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Electronic Funds Transfer Disclosure
and Internet Banking Service Agreement
Agreement
This agreement, along with the Fee Schedule, is a contract establishing
the rules that cover your electronic access to your accounts at Kearney
Trust Company (KTC) through KTC’s Internet Banking service. By using
Internet Banking you accept all terms and conditions of this Agreement.
Please read it CAREFULLY. The terms and conditions of the deposit
agreements and disclosures for each of your KTC accounts as well as your
other agreements with KTC such as loans, continue to apply
notwithstanding anything to the contrary in this Agreement. This
Agreement is also subject to applicable federal laws and the laws of the
State of Missouri (except to the extent this Agreement can and does vary
such rules or laws.) If any provision of this Agreement is found to be
unenforceable according to its terms, all remaining provisions will
continue in full force and effect. The headings in the Agreement are for
convenience or reference only and will not govern the interpretation of
the provisions. Any waiver (express or implied) by either party of any
default or breach of this Agreement must be in writing and shall not
constitute a waiver of any other or subsequent default or breach. You
may not assign this Agreement. This Agreement is binding upon your heirs
and KTC’s successors and assigns. Certain of the obligations of the
parties pursuant to this Agreement that by their nature would continue
beyond the termination, cancellation or expiration of this Agreement
shall survive termination, cancellation or expiration of this Agreement.
This Agreement, along with the Fee Schedule constitutes the entire
agreement between you and KTC with respect to the subject matter hereof
and there are no understandings or agreements relative hereto which are
not fully expressed herein.Definitions
As used in this Agreement, the words “we,” “our,” “us,” “bank,” and
“KTC” mean Kearney Trust Company. “You” and “your” refer to the account
holder authorized by KTC to use Internet Banking under this Agreement
and anyone else authorized by that account holder to exercise control
over the account holder’s funds through Internet Banking.
“Account” or “accounts” mean any one or more deposit or loan accounts
that you have with us at KTC.
“Electronic funds transfers” mean ATM withdrawals, pre-authorized
transactions, point of sale transactions and transfers to and from your
KTC accounts using Internet Banking including bill payments.
"Online Banking" also known as "Internet Banking."
“Internet Banking Services” mean the services provided pursuant to this
Agreement, including bill payment service.
“Business days” mean Monday through Friday, holidays are not included.
Internet Security Information
Our Internet Banking service utilizes a comprehensive security strategy
to protect accounts and transactions conducted over the Internet.
In-depth information on many of the techniques and features employed by
the system can be viewed or printed from our website where the system’s
consumer or commercial features are explained. In addition to our login
security, we use SSL (secure socket layer) encryption technology for
everything done in the system. Your browser automatically activates this
technology when it attempts to connect to our system and it will support
the 128-bit key length. Whenever SSL is securing your communications,
the browser will typically indicate the “secure session” by changing the
appearance of a small padlock icon at the bottom of the screen from open
to locked. What this means to you is that your communications are
scrambled from your browser to our servers at all times, so no
unauthorized party can read the information as it is carried over the
internet.
During your use of the Internet Banking system, we will pass a “cookie”
to your browser to identify you. We do not (and cannot) use our cookies
to obtain new information about you. A “cookie” is security data given
to a browser by a web server and returned by the browser on subsequent
transmissions to identify the user and encryption information. When you
log onto the system, this cookie enables us to process multiple
transactions during the session without you having to provide your
Access Code and password for each individual transaction. After a
predetermined amount of time set by our security system or when you log
off, the session cookie is no longer accepted and the password must be
re-entered. A new cookie is used for each session, so that no one can
use the cookie to access your account.
Requirements for Internet Banking
Each individual or business that wishes to use the Internet Banking in
his or her own name must have an access code and personal identification
number (PIN) for their account(s). You should keep these codes in a
secure location. (See section “Your Password”)
You will need a personal computer, direct dial modem, a web browser with
minimum browser requirements and access to the Internet (World Wide
Web). You are responsible for the installation, maintenance and
operation of this home or business computer, network, if any, modem, and
software (“Computer”). We will not be responsible for any errors or
failures involving any telephone service, Internet service, software
installation or malfunctions of your Computer and related equipment.
Access
To use Internet Banking, you must have an account at KTC, access to
Internet service and an email address. Once we have received your
enrollment request and verified your account information, we will send
you confirmation of our acceptance of your enrollment, along with your
assigned Access Code and temporary password, through the postal service
system. Internet Banking can be used to access only the KTC accounts you
are authorized owner or signer on. We undertake no obligation to monitor
transactions through Internet Banking to determine that they are made on
behalf of the account holder.
