Internet Banking Agreement
Effective Date: January 1, 2024
Internet Banking Customer Service Department:
Community State Bank
P.O. Box 217
Paton, Iowa 50217
ELECTRONIC FUND TRANSFER AGREEMENT AND DISCLOSURE
The following contains an agreement and disclosures relating to Electronic Fund Transfers (EFT) on your deposit Account. The EFT services we offer are set forth below and while some may not apply to your Account, please read this Agreement carefully because it tells you your rights and obligations for those EFT transactions which are applicable to your Account. You should retain this notice for future reference,
RESPONSIBILITY FOR EFT TRANSACTIONS: DEFINITIONS
You are responsible for all authorized electronic fund transfers that occur through the use of your access device which Financial Institution will issue to you. You authorize Financial Institution to charge to your accounts all authorized electronic fund transfers, including, but not limited to, electronic fund transfers resulting from preauthorized transfers, use of your access device, or other EFT transactions described herein. In this document, the following words have the following meanings: the words "Depositor," "you," and "your" mean the owners/authorized signers of the Account named in the Signature Card; the words "Financial Institution," "we," "us" and "our" mean the Financial Institution named in the Signature Card; the word "access device" means both the personal identification number (PIN) and/or your automated teller machine (ATM) card or other debit card given to you for use in accessing the Account; the word "Account" means the deposit account with the Financial Institution created under the Signature Card; the word "Signature Card" means the Signature Card and Deposit Agreement you signed when these disclosures were given to you; and the word "Agreement" means this Electronic Fund Transfers Agreement and Disclosure. Other EFT transactions may include: (i) a transfer resulting from you providing a check to a merchant or other payee to capture the routing, account and serial numbers to initiate the transfer (commonly referred to as "electronic check conversions") whether you, the payee or the Financial Institution retains the check; (ii) a payment made by a bill payment service via computer or other electronic means, unless all payments under the service are made solely by check, draft or similar paper instrument drawn on your Account; (iii) any fee authorized by you to be debited electronically from your Account because a check was returned for insufficient funds; (iv) a transfer you initiate by telephone if the Financial Institution has a written plan or agreement allowing transfers to be initiated by telephone; and (v) any other transfer initiated through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or authorizing the Financial Institution to debit or credit your Account.
LIABILITY FOR UNAUTHORIZED USE
CONTACT US AT ONCE if you believe your access device has been lost or stolen or if you believe an EFT has been made without your permission using information from your check. For additional instructions see the Error Resolution provisions included in this Agreement. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account (plus your maximum overdraft line of credit or overdraft privilege/protection amount, if any). If you tell us within 2 business days after you learn of the loss or theft of your access device, you can lose no more than $50 if someone used your access device without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your access device, and we can prove we could have stopped someone from using your access device without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 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 stopped someone from taking the money if you had told us in time. If a good reason such as an extended trip or hospitalization prevented you from telling us, we will extend the time periods.
__ Visa®: Notify us immediately if your card is lost, stolen or fraudulently used. You will not be held liable for unauthorized transactions processed through the Visa network unless you have been negligent, engaged in fraud or participated in the transaction.
X Mastercard@: Promptly notify us of a loss or theft or if you suspect unauthorized activity. You will not be held liable if you have used reasonable care in protecting your card from the risk of loss or theft.
If you believe your access device has been stolen or that someone has or may transfer money from your Account without your permission, call: 515-968-4131
or write: Community State Bank
P.O. Box 217
Paton, IA 50217
You should also call the number or write to the address above if you believe a transfer has been made using the information from your check without your permission.
For the purpose of these disclosures, our business days are Monday through Friday. Saturdays are considered Banking Days.
Holidays: __ are X are not included.
TYPES OF TRANSFERS AND LIMITATIONS
You may authorize a third party to initiate one-time or recurring payments to/from your Account via one of the various payment networks. The third party will require you to provide your Account number and our routing transit number, both of which can be {bund on your checks or your debit card information. We recommend providing this information only to a trusted entity to which you are granting authorization to transact on your Account. You are responsible for notifying an authorized third party if your Account is closed or your debit card number or expiration date has changed, if applicable. These types of transactions may include, but are not limited to:
PREAUTHORIZED TRANSACTIONS WITH THIRD PARTIES |
X Direct deposits to checking account(s) |
X Direct deposits to savings account(s) |
X One-time charge to make a payment or pay a bill from your checking account |
X Recurring charges to make payments or pay bills from your checking account |
__ One-time charge to make a payment or pay a bill from your savings account |
__ Recurring charges to make payments or pay bills from your savings account |
Electronic Check Conversion: You may authorize a merchant or other party to make a one-time electronic payment from your checking account using information from your check to: (i) pay for purchases, (ii) pay bills, or (iii) collect a charge if your check has been returned unpaid.
