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Online Banking Disclosure
PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.
CUSTOMER acknowledges that all other agreements between BANK and CUSTOMER remain in full force and effect and that any limitations contained therein remain applicable to this agreement. These “other” agreements include, but are not limited to: deposit, funds availability, payment of interest, Truth in Savings, electronic funds transfers, Bill Paying Agreement Terms and Conditions Disclosure and deposit transfer limitations. The provisions of this Agreement relate only to Internet Banking and are controlled primarily by Federal laws and regulations and secondarily by State laws and regulations.
- The Service
In consideration of the Online Banking services “SERVICES” to be provided by American Interstate Bank “BANK”, as described from time to time in information distributed by BANK to its CUSTOMER. In the agreement, “CUSTOMER” refers to the person(s) subscribing to or using SERVICES. CUSTOMER agrees as follows: You may use a Personal Computer “PC” or web based phone or other web-enabled device through an Internet connection to obtain account balances and transaction information. You may also use your PC or web based phone or other web-enabled device to obtain statements on your accounts and to transfer money between your accounts. However, transfers from your savings and Money Market accounts are considered pre-authorized transfers, and pre-authorized transfers are limited to six (6) per monthly statement cycle by federal regulations. By subscribing to the SERVICES, or using the SERVICES to make any payments to a third party, you agree to the terms of the Agreement.
- Your Access ID and Password
Each individual who has access to Online Banking, including each individual named on joint accounts, must designate an access ID and password. Your access ID must be a minimum of 6 characters and can be letters, numbers or both. Your password must contain a minimum of 8 characters, which must consist of at least one upper case, one lower case alpha character letter, one numeric character and one special character. The letters are case sensitive. For example, if you enter your password as: 1234abc you cannot use 1234ABC. You will be prompted to change your password every six months for security purposes. Your access ID and password are sensitive personal data. You should select an access ID and password that are hard to guess. They should not be based on your name, address or other personal information.
- Delivery of Your Transfers
You may schedule transfers between your BANK accounts to be initiated on the current business day, on a future date, or on the same date of each month, subject to the restrictions in the Agreement. Although you can enter transfer information through the SERVICES twenty-four (24) hours a day, seven (7) days a week, transfers can be initiated only on business days. Funds will be deducted from your Account on the business day on which a transfer is to be “initiated.” This date is referred to in this Agreement as the “Transaction Date.” If you direct the initiation of a transfer to occur on a day other than a business day, it will be initiated on the following business day. The cut-off time for same day inter-BANK account transfers is 6:00 p.m. Central Standard Time (CST).
CUSTOMER may choose to add Bill Payment to their SERVICES and use a PC to schedule payments. Payments are posted against CUSTOMER’s balance that is available for withdrawal, as defined in the BANK’s Funds Availability Policy, plus the available credit through overdraft protection (Checking Plus), if any, or other line of credit.
CUSTOMER may include all utility companies, merchants, financial institutions, insurance companies, individuals, etc., to whom they wish to make payments through BANK’s Bill Payment service. For each PAYEE, BANK requires the following information: a complete mailing address, a telephone number and account number, if any, with PAYEE. BANK reserves the right to decline to make payments to certain persons and entities at our sole and absolute discretion.
After funds are withdrawn from CUSTOMER’s Account, BANK may remit payments by mailing PAYEE a check, or by making an electronic funds transfer, including ACH (Automated Clearing House) or by other means. The amount of time required to complete a transaction normally does not provide PAYEE with same day payment. This applies regardless of whether the payment is a next-day payment, a future payment, or a recurring payment, as described below. Therefore, in order to provide sufficient time for payments to be received by PAYEE, the payment should be requested, allowing 5 business days prior to the date payment is due, excluding any applicable grace periods. Payments must be scheduled by the normal cut-off time of 3 p.m. Central Standard Time (CST) on any business day in order for the payment to be initiated for that business day.
- Recurring Transfers
Recurring transfers are those made for the same amount and are made on a weekly, bi-monthly, monthly, or on any other basis. Once started, recurring transfers will be made automatically until you tell us to stop, or cancel, the transfer on-line and we have a reasonable opportunity to process the request.
