Online Banking And Bill Pay Agreement And Disclosure Statement
This agreement governs the terms and conditions that apply when you use the Adrian Bank Online Banking and Bill Pay-e Plus services. These terms and conditions are in addition to those that apply to accounts you have with us and services you obtain from us. You must follow all of the instructions and procedures that we give you that apply to these services covered by this Agreement.
Your checking and savings accounts are governed by Adrian Bank’s Deposit Account Agreement, Truth-in-Savings Disclosures, Funds Availability Disclosure, Electronic Funds Transfer Act Disclosure, and Privacy Disclosure which are provided to you at account opening.
Definitions
For the purposes of this Agreement, the term “Online Banking” refers to our online banking service that allows you to transfer funds, access accounts, obtain information and perform other transactions, and “Bill Pay-e Plus” that allows you to make payments over the Internet by use of a personal computer, modem and/or other means we authorize or allow. The term “You” refers to Adrian Bank customers who have applied and been given access to Online Banking. The term “Online Banking ID” refers to the identification number that you receive to access Online Banking on the Internet. The term “Online Banking password” refers to the personal identification number that you select to access Online Banking on the Internet.
Password
To access our Online Banking service via the Internet, you must use the Online Banking Username that is assigned to you, together with an Online Banking password. Your password is personal to you, even if other account owners have the same right to access the accounts through Online Banking with their own passwords. You should not share your Online Banking Username or Online Banking Password with others. Anyone to whom you give your Online Banking Username and Password will have the same access to your accounts as you do, even if you attempt to limit that person’s authority. We will not pass any of your account numbers over the Internet, nor will any of our employees ask you for any account numbers over the Internet.
Accounts Eligible For Online Banking
The following conditions and restrictions apply to your use of the Online Banking and Bill Pay-e Plus services:
1. You may use Online Banking service for accounts owned by you jointly with other persons only where you have individual authority to act on behalf of the account under the documentation creating the account.
2. You may use Online Banking for all personal accounts solely owned by you. No personal accounts may be accessed together with business accounts through Online Banking unless all owners of the personal accounts are also the sole owners of the business accounts.
3. Businesses and/or non-profit organizations authorizing banking transactions through Online Banking must submit proper legal documentation (specific to the legal status of the corporation) clearly identifying the individuals permitted to make transfers on behalf of the business or organization.
4. Accounts requiring two or more signatures to transact banking business are not eligible for Online Banking.
5. To use Adrian Bank’s Bill Pay service you must have at least one personal checking account with Adrian Bank. The checking account you designate at the time you initiate a payment will be the checking account from which that bill will be paid and from which all fees, if any, will be debited.
Express Telebanking And Online Banking Internet Banking Transactions
You or someone you have authorized by giving them your Online Banking Username and password, or other means of access (even if that person exceeds the authority you have given them), can instruct us to perform the following transactions through Online Banking services:
1. Make transfers between your qualifying accounts:
2. Obtain information that we make available about your qualifying accounts; and
3. Perform other transactions that are available or authorized under Online Banking services.
Online Banking Internet Banking Transactions
You must have enough available money or credit in any account from which you instruct us to make a payment or transfer. Your ability to transfer funds between certain accounts is limited by Federal and/or State law, as indicated in the account disclosures provided to you at account opening. Certain accounts may be money market or savings accounts and withdrawals or transfers from these accounts are limited to a total of no more than six (6) pre-authorized automatic, electronic or telephone transfers per calendar month, statement cycle, or similar period of at least four weeks. The kinds of transfers and withdrawals covered by this limitation are those made to another one of your accounts, including a transaction account, at the same institution or to a third party by means of a pre-authorized or automatic transfer, or telephonic agreement, order or instruction, including data transmission. The provisions in the document entitled “Terms & Conditions of Your Deposit Account” that you received when you opened your deposit account are hereby incorporated into this Agreement. You can request another one of these at the time you complete your Online Banking application. If you are an Originator who is not a natural person, a transaction from your account may not exceed the established dollar limit.