You may use your access device(s) to:
ATM/DEBIT CARD TRANSFERS* |
|
X Make deposits to checking account(s) |
X Get cash withdrawals from checking account(s) |
X Make deposits to savings account(s) |
X Get cash withdrawals from savings account(s) |
X Transfer funds from checking account(s) to savings account(s) |
__ Make payments from checking to loans with us |
X Transfer funds from savings account(s) to checking account(s) |
__ Make payments from savings to loans with us |
X Transfer funds between checking accounts
|
X Get information on checking account(s)
|
X Transfer funds between savings accounts |
X Get information on savings account(s)
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X Purchase goods, pay for services, or get cash from a participating merchant or financial institution. |
*Some of' these services may not be available at all terminals. |
TELEPHONE TRANSFERS |
|
__ Transfer funds from checking account(s) to savings account(s) |
__ Make payments from checking to loans with us |
__ Transfer funds from savings account(s) to checking account(s) |
__ Make payments from savings to loans with us |
__ Transfer funds between checking accounts |
__ Pay bills or other third parties from your account in the amounts and on the days you request |
__ Transfer funds between savings accounts |
__ Get information on checking account(s) |
|
__ Get information on savings account(s) |
COMPUTER TRANSFERS |
|
X Transfer funds from checking account(s) to Savings account(s) |
X Make payments from checking to loans with us account(s) |
X Transfer funds from savings account(s) to checking account(s) |
X Make payments from savings to loans with us account(s) |
X Transfer funds between checking accounts
|
__ Pay bills or other third parties from your account in the account(s) amounts and on the days you request |
X Transfer funds between savings accounts |
X Get information on checking account(s)
|
|
X Get information on savings account(s)
|
MOBILE BANKING TRANSFERS |
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X Transfer funds from checking account(s) to savings |
X Make payments from checking to loans with us account(s) |
X Transfer funds from savings account(s) to checking |
X Make payments from savings to loans with us |
X Transfer funds between checking accounts |
__ Pay bills or other third parties from your account in the account(s) amounts and on the days you request |
X Transfer funds between savings accounts |
X Get information on checking account(s) |
|
X Get information on savings account(s) |
All deposits, payments, and transfers made through the use of your access device or by a preauthorized transfer are subject to proof and the verification by Financial Institution. Transactions made after our cutoff time will be processed on the following business day.
FREQUENCY AND DOLLAR AMOUNTS OF TRANSFERS
You may use your card to withdraw cash from our ATM terminals _______ times each _______ subject to a dollar limitation of$ ______ each ______ _
You may use your card for point-of-sale transfers ________ times each ________ subject to a dollar limitation of$ _____ each ______ _
You may use your telephone/online/mobile bill payment to make payments to third parties _____ times each ____ _ subject to a dollar limitation of$ _____ each ______ _
For security reasons, there are limits on the number of transfers you can make using D terminals D telephone bill-payment service D mobile banking orD point-of-sale service.
CHARGES FOR ELECTRONIC FUND TRANSFERS
__ We will charge$ _____ for each transfer you make using our ? terminals ? telephone bill payment service ? point-of sale transfer service ? mobile banking service ? ( other) _____________________
__ We will charge$ _____ for a new card.
__ We will charge$ _____ for a replacement card.
If you use your card on a terminal we do not own or operate, we will charge your Account:
__ $ _____ for each deposit;
__ $ for each withdrawal;
__ $ for each balance inquiry.
__ _______________________________________________________________________________.
__ ________________________________________________________________________________.
If an electronic service is available, but no charge is itemized in the Disclosure furnished to you as a part of your Account Agreement, there will be no fee imposed by us for that service.
