This Agreement and Disclosure provides information about Internet Banking, Bill Pay and 24-Hour Telephone Banking services offered by Community Bank of the Midwest, and contains the consumer disclosures required by the Electronic Funds Transfer Act. Internet Banking, Bill Pay and 24-Hour Telephone Banking are sometimes referred to collectively as "Service" or "Services." This Agreement applies to both Consumer Users and Commercial Users of the Services. A Consumer User is defined as an individual using the Services primarily for personal, family and household purposes. While the Services for both Consumer and Commercial Users are substantially similar, certain procedures, fees and charges, provisions and disclosures contained in this Agreement may apply differently depending on user type. Community Bank of the Midwest reserves the right to review how the service is being used and to classify Users as Commercial or Consumer depending upon such use. For the purpose of this document, "I," "me," "my" and "mine" shall refer to each Depositor who signs up for or uses Internet Banking, Bill Pay and/or 24-Hour Telephone Banking. "You," "your" or "Community Bank of the Midwest" shall refer to Community Bank of the Midwest, the financial institution at which the Depositor has the account(s) accessed through Internet Banking, Bill Pay and/or 24-Hour Telephone Banking. All references to time of day in this Agreement refer to Central Time. All references to checking accounts refer to demand deposit accounts, as defined in any Deposit Account Agreement. The term "User Access Code" or "User Access Codes" shall mean collectively any User ID, User Name, Customer Access Code, Password, Personal Identification Number or PIN.
Community Bank of the Midwest recognizes any day as a business day, except for Saturdays, Sundays and Federal holidays. When I use your Services or permit any other person to use your Services, I agree to the terms and conditions set out in this Agreement and any instructional material that you provide me regarding the Services. My use of the Services may be accomplished through certain numbers, codes, marks, signs, public keys or other means of establishing my identity and acceptance of the electronic communications that are satisfactory to Community Bank of the Midwest. All electronic communications that meet these requirements will be deemed valid and authentic and I intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. I agree that electronic copies of communications are valid and I will not contest the validity of the originals or copies, absent of proof of altered data or tampering.
This Agreement and Disclosure and all amendments thereto may be viewed or printed as a hard copy via the Internet at www.communitybankmidwest.com or, a hard copy will be provided to me upon request by calling you at (620) 792-5111 in Great Bend, Kansas, or by writing Community Bank of the Midwest, Attention: Customer Service, 2220 Broadway Ave., Great Bend, Ks. 67530.
Internet Banking is a fun and easy to use electronic banking service. I may access Internet Banking through Community Bank of the Midwest's web page on the Internet, at www.communitybankmidwest.com. I may use Internet Banking virtually any time, day or night, 7 days a week. However, Internet Banking may be temporarily unavailable due to Community Bank of the Midwest's record updating or technical difficulties. I understand that in order to use Internet Banking, I must have at least one Eligible Account (deposit or credit) with Community Bank of the Midwest. If I have more than one Eligible Account with Community Bank of the Midwest, my accounts can be linked upon request. Eligible Accounts which are "linked" under Internet Banking will have at least 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 Internet Banking. Eligible Accounts (those that I may request access to through the Internet Banking service) are the following Community Bank of the Midwest personal or business account types:
An account that requires two or more signatures to make a withdrawal or transfer may not be designated as an Eligible Account.
During my use of Internet Banking, I am required to enter:
Additional numbers and words may be required depending on the equipment and software used. These User Access Codes are the agreed security procedure to access Internet Banking through any of the equipment. For security purposes, you recommend that I do not use the same User Access Codes for Internet Banking that I use on other bank products.
The Internet Banking service allows me to
Detailed instructions for use of Internet Banking are available through online help.
Bill Pay is an electronic payment service. I may use a personal computer to access the Bill Pay service through Community Bank of the Midwest's web page on the Internet. Bill Pay allows me to schedule bill payments electronically. Subject to any regulatory or bank-imposed limitations on usage, I can arrange for the payment of my bills from a Community Bank of the Midwest checking account. Access to Bill Pay is made available pursuant to a license agreement by and between Community Bank of the Midwest and Metavante. Any interruption of service or access caused by Metavante will prevent my use of the service. To utilize the services I must use Internet Banking, have at least one Bill Pay designated account, and otherwise satisfy the system's security procedures. Detailed instructions for use of Bill Pay are contained in the online help menus available while using Bill Pay.