Financial Institution’s Liability
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 or damages. However, there are some exceptions. We will not be liable, for instance:
1. If, through no fault of ours, you do not have enough money in your account to make the transfer.
2. If you have overdraft privilege and the transfer would go over the limit.
3. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
4. There may be other exceptions stated in our agreement with you.
Confidentiality
We will disclose information to third parties about your account or the transfers you make:
1. Where it is necessary for completing transfers; or
2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
3. In order to comply with government agency or court orders; or
4. If you give us written permission.
Business Days
Our Online Banking service is generally available 24 hours a day, 7 days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday. Transfers made after 6:00 p.m. (or such earlier time as Adrian Bank establishes prior to holidays) will be processed on the next business day. Saturday, Sunday and holidays are not considered business days.
Statements
In addition to reflecting your other account activity, your statements will reflect any transfers or bill payments authorized by you using Online Banking services. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement or statement information.
Your Liability And Responsibility
By entering this Agreement, you agree, jointly and severally, to all of these terms of this agreement. You warrant the truth and accuracy of all documentation and representations, whether written or oral, that you have provided and will provide to Adrian Bank in connection with this agreement. You agree to provide all documentation and information that Adrian Bank may reasonably request in conjunction with this agreement. You are liable for all transactions that you make or authorize, even if the person you authorize exceeds the authority you intended them to have. If you have given someone your Online Banking Username and Password, or other means of access and want to terminate that person’s authority, you must change your Online Banking Username and Password or other means of access or take additional steps to prevent further access by such person. Each of the Adrian Bank customers executing this agreement jointly or severally agrees to hold Adrian Bank harmless from, and indemnify it for, all liability made or entered against Adrian Bank as a consequence of any transactions undertaken pursuant to the terms of this agreement.
Unauthorized Transactions Or Loss Or Theft Of Your Personal Online Banking Username Number Or Password
If you believe your Online Banking Username or Password, or other means of access has been lost or stolen or that someone has used them without your authorization, call us immediately at (800) 982-1334 during normal business hours or by faxing (816) 297-2176 or writing to:
Adrian Bank
Attn: Online Banking Department
P.O. Box 127
Adrian, MO 64720
Cancellation Of This Agreement
Adrian Bank has the right to cancel its obligation under the terms of this agreement at any time and for any reason. The reason for cancellation may or may not be a violation of the terms of this agreement by the customer. The customer may also cancel this agreement at any time. In such event, however, Adrian Bank shall have a right to request, and the customer shall have an obligation to provide, all information and cooperation necessary for the proper completion of all transactions undertaken prior to the termination of this agreement.
Mobile Deposit Terms & Conditions
Adrian Bank Mobile Deposit Addendum (“Addendum”) to Online Banking Agreement (“OBA”)
For Adrian Bank Online Services
This Addendum is effective May 1, 2020
Your use of the Adrian Bank Mobile Deposit Service is governed by the terms of the OBA and this Addendum. If we make changes to this Addendum, we will update the Addendum on our website. We will notify you of changes as specified in the OBA.
Your enrollment in the Adrian Bank Mobile Deposit Service constitutes your agreement with the terms of the OBA and this Addendum. Terms used herein but not defined shall have the meaning assigned to them in the OBA. You acknowledge that you have read this Addendum and will retain a copy for your records.
In this Addendum, the words “you” and “your” refer to you as the person entering into this Addendum. The words “you” and “your” also include any user you authorize to use the Adrian Bank Mobile Deposit on your behalf. The words “we,” “us,” and “our” refer to Adrian Bank.
