This is the agreement for your BANK VI NetTeller Online Services and it includes some disclosures for electronic funds transfers. This agreement is in addition to other agreements between us, including your checking, savings, and other deposit account agreements (which we provided in deposit disclosures) and your line of credit agreements. If there is a conflict between the terms and conditions of this agreement and one contained in the other agreements between us, this agreement will control.
In this agreement, the words "we", "us" or "our" mean BANK VI as appropriate and their successors or assigns. When we use the words, "you" or "your" we mean each person who has an interest in an account or other relationship, which is accessible through the BANK VI Online Services and any person authorized such access. BANK VI Online Services means that information, communication and transactions provided to you by us through any non-branch remote channel (excluding ATMs and Service), including the web site www.banksix.com within our area of service, including the following:
Account information, statement download, funds transfers and bill payments, stop payments, check inquiry and check reorder for account(s) established at BANK VI. When you use our services or you permit any other person or other entity to use our services, you agree to the terms and conditions we have set out in this agreement and any instructional material, which we provide you regarding the services. Your use of the services may be made by use of certain numbers, codes, marks, signs, public keys or other means of establishing your identity and acceptance of the electronic communications which are acceptable to us. All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering.
This Agreement is the entire agreement between you and us and it supersedes any marketing or other similar material pertaining to the services delivered to you in writing, verbally or obtained at our site or the site of an Internet Service Provider.
Once you are an enrolled user of the services, you may be charged the applicable monthly fee and/or usage fee whether or not you use the services (please see the Online Fee Schedule). You authorize us to automatically deduct all applicable charges and fees from checking account. If your service charge account is closed and you have another Eligible account, we may charge that account for fees owed for using your Online Service, as applicable, per your deposit agreement.
- Online Fees for Personal Accounts
Online Banking/Bill Payment Fees
Online Banking....................................................No Charge
Online Bill Payment per month..............................$4.95 (10 items)
- Online Fees for Business/Non-personal Accounts
Account access through the Internet, per month.....No Charge
Online Bill Payment, per month.............................$4.95 (10 items)
Cash Management, per month...….....................…$24.95
Fees will be charged for each calendar month and will appear on your regular periodic statement.
You are responsible for all transfers and bill payments you authorize using the services. If you permit other persons, or other entities, to use the services or your access codes, you are responsible for any transactions they authorize from your linked Eligible deposit accounts. You should notify us immediately at 785 825-4321 or write to: BANK VI Online Services, P.O. Box 77, Salina, Kansas 67402-0077, if you believe any of your accounts have been accessed or your access codes have been taken or used without your permission. Telephoning us right away will help you reduce possible losses. To the extent a transaction is an electronic funds transfer, you can lose no more than $50 if you notify us within four (4) business days of discovering any unauthorized use of the services or your Access Codes. However, you can lose as much as $500 if you do not notify us within four (4) business days of discovering the unauthorized use and we can prove that we could have stopped the unauthorized use had we been notified.
If you do not report unauthorized transactions that appear on any of your periodic statements within 60 days after such statements are mailed, you risk unlimited losses on transactions made after the 60 day period if we can prove that we could have prevented the unauthorized use had we been notified within this 60 day period. If a good reason (e.g. a long trip or a hospital stay) kept you from letting us know, we will extend the time periods.
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We, or a third party acting as our agent, are responsible for completing fund transfers and bill payments from your account(s) on time and according to your properly entered and transmitted instruction. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses and damage. However, neither we, nor the Service Provider will be liable:
- If you do not have adequate money in a deposit account to complete a transaction from the account, or if that account has been closed;
- If you have not properly followed Bill Payment service instructions on how to make a transfer or bill payment;
- If you have not given complete, correct and current instructions so that a transfer or bill payment can be made;
- If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due;
- If you request a payment amount that exceeds the minimum or maximum dollar limit for an individual payment;
- If a timely bill payment is made but the payee nevertheless does not credit your payment promptly after receipt;
- If withdrawals from any eligible accounts have been prohibited by a court order such as a garnishment or other legal process;
- If we or our agent reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed;
- If your equipment and/or the software were not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or bill payment;
- If circumstances beyond our or our agent's control prevent making a transfer or payment, despite reasonable precautions that we have taken. Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, fires, floods, and other natural disasters: There may be other exceptions to our liability as stated in your Deposit Agreement.