Hours of Access
You can use Internet Banking seven days a week, twenty-four hours a day,
although occasionally some or all Internet Banking services may not be
available due to emergency or scheduled system maintenance. We agree to
post notice of any extended periods of non-availability on the Internet
Banking website.
Internet Banking Services
You can use Internet Banking to review the balance of your KTC accounts,
view KTC account histories, transfer funds between your accounts, make
loan payments, make stop payment requests, and pay bills from your KTC
accounts in the amounts and on the dates you request if you have
requested the Bill Payment Service. Balance and activity information are
available as of 2:00 p.m. Central Standard Time of the previous business
day. We may introduce new services from time to time. We will notify you
of any of these services. When you use the services as they become
available, you agree to the rules governing these new services, which
will be communicated to you.
By using the Internet Banking service, each of you, jointly and
severally, agrees to the terms and conditions in this Agreement, and any
amendments. The terms and conditions in this agreement are in addition
to the terms of any account agreements you have with us, including the
Account Agreement, Signature Card, Rate and Fee Schedule, Funds
Availability Disclosure, Resolution authorizing the use of the Account,
and any change of terms or notices.
Registration Process
The service requires the customer to complete the initial enrollment
process. Once we verify the information you submitted for accuracy and
authorizations, you will be notified when your account will be activated
by postal mail.
Your Password
For security purposes, you are required to change your password upon
your initial login to Internet Banking. You determine what password you
will use; the identity of your password is not communicated to us. You
agree that we are authorized to act on instructions received under your
password. You accept responsibility for the confidentiality and security
of your password and agree to change your password regularly. Upon three
unsuccessful attempts to use your password, your access to Internet
Banking will be revoked. To re-establish your authorization to use
Internet Banking, you must contact us to have your password reset or to
obtain a new temporary password. We recommend that you create a password
that utilizes both upper-and lower-case alpha and numeric characters for
purposes of security. Your password should not be associated with any
commonly known personal identification, such as social security numbers,
address, date of birth or names of children, and should be memorized
rather than written down.
After 90 days of inactivity, your access to Internet Banking will be
deactivated and you will need to enroll again for access.
Security
You understand the importance of your role in preventing misuse of your
accounts through Internet Banking, and you agree to promptly examine the
paper statement for each of your KTC accounts as soon as you receive it.
You agree to protect the confidentiality of your account and account
number, and your personal identification information such as your
driver’s license number and social security number. You understand that
personal identification information by itself or together with
information related to your account may allow unauthorized access to
your account. Your access codes are intended to provide security against
unauthorized entry and access to your accounts. Data transferred via
Internet Banking is encrypted in an effort to provide transmission
security; Internet Banking utilizes identification technology to verify
that the sender and receiver of Internet Banking transmissions can be
appropriately identified by each other. Notwithstanding our efforts to
ensure that the Internet Banking is secure, you acknowledge that the
Internet is inherently insecure and that all data transfers, including
electronic mail, occur openly on the Internet and can potentially be
monitored and read by others. We cannot and do not warrant that all data
transfers utilizing KTC’s Internet Banking, or email transmitted to and
from us, will not be monitored or read by others.
Virus Protection
KTC is not responsible for any electronic virus or viruses that you may
encounter. We encourage our customers to routinely scan their PCs and
diskettes using a reliable virus detection product to detect and remove
any viruses. Undetected or unrepaired viruses may corrupt and destroy
your programs, files and even your hardware. Additionally, you may
unintentionally transmit the virus to other computers.
Fees and Charges
You agree to pay the fees and charges as set forth in the current fee
schedule for your use of Internet Banking. You agree that all such fees
and charges will be deducted from the KTC checking account designated on
your enrollment request. If you close your designated account, you must
contact us immediately to designate another account. You agree to pay
any additional reasonable charges for services you request not covered
by this Agreement. You are also responsible for telephone and Internet
service fees incurred in connection with your use of Internet Banking.
Posting of Transfers
Transfers initiated through Internet Banking before 2:00 p.m. Central
Standard Time on a business day are posted to your account the same day.
Transfers completed after 2:00 p.m. Central Standard Time on a business
day, Saturday, Sunday or banking holiday will be posted on the next
business day. The Internet Banking service identifies a transfer based
upon the Access Code of the user who made the electronic transfer.
Accordingly, you understand and acknowledge that the Internet Banking
system will not reflect transfers made by multiple users from the same
account if different Access Codes are used. You agree to communicate to
any other persons with authorized access to your accounts concerning any
transfers or bill payments from your accounts, in order to avoid
overdrafts.