When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
FOREIGN TRANSACTIONS: A Foreign Transaction fee is a fee that may be assessed for a transaction that occurs outside of the United States, even if the transaction is processed in U.S. Currency. For transactions conducted in a foreign currency, the transaction will be converted to U.S. Dollars by the network processing the transaction in accordance with operating rules or conversion procedures in effect at the time the transaction is processed. The exchange rate used may be based on either a rate selected by the processor from the range of rates available in wholesale currency markets or a rate mandated by the government that isst1es or controls the currency. The rate may differ from the exchange rate the network receives and may be determined on the processing date rather than date of the actual transaction. The ATM owner and/or networks processing the transactions may assess additional fees, which will appear on your statement as "cross border fee," "foreign transaction fee," or other similar labels.
We: __ will charge a _________ of$ ___ or _____ % for each foreign transaction.
X will not charge a fee for a foreign transaction.
AUTHORIZATIONS AND HOLDS
When you use your card at a merchant location to obtain goods, services or cash, the merchant may ask us to authorize the amount of the transaction. When we authorize a transaction, we may place a hold on the funds. Sometimes a merchant requesting authorization will not know the exact amount of the transaction (for example car rental, hotel, etc.) and the hold we place will be less than or greater than the transaction amount. The transaction will be processed from your Account when the merchant sends it to us, regardless of whether the amount differs or the hold has expired.
DOCUMENTATION
You can get a receipt at the time you make any transfer greater than $15.00 to or from your Account using one of our electronic terminals.
If you have made arrangements to have DIRECT DEPOSITS made to your Account at least once every 60 days from the same entity or person, you can call us at 515-968-4131 to find out whether or not the deposit has been made.
You will get a Monthly account statement unless there are no transfers in a particular month. In any case you will get the statement at least quarterly. If you have a passbook account where the only possible electronic fund transfers are preauthorized credits, and you bring your passbook to us, we will record any electronic deposits that were made to your Account since the last time you brought in your passbook.
CONFIDENTIALITY
We will on occasion DISCLOSE INFORMATION TO THIRD PAR TIES about your Account or the transfers you make: ( 1) If you have given us written permission to do so, (2) In order to comply with a Government agency or court order, (3) Where it is necessary for completing the transfer, (4) As necessary to verify the existence and condition of your Account to a credit bureau or merchant, (5) As permitted by the Federal Right to Financial Privacy Act of 1978 and the Federal Fair Credit Reporting Act and other applicable federal and state laws and regulations.
STOP PAYMENT PROCEDURES
If you have previously instructed us to make regular payments out of your Account, you can stop any of these payments. To stop a payment: Call or write us at the telephone number or address listed in this disclosure in time for us to receive your request at least 3 business days or more before the payment is scheduled to be made. You may call, but we may still request that you write us within 14 days of the call. Each stop payment order given will result in charge as disclosed on the Schedule of Fees and Charges.
If regular payments you make will vary in amount, the person to whom you are making the payments will notify you at least 10 days in advance of each payment, when it will be made and in what amount. (At your option, you may request this information only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
If we fail to stop a payment or preauthorized transfer and you have notified us 3 business days or more before the transfer is scheduled, we will be liable for your losses or damages.
LIABILITY
If we FAIL TO 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 with 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 or if the transfer would exceed the credit limit on your overdraft line, if any, (2) If the money in your Account is subject to legal process or other encumbrances restricting the transfer, (3) If the terminal where you are making the EFT does not have enough cash, (4) If extenuating circumstances prevent the transfer, despite reasonable precautions we have taken, (5) If the terminal or system was not working properly and you knew about the breakdown when you started the EFT, or (6) If incomplete or inaccurate information is forwarded by the United States Treasury or through an auton1ated clearing house.
ERROR RESOLUTION
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS telephone us or write us at the number or address listed in this disclosure as soon as possible, if you think your statement or receipts are wrong or if you need more information about a transfer listed on the statement or your receipt. We must hear from you no later than 60 days· after we sent the FIRST statement on which the error or problem appeared. You should:
(1) Tell us your name and account number (if any).
(2) Describe the error or transfer in question, 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.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (20 business days if the error involves an EFT made during the first 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 45 days (90 days if the transfer involved a point-of-sale transaction, a foreign initiated transfer or an EFT made during the first 30 days after the first deposit to the Account was made) to investigate your complaint or question. If we decide to do this we will credit your Account within 10 business days (20 business days if the error involves an EFT made during the first 30 days after the first deposit to the Account was made) for the amount you think is in error, so that you will have the use of 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 10 business days, we may not credit your Account.
