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INTERNET BANKING AGREEMENT
The first time you access your accounts through Internet Banking,
you agree to be bound by the terms and conditions of this Internet
Banking Agreement ("Agreement") and acknowledge its receipt
and your understanding of its terms.
Introduction.
This Agreement explains the terms and conditions for accessing accounts
and conducting transactions at the State Bank of Richmond (“Institution”,
“we”, “us” and “our”) via our on-line
Internet Banking site(s) ("Internet Banking"). As used
in this Agreement, the terms "you" and "your"
refer to each person signing an Internet Banking Application.
Benefits of Internet Banking.
Through Internet Banking, you can manage eligible accounts from
your home or office on a personal computer. Internet Banking can
be used to conduct any of the following “On-line Financial
Services”:
Obtain balances and transaction histories on all eligible accounts
enrolled in Internet Banking (All account balances and transaction
histories reflect activity through the close of the previous banking
day);
Transfer money between eligible accounts (The number of transfers
you can make from account is limited as described in the applicable
account agreement. In addition, if a hold is placed on any funds
deposited in an eligible account, you may not transfer the portion
of funds being held until that hold expires); transfer money to
pay Institution for overdraft protection, consumer loans, home equity
loans, or certain other eligible loans; and pay bills to any merchant,
financial institution or an individual with a U.S. address.
Institution may, from time to time, introduce new On-line Financial
Services. By using those services when they become available, you
agree to be bound by the terms contained in this Agreement, and
its subsequent amendments.
Security & Protecting Your Account.
We are strongly committed to protecting the security and confidentiality
of our customer accounts information. We use several techniques
to help secure our Internet Banking service, including the following:
- You can only access Institution with certain
browsers that have a high security standard.
- Your account numbers are never displayed
in full - only the last 3 digits can be viewed.
- You must have a valid Internet Banking ID
and personal identification number ("PIN") to logon.
- You must complete the dual authentication
enrollment. This consists of user authentication, "how we
identify you when you log in" and institution authentication,
"how you identify you are at our website." This process
consists of choosing a series of Challenge Questions if you are
logging into Internet Banking from an unknown computer (you can
register computers that you use regularly) and choosing a unique
image and welcome phrase.
- If no action is taken for 10 minutes, you
will be automatically logged off the Internet Banking service.
- For security reasons, when you’re finished
using our Online Banking System, you should always Exit and clear
the disk cache of your browser (this will remove the pages you
viewed so nobody else can view them).
- We will NOT communicate with you
via email and ask you to enter confidential information, such
as account numbers, passwords or PINs. If you believe that you
have received or responded to this type of email, please notify
our institution immediately. To explain the red flags and risks
of “phishing” and identity theft, follow these links
distributed by the Federal Trade Commission (FTC), including the
following FTC brochures:
“How Not to Get Hooked by the ‘Phishing’
Scam,” published in July 2003, which is available at:
http://www.ftc.gov/bcp/conline/pubs/alerts/phishingalrt.htm
“ ID Theft: When Bad Things Happen to Your Good Name,”
published in September 2002, which is available at: http://www.ftc.gov/bcp/conline/pubs/credit/idtheft.htm
Requirements.
To access On-line Financial Services you must have Windows: Internet
Explorer 5.0 and 6.0, Netscape Navigator 4.08, and Netscape Communicator
7.01 or compatible web browser and 128 bit data encryption.
In addition to compatible software, you must have an Internet Banking
ID, a personal identification number ("PIN") and maintain
one or more eligible accounts at Institution.
Any account that requires two or more signatures to make withdrawals,
transfers or other transactions is not eligible for On-line Financial
Services. A customer that has Power of Attorney for an account will
not be allowed to access that account on-line.
On-line PIN.
Your PIN will give you access to Institution accounts via Internet
Banking. Institution is entitled to act on any instructions it receives
using your PIN. For security purposes, it is recommended that you
memorize your PIN and do not write it down. We also recommend that
you change your PIN regularly to try and avoid misappropriation
by a third party. On business accounts, we suggest you limit the
number of people with access to your PIN number. Your PIN can be
changed at our Internet Banking site. You are responsible for keeping
your PIN and account data confidential. When you give someone your
PIN, you are authorizing that person to use Internet Banking and
the On-line Financial Services. You are responsible for all transactions
performed using your PIN, even if you did not intend or authorize
them. In addition, fraudulent transactions initiated using your
PIN will be charged against your account(s).