- Our Liability for Failure to Complete Transactions
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 might be liable for some of your losses or damages. However, there are some exceptions; we will not be liable, for instance:
- if, through no fault of ours, you do not have enough money in your account to make the transfer;
- if the money in your account is subject to legal process or other encumbrances restricting transfer;
- if the transfer would go over the credit limit on your Checking Plus;
- if the transaction is not completed properly; or
- if circumstances beyond our control (such as fire, flood or systems failure) prevent the transfer, despite reasonable precautions that we have taken.
- Canceling a Transfer
You may use your PC to cancel a transfer up to 6 p.m. (CST) on the business day your transfer is scheduled to be initiated (“Transaction Date”). There is no fee for canceling a transfer Online.
All payments, transfers, and/or fees generated with the SERVICES will appear on your monthly Account statement. The PAYEE name, payment amount and date of the payment will be shown for each payment made through the SERVICE during that month.
Fees for SERVICES shall be payable in accordance with a schedule of charges as established, and amended, by BANK from time to time. Charges shall be automatically deducted from CUSTOMER’s Account, and BANK shall provide to CUSTOMER monthly notice of such debit(s) on your statement. Other fees for bill payment services are disclosed in the Bill Paying Agreement Terms and Conditions Disclosure.
You are solely responsible for the equipment (including your personal computer and software, and utilizing a secure connection) you use to access the SERVICES. We are not responsible for errors, or delays, or your inability to access the SERVICES caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the SERVICES, nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon, or the security of your network connection.
- Business Days/Hours of Operation
Our business hours are 9 a.m. to 5 p.m. (CST), Monday through Friday, except bank holidays. Although payments and transfers can be completed only on business days, the SERVICES are available 24 hours a day, seven days a week, except during maintenance periods.
If you have elected to receive your statements electronically and at a later date would like to begin receiving a paper statement, please notify BANK by phone at (402) 289-2551 or by mail at, 3331 North 204th Street, Elkhorn, NE 68022.
- Notice of Your Rights and Liabilities
Security of your transactions is important to us. Use of the SERVICES may therefore require a PIN or password. If you lose or forget your PIN or password, please call BANK at (402) 289-2551 during normal business hours listed above. We may accept, as authentic, any instructions given to us through the use of your password or PIN. You agree to keep your PIN and password secret and to notify us immediately if your PIN or password is lost, or stolen, or if you believe someone else has discovered your PIN or password. You agree that if you give your PIN or password to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use the SERVICES. SERVICES enable you to change your password; we recommend that you do so regularly. We may be liable for certain security breaches to the extent required by applicable law and regulation. We do not assume any other liability, or otherwise guarantee the security of information in transit to, or from, our facilities. Please note that we reserve the right to (1) monitor and/or record all communications and activity related to the SERVICES; and (2) require verification of all requested transfers in the manner we deem appropriate before making the transfer which may include written verification by you. You agree that our records will be final and conclusive as to all questions concerning whether or not your PIN or password was used in connection with a particular transaction.
If any unauthorized use of your PIN or password occurs, you agree to (1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator, and (2) provide reasonable assistance requested by us in recovering any unauthorized transfer of funds.
Tell us AT ONCE if you believe your PIN or password has been lost or stolen. Telephoning is the best way of keeping your possible losses down by contacting the BANK in writing and reconfirming in person or by phone to expedite the process. You could lose all the money in your account (plus your maximum line of credit). If you tell us within two (2) business days, you can lose no more than $50. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your PIN or password, and we can prove we could have stopped someone from using your PIN or password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost, after the 60 days, if we can prove that we could have prevented someone from taking the money if you had told us in time. If you believe your PIN or password has been lost or stolen, or that someone has transferred, or may transfer money from your account without your permission, call BANK at (402) 289-2551 during normal business hours listed above. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PINS OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL WITHOUT CUSTOMER CONFIRMATION.
- Errors and Questions
In case of errors, or questions, about your electronic transactions, call BANK at (402) 289-2551,
9 a.m.-5 p.m. (CST), Monday through Friday, or write us at:
American Interstate Bank
Attention: Electronic Banking
3331 North 204th Street
Elkhorn, NE 68022
as soon as you can, if you think your statement, or receipt, is wrong, or if you need more information about a transaction listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared. You will need to:
- tell us your name and Account number (if any);
- describe the error or the transaction about which you are unsure, and explain as clearly as you can why you believe it is an error or why you need more information; and
- tell us the dollar amount of the suspected error.