We will tell you the results within 3 business days after completing our investigation. If we decide that 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.
AMENDMENT OR CANCELLATION
AMENDMENT: If we make a change to this Agreement that results in increased fees or charges, increased liability to you, fewer types of available electronic fund transfers, or stricter limitation on the frequency or dollar amount of transfers, we will mail or deliver a written notice to you at least 21 days prior to the effective date of the change. However, if an immediate change in terms and conditions is necessary to maintain or restore the security of an account or EFT system, we may not provide advance notice. If we make such a change permanent and disclosure of the change would not jeopardize security, we may notify y9u on or with the next regularly scheduled periodic statement or within 30 days of making the change permanent. Your continued use of EFT services after such notice constitutes your acceptance of the changes.
CANCELLATION: We may, without prior notice, cancel your card and/or this Agreement at any time. You will be liable for any amount owed us at the time of such cancellation. You may cancel your card at any time by notifying us at the telephone number and/ or address included in this disclosure. If you fail to notify us and someone uses your card, you may be liable. If you cancel your card, please ? return it to us ? destroy it. If the Account tied to the access device is closed, the device will also be closed.
OTHER RULES APPLYING TO ELECTRONIC TRANSFERS
SAFETY PRECAUTIONS
• Park in or near a well-lighted area. If the view of the ATM is obscured by trees or shrubs, choose
another ATM.
• Observe the area for suspicious persons or activity, preferably from your car, before beginning
your transaction.
• If you see anyone or anything suspicious, you may choose to use another ATM or delay your
transaction.
• If using a drive through machine, lock the doors and roll up the other windows.
• Have someone accompany you.
• Get your card out and have it in hand, ready to use prior to approaching the ATM.
• Visually inspect the A TM for evidence of tampering or skimming devices. Do not use the
machine if it looks damaged or if the card slot is loose or appears to have extra pieces.
• Shield the key pad from view (using your body or other hand) so no one can see your PIN.
• Never make a display of your cash. Pocket your card and cash quickly and count it later in a safe
place.
• Never leave a receipt or transaction record behind.
• Cancel your transaction, remove your card and leave the area immediately, even in the middle of
a transaction, if you become concerned for your safety.
• Report any suspicious activity or crime to the ATM operator or local law enforcement as soon as
possible.
Remember to protect your card and PIN:
• Keep your card in a safe place, protect it in the same manner as you would cash, credit cards or
checks.
• Do not reveal your PIN to any person not authorized by you to use the ATM Card and don't write
the PIN on the ATM Card or on any item kept with the ATM Card.
• Never give your card number or PIN to anyone over the telephone. If a caller requesting this
information identifies themselves as your Bank or the police do not give them the information.
Verify the correct phone number using a trusted source and call them back. Notify the police if
the call is not legitimate.
• Don't leave your card in your car (even if it is locked), on your desk at work or lying around the
house.
• Always make sure your card is returned to you at the conclusion of each transaction.
• Notify your bank immediately if you cannot locate your card.
DEPOSIT AGREEMENT
INTRODUCTION: By signing a Signature Card and opening an Account with Financial Institution, Depositor will be deemed to have agreed to and accepted all of the terms and conditions in this Deposit Agreement and other account-opening documents that are applicable to the Account. "You" and "Your" refer to the Depositor (whether one or more). "We", "Us" and "Our" refer to Financial Institution.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you, We may also ask to see your driver's license or other identifying documents.
IDENTIFYING AND VERIFYING BENEFICIAL OWNER(S) OF LEGAL ENTITY CUSTOMERS: To help the government fight financial crime, federal law requires certain financial institutions to obtain, verify, and record information about the beneficial owners of legal customers (unless excluded by the law) at the time a new account is opened. What this means for you: When a legal entity opens an account, we will ask for the name, address, date of birth, and other information that will allow us to identify the beneficial owners and control individual of the legal entity. We will request ownership information and may ask for copies of the beneficial owners' and control individual's driver's licenses or other identifying documents. The individual opening the account will be asked to certify this information.