Accessibility.
You can usually access On-line Financial Services seven (7) days
a week, twenty-four (24) hours a day. However, at certain times,
some or all of Internet Banking or On-line Financial Services may
not be available due to system maintenance or reasons beyond Institution's
control. Institution does not warrant that Internet Banking or On-line
Financial Services will be available at all times. When unavailable,
you may use our 24-hour telephone banking system at 320-597-5000
or an automated teller machine (“ATM”) to conduct your
transactions or access cash. An On-line Financial Service transaction
initiated prior to 3:00 p.m. (Central Time) on a banking day is
posted to your account the same day. All transfers completed after
3:00 p.m. (CentralTime), or on a non-banking day, will be posted
the following banking day.
Restrictions.
You may not appropriate any information or material that violates
any copyright, trademark or other proprietary or intellectual property
rights of any person or entity while using the Internet Banking
or On-line Financial Services. You may not gain, or attempt to gain,
access to any Internet Banking and/or On-line Financial Service
server, network or data not specifically permitted to you by Institution
or its suppliers, and you must not include any obscene, libelous,
scandalous or defamatory content in any communications with Institution
or its suppliers.
Responsibility.
Neither Institution nor its suppliers will be liable for any transaction
if: (i) you do not have enough money in your account to complete
the transaction; (ii) a legal order prohibit withdrawals from your
account; (iii) your account is closed or has been frozen; (iv) the
transaction would cause your balance to go over the credit limit
for any credit arrangement set up to cover overdrafts; (v) you,
or anyone you allow, commits fraud or violates any law or regulation
in connection with Internet Banking or On-line Financial Services;
(vi) any electronic terminal, telecommunication device or part of
the electronic fund transfer system is not working properly; (vii)
you did not provide us with complete and correct payment or transfer
information; (viii) you did not properly follow the instructions
for use of Internet Banking or On-line Financial Services; (ix)
you knew that Internet Banking and/or the On-line Financial Services
were not operating properly at the time you initiated the transaction
or payment; (xi) there is postal delay; or (xi) circumstances beyond
our control (such as fire, flood or improper transmission or handling
by a third party) that prevent, hinder or delay the transaction.
Fees and Charges.
Fees are disclosed in the User Info section in About Our
Fees found in our Online Banking system. Unless otherwise
specifically indicated, all fees shall be deducted automatically
on a monthly basis from a payment account you designate at Institution.
In the event your payment account has insufficient funds to cover
any fees, Institution may deduct the fees from any other account
you have at Institution in any order it chooses. If you close the
designated payment account, you must notify Institution and identify
a new payment account for the selected On-line Financial Services.
Additionally, if you close all Institution accounts, you must notify
Institution and cease all use of the On-line Financial Services.
If fees cannot be collected from any of your accounts, Institution
may cancel all or some of your On-line Financial Services. After
cancellation, Institution may reinstate some or all of the On-line
Financial Services, at its discretion, if you deposit sufficient
funds in your account(s) to cover any accrued fees and pending transfers
or debits. You are solely responsible for any telephone or internet
service provider charges incurred when using the On-line Financial
Services.
Unauthorized Transactions.
You should notify us immediately if you believe anyone has improperly
obtained your PIN or if you suspect any fraudulent activity in your
account(s). If your PIN has been compromised and you tell us within
two (2) business days of discovering the loss or misappropriation,
you can lose no more than $50. If you do not tell us within the
two (2) business day period, you could lose as much as $500 if we
could have stopped the use of your accounts had we received notice
in a timely manner. You should contact us, or the bill payment provider,
as applicable, as soon as you identify any errors or discrepancies
in your statement or transaction record, or if you need any information
about a transaction listed on the statement or transaction record.