Adrian Bank Mobile Deposit Service (“Adrian Bank Mobile Deposit Service” or “Service”)
1. Description of the Adrian Bank Mobile Deposit Service. The service enables you to use an Adrian Bank Mobile Banking application and certain hardware (such as a smartphone or other mobile device) approved by us to (i) create electronic images of the front and back of certain Paper Items (footnote 1) and (ii) transmit those images and other information, including, without limitation, information captured from the magnetic ink character recognition (“MICR”) line, to us for review and processing in accordance with this Addendum. “Electronic Item” means the electronic image of each Paper Item and other information captured from the Paper Item. After we receive your transmission, we will review each Electronic Item. For each Electronic Item that we determine is eligible for processing as described below, we will:
a. Create a substitute check that we will present directly or indirectly to the bank (a) on which the original Paper Item to which the Electronic Item relates is drawn, or (b) at or through which the Paper Item is payable (each, the “Paying Bank”);
b. Include the Electronic Item in an electronic file for presentment directly or indirectly to the Paying Bank; or
c. Present or post any Electronic Item for which we are the Paying Bank.
2. Qualification. In order to enroll in the Service, you must be designated as an owner of a Adrian Bank Account (the “Account”) that is eligible for this service, and be approved by Adrian Bank.
3. Conditions to Provision of the Service. As conditions to Adrian Bank’s provision of the Service, you shall (a) maintain an Account which has been open for a minimum of 30 days with no returned checks or transactions of questionable nature in the sole discretion of Adrian Bank (b) subscribe to Adrian Bank Online Banking, and (c) comply with such restrictions on the Service as we may communicate to you from time to time.
4. Fees. The Service is provided at no charge to you. We may, upon at least 30 days prior notice to you, to the extent required by applicable law, charge a fee for use of the Service. If you continue to use the Service after the fee becomes effective, you agree to pay the service fee that has been disclosed to you, as may be amended from time to time. Further, you will be required to designate an account at Adrian Bank from which fees for the Service will be debited (your” Billing Account”). Any applicable fees for the Service may be changed by us at our discretion at any time upon at least 30 days prior notice to you, to the extent required by applicable law. If the Billing Account is closed, or if the Billing Account does not have sufficient available funds to cover the fees, you authorize us to charge any such fees to any other deposit account you maintain with use.
5. Hardware. In order to use the Service you must use the type of hardware that we designate in our sole discretion as compatible with the Adrian Bank Mobile Deposit Service.
6. Creating and Transmitting Electronic Items to Adrian Bank. The following items may not be deposited through the Service: international checks, remotely created checks (whether in paper for or electronically created), checks drawn against a line of credit, stale dated checks, multi party checks, checks you know or suspect to be fraudulent or otherwise not authorized by the owner of the account on which the check is drawn or cash. Except as noted in the preceding sentence, only checks, money orders, cashier’s check, or traveler’s checks, drawn on or payable at or through a U.S. bank, can be transmitted through the Service. Additionally, only items that are made payable to, and endorsed by you, may be transmitted through the Service.
7. Processing Your Electronic Item(s). If you transmit your Electronic Item(s) to Adrian Bank before the Cut-Off Time on any Business Day we have separately previously disclosed to you in our Funds Availability Policy, we shall review and process your Electronic Item(s) on the next Business Day. Your Electronic Item(s) is deemed to have been received by the Bank when the Service generates a conformation message.
8. Exception Items. Each Business Day on which we review and process your Electronic Item(s), we will use commercially reasonable efforts to review each Electronic Item and to determine whether to reject any Electronic Item that we in our sole discretion determine to be ineligible for the Service (each an “Exception Item”). “Exception Item” includes, without limitation, an Electronic Item that (a) is illegible, altered or contains MICR data that is not machine-readable, (b) was previously processed as an electronic Item, or (c) is drawn on a bank(s) located outside the United States and is not payable at or through a bank located within the United States. We will notify you of each Exception Item by communication channels at our discretion. If you wish to attempt to deposit any Exception Item to your Account, you shall do so only by depositing the original Paper Item on which the Exception Item is based or as otherwise agreed between us. Even if we do not initially identify an Electronic Item as an Exception Item when we view and process the Electronic Item to which the Exception Item relates, the Electronic Item, substitute check, or the purported substituted check created by us from it may nevertheless be returned to us because, among other reasons, the Paying Bank determines that such item or check is illegible or missing an image. Our failure to identify an Exception Item shall not preclude or limit the obligation of you to Adrian Bank.
