November 16, 2017
Community State Bank
Online Banking Service Agreement and Disclosure
PLEASE READ THE FOLLOWING AGREEMENT AND DISCLOSURE CAREFULLY BEFORE YOU ENROLL IN COMMUNITY STATE BANK’S ONLINE BANKING SERVICE. YOU MAY NOT ENROLL IN OR USE THIS SERVICE WITHOUT FIRST ACKNOWLEDGING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
TERMS AND DEFINITIONS
The following terms and definitions apply in this Agreement:
"Account" means your account(s) at Bank, such as deposits and loans, from which you will conduct transactions using the Service. You must have an open account with Bank in order to use the Service;
"Business day" means every day, except Saturdays, Sundays, federal holidays, and days the Bank is closed;
“Service” refers to Community State Bank’s Online Banking Service;
"We", "Us", "Our", “Bank”, and “CSB” refer to Community State Bank which offers the Service and holds the account(s) accessed by the Service, and any agent, contractor, service provider, licensor, designee, or assignee Bank may involve in the provision of the Online Banking Service;
“You” and “Your(s)” refer to the account holder(s) or any authorized representative who enrolls in and/or uses the Service.
This Agreement and Disclosure (the "Agreement") states the terms and conditions that apply for use of our Online Banking Service (the "Service"). Bank reserves the right to modify this Agreement at any time, effective upon 30 days notice to you via postal letter at the last address you have given us, e-mail message, or as posted when accessing the Services, unless an immediate change is necessary to ensure the security of the Service. Use of the Service or attempting to connect to the Service, constitutes your agreement with these terms, conditions, instructions and any modifications thereof.
You have requested the Bank to permit you with internet-based electronic access to your Bank account(s). Subject to the terms, conditions, and covenants set forth in this Agreement, Community State Bank agrees to provide this Service. You agree to utilize the Service in accordance with this Agreement.
You agree the Service will be subject to the following:
• The terms or instructions appearing on a screen when using Service;
• The rules and regulation of any fund transfer system used in connection with Service; and
• Federal and state laws and regulations, as applicable.
Furthermore, you agree that the terms and conditions contained herein apply to accounts held for consumer or household purposes only.
You agree the following uses of the Service are strictly prohibited:
- Unauthorized communications of any transaction, charge, transfer, or credit-card information belonging to any other person or entity;
- Unauthorized communication of any information concerning any password or other online access number, code, or identification or any other proprietary information belonging to any other person or entity (other than a co-owner);
- Use of the Service to copy or to distribute or transmit copies of copyrighted materials belonging to any other person or entity, including Bank, except to the extent that the owner has provided express written permission to you permitting such activity.
- Communicating any obscene or defamatory materials or information including but not limited to materials on bulletin boards or in conjunction with electronic mail ("e-mail") to Bank.
- Use of the Service in violation of any telecommunication, postal, or other federal or local laws or regulations of your country of origin or of the United States or in furtherance or in the commission of any crime or other unlawful or improper purpose.
- Use of the Service to complete or attempt to complete transactions that involve countries under sanction by the United State Government and Specially Designated Nationals (SDN) or any other conduct that is in violation with the Office of Foreign Asset Control Regulations.
- You agree not to use the Service 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 Service 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 Community State Bank (in its 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 the reputation of Community State Bank or any third-party service provider involved in the provision of the Service; (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 Community State Bank, any third-party service provider involved in providing the Service, any other third party to liability, or any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv 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; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of the Service, the security of the Service, or other customers of the Service; or (d) otherwise abuse the Service.
RELATION TO OTHER AGREEMENTS
Except where it is noted in this Agreement, all Services are subject to the terms and conditions provided at account opening and the Fee Schedule provided to you at the time you opened your Bank account(s), or as may be updated by us. We will provide you with a notice of any such change as required by law.
SECURITY & PASSWORD
- You acknowledge and agree that the Bank, in granting your request for the Service, shall establish reasonable security procedures to facilitate each owner or authorized representative exclusive access to the Service as requested herein. You acknowledge and accept full responsibility for maintaining the confidentiality of the security procedures and will not give or make available your password or other means to access your account to any unauthorized individuals in an effort to safeguard against unauthorized transactions.