Overdrafts (Order of Payments, Transfers and Other Withdrawals)
If your account has insufficient funds to perform all electronic fund
transfers you have requested for a given business day, then:
(a)
Electronic funds transfers involving currency disbursements, like ATM
withdrawals, will have priority;
(b) Electronic fund transfers initiated
through Internet Banking which would result in an overdraft of your
account may, at our discretion, be cancelled and
(c) In the event that
electronic fund transfers initiated through Internet Banking which would
result in an overdraft of your account are not cancelled, overdraft
charges may be assessed pursuant to the terms of the deposit agreement
for that account.
Limits on Amounts and Frequency of Internet Banking Transactions
The number of transfers from KTC accounts and the amounts that may be
transferred are limited pursuant to the terms of the applicable deposit
agreement and disclosure for those accounts. If a hold has been placed
upon deposits made to an account from which you wish to transfer funds,
you cannot transfer the portion of the funds held until the hold
expires.
Internet Banking Bill Payment Service
You must designate: the KTC checking account from which the payments are
to be made; the complete name of the payee, the account number, and the
payee’s remittance address, all exactly as shown on the billing
statement or invoice; the amount of the payment and the date you want
the payment to be debited from your account. By using the Internet
Banking Bill Payment Service option, you agree that based upon
instructions received under your password, we can charge your Designated
Checking Account by electronic transfer, “no signature required draft”
or by debiting and remitting funds on your behalf. We reserve the right
to refuse payment to any payee designated by you. If we do so, we will
notify you promptly.
Scheduling Internet Banking Payments
If the payee is to be paid by paper check, you understand and agree that
paper checks are mailed to the payee and the payee may not receive the
payment until 5 to 8 business days after the date the payment is debited
from your account. If the payee is to be paid electronically, you
understand and agree that the payee may not receive the payment until 72
hours after the date the payment is debited from your account. You
understand and agree that we are not responsible for the timely delivery
of mail or the improper transmission or handling of payments by a third
party, such as the failure of the bill payment payee to properly post a
payment to your account.
How to Cancel a Bill Payment
To cancel a bill payment scheduled through Internet Banking, you must
cancel the payment online via Internet Banking (by following the
onscreen instructions) before 2:00 p.m. Central Standard Time on the
date the payment is scheduled to be debited from your account.
Stop Payment Requests
Stopping the payment of a check is different from the cancellation of a
bill payment. Once an electronic bill payment has been debited from your
account, you CANNOT cancel or stop it. You may be able to stop an
Internet Banking bill payment paid by paper draft by contacting us via
telephone before the paper draft has cleared. (You will have to contact
us by telephone to determine if the paper draft has cleared.) If the
paper draft has not cleared, we will immediately process your stop
payment request. We will notify you immediately if the paper draft has
already cleared. To be effective, this type of stop payment request must
precisely identify the name of the payee, the payee-assigned account
number, the amount and scheduled date of the payment and the
confirmation number. You may only initiate stop payment requests online
via Internet Banking for paper checks you have written
(non-electronically) on your KTC accounts (not Internet Banking bill
payer paper drafts.) Online stop payment requests are processed on the
business day following the date the stop payment has been requested
online. To be effective, this type of stop payment request must
precisely identify the name of the payee, the check number, the amount
and date of the check. If you make your stop payment request online or
by telephone, we may also require you to put your request in the form of
a paper writing and get it to us within 14 days after you call. You will
incur stop payment charges as disclosed in the current fee schedule for
the applicable account. Stop payment charges for Internet Banking bill
payment paper drafts will be assessed in addition to the stop payment
charges for the applicable account.
Disclosure of Account Information and Transfers
You understand information about your accounts or the transfers you make
may automatically be disclosed to others. For example, tax laws require
disclosure to the government of the amount of interest you earn, and
transactions such as large currency and foreign transactions must be
reported to the government. We may also provide information about your
accounts to persons or companies we believe would use the information
for reasonable purposes, such as when a prospective creditor seeks to
verify information you may have given in a credit application or a
merchant calls to verify a check you have written. In addition, we
routinely inform credit bureaus when accounts are closed because they
were not handled properly. We may also seek information about you from
others, such as the credit bureau, in connection with the opening or
maintaining of your account or in connection with approving your access
to Internet Banking. You agree and hereby authorize all of these
transfers of information.
Periodic Statements
You will not receive a separate Internet Banking statement. Transfers to
and from your accounts using Internet Banking will appear on the
respective periodic paper statements for your KTC accounts.