We must hear from you no later than sixty (60) days after we have
sent the first statement on which the problem or error appeared
(If you notify us verbally, we may require that you send us your
complaint or question in writing or electronically within ten (10)
business days). If you fail to notify us within the sixty (60) day
period, you may not recover any of the money you lost if we can
establish that the loss could have been avoided had you notified
us on time. We may extend these time periods for good reasons such
as out-of-town travel or extended hospital stays.
When you report a problem or discrepancy, please: (i) tell us
your name and account number; (ii) describe the error or the transaction
you are unsure about, and explain why you believe it is in error
or what additional information you need; (iii) tell us the dollar
amount of any suspected error; and (iv) for a bill payment, tell
us the number of the account used to pay the bill, the applicable
payee name and account number, the date the payment was sent, the
payment amount and the payment reference number. Generally speaking,
we will tell you the results of our investigation within ten (10)
business days, or twenty (20) business days in the case of point
of sale or international transactions, after we hear from you. However,
we may take up to forty-five (45) days, or ninety (90) days in the
case of point of sale or international transactions, to investigate
your complaint or question. In this case, we may provisionally credit
your account so that you have use of the money during the time it
takes us to complete our investigation. If you fail to provide your
complaint or question in writing within ten (10) business days of
a request from us to do so, we reserve the right to not credit your
account. If we confirm an error, we will correct your account record
within ten (10) business days, or twenty (20) business days in the
case of point of sale or international transaction. If we determine
that there was no error, we will send you a written explanation
within three (3) business days after we conclude our investigation
and will debit any interim amounts credited to your account. You
may request copies of any documents that we use in our investigation.
Electronic Mail (E-mail).
Sending E-mail is a very good way to communicate with Institution
regarding your accounts or the On-line Financial Services. However,
your e-mail is actually sent via your own software and, as a result,
is not secure. Because of this, you should not include confidential
information, such as account numbers and balances in any e-mail
to Institution. You cannot use e-mail to initiate On-line Financial
Service transactions. All such transactions must be initiated using
the appropriate functions within the Internet Banking site. Institution
will not be liable for any errors, omissions, claims, or problems
of any kind involving your e-mail.
We will NOT communicate with you via email and ask you
to enter confidential information, such as account numbers, passwords
or PINs. If you believe that you have received or responded to
this type of email, please notify our institution immediately.
To explain the red flags and risks of “phishing” and
identity theft, follow these links distributed by the Federal
Trade Commission (FTC), including the following FTC brochures:
“How Not to Get Hooked by the ‘Phishing’ Scam,” published
in July 2003, which is available at: http://www.ftc.gov/bcp/conline/pubs/alerts/phishingalrt.htm
“ ID Theft: When Bad Things Happen to Your Good Name,” published
in September 2002, which is available at: http://www.ftc.gov/bcp/conline/pubs/credit/idtheft.htm
Disclosure of Information.
Information submitted to Institution or its suppliers is the property
of those parties, and they are free to use and disclose that information,
or any ideas, concepts, know-how or techniques contained in that
information to any third party for any purpose whatsoever, except
as specifically agreed by Institution or prohibited by law.
Links to other Sites.
Information that Institution publishes on the World Wide Web may
contain links to other sites and third parties may establish links
to Institution’s site. Institution makes no representations
about any other web site that you may access to, from or through
this site. Unless expressly stated in writing, Institution does
not endorse the products or services offered by any company or person
linked to this site nor is Institution responsible for any software
or the content of any information published on the site of any third
party. You should take precautions when downloading files from sites
to protect your computer software and data from viruses and other
destructive programs.
Virus Protection.
Institution is not responsible for any electronic virus that you
may encounter using the On-line Fund Services. We encourage you
to routinely scan your computer and diskettes using reliable virus
protection product to detect and remove viruses. If undetected and
unrepaired, a virus can corrupt and destroy your programs, files
and hardware.
Damages and Warranties.
In addition to the terms previously disclosed, Institution is not
responsible for any losses, errors, injuries, expenses, claims,
attorney’s fees, interest or other damages, whether direct,
indirect, special, punitive, incidental or consequential, (collectively,
“Losses”) caused by Internet Banking or the use of the
On-line Financial Services or in any way arising out of the installation,
use or maintenance of your personal computer hardware or software,
including any software provided by Institution or one of its suppliers.