- You are responsible for all transactions you authorize using the Service If you permit other persons to use the Service or your password or other means to access your account, you are strictly responsible for all transactions they authorize.
- If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Bank at once by calling a Customer Care Representative at (515) 331-3100. Customer Care Representatives are available as posted on our website (www.bankcsb.com).
- You acknowledge that the purpose of such security procedures is for verification of authenticity and not to detect an error in the transmission or content of a transaction.
- The occurrence of unauthorized access will not affect any transactions made in good faith by the Bank prior to receipt of such notification and within a reasonable time to prevent unauthorized transactions.
- No security procedures for the detection of any such error have been agreed up with the Bank and you.
- Notwithstanding the Bank’s efforts to ensure that the Service is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the internet and potentially can be monitored and read by others. Bank cannot and does not warrant that all transactions utilizing the Bank’s Service or email transmitted to and from the Bank, will not be monitored or read by others.
- Bank will undertake no action to monitor transactions through the Service to determine the person accessing the account information was authorized.
TRANSFER CUTOFF TIME
Subject to the terms of this Agreement, you will generally be able to access your account(s) through the Service seven days a week, 24 hours a day. A transfer completed through the Service before the transfer cutoff time on a business day will be posted to your account on that same day. All transfers completed after the transfer cutoff time on a business day or on a day that is not a business day, will be posted on the next business day. The transfer cutoff time is 6:00 pm (central time) on a business day.
LIMITS ON AMOUNTS AND FREQUENCY OF TRANSFERS
The number of transfers from Bank account(s) and the amount which may be transferred is limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
STOP PAYMENT REQUESTS
You may request the Service to initiate stop payment requests online for paper checks written (non-electronic) on Bank account(s). You must make any stop payment order in the manner required by law and Bank must receive it in time to give us a reasonable opportunity to act on it before Bank's stop payment cutoff time. To be effective, this type of stop payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check. The Bank's stop payment cutoff time is one hour after the opening of the next banking day after the banking day on which Bank receives the item. Additional limitations on Bank's obligation to stop payment are provided by law (for example, Bank paid the item in cash or Bank certified the item). The stop payment order is effective for six (6) months. A stop payment order may be renewed for additional six (6) month periods if renewed during a period within which the stop payment order is effective. You may incur a stop payment fee plus applicable tax for each Stop Payment requested.
PAYMENT FOR SERVICE
You agree to pay fees for the Service in accordance with the CSB Fee Schedule provided to you at the time you opened your account and as updated by us from time to time. We may automatically deduct these fees from your Account. CSB reserves the right to modify the fees, service charges, and terms at any time, effective upon 30 days notice to you via postal letter at the last address you have given us, e-mail message, or as posted when accessing the Services, unless an immediate change is necessary to ensure the security of the Service. Use of the Service or attempting to connect to the Service, constitutes your agreement with these fees, service charges, terms, conditions, instructions and any modifications thereof.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
We may disclose information about you, your Account or transactions on your Account as provided in your account terms and conditions and Privacy disclosures. We will disclose information to third parties about your account or the transfers you make: 1) where it is necessary for completing transfers; or 2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or 3) in order to comply with government agency or court orders; or 4) if you give us written permission.
Because e-mail is not secure, do not disclose information such as your account number(s), credit card number, or social security number in e-mail communication with the Bank. If you need to discuss more specific information with us, please call a Customer Care Representative at (515) 331-3100 Monday through Friday 7:30 am - 6:00 pm, or Saturday 9:00 am - Noon (central time). E-mail can be a useful tool for transmitting information of a general nature; however, e-mail is not a secure means of communication. You should contact us in person or by phone if you need to discuss specific account information. If you do send CSB an e-mail after normal business hours, it will be deemed to have been received on the following business day. CSB will have a reasonable time to act on your e-mail. You should not rely on e-mail if you need to communicate with CSB immediately. For urgent matters such as if you need to report the loss or theft of your password, contact the Bank in person or by telephone.