Change in Terms
We may change any term of this Agreement at any time. If the change
would result in increased fees for any Internet Banking service,
increased liability for you, fewer types of available electronic fund
transfers or stricter limitations on the frequency or dollar amount of
transfers, we agree to give you notice at least 30 days before the
effective date of any such change, unless an immediate change is
necessary to maintain the security of an account or our electronic fund
transfer system. We will post any required notice of the change in terms
on the KTC Internet Banking website or forward it to you by email or by
postal mail. If advance notice of the change is not required, and
disclosure does not jeopardize the security of the account or our
electronic fund transfer system, we will notify you of the change in
terms within 30 days after the change becomes effective. Your continued
use of any or all of the subject Internet Banking Services indicate your
acceptance of the change in terms. We reserve the right to waive, reduce
or reverse charges or fees in individual situations. You acknowledge and
agree that changes to fees applicable to specific accounts are governed
by the applicable deposit agreements and disclosures.
In Case of Errors or Questions about Your Electronic Transfers,
including Bill Payments
Contact us as soon as you can if you think your paper statement is
wrong, or if you need more information about a transfer listed on your
paper statement. We must hear from you no later than 60 days after we
sent the FIRST paper statement upon which the problem or error appeared.
When you contact us:
(1) Tell us your name and account number;
(2)
Describe the error or transfer you are unsure about and explain as
clearly as you can why you believe it is an error or why you need more
information;
(3) Tell us the dollar amount of the suspected error and
(4) If the suspected error relates to a bill payment made via the
Internet Banking Bill Payment Service, tell us the account number used
to pay the bill, payee name, the date the payment was sent, payment
amount, confirmation number and the payee account number for the payment
in question. If you contact us by telephone or by email, we may require
that you send us your complaint or question in the form of paper writing
by postal mail or fax within 10 business days. We will determine whether
an error occurred within 10 business days (20 business days if the
transfer involved a new account) after you contact us, and will correct
any error promptly. If we need more time, however, we may take up to 45
days (90 days if the transfer involved a new account, a point-of-sale
transaction, or a foreign-initiated transfer) to investigate your
complaint or question. If we decide to do this, we will provisionally
credit your account within 10 business days (20 business days if the
transfer involved a new account) 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. An account is considered a new account for
30 days after the first deposit is made, if you are a new customer. If
we ask you to put your complaint or question in writing and we do not
receive it within 10 business days, we may not provisionally credit your
account. We will tell you the results within 3 business days after
completing our investigation. If we decide there was no error, we will
send you a written explanation. You may ask for copies of the documents
that we used in our investigation. If we have made a provisional credit,
a corresponding debit will be made from your account.
Our Liability for Failure to Make a Transfer
If we do not complete a transfer to or from your account, including a
bill payment, on time or in the correct amount, according to our
agreement with you when you have properly instructed us to do so, we
will be liable to you for your losses or damages caused as a result.
However, there are some exceptions: We will NOT be liable for (1) If,
through no fault of ours, you do not have enough money in your account
to make a transfer; (2) If a legal order directs us to prohibit
withdrawals from the account; (3) If your account is closed, or if it
has been frozen; (4) If the transfer would cause your balance to go over
the credit limit of an established line of credit or the credit limit
for any credit arrangement set up to cover overdrafts; (5) If you, or
anyone authorized by you, commits any fraud or violates any law or
regulation; (6) If any electronic terminal, telecommunication device, or
any part of the Internet Banking electronic fund transfer system is not
working properly and you knew about the problem when you started the
transfer; (7) If you have not provided us with complete and correct
payment information for the Bill Payment Service, including, without
limitation, the name, address, your payee-assigned account number,
payment date and payment amount for the payee on a bill payment; (8) If
you have not properly followed the on-screen instructions for using
Internet Banking or (9) If circumstances beyond our control (such as
fire, flood, interruption in telephone service or other communication
lines) prevent the transfer, despite reasonable precautions that we have
taken.
Your Liability for Unauthorized Transfers
CONTACT US AT ONCE if you believe your password has been lost, stolen,
used without your authorization, or otherwise compromised, or if someone
has transferred or may transfer money from your accounts without your
permission. An immediate telephone call to us is the best way to reduce
any possible losses. You could lose all the money in your accounts (plus
your maximum overdraft line of credit, if any). If you contact us within
2 business days after you learn of the loss, theft, compromise, or
unauthorized use of your password, you can lose no more than $50 if
someone used your password without your permission. If you do NOT
contact us within 2 business days after you learn of the loss, theft,
compromise, or unauthorized use of your password, and we can prove we
could have stopped someone from using your password to access your
accounts without your permission if you had told us, you could lose as
much as $500. Also, if your paper statement shows transfers that you did
not make, contact us at once. If you do not tell us within 60 days after
the paper statement was mailed to you, you may not get back any money
you lost through transactions made after the 60 day time period if we
can prove that we could have stopped someone from taking money if you
had told us in time. If a good reason (such as a long trip or hospital
stay) kept you from contacting us, we will extend the time periods.