AGREEMENT: This Agreement, and any other documents provided to you at account opening, establish the rules governing your Account and related services. Please read these documents carefully and retain them for future reference. (a) This Deposit Agreement is governed by federal law and regulations, the laws of the state where Financial Institution's main office is located, applicable rules and regulations established by the Federal Reserve, applicable payment systems, clearinghouses, and general banking practices. Where a law, regulation or rule can be varied by agreement, the terms of this Agreement will control with respect to the Account. If this Agreement conflicts with any oral information provided by one of our employees, this Agreement will govern, If any provision of this Agreement is or becomes illegal or unenforceable in whole or in part for any reason, or is held by a court of competent jurisdiction to be contrary to law, such provision will be modified or deemed deleted from this Agreement and the remaining provisions shall not in any way be affected or impaired thereby. If we permit a variation from this Agreement, such variations shall be evidenced in an additional written agreement with you. (b) Ownership of this· Account cannot be transferred to another party without our written consent. (c) Subject to any signature number requirements, any Depositor or Authorized Signer may close the Account at any time but all Depositors shall remain liable for all accrued charges and for the amount of all checks or other items drawn against the Account whether drawn before or after the Account is closed. We may also close the Account at any time by giving notice and mailing Account balance to you. We reserve the right to refuse deposits into this Account. (d) We have the right to offset without notice or consent any funds of Depositor against any indebtedness due us from Depositor, unless prohibited by law, (e) Notice to any Depositor or Authorized Signer is notice to all Depositors and Authorized Signers. (f) We reserve the right to amend at any time this Agreement, the Schedule of Fees and Charges, the Funds Availability Policy, the Electronic Fund Transfers Agreement and Disclosure, and other terms and conditions of the Account by giving you notice in accordance with timeframes prescribed by applicable law or regulation. Such notifications will be mailed to your last known address as shown in our records. Continued use of the Account or related service following such notification of amendment constitutes your acceptance. (g) Further information concerning this Account may be contained in other document(s) received concurrently with this Agreement.
ENFORCEMENT OF THIS AGREEMENT: You agree to pay all attorneys' fees, costs and expenses we may incur in enforcing any rights we have under the terms of this Agreement or any law, rule or regulation applicable to your Account. You also agree to pay all attorneys' fees, costs and expenses that we may incur as the result of any claim or action made against us by you or on your behalf related to your Account where we are found not to be liable for such claim. Every person designated as an Authorized Signer shall have unlimited access to the proceeds in the Account and shall be authorized to initiate any type of transaction of any nature whatsoever. You agree to notify us in writing of your intention to add or delete an Authorized Signer from the Account and we shall not be liable for any loss or damage suffered by you for actions taken by us before receipt of the written notification of change,
FINANCIAL INSTITUTION'S LIABILITY: We agree to use ordinary care in handling your Account. You recognize and agree that ordinary care does not mean error free. We will not be liable beyond ordinary care. We will not be liable for any losses arising out of mistakes, omissions, delays or errors caused by circumstances beyond our control. We will not be liable under any circumstances for lost profits, lost savings, special, incidental, consequential or punitive damages arising out of the handling of your Account.
SAVINGS ACCOUNTS AND OTHER INTEREST BEARING ACCOUNTS: We reserve the right to change at any time and at our sole discretion the interest rate, the annual percentage yield and the compounding frequency on interest bearing accounts covered by this Agreement, Withdrawals from interest bearing accounts will generally be paid on demand; however, we reserve the right to require 7 days written notice of withdrawal. Certificate of Deposit Accounts are subject to penalty for withdrawals prior to maturity and/or outside of disclosed grace periods. See your Truth in Savings disclosure for penalty details.
DEPOSITS AND WITHDRAWALS: Financial Institution is authorized to receive deposits and to recognize signatures as set forth on your Account Signature Card in the payment of checks, the withdrawal of funds and in the transaction of business for this Account, All deposits, payments and transfers executed by any means are subject to proof and verification by Financial Institution. An Authorized Signer will have authority to conduct any and all business and transactions on behalf of Depositor with respect to the Account, as provided herein, until Depositor signs a new Signature Card which does not name such person as an Authorized Signer or Depositor removes such person from the Signature Card by a handwritten notation that is dated and initialed by Depositor and delivered to Financial Institution. The authority of Authorized Signers will be exercisable notwithstanding the subsequent disability or incapacity of Depositor. Financial Institution undertakes no obligation to monitor transactions by Authorized Signers to determine that they are on Depositor's behalf'. Authorized Signers have no ownership rights or interests in or to the Account.