Reporting Unauthorized Transactions
If you believe that an unauthorized transaction has been or may be conducted from one of your Eligible personal or non-personal accounts without your permission:
- Call: 785 825-4321 (or toll free 1-855-825-4321)
- Write: BANK VI Online Services, P.O. Box 77, Salina, Kansas 67402-0077
- Fax: 785 825-4338
- E-mail: email@example.com
Electronic Fund Transfer Error Resolution
In case of errors or questions about any Bill Payment service transaction or other electronic transfer initiated from your account(s) under the services, contact us immediately. Telephone us at: 785 825-4321 or fax us at: 785 825-4338 or email us at: firstname.lastname@example.org.
If you think your statement is wrong or if you need more information about a transaction listed on the statement, we must hear from you no later than 60 days after we send or deliver to you the FIRST statement on which the problem or error appeared. To report an error you must provide us with the following information:
- Tell us your name and account number(s).
- Describe the suspected error or the nature of the problem, or describe what information you need.
- 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 10 business days. We will tell you the results of our investigation within 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 45 days to investigate your complaint or question, in which case, we will re-credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and do not receive it within 10 business days, we may not re-credit your account during the investigation. If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
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Business Days. Our business days are Monday through Friday except Federal bank holidays.
Customer Support Hours of Operation. A personal banker will be available to assist you from the hours of 8am to 5pm, Monday through Friday. Business days for bill payment transactions are defined as Monday through Friday, 8:00 a.m. to 2:00 p.m. Central Time, except Federal bank holidays. After 2:00 p.m. Central Time, transactions are processed the following business day.
Depending upon the particular features and the equipment you select, you may be allowed access to the following services by first entering your access codes:
Online Banking. You may use Online Banking to access account information and to make Funds Transfers between eligible accounts. Transfers made after 2:00 p.m. Central Time on a business day will be processed on the next business day.
Online Bill Payment. You may use Online Bill Payment to make one-time, future-dated, and repeating payments from an eligible account. We recommend all bill payments be scheduled at least five (5) business days in advance of the due date presented by the Payee. If the Payment Date falls on a Saturday, Sunday, or a Federal bank holiday the Payment Date will default to the next business day.
Bill Payment Services
Payees. Using the Bill Payment service, you may only pay established payees with United States addresses. While payments to most payees can be made using the Bill Payment service, we reserve the right to refuse to make payments to certain payees, such as alimony, child support, tax and other court directed or government payments, fines or penalties.
Authorization Payment. For all payments, you agree to allow at least five (5) business days between the date you schedule a payment to be made and the payment due date. When you have entered and transmitted a payment instruction through our Bill Payment Services you authorize us, or our agent, to reduce the balance in your Eligible personal or non-personal checking account accordingly.
Online Bill Payment. If there are insufficient funds in your eligible personal or non-personal checking account to make payments you have authorized, dependent on your type of service, we may a) refuse to pay the item, b) attempt to pay the item on two (2) consecutive subsequent business day(s) or c) make the payment and thereby overdraw your eligible personal or non-personal BANK VI checking account. In any event, you are responsible for any non-sufficient funds (NSF) and overdraft charges BANK VI may impose, as stated in your Deposit Agreement.
Stopping Bill Payments. If you wish to stop payment on a bill payment you previously authorized and it is too late to cancel or change the payment, follow the instructions below.
Contact us in time for us to receive your request three (3) business days or more before the next payment date. Contact us at 785 825-4321 or email us. If you call, we may require you to confirm your request in writing and get it to us within 14 days after you call. Requests for stopping bill payments after 2:00 p.m. Central Time on a business day will be processed on the next business day. If you tell us to stop a payment three (3) business days or more before a payment date, and we do not do so, we will be liable for your losses or damages.