Disclaimer of Warranty and Limitation of Liability
We make no warranty of any kind, express or implied, including any
implied warranty of merchantability or fitness for a particular purpose,
in connection with the Internet Banking Services provided to you under
this Agreement. We do not and cannot warrant that Internet Banking will
operate without errors, or that any or all Internet Banking Services
will be available and operational at all times. Except as specifically
provided in this Agreement, or otherwise required by law, you agree that
our officers, directors, employees, agents or contractors are not liable
for any indirect, incidental, special or consequential damages under or
by reason of any services or products provided under this Agreement or
by reason of your use of or access to Internet Banking, including loss
of profits, revenue, data or use by you or any third party, whether in
an action in contract or tort or based on a warranty. Further, in no
event shall the liability of Kearney Trust Company and its affiliates
exceed the amounts paid by you for the services provided to you through
Internet Banking.
Enforcement
You agree to be liable to us for any liability, loss, or expense as
provided in this Agreement that we incur as a result of any dispute
involving your accounts or services. You authorize us to deduct any such
liability, loss, or expense from your account without prior notice to
you. In the event either party brings a legal action to enforce the
Agreement or collect any overdrawn funds on accounts accessed under this
Agreement, the prevailing party shall be entitled, subject to applicable
law, to payment by the other party of its reasonable attorney’s fees and
costs, including fees on any appeal, bankruptcy proceedings, and any
post-judgment collection actions, if applicable.
Assignment
We reserve the right to assign our rights and delegate our duties under
this Agreement to a company affiliated with us or any other company.
Your Right to Terminate
You may cancel your Internet Banking service at any time by providing us
with written notice by postal mail or fax. Your access to Internet
Banking will be suspended within 3 business days of our receipt of your
instructions to cancel the service. You will remain responsible for all
outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate
You agree that we can terminate or limit your access to Internet Banking
Services for any of the following reasons: (1) Without prior notice, if
you have insufficient funds in any one of your KTC accounts; Internet
Banking Service may be reinstated, in our sole discretion, once
sufficient funds are available to cover any fees, pending transfers and
debits; (2) Upon 3 business days notice, if you do not contact us to
designate a new Checking Account immediately after you close your
Designated Checking Account and (3) Upon reasonable notice, for any
other reason in our sole discretion.
Communications between KTC and You
Unless this Agreement provides otherwise, you can communicate with us in
any one of the following ways:
(1) Email – You can contact us by email at: info@kearneytrust.com
(please note that banking transactions through Internet Banking are not
made via email);
(2) Telephone – You can contact us by telephone at (816) 628-6666;
(3) Facsimile - You can contact us by fax at (816) 628-4629;
(4) Postal Mail – You can write us at: Kearney Trust Company, PO Box
137, 310 West Hwy. 92, Kearney, MO, 64060 and
(5) In-Person - You may visit us in person at 310 West Hwy. 92, Kearney, MO 64060
(6) Bill Pay – You can contact by telephone at (866) 748-5825
Consent to Electronic Delivery of Notices
You agree that any notice or other type of communication provided to you
pursuant to the terms of this Agreement, and any future disclosures
required by law, including electronic fund transfer disclosures, may be
made electronically by posting the notice on the KTC Internet Banking
website or by email. You agree to notify us immediately of any change in
your email address.
Fee Schedule
Online Banking
There are no fees associated with Internet inquiries.
Internet transfers and mobile banking transfers are subject to fees as disclosed in the current fee schedule for the applicable account.
(For example, you may incur an activity fee on a savings account if you have exceeded the allowed withdrawals for that quarter.)
Bill Pay
Trial Period:
First 3 Months – Unlimited Bill Pay – No Charge
After Trial Period:
Pay at least 3 bills a month - Unlimited Bill Pay - No Charge
Pay less than 3 bills a month - Unlimited Bill Pay - Monthly Fee $5.95
I ACCEPT the Terms of the Electronic Funds Transfer Disclosure and
Internet Banking Service Agreement
I DO NOT ACCEPT the Terms of the Electronic Funds Transfer Disclosure
and Internet Banking Service Agreement
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