DEPOSITS: In accepting checks and other items for deposit, Financial Institution acts only as collecting agent for Depositor and assumes no responsibilities beyond exercise of ordinary care, All checks and other items are credited to the Account subject to receipt of proceeds of final payment in cash or its equivalent by Financial Institution. Deposits may be made by mail or in person at Financial Institution or, if allowed, at an automated teller machine (ATM) if you have an ATM card with an electronic funds transfer option, Financial Institution shall not be considered to have received deposits sent by mail or placed in night depository or made at an ATM until Financial Institution has either received actual delivery of the deposits from the U.S. Post Office or has removed deposits from the night depository or the ATM. While the deposit is lodged in the night depository or the ATM, Financial Institution shall be deemed a gratuitous bailee. Deposits made after our established cutoff time(s) will be processed the following business day. We reserve the right to charge your Account for any check or other item deposited and subsequently returned as unpaid. We may impose the service charge published in our fee schedule for such returned item. At our option, we may refuse a deposit or, in certain cases, including but not limited to foreign currency items, accept it only for collection, Deposits made in foreign currency will be converted into U.S. dollars. Because of fluctuations in foreign exchange rates, the conversion rate on the processing date may differ from the rate in effect on the transaction or posting date.
FUND TRANSFERS: Financial Institution will accept and execute fund transfer payment orders from or for Depositor or an Authorized Signer only as set forth by the banking laws and regulations governing fund transfers. A transfer of funds from one of your accounts to another of your Accounts at Financial Institution may be made by telephonic instructions given by the same persons and under the same conditions that a written transfer request could be made, If you originate a fond transfer for which Fedwire is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution, or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person, or account other than the one named. If we receive a credit to an account you have with us by wire, we are not required to give you any notice of the credit.
DISCLOSURES REGARDING ELECTRONIC "WHOLESALE CREDIT" TRANSACTIONS (SUBJECT TO UNIFORM COMMERCIAL CODE ARTICLE 4A): Provisional Payment: Credit given by us to you with respect to an Automated Clearing House (ACH) credit entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive such final settlement, you are hereby notified and agree that we are entitled to a refund of the amount credited to you in connection with such entry, and the party making payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you in the amount of such entry. In the case of an International ACH Transaction (IA T), the transaction may be subject to additional review for compliance with Office of Foreign Assets Control (OFAC) rules, If additional review is required, the IAT will not be available until verification has been completed, Notice of Receipt of Entry: Under the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactio11s involving your Account, we are not required to give next day notice to you of receipt of an ACH item and we will not do so. However, we will continue to notify you of the receipt of payment in the periodic statements we provide to you, Choice of Law: We may accept on your behalf payments to your Account which have been transmitted through one or more Automated Clearing Houses and which are not subject to the Electronic Fund Transfer Act and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state of New York, unless it has been otherwise specified in a separate agreement that the law of some other state shall govern.
PAYMENT AND PROCESSING: Financial Institution may pay any check or other withdrawal request on your Account when that check, or request is signed by you or an Authorized Signer 01· is otherwise authorized by you or an Authorized Signer. You understand and agree that Financia 1 Institution processes items using automated check processing methods which do not include manual examination of items before they are paid. You agree that the use of the automated process by Financial Institution is reasonable and appropriate and is not a failure to exercise ordinary care and that consideration for your agreement is reflected in the amount of service charges paid under this Agreement, Except where Financial Institution fails to use ordinary care in paying checks or drafts with forged signatures, the Depositor shall hold Financial Institution harmless for forgeries that cannot be detected by Financial Institution through normal banking procedures, including but not limited to facsimile signatures, desktop publishing or other computer generated or aided signatures, positive pay arrangements where presentment is made through computer modem, checks and drafts truncated at another collecting institution, and situations where Financial Institution, consistent with the practice of other banks in the industry, does not scrntit1ize Depositor's signatures. You understand that we will not manually review items for the purpose of enforcing multiple signatures unless we agree to do so in writing and we may assess additional fees for providing that service, If you write a check to multiple payees, you agree that we may honor the check without confirming that all payees have indorsed the item unless you notify us in writing that all payees must indorse the item. Financial