In order to use Bill Pay I understand that I must have a checking account with Community Bank of the Midwest. That checking account, or the one I designate if I have more than one, will be treated as the designated checking account for transactions accomplished through Bill Pay (Bill Pay Account). Bill payments may only be processed using my Bill Pay Account. I may have multiple designated Bill Pay checking accounts, but each one must have its own payee list, and I will be charged the Bill Pay fees for each of the checking accounts I establish as a Bill Pay Account.
I understand that to have Bill Pay access, I am required to acquire the necessary equipment, services and software. These may include a personal computer, modem, Internet Service Provider (ISP) and Netscape Navigator or Microsoft Internet Explorer browser software. As browsers are updated over time, older versions may not function effectively for Bill Pay. It is my responsibility to upgrade my browser, when it becomes apparent it is needed, to ensure that I can access the Bill Pay system.
Bill payments can be entered as a single payment, multiple payments, or recurring payments. Using any of these screens, I must enter a payment date or a start and end date, depending on the type of payment, for my bill payment. Bill payments are scheduled by me to be debited from my Bill Pay Account based on the date(s) I enter on one of the bill payment screens. Sufficient funds must be available on the day and at the time I request the payment. Bill payments may be canceled or changed for any reason until the status changes to In Process or Processed. I may edit or delete the payment as long as the status of the payment is Scheduled. Payments can start processing several days before the due date depending on the way the payment is to be processed. Bill payments can also be scheduled with a bill payment date in the future, up to 364 days in advance. The bill payment date will be the date I entered, or the next business day should the bill payment date fall on a weekend or holiday. Sufficient funds must be available by midnight of the night before the processing date, but will be deducted from my Bill Pay Account on the bill payment date entered by me. If I designate a bill payment as a "Recurring" transaction, I may request a start date that reoccurs on a specified regular basis (i.e., weekly, bi-weekly, monthly, etc). I will designate a "start" and "end" date. Sufficient funds must be available by midnight of the night before Start Date, but will be deducted from my Bill Pay Account on the start date. "Recurring" transactions may be canceled or changed as long as the status is Scheduled.
Funds will be taken out of my Bill Pay Account on the bill payment date entered by me. In many cases, my bill payments are electronically delivered to the payee within three business days of the bill payment date. However, some payees are not set up to accept electronic payment. In these cases, a check will be sent, which may take at least five business days to process and deliver to the payee. Bill Pay provides an indication of how many business days to allow for each payee I designate. This indication is, however, only an estimate and actual receipt of payment may be longer depending on the postal service.
I must allow sufficient time (at minimum, as indicated) for Bill Pay to receive my request and process the bill payments so that the funds can be delivered to the payee before the payment due date, or for mortgage payments, on or before the due date (the due date shown on my invoice or provided in my agreement with the payee, not taking into account any grace period provided by the payee). If I do not allow sufficient time, I will assume full responsibility for all late fees, finance charges, or other actions taken by the payee. If I properly schedule my payment with sufficient time, and the payment is not received by the payee, or is received late, Metavante Bill Pay Customer Service will assume responsibility for any late fees or finance charges up to a maximum of $50.00, if I notify Customer Service of such late fees or finance charges within a reasonable time. The entire process for initially setting up the relationship between a user and a new payee, including the issuing of pre-notifications, normally takes up to 3 business days. Once the payee is set up, the payee's status on the Bill Pay Payee screen will change from pending to available. Metavante and Community Bank of the Midwest are responsible only for exercising ordinary care in making payments upon my authorization and for mailing or sending a payment to the designated payee. Metavante or Community Bank of the Midwest is not liable in any way for damages I incur if: I do not have sufficient funds in my account to make the payment on the processing date; the estimate of time to allow for delivery to the payee is inaccurate; there are mail delivery delays, changes of merchant address or account number; any merchant fails to account correctly for or credit the payment in a timely manner; or for any other circumstances beyond the control of Metavante and Community Bank of the Midwest. If a payment is made through use of Bill Pay with insufficient funds in my account on the processing day, I may be subject to a non-sufficient funds fee pursuant to the terms of the Deposit Account Agreement governing the account and Community Bank of the Midwest's Funds Availability Disclosure. I must keep Bill Pay Customer Service aware of any changes in my current home or business phone numbers and addresses or e-mail address, as applicable. I am responsible for monitoring the Bill Pay activity to verify that I did not have a payment that was not processed due to insufficient funds in my account. If a payment is not processed due to insufficient funds, the payment will be automatically retried the following business day. If the payment fails again an "F" on the Bill Pay Activity screen will indicate failed transactions. If I do have a payment that failed because of insufficient funds in my account, I am responsible for either making alternate arrangements for the payment or rescheduling the payment through Bill Pay.