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You will be mailed periodic statements for your eligible personal or non-personal account(s) with the regularity provided for in the deposit or line of credit ggreements. In addition to reflecting your other account activity, your statements will include any transfers or bill payments you authorize using the services.
Disclosure of Account Information to Others
As described below, we may disclose information to third parties about your accounts if:
- We have entered into an agreement to have another party provide the Bill Payment service or receive your account information. We will provide the third party with information about your linked deposit accounts, your services transactions, and your electronic mail messages in order to carry out your instructions;
- It is necessary for completing transfers and bill payments;
- It is necessary to verify the existence and condition of a payment account for a payee or holder of a check issued by use of the Bill Payment services;
- In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information;
- If you give us your written permission.
- As provided in our Privacy Notice, located at www.banksix.com
Equipment and Software
A personal computer with access to the Internet is required to access the services:
If you access the services by use of a personal computer, you agree: (1) to use Internet Services Provider software products (Software); (2) the software, and any future upgrades, must be loaded and operational on your personal computer and you must use a modem to access, when applicable, to access the services through the designated interface equipment and software; (3) to receive account information by electronic transmission of a visual display of the text; that 128-bit encryption is required for the use of the Online Bill Payment service. Any other software used by you in the future to access our system, if supported by us, will be provided and maintained by you at your expense.
Harm to Computer Systems/Data. You agree that our liability for viruses, worms, trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our site shall be limited to replacing, or the reasonable cost of replacing the lost information, software or other material. We will not be responsible or liable for any indirect, incidental or consequential damages which may result from such harmful components.
Performance of Software and Electronic Service. In no event will we or our officers, directors, employees or agents be liable to you for any consequential, incidental or indirect damages arising out of the use, misuse or inability to use the services, or for any loss of any data, even if we have been informed of the possibility of such damages. WE MAKE NO WARRANTY TO YOU REGARDING YOUR EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
To have access to the services you must be an authorized user of the software you select, if required for use with the equipment. You must have an established United States address with BANK VI to utilize Online services. You must also have at least one eligible personal deposit, credit, or one non-personal deposit account with us. If you have more than one personal or non-personal account or other relationship with us we will "link" the relationships together with the primary personal or non-personal account (non-personal checking account cannot be linked to a primary personal checking account) unless you request certain personal or non-personal account not be linked. Accounts, which are "linked" under the services, will have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account. Any non-linked account will not be accessible through the service. A personal or non-personal account that requires two or more signatures to make withdrawals, transfers or transactions may not be designated as an eligible account. For savings accounts and money market investment accounts, each payment or transfer from your non-personal checking account is counted as one of the six (6) transfers you are permitted each statement period. If you close your primary personal or non-personal checking account, your services will end and any unprocessed bill payment transactions will be cancelled.
Eligible accounts include the following BANK VI personal or non-personal account types that may be linked: checking, savings, consumer loan (personal only) and time deposits accounts. Accessibility of eligible accounts may vary based on the service(s) you use.
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During your enrollment for the services, you are required to select or will be assigned a User ID and password. Additional numbers and words may be required depending on the equipment and software used. Use of these access codes is the agreed security procedure to access the services through any of the equipment. You agree to keep these numbers and codes confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of the services. For security purposes we recommend that you do not use the same access codes you use on other bank products.
Use of Services
In addition to the terms, conditions and information provided in this Agreement, you agree to be bound by other express limitations and restrictions related to the services provided under this greement and elsewhere on banksix.com. Product descriptions, definitions, and explanations of uses provided on banksix.com are provided for your convenience only.
Balance Information. You may experience inconsistent or delayed balance information depending on the equipment used to access the services.
If you do not log on or have outstanding scheduled bill payments or transfers through Online Banking or Online Bill Payment for 90 days, we may cancel your service without further notice.