If you tell us verbally, we may require you to send us your complaint or question in writing within ten (10) business days following the date you notified us. We will determine whether an error occurred within ten (10) business days (twenty (20) business days if the notice of error involves an electronic funds transfer to or from the account within thirty (30) days after the first deposit to the account was made) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days 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 notice of error involves an electronic funds transfer to or from the account within thirty (30) days after the first deposit to the account was made] for the amount you think is in error, so that you will have 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.
If we determine there was no error, we will reverse the previously credited amount, if any, and 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 we used in our investigation.
- Disclosure of Account Information to Third Parties
We may disclose information to third parties about your account, or the transactions you make:
- where it is necessary for completing transactions or resolving errors involving the SERVICES; or
- in order to verify the existence and condition of your account for a third party, such as a credit bureau or a merchant; or
- in order to comply with government agency rules, court orders or other applicable state or federal laws; or
- to our employees, service providers, auditors, collection agents, affiliated companies or attorneys in the course of their duties and to the extent allowed by law; or
- if you give us your permission.
- Authorization to Obtain Information
You agree that we may obtain and review your credit report from a credit bureau, or similar entity. You also agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments.
If you want to terminate your access to the SERVICES, call BANK at (402) 289-2551.
We reserve the right to terminate the SERVICES, in whole or in part, at any time, with or without cause, and without prior written notice. In that event, or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers, and other transfers that were previously authorized, but not yet made. We also reserve the right to temporarily suspend the SERVICES in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your PIN, or password, as an indication of an attempted security breach. Termination of SERVICES does not affect your obligations under this Agreement with respect to occurrences before termination.
- Limitation of Liability
Except as otherwise provided in this Agreement, or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by the SERVICES or the use thereof or arising in any way out of the installation, operation or maintenance of your PC equipment, or the security of your network connection.
No waiver of the terms of this Agreement will be effective, unless they are in writing and signed by an authorized officer of BANK.
You may not transfer or assign your rights or duties under this Agreement.
- Governing Law
The laws of the State of Nebraska shall govern this Agreement and all transactions hereunder. CUSTOMER acknowledges that he/she has reviewed this Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby.
We can change a term, or condition, of this Agreement by mailing, or delivering, to you a written notice at least thirty (30) days before the effective date of any such change. We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain, or restore, the security of our system, or an account. However, even in these cases, if the change is to be permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you, or within thirty (30) days, unless disclosure would jeopardize the security of our system, or an account. Notices mailed, or delivered, to you under this paragraph will be considered effective if mailed to the most recent address we show for you in either our Checking or Savings Account records, or e-mail address at which you agreed to receive such notices and/or disclosures.
CUSTOMER, in consideration of being allowed access to the SERVICES, agrees to indemnify and hold BANK harmless for any losses, or damages, to the BANK resulting from the use of SERVICES, to the extent allowed by applicable law.
- Security Procedures
By accessing the SERVICES, you hereby acknowledge that you will be entering a protected web site owned by BANK, which may be used only for authorized purposes. BANK may monitor and audit usage of the System, and all persons are hereby notified that use of the SERVICES constitutes consent to such monitoring and auditing. Unauthorized attempts to up-load information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986. Multifactor Authentication is an additional layer of security that is now a standard part of your AmericanInterstateBank.com Online Banking login routine. It is made up of three parts: an image, a pass phrase and three challenge questions no one else knows. When you’re at your computer, enter your Access ID and then click on the Submit button, we’ll show your image and pass phrase, which verifies that you’re at the valid Online Banking site at BANK. At that point, it’s safe to enter your Password. When you’re signing in from a different computer, we ask one of your challenge questions to verify your identity. The secret pass phrase and image will appear after you answer correctly then it’s safe to enter your Password and login.
- Fee Schedule
There is no monthly service charge for online banking and bill payment services; however, the $0.15 per debit fee may apply for Regular Checking and NOW Checking customers. CUSTOMER is responsible for any and all telephone access fees and/or Internet service fees that may be assessed by CUSTOMER’s telephone and /or Internet service provider. Other fees for certain bill payment services are disclosed in the Bill Paying Agreement Terms and Conditions Disclosure.
By agreeing below, I, CUSTOMER, agree to abide by all terms and/or conditions of the SERVICES and acknowledge and consent to BANK providing some, or all, disclosures in electronic format. Hard copy forms of these disclosures may be obtained by contacting BANK by phone at (402) 289-2551 or by mail at 3331 North 204th Street, Elkhorn, NE 68022.