9. Deposits to the Account. Subject to our right to identify and reject Exception Items, we shall be deemed to have accepted each Electronic Item that is not an Exception Item for deposit to the Account on the Business Day that we process the Electronic Item, provided its transmission to us is prior to the Cut-Off Time previously disclosed to you in our Funds Availability Policy. In addition, an Electronic Item will be deemed to have been deposited at Adrian Bank’s main office in Adrian, Missouri.
10. Security Procedures. Any individual authorized by you to access the Service (a “User”) shall do so by entering a username and password (which at a minimum shall consist of characters, numbers and symbols of not less than 8 in length and consisting of both Capitalized letters, numbers and characters,) or other unique identifier that may be required (collectively referred to herein as “Security Credentials”). No person employed by Adrian Bank shall have access to any Security Credentials you or your Users created. From time to time, we may require you to use additional security and authentication procedures, as specified in the OBA.
11. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “ALL AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
12. LIMITATION OF LIABILITY.YOU AGREE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ADRIAN BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
13. Your Warranties to Adrian Bank. You represent and warrant to Adrian Bank that:
FAILURE TO PROTECT YOUR HARDWARE AND SECURITY CREDENTIALS MAY ALLOW AN UNAUTHORIZED PARTY TO ACCESS THE SERVICE AND TRANSMIT AN ELECTRONIC ITEM FOR DEPOSIT. ALL USES OF THE SERVICE THROUGH YOUR SECURITY CREDENTIALS WILL BE DEEMED TO BE USES AUTHORIZED BY YOU AND BE BINDING UPON YOU. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT OR UNAUTHORIZED USE OF YOUR SECURITY CREDENTIALS. YOU AGREE TO (i) EXERCISE RESPONSIBLE BEHAVIOR WHEN USING THE SERVICE, (ii) FOLLOW THE INSTRUCTIONS AND RECOMMENDATIONS THAT ADRIAN BANK PROVIDES YOU WITH RESPECT TO THE SERVICE, AND (iii) USE MAXIMUM CAUTION IN PROTECTING YOUR HARDWARE AND SECURITY CREDENTIALS FROM UNAUTHORIZED ACCESS. YOU AGREE TO NOTIFY ADRIAN BANK IMMEDIATELY IF YOU BECOME AWARE OF ANY LOSS OR THEFT OF, OR ANY UNAUTHORIZED USE OF THE SERVICE OR YOUR SECURITY CREDENTIALS.
14. Endorsement. You will use the Service only for Paper Items that are payable to, and endorsed by you. All Paper Items presented for processing as an Electronic Item shall bear the restrictive endorsement “For Mobile Deposit Only” followed by your signature.
15. You will properly secure all hardware you use in connection with the Service (including, but not limited to, securing the hardware with Security Credentials to prevent unauthorized use). You will maintain control over and be responsible for secure retention, storage, and destruction of original Paper Items for which you have created an Electronic Item. After transmitting the Electronic Item to us, you will retain the original Paper Item for a minimum of five (5) calendar days, but no longer than fourteen (14) calendar days, from the transmission date (Retention Period”). You will retain and store the original Paper Items in a secure and locked container that is only accessible by persons needing access to such Paper Items. During the Retention Period and upon our request, you agree to provide us with the original Paper Item(s). Once the Retention Period has expired, you will securely and irretrievably destroy original Paper Items from which you have previously created and submitted to us an Electronic Item.
