of Returns

In the event Bank, in its sole discretion, determines that it requires the original paper check for representment in order to collect a returned Check Image, you shall be responsible for providing to Bank the original paper check, or if the original paper check has been destroyed, for obtaining a replacement check.

 

10.    Items or Images Received for Deposit

Bank reserves the right to reject any deposit (as an Electronic Deposit or otherwise) for any reason. Bank will notify the you of the rejection of any deposit.

 

11.    Retention and Destruction of Original Paper Checks

You shall destroy the original paper check based on guidelines identified in the Mobile Check Deposit Procedures document found at www.bellbanks.com and shall securely store the original paper check until destruction.

 

12.    Representations and Warranties

With respect to each Check Image or Electronic Deposit that you transmit to Bank, you are deemed to make any representation or warranty that would have applied had you deposited the original paper check. In addition you are deemed to make to Bank any representation or warranty that Bank makes, under applicable law, clearinghouse rule, Federal Reserve Operating Circular, bi-lateral agreement or otherwise, to any person (including without limitation a collecting Bank, a Federal Reserve Bank, a Receiving Depository Financial Institution, a paying bank, a returning bank, the drawee, the drawer, any endorser, or any other transferee) when Bank transfers, presents or originates the Electronic Deposit or Check Image, or a Substitute Check created from that Check Image. These representations and warranties include but are not limited to, that: (a) the transmissions contain accurate images of the front and back of the original checks; (b) the transmissions contain all necessary endorsements up until the original checks are imaged; and (c) no depository bank, drawee, drawer, or endorser will be asked to make a payment based on an item that it has already paid.

 

13.    Your Responsibility

With respect to each Check Image or Electronic Deposit that you transmit to Bank, you shall indemnify and hold Bank harmless from and against any and all claims, demands, damages, losses, liabilities, penalties and expenses (including, without limitation, reasonable attorney fees and court costs at trial or on appeal) arising directly or indirectly: (a) from breach of a representation or warranty as set forth in section 12 above, (b) as a result of any act or omission in the capturing, creation or transmission of the Check Image or Electronic Deposit, including without limitation the encoding of the MICR Data from the original paper check; (c) from any duplicate, fraudulent or unauthorized check, Check Image or Substitute Check; or (d) for any loss caused by Bank’s acceptance or creation of a Check Image instead of presentment of the original paper check; or (e) from any other act or omission arising out of Bank’s action or inaction taken pursuant to any request by you or pursuant to this Agreement. This section 13 shall survive termination of the Agreement.

 

14.    Limited Use

You may use Mobile Remote Deposit Capture and the Remote Deposit Capture System for personal use for as long as Bank in its sole discretion provides Mobile Remote Deposit Capture.

 

15.    Rules Applicable to Collection of Checks

You acknowledge and agree that a Check Image or Substitute Check may, in the sole discretion of Bank, be collected through one or more check clearinghouses, one or more Federal Reserve Banks, or an agreement with another financial institution or image share/exchange network. In such cases, the Check Image or Substitute Check is subject to the rules of that clearinghouse, Federal Reserve Bank, or image share/exchange network or financial institution agreement.

 

16.    Accuracy and Timeliness of Mobile Remote Deposit Capture

Bank will use reasonable efforts to provide Mobile Remote Deposit Capture services in a prompt fashion, but shall not be liable for temporary failure to provide Mobile Remote Deposit Capture services in a timely manner. In such event, you shall be responsible for carrying out banking business through alternative channels. Bank shall not be liable for any inaccurate or incomplete information with respect to transactions which have not been completely processed or posted to Bank’s deposit or payments system prior to being made available pursuant to the Mobile Remote Deposit Capture System. Information with respect to all transactions is provided solely for your convenience, and you shall have no recourse to Bank as to use of such information.

 

17.    Security Procedures

You shall comply with all security procedures for Mobile Remote Deposit Capture that are established by Bank or set forth in any written user requirements communicated to you. You are solely responsible for (i) maintaining its own internal security procedures, (ii) safeguarding the security and confidentiality of any information obtained from your deposited checks, Check Images and other information that is either printed from, stored on, or downloaded to, the System, Remote Deposit Capture System, or other computer/data systems or portable media; and (iii) preventing errors or unauthorized access to the System or the Remote Deposit Capture System.


 


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