You agree that CSB may respond to you by e-mail with regard to any matter related to the Services. This includes, but is not limited to, responding to a claim of unauthorized electronic funds transfer that you make. Any such e-mail shall be considered received by you within three (3) calendar days of the date that it was sent by CSB, regardless of whether you sign onto your e-mail service provider within that time frame.
You will not receive a separate Online Banking statement. Transfers to and from accounts using the Service will appear on the respective periodic bank statements for your Bank account(s). It is important to review account statement(s) immediately upon receipt.
BANK RESPONSIBILITIES; LIABILITY; LIMITATIONS ON LIABILITY; INDEMNITY
You agree to indemnify, hold harmless, and defend Bank from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses) at your sole expense, arising from your failure to abide by these restrictions on use of the Service.
(a) In the performance of the services required by this Agreement, Bank shall be entitled to rely solely on the information, representations, and warranties provided by you pursuant to this Agreement, and shall not be responsible for the accuracy or completeness thereof. Bank shall be responsible only for performing the Service(s) expressly provided for in this Agreement, and shall be liable only for its negligence or willful misconduct in performing this Service(s). You agree to indemnify Bank against any loss, liability or expense (including attorneys' fees and costs) resulting from or arising out of any claim of any person that the Bank is responsible for any act or omission of you or any other person described.
(b) Bank shall be liable only for your actual damages due to claims arising solely from Bank’s obligations to you with respect to Transactions pursuant to this Agreement; in no event shall Bank be liable for any consequential, special, incidental, punitive or indirect loss or damage which you may incur or suffer in connection with this Agreement, whether or not the likelihood of such damages was known or contemplated by the Bank and regardless of the legal or equitable theory of liability which you may assert, including, without limitation, loss or damage from subsequent wrongful dishonor resulting from Bank’s acts or omissions pursuant to this Agreement.
(c) Without limiting the generality of the foregoing provisions, Bank 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 communication facilities, equipment failure, war, emergency conditions or other circumstances beyond Bank’s control. In addition, Bank shall be excused from failing to transmit or delay in transmitting Transaction if such Transaction would result in Bank’s having exceeded any limitation upon its intra-day net funds position established pursuant to present or future Federal Reserve guidelines or in Bank’s reasonable judgment otherwise would violate any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other U.S. governmental regulatory authority.
CHANGE OF MAILING OR E-MAIL ADDRESSES:
In order to properly provide disclosure of important information, you hereby agree to promptly notify Bank of any change of your mailing address and e-mail address. You may contact the Bank in person to complete a change of address form, or mail your address change information to us at:
Community State Bank
P.O. Box 127
Ankeny, IA 50021
You may change your primary e-mail address by selecting Profile when you are logged in to the Online Banking Service, or you may notify us and we will make the update.
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 account statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
ERROR RESOLUTION NOTICE
In Case of Errors or Questions About Your Electronic Transfers, telephone us at (515) 331-3100 or write us at P.O. Box 127, Ankeny, Iowa 50021, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
(1) Tell us your name and account number (if any).
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days.
We will determine whether an error occurred within ten (10) Business Days (twenty (20) Business Days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) Business Days (twenty (20) Business Days if the transfer involved a new account) 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. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
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.
TERMINATION OR DISCONTINUATION
In the event you wish to discontinue the Service, you must contact us in writing. Written notice of service discontinuance must be supplied ten (10) Business Days prior to the actual discontinuation date and must be delivered in person at any Bank branch office or mailed to us at:
Community State Bank
P.O. Box 127
Ankeny, IA 50021
If the Service is not used at least one time during the first 180 days, Bank may terminate your Online Banking access and delete your user information, or charge an inactivity fee. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.
This Agreement, terms and conditions and the Service are governed by the laws of the State of Iowa and applicable federal law, without regard to any different state, and its laws, from which you may access your account from time to time.