Bill payments may be canceled or changed for any reason until the status changes to In Process or Processed. I may edit or delete the payment as long as the status of the payment is Scheduled. Payments can start processing several days before the due date depending on the way the payment is to be processed. In order to request a cancellation of a payment or change a Bill Pay transaction designated with a future bill payment date or a "Recurring" date, I must use Bill Pay and follow the instructions provided to me. If Bill Pay is not accessible, however, I understand you will only accept a verbal or written notice to cancel a Bill Pay transaction if it relates to a payment designated as "Recurring" or with a future payment date and is not in process or already processed. If I call, you may also require me to put my request in writing and get it to you within fourteen days after I call. If the payment was designated as 'Recurring," the notice must detail whether the cancellation applies to only one of the recurring transactions or all transactions in the recurring stream. There may be a fee associated with canceling a payment.
24-Hour Telephone Banking is an electronic banking service that provides easy and convenient access to my account information 24 hours a day and 365 days a year. Telephone Banking is accessible at 888-649-3611 by using a touch-tone phone and entering my Personal Identification Number (PIN). This system provides vast information about my accounts, and I may also transfer between my Community Bank of the Midwest accounts. I understand that once I have made a transfer using 24-Hour Telephone Banking I cannot stop or cancel that transfer.
24-Hour Telephone Banking requires enrollment and a Personal Identification Number (PIN). If more than one person has legal access to an account, they will need to have their own PIN for that account. Note: PINs may be changed over the telephone as frequently as desired. Periodic changing of PINs is one of the ways to strengthen security regarding access to accounts.
Transfers may be made to and from Community Bank of the Midwest accounts where I am an authorized signer. Before transfers may be made between my accounts, I must designate such accounts under a "Transfer Group" by completing a Transfer Account Authorization and submitting the form to the Bank. Transfers can only be made between accounts within a particular Transfer Group, however, I may have more than one Transfer Group at a time. For security reasons, only accounts on which I am an authorized signer may be placed into a Transfer Group, and transfers to or from accounts outside that group are not allowed.
The following provisions apply to Internet Banking, Bill Pay and 24-Hour Telephone Banking services.
I will be required to submit certain forms as requested by Community Bank of the Midwest to acknowledge that I have read and accept any and all terms and conditions of the Service. Such forms may be found on the Internet at www.communitybankmidwest.com, as hard copies, or both. For personal accounts, submission of forms over the Internet will qualify as my signature on such document(s). At other times, an actual physical signature may be required by you to verify ownership. For commercial accounts, an actual physical signature of an authorized signer on the account will always be required.
Under NO circumstances will a Community Bank of the Midwest employee request my User Access Codes via the Internet or any other type of contact. I will NOT respond to such a request even if the individual claims to represent Community Bank of the Midwest or any of their subsidiaries.
Community Bank of the Midwest is not responsible for any electronic virus or viruses that I may encounter. Community Bank of the Midwest suggests that I routinely scan my PC and diskettes using a reliable virus protection software product to detect and remove any viruses found. An undetected or un-repaired virus may corrupt and/or destroy my programs, files and even my hardware.
I authorize you to charge my Eligible Account(s), Bill Pay Account(s) or any account within a Transfer Group for any transactions accomplished through the use of Internet Banking, Bill Pay or 24-Hour Telephone Banking, including the amount of any bill payment or transfer that I make, and any charges or fees for the service. I authorize any person who uses my User Access Codes to accomplish any transaction that I may do myself. I authorize you to overdraw my account in order to pay any fees or charges, when I do not have sufficient funds available in my account. I authorize you to process bill payments and to transfer funds according to the instructions you receive if the instructions are received using my User Access Codes for Internet Banking, Bill Pay and/or 24-Hour Telephone Banking. I authorize you to initiate any reversing entry or reversing file, and to debit my accounts at Community Bank of the Midwest or elsewhere, in order to correct any mistaken credit entry. I understand that if a bill payment or transfer request describes the beneficiary inconsistently by name and account number, execution of the request will occur on the basis of the account number, even if it identifies a person different from the named beneficiary. Further, Community Bank of the Midwest and other financial institutions to which a bill payment or transfer request is forwarded may rely on any Community Bank of the Midwest identification number supplied by me as a means to identify any other Community Bank of the Midwest, even if the identification number is different than the Community Bank of the Midwest named by me. My obligation to pay the amount of the bill payment or transfer to Community Bank of the Midwest is not excused in such circumstances. When any payment or other on-line service generates items to be charged to my account, I agree that you may debit my designated account or the account on which the item is drawn without requiring my signature on the item, and without prior notice to me. Designated accounts are referred to as Eligible Accounts, Bill Pay Accounts or a Transfer Group throughout this Agreement, depending upon the type of service involved.