16. You will not submit any duplicate Electronic Items to us.
17. You will not deposit to your Account or otherwise negotiate any original Paper Item from which you have previously created and submitted to us an Electronic Item, unless we have notified you that the Electronic Item is an Exception Item.
18. You will transmit to us only Electronic Items that are suitable for processing, including, but not limited to, Electronic Items that are eligible and contain machine-readable MICR data.
19. You will review and verify for accuracy the information contained in the Electronic Item(s) before you transmit it to us.
20. You will only transmit Electronic Item(s) that are drawn or payable at or through banks located within the United States.
21. You will not store or make a back up copy of the Electronic Item(s).
22. Limitation of Deposits. The maximum mobile deposit permitted for any one day is $5,000. The maximum amount of any individual Paper Item for any one day shall not exceed $1,500.
23. Your Agreement to Indemnify Adrian Bank. You will indemnify, defend, and save harmless Adrian Bank, its parent company and its affiliates and each of their respective directors, officers, employees, and agents (collectively in this Paragraph, “Indemnitees”) from and against all liabilities, damages, claims, obligations, demands, charges, costs, or expenses (including reasonable fees and disbursements of legal counsel and accountants) awarded against or incurred or suffered (collectively, “Losses and Liabilities”) by Indemnitee arising directly or indirectly from or related to the following (except for Losses and Liabilities arising directly or indirectly from or related to our willful misconduct):
- Any negligent or intentional act or omission by you in the performance of your obligations under this Addendum, including, but not limited to (i) duplicate scanning of the same original Paper Item, (ii) transmission of duplicate Electronic Items, (iii) calculation errors of deposit totals, (iv) numerical errors on deposit data entry, and (v) fraudulent or unauthorized use of your hardware or Security Credentials.
- Any material breach in a representation, warranty, covenant, or obligation of you contained in the Addendum;
- The violation of any applicable law, statute, or regulation in the performance of your obligations under this Addendum;
- Adrian Bank acting as a “reconverting bank” under the Check Clearing for the 21st Century Act through the creation of “substitute checks” or purported substitute checks using an Electronic Item or an illegible Electronic Item;
- Our presenting to Paying Bank and Electronic Item for payment; and
- Your failure to (i) securely maintain your hardware or the original Paper Items, or (ii) properly and timely dispose of original Paper Items, in which even such Losses and Liabilities shall include without limitation consequential damages. This Paragraph shall survive the termination of the Service.
24. Termination. You or we may terminate the Service at any time.
25. Right to Audit. We may periodically audit and verify your compliance with this Addendum. You agree to cooperate and provide information or documents, at your expense, as may be reasonably requested by Adrian Bank in the course of such audit.
26. Use of Technology Service Provider. Adrian Bank is utilizing a third party technology service provider (TSP) to provide the technology utilized by Adrian Bank to provide mobile deposit service. You agree and consent to the use of a TSP to outsource and provide the mobile deposit service. You are advised from time to time access to the mobile deposit service may not be accessible due to servicing and maintenance by the TSP. Adrian Bank is not responsible for any technical or other difficulties you experience when attempting to use the mobile deposit service or any resulting damages that you may incur.
27. Entire Agreement;Conflicting Terms, Governing Law, Other Terms. This Addendum forms part of and is incorporated by reference into the OBA. Except as amended by this Addendum, the OBA remains in full force and effect. In the event of any conflict between this Addendum and the OBA, this Addendum shall govern with respect to the Service. This Addendum shall be governed by the laws of the State of Missouri and of the United States. A determination that any provision of this Addendum is unenforceable or invalid shall not render any other provision of this Addendum unenforceable or invalid.
FOOTNOTES
1. “Paper Item” is an Item that is in paper form. For purposes of this Addendum, an “item” includes a check, a substitute check, draft, demand draft, preauthorized draft, image replacement document, money order, cashier’s check or traveler’s check.
2. “Business Day” is every day except Saturdays, Sundays and federal holidays. Deposit products offered by Adrian Bank, Member FDIC.