ELECTRONIC STATEMENTS (E-Statements)
By signing up for E-Statements, you recognize that you will no longer receive paper statements, or copies of your cancelled checks in the mail. However, at any time you may request to have E-Statements discontinued by calling our Customer Care Department at 515-331-3100, or in person at any Bank branch office. Although the Service is free, you may incur additional fees if you discontinue E-Statements and request to have paper statements and copies of your cancelled checks sent via regular mail. While you are enrolled in E-Statements , you may also request a paper copy of your statement. However, you may be charged a fee. To avoid fees, Electronic Statements are printable and downloadable using the .PDF format.
To provide notification to you when your Electronic Statements are available, we must have your current e-mail address. If you would like to modify any personal information, electronic contact information or change which accounts can be used with the E-Statement, you may call our Customer Care Department at 515-331-3100, or notify us in person at any Bank branch office.
From time to time we will conduct system software & hardware upgrades. Should any of these upgrades impair your ability to view and or manage E-Statements as you did prior to the upgrade, you have the option of withdrawing from the Electronic Statement program without penalty.
Joint Account Holders
If you are the owner of multiple accounts, you may have those accounts activated for E-Statements. Remember, when you activate E-Statements your paper statements stop coming to you in the mail. If you give your password to others who are named on the account with you, they will be able to see all accounts for which you have E-Statements activated.
REQUEST FOR RECORDS
If you request account records and we are able to provide them, there may be fees as stated in the CSB Fee Schedule provided to you when you opened your account, or as updated by us. We will provide you with a notice of any such change as required by law.
ELECTRONIC DISCLOSURE AND CONSENT
To the extent allowed by law, you agree that any communication from us to you, including but not limited to, disclosures, notices, agreements, confirmations, account statements, or other information required to be delivered in writing under applicable law, may be delivered to you by electronic delivery, and that such electronic delivery shall be in lieu of written communication.
You understand and agree that the Federal Electronic Signatures in Global and National Commerce Act applies to this Agreement.
In order to access your Online Banking and E-Statements, you will need a PC (or other access device), an Internet Service Provider and the ability to view PDF documents.
Acceptable browsers are:
• Apple Safari 6.0+ (for Mac OS only)
• Firefox (current version)
• Google Chrome (current version)
• Microsoft Edge (current version)
• Microsoft Internet Explorer 9.0
• Microsoft Internet Explorer 10.0*
• Microsoft Internet Explorer 11.0*
*not supported in ‘Metro’ mode
Acceptable Operating Systems:
• Microsoft Windows 7, 8, 8.1, 10
• Mac OS 10.7 and higher
It is recommended that you retain a paper copy or electronic copy of this Agreement and any other disclosures for your records. To retain an electronic copy of any communication, highlight the text of the communication and use your copy command. Then open an application such as Word or Notepad, use the paste command to paste the text of the Agreement into the application, and then save the communication to a file of your choice. If you cannot print this Agreement and wish to have a copy, one will be emailed to you. You can request this by sending an email to our Customer Care Department (firstname.lastname@example.org) or by calling 515-331-3100.
By accepting this Agreement and enrolling in the Online Banking Service, you have demonstrated your ability to access and retain the disclosures provided to you and have consented to receiving these and any future disclosures electronically. You are deemed to have received communications provided to you by e-mail when they are made available to you at your e-mail address of record. You must immediately notify us of any change in your e-mail address.
You have a right to withdraw your consent to receive electronic communication. If you withdraw your consent, the Online Banking Service will be canceled. To withdraw your consent, please mail your request to:
Community State Bank
P.O. Box 127
Ankeny, IA 50021
CSB will not impose a fee to process the withdrawal of your consent. Your consent withdrawal will be effective only after we have had a reasonable period of time to process your request. We reserve the right, in our sole discretion, to change or terminate electronic provision of documents. We will provide you with a notice of any such change or termination as required by law.
By checking “I Accept”, you agree you have the hardware and software listed above to be able to receive and retain the described disclosures electronically, and you agree with the terms and conditions contained in this Agreement.