I am responsible for the safekeeping of the User Access Codes. In order to maintain secure communications and reduce fraud, I agree to protect the security of my User Access Codes, numbers, codes, marks, signs, public keys or other means of identification. I agree not to disclose or otherwise make the User Access Codes available to anyone not authorized to sign on my accounts. You reserve the right to block access to the Services to maintain or restore security to your Web Site and systems, or if you reasonably believe my User Access Codes have been or may be obtained or are being used or may be used by an unauthorized person(s). For Bill Pay, Internet Banking and 24-Hour Telephone Banking, a default User Access Code will be provided to me for security purposes. I understand that such default User Access Codes will be used only the first time I access the Service, and I will then define new User Access Codes for each service. The User Access Codes are confidential and should not be disclosed to third parties. Calls from any kind of cellular, wireless or cordless phone can be monitored by unauthorized persons, allowing access to bank accounts. These types of telephones must be used with caution for any confidential conversation or purpose, including Bill Pay or 24 Hour Telephone Banking access. I represent that I have considered the security procedures relating to the Services and find that the security procedures are commercially reasonable for verifying that a bill payment, transfer or other communication purporting to have been issued by me is, in fact, mine. In reaching this determination, I have considered the size, type and frequency of bill payments, transfers or other communications that I anticipate issuing to Community Bank of the Midwest. If I decide that the security procedures relating to the Services are not, in my judgment, commercially reasonable, I must inform you in writing within 30 days of such decision. If the size, scope, type or frequency of my bill payments and transfers change, and the result is that the security procedures cease to be commercially reasonable, I must also inform you of this in writing within 30 days.
I may from time to time provide you with an electronic address to which electronic communications may be sent to me by the Bank. If I do, I agree that the Bank may send to me, by electronic communication, any information that is required by state or federal law or regulation to be sent to me in writing, provided such electronic communication does not violate the applicable laws and regulations. The term "electronic communication" means a message transmitted electronically in a format that allows visual text to be displayed on equipment such as a personal computer monitor.
You will mail, e-mail or deliver a written notice to me at least 21 days before the effective date of any change in a term or condition in this Agreement and Disclosure made by you, if the change would result in increased fees or charges, increased liability for me, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amounts of transfers, unless prior notice is excused by law. Any other change in a term or condition in this Agreement and Disclosure made by you shall be effective immediately by your mailing, e-mailing or delivering a written notice to me. Community Bank of the Midwest's web site, located on the Internet at www.communitybankmidwest.com, should be visited regularly to obtain important information concerning use of the Services.
Release of Liability for Loss or Erroneous Data COMMUNITY BANK OF THE MIDWEST SHALL HAVE NO LIABILITY TO ME FOR ANY DAMAGE OR OTHER LOSS, DIRECT OR CONSEQUENTIAL, WHICH I MAY INCUR BY REASON OF MY USE OF MY COMPUTER SYSTEM, ISP OR TELEPHONE SERVICE.
You may on a regular basis perform maintenance on the equipment or system, which may result in interrupted service. You also may need to change the scope of the Services from time to time. You will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. If access to the Services is interrupted or unavailable through use of my personal computer and modem, I may use a touch-tone telephone to obtain access, provided the system itself is available.
In no event will you or your officers, directors, employees or agents be liable to me 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 you have been informed of the possibility of such damages. YOU MAKE NO WARRANTY, EXPRESS OR IMPLIED, TO ME REGARDING MY EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Either you or I may terminate this agreement and any service provided hereunder at any time upon giving at least ten (10) day's prior written notice of termination to the other party. Once you have acted upon my termination notice, you will make no further transfers or bill payments from my Eligible Account(s), Bill Pay Account(s) or Transfer Group(s) including any fund transfers I have previously authorized. You reserve the right to terminate or to discontinue support of any software or equipment without written notice.
The terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of Kansas. My existing account relationships shall continue to be governed by and construed in accordance with the laws of the state where the Community Bank of the Midwest branch, at which I initially established my account, is located or has been transferred to. Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the courts of the State of Kansas.