In addition, Institution disclaims any responsibility for any electronic
virus(es) Customer may encounter after installation of such software
or use of Internet Banking or the On-line Financial Services. Without
limiting the foregoing, neither Institution nor its suppliers shall
be liable for any: (i) failure to perform or any Losses arising
out of an event or condition beyond their reasonable control, including
but not limited to communications breakdown or interruption, acts
of God or labor disputes; or (ii) the loss, confidentiality or security
of any data while in transit via the Internet, communication lines,
postal system or ACH network. Institution and its suppliers provide
Internet Banking and the On-line Financial Services from their own
sites and they make no representation or warranty that any information,
material or functions included in Internet Banking or the On-line
Financial Services are appropriate for use by you in your jurisdiction.
If you choose to use Internet Banking and/or the On-line Financial
Services, you do so on your own initiative and are solely responsible
for compliance with applicable local laws and regulations. Neither
Institution nor its suppliers warrant the adequacy, accuracy or
completeness of any information provided as a part of Internet Banking,
the On-line Financial Services, or contained in any third party
sites linked to or from Institution’s web site. INSTITUTION
MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY
OR PERFORMANCE OF INTERNET BANKING, ON-LINE FINANCIAL SERVICES,
OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. INSTITUTION
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE
OPERATION.
Indemnification.
Customer shall indemnify, defend and hold harmless Institution and
its officers, employees, directors, suppliers and agents, in their
individual capacities or otherwise, from and against any Losses
arising out of: (i) Customer’s negligence; (ii) Customer’s
failure to comply with applicable law; or (iii) Customer’s
failure to comply with the terms of this Agreement.
Additional Remedies.
Due to the likelihood of irreparable injury, Institution shall be
entitled to an injunction prohibiting any breach of this Agreement
by Customer.
Termination and Changes in Terms.
Institution reserves the right to terminate this Agreement or to
change the charges, fees or other terms described in this Agreement
at any time. When changes are made, we will notify you by: 1) electronic
mail; 2) physical mail at the address shown in our records; and/or
3) update of our web site.
Applicable Rules, Laws, and Regulations.
You submit to the jurisdiction of, and this Agreement shall be governed
by the laws of, the State of Minnesota and with all applicable federal
laws and regulations.
Assignment.
Institution may assign its rights and/or delegate all or a portion
of its duties under this Agreement to a third party.
Integration.
This Agreement constitutes the entire understanding of the parties
with respect to the subject matter of this Agreement, and all prior
agreements, understandings and representations concerning such subject
matter are canceled in their entirety. Notwithstanding the foregoing,
this Agreement is in addition to any other agreements between you
and Institution.
Severability.
If there is a conflict between the terms and conditions of this
Agreement and one or more terms contained in another agreement between
you and the Institution, this Agreement will control.
Waiver.
Institution shall not, by the mere lapse of time, without giving
notice or taking other action, be deemed to have waived any of its
rights under this Agreement. No waiver by Institution of a breach
of this Agreement shall constitute a waiver of any prior or subsequent
breach of this Agreement.
Force Majeure.
Neither party shall be liable for any loss nor damage due to causes
beyond its control, including fire, explosion, lightning, pest damage,
power surges or failures, strikes or labor disputes, water, acts
of God, the elements, war, civil disturbances, acts of civil or
military authorities or the public enemy, inability to secure raw
materials, transportation facilities, fuel or energy shortages,
acts or omissions of communications carriers, or other causes beyond
that party’s control. Either party may terminate this Agreement
immediately on written notice if the other party is prevented from
performing its obligations under this Agreement for a period of
more than thirty (30) days due to the reasons set forth in this
subsection.
Construction.
This Agreement shall be construed equally against the parties regardless
of who is more responsible for its preparation. If there is a conflict
between a part of this Agreement and any present or future law,
the part of this Agreement that is affected shall be curtailed only
to the extent necessary to bring it within the requirements of that
law.
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