Institution may, in its discretion, refuse to cash any check or other item payable to you or indorsed to you. If Financial Institution cashes any such check or other item and it is returned unpaid, you authorize Financial Institution to deduct such amount from any account maintained by you whether individually or jointly, just as if the check or item has been deposited to the account being charged, Financial Institution may process checks and other debit items on your Account in any order Financial Institution chooses, whether or not there are sufficient funds available in your Account to cover all such items. Our general policy ("Policy") for the order in which a check or other item is paid is set forth in this Deposit Agreement. We may, in our sole discretion, change our Policy from time to time upon prior written notice. Notwithstanding our general Policy, the following items may be paid first and in no particular order: items cashed at Financial Institution or its affiliates, items used to purchase official checks, money orders and travelers' cheques at Financial Institution or its affiliates; ATM, debit card and point of sale (POS) transactions. You acknowledge and agree that the Policy is reasonable and appropriate and that we are acting in good faith (i) if we pay checks pursuant to the Policy and (ii) if there are not sufficient collected funds in your Account to pay the checks we receive, and we pay certain checks from collected funds and elect, in our sole discretion, to pay other checks as overdrafts (charging fees for such overdrafts), then in such circumstances, the checks and overdrafts would be paid pursuant to our Policy. You further acknowledge and agree that it is your responsibility to have sufficient collected funds available in your Account to pay the checks drawn on your Account and that if there are not sufficient collected funds, we are not obligated to pay checks which would result in an overdraft and that the Policy does not create any such obligation. You agree not to use any restrictive terms or legends on your checks (for example, but not limited to, time limitations for presentment or preprinted amount limitations). In the event you do so despite the terms of this Agreement, you represent and warrant that the restrictions have been placed thereon for your own use, and Financial Institution is not bound thereby, You agree that Financial Institution may process such checks without regard to any such legend or restriction, and Financial Institution will not be liable for any damages caused by its payment of such a debit. You agree that consideration for your agreement not to use such checks is reflected in the amount of service charges paid under this Agreement. Financial Institution may process a photocopy image of a check or item, or an electronic debit produced from the information on the check or item, including a returned check or item, as if it were an original. Financial Institution may enter into an agreement for electronic presentment and you agree to be bound by the terms of such an agreement and authorize payment of an image of an item or other presentment notice on your Account. If you use a facsimile signature or mark made by a machine, stamp, electronic device, computer, or other device other than a handwritten signature, in any instance, even if not specifically provided for in this Agreement, Financial Institution may act on any item with such signature or mark regardless of by whose act or by which means such signature or mark appears on the check or other item and regardless of whether you authorized the use of such signature or mark. You must notify us immediately if you believe your facsimile signature is or has been misused. Financial Institution will not be liable and will not recredit your Account for the amount of any check or withdrawal or other damages you may suffer because of such forged or unauthorized signature mark. Financial Institution reserves the right to require use of checks that conform to Financial Institution's standards.
CASH WITHDRAWAL, WIRE, AND ACH TRANSFER INDEMNIFICATION: The Financial Institution will accept requests for cash withdrawals or to initiate ACH or wire transfers from any Depositor or Authorized Signer, subject only to identity verification of the person making the request, availability of funds, and the requirements and/or restrictions contained within this Agreement. We may rely on the request being made freely and without coercion or duress, You acknowledge and assume the risks associated with making cash withdrawals and third-party induced wire and ACH transfers, including bttt not limited to robbery, lost cash, theft, embezzlement, lack of FDIC insurance, injury to Depositor or Authorized Signer in making the withdrawals, wires, and ACH transfers, injury to other customers, third parties, 01· employees of the Financial Institution,
You agree to indemnify, defend, hold ha1mless, and release the Financial Institution, its officers, directors, employees and affiliates or agents from and against any and all loss, liability, claim of liability, cost, damages, claims, demands, suits, causes of action, and expenses, including without limitation reasonable attorneys' fees, and costs of any kind or character whatsoever by reason of, arising out of, related to, and in connection with these transactions. This indemnification, defense, hold harmless, and release shall apply regardless of the dollar amount involved.
The Financial Institution may supplement this paragraph with other documents related to cash withdrawals or ACH/wire transfers, such as an indemnification notice, and the provisions of such document(s) will control to the extent inconsistent with this paragraph.