I am responsible for complying with all terms of this Agreement and the terms and regulations governing the deposit accounts which I access using the Services. You can terminate my privileges to use the Services without notice to me if I do not pay any fee required in this Agreement when due or if I do not comply with those agreements. The regulations governing my deposit account are set forth in your Deposit Agreement and Disclosures, a copy of which is available from any branch location.
The following provisions for resolution of errors apply to Consumer Users of the Services only and are not applicable to Commercial Users.
As soon as I can, if I think my statement is wrong or if I need more information about a Service transaction or transfer listed on the statement, I will contact the appropriate Community Bank of the Midwest Customer Service department as described below. You must hear from me no later than 60 days after you send the statement on which the problem or error appeared. A statement is considered sent when it is first made available. For Internet Banking, Bill Pay, or 24-Hour Telephone Banking errors or questions, I will telephone or write you. I may reach you by telephone at (620) 792-5111 in Great Bend, Kansas, 67530. Customer Service is open on business days between 7:30 a.m. and 5:00 p.m. Or, write Community Bank of the Midwest, Attention: Customer Service, 2220 Broadway Ave., Great Bend, Kansas, 67530. If I contact you by phone, you may require that I send you my complaint in writing to the address above within 10 business days of my call. If I do not send you my written complaint or question within this time period, you will not re-credit my account for the amount in error plus any interest (as applicable) and charges within 10 business days of my initial complaint or question. You may also require me to provide my complaint in the form of an affidavit. You will inform me of the results of your investigation within ten business days (20 business days for all new accounts opened during the first 30 calendar days after the account is established) after you hear from me and will correct any error promptly. If you need more time, however, you may take up to 45 calendar days (90 days if outside the United States or if the error occurred at a merchant location for the purchase of goods or services (POS), or a new account) to investigate my complaint or question. If you decide to do this, you will re-credit my account within ten business days (20 business days for all new accounts opened during the first 30 calendar days after the account is established) for the amount I think is in error, so that I will have the use of my money during the time it takes you to complete your investigation.
You will inform me of results within three business days after you have completed your investigation. If you decide there was no error and I received provisional credit during the investigation period, you will debit my account for the balance owed to you, plus any interest or other fees refunded. You will notify me of the date and amount of the debit. You will honor checks, drafts, or similar instruments payable to third parties, and pre-authorized transfers from my account (without charge as a result of an overdraft) for up to five business days after notification that the provisional credit has been revoked, so long as these items would have been paid if the provisionally credited funds had not been deducted from my account. I may request copies of the documents you used in your investigations.
I could lose all the money in my deposit account(s) accessed through the Services if I don't inform you that my User Access Code has been lost, stolen, or compromised. Telephoning the Community Bank of the Midwest Customer Service at (620) 792-5111 in Great Bend, Kansas, 67530 is the best way to minimize my possible losses. If I tell you verbally, you may require that I send my complaint or question in writing within ten business days. You may also require me to provide my complaint in the form of an affidavit.
If I tell you within four business days of my discovery or belief of the loss, theft or compromise of my Access Code(s), I can lose no more than $50 if someone used my Access Code(s) without my permission. The Community Bank of the Midwest Customer Service is open on business days from 7:30 a.m. to 5:00 p.m. If I do not tell you within four business days of my discovery or belief of the loss, theft or compromise of my Access Code(s), and you could have prevented the unauthorized use, I can lose as much as $300. If a good reason (such as a long trip or a hospital stay) kept me from telling you, you may extend this time period.
If I have followed the cancellation procedures under Bill Pay, and you do not cancel my bill payment, you may be liable for my losses or damages.
For electronic funds transfer agreements I enter into with you, if you do not complete a transfer to or from my account on time or in the correct amount according to that agreement, you may be liable for my losses or damages caused by such failure. However, there are exceptions. You will NOT be liable, for instance
You will disclose information to third parties about my account and transfers I make only
Internet Banking, Bill Pay, and 24-Hour Telephone Banking are currently free of monthly service charges to Community Bank of the Midwest customers.
If the account from which a transfer is made through Internet Banking or 24-Hour Telephone Banking is subject to per-item fees or excess debit transaction fees, such as Savings or Money Market accounts, a fee will be charged for each such transfer in excess of the specified limit. (Bill Pay service cannot be established for Savings and Money Fund accounts.)
For a more complete explanation of fees, refer to the Truth in Savings Disclosure for per item transaction fees and account maintenance fees on all transaction accounts.