Through the use of certain equipment and/or software, you can use electronic mail (email) to contact us about inquiries, maintenance and/or problem resolution issues. Email is not a secure method of communication over the Internet and we recommend you do not send confidential information by email. If you would like a secure way to contact us, use the electronic forms provided with certain equipment and software.
A valid email address is required to use online services. It is your responsibility to ensure we have a valid email address at all times. You can update your email address by calling BANK VI Online Services at 785-825-4321.
You acknowledge and agree that we, or a third party acting as our agent, may obtain and use information from credit bureaus and consumer reporting agencies in connection with any accounts, products and services offered by us to investigate or reinvestigate any information provided by you. We may also verify your employment, salary, assets, debits and references.
Important Note For Non-Personal Account Holders
The loss, theft or unauthorized use of your access codes could cause you to lose all of the money in your account, plus any amount available under your overdraft protection credit line. Your use of the services under an eligible non-personal deposit account is your agreement to assume all risks and losses associated with the disclosure of your access codes to your employees or other persons. You agree to limit disclosure of your access codes to those employees and other persons you authorize to use the services.
Liability for Loss or Erroneous Data
Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses, which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system.
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Other Terms and Conditions
Changes/Interruptions in services. We may on a regular basis perform maintenance on our equipment or system, which may result in interrupted service or errors in the service. We also may need to change the scope of our services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided.
Termination. Except as provided in this agreement (titled Inactivity) either you or we may terminate this agreement and any service provided hereunder at any time upon giving at least 10 business days prior written notice of termination to the other party. If you terminate a Bill Payment service, you authorize us to continue making fund transfers, bill payments or other transactions you have previously authorized until we have a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further transfers, payments or other transactions from your eligible account, including any fund transfers or bill payments you have previously authorized. We reserve the right to terminate or to discontinue support of any software or equipment without written notice.
Sharing Information/Privacy. It is our policy not to disclose nonpublic personal information about our customers or former customers to anyone except as permitted by law, such as:
- The information is provided to help complete a customer-initiated transaction;
- The customer requests the information be disclosed;
- The disclosure is required by or allowed by law, such as when the disclosure is made in response to a subpoena;
- The disclosure is made to a credit reporting agency
We may also disclose nonpublic personal information to companies which provide support services to us (such as imprinting checks) in which they agree to maintain standards of confidentiality similar to our standards and to use the information only for the purpose for which it was disclosed.
Security. In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes, marks, signs, public keys or other means of identification. We reserve the right to block access to the services to maintain or restore security to our Site and systems, if we reasonably believe your Access Codes have been or may be obtained or are being used or may be used by an unauthorized person(s).
Ownership of Materials. The content and information on our Site is copyrighted by BANK VI and the unauthorized reproduction or distribution of any portions is prohibited.
Severability. If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
Area of Service. The services described in this Agreement are solely offered to residents of the United States of America. However, customers who are outside of the U.S. may have limited access to their Online Banking information.
Choice of Law. This Agreement shall be governed by and interpreted under Kansas and Federal Law.
Arbitration of Disputes. If either you or we have any irresolvable dispute or claim concerning the ervices, it will be decided by binding arbitration. Arbitration hearings will be held in Salina , Kansas or where mutually agreed to. The arbitrator will award the filing and arbitrator fees to the prevailing party. A judgment on the award of the arbitrator may be entered by a court.
No Signature Required. When any payment or other online service generates items to be charged to your account, you agree that we may debit your designated eligible account or the account on which the item is drawn without requiring your signature on the item and without prior notice to you.
Amendment of this Agreement. We may amend this agreement (including changes in its fees and charges hereunder) by giving notice to you at least 30 days before the effective date of the amendment, unless such change, or amendment is otherwise required by law or applicable regulation. Your continued use of the services is your agreement to the amendment(s).
Waiver. We may waive any term or provision of this agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future.
Assignment. We may assign the rights and delegate the duties under this agreement to a company affiliated with us or to any other party.
Governing Law. These terms and conditions of this Agreement shall be governed by the State of Kansas, the Kansas State Banking Commission and the Federal Reserve Banking System.
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