NON-SUFFICIENT FUNDS: If a check or other item is presented to Financial Institution for payment and the amount thereof exceeds the balance in your Account, your Account will be overdrawn, and Financial Institution may return your check or item for insufficient funds (NSF). Your Account may lack sufficient funds for various reasons, including, but not limited to, the fact that you have not made sufficient deposits to cover your checks, deposit funds are not available for withdrawal according to Financial Institution's Funds Availability Policy, or the fact that there are funds in your Account for which Financial Institution has not received settlement' (i.e. checks drawn on other financial institutions that have been deposited to your Account but which have not yet been paid by the other financial institutions). Anytime your Account (including any available deposit or credit account approved to provide overdraft protection) does not contain sufficient funds to pay checks, drafts or other debits presented to Financial Institution for payment, Financial Institution will charge a fee to your Account for each check or item presented, even if Financial Institution does not pay those checks or items. You agree to pay Financial Institution's current fees for nonsufficient funds processing as provided in the Schedule of Fees and Charges for your Account, and agree to deposit sufficient funds to cover any overdraft and unpaid fees upon notice of the overdraft. You also agree to reimburse Financial Institution for any costs Financial Institution incurs in collecting an overdraft from you including, without limitation, reasonable attorney fees and the costs of litigation, to the extent permitted by law, In its discretion, Financial Institution may elect to pay checks which result in a ledger overdraft or pay checks which are drawn against uncollected funds, If Financial Institution elects to pay the Account into overdraft on any one or more occasions, you understand that we may charge an overdraft fee and it shall not be considered a waiver of Financial Institution's right to refuse to do so at any other time nor shall such action be considered an agreement by Financial Institution to pay future checks creating an overdraft. You should ask us about overdraft services we offer, if any, You agree that Financial Institution's failure to pay a check which would cause overdraft, in the absence of a binding agreement to do so, is not a wrongful dishonor of any item that Financial Institution refuses to pay.
REPRESENTMENT OF CHECK OR ITEM PREVIOUSLY RETURNED FOR NON-SUFFICIENT FUNDS: In addition to the terms and conditions regarding Non-Sufficient Funds set forth herein, if a check, draft, or other debit that was previously returned for insufficient funds (NSF) is represented for payment and the amount thereof exceeds the balance in your Account, your Account will be overdrawn, We may, in our sole discretion, again return your check or item for insufficient funds or we may elect to pay the Account into overdraft.
A returned check, draft, or other debit may be presented for payment multiple times. Financial Institution does not monitor or control the number of times a returned check, draft, or other debit is presented for payment. Each time an item is presented and exceeds your Account balance, we will process the item in accordance with the terms and conditions set forth herein and will assess applicable fees as defined below in the amounts published in our current fee schedule.
? We will charge, and you agree to pay, our current NSF fee for each return of an item or our current fee to overdraw the account, as applicable, each time the item is presented and exceeds your Account balance. Multiple presentments of any item may result in multiple charges to your Account.
? We will not charge a fee for the subsequent return or, if the represented item is the only item causing the overdraft, we will not charge an overdraft fee.
STOP PAYMENT: A stop payment order must be received in time to provide a reasonable period for Financial Institution to take appropriate action, and must include accurate information on payee, amount and number of account and check. A stop payment order is effective for six (6) months, but it lapses after fourteen (14) calendar days if the original order was oral and was not confirmed in writing within that period. A stop payment order may be renewed for additional sixmonth periods by written notice given to the Financial Institution within a period during which the stop payment order is effective. A stop payment order for an item drawn pursuant to a preauthorized payment will apply only to the payment you designate to be stopped. To terminate a periodic payment ·authorization on the Account, you should do so with the person or company to whom you have been making payment in accordance with the authorization agreement, If you are unable to terminate the preauthorized payments through such person or company, you should contact Financial Institution for further instructions. If Financial Institution honors a stop payment order on a check or other item, Depositor agrees to hold Financial Institution harmless for all expenses incurred as a result thereof. Any Depositor or Authorized Signer has the authority to stop payment of any item, including those signed by any other Depositor or Authorized Signer. You further agree that if, by reason of Financial Institution's payment over such stop payment order, any other items drawn by you are returned for insufficient funds, Financial Institution shall not be liable for such returned items. In any event, you agree that Financial Institution will not be liable for more than the face value of the check or your actual damages, whichever is less. If this is a joint account, we will accept a stop payment order from any of the joint owners regardless of who signed the check. In the event that Financial Institution pays a check or item over a valid stop payment order and you prove that you have sustained a loss as a result of paying the check or item, you agree to assist Financial Institution in collection of the proceeds of the check or item from the party receiving payment. If Financial Institution pays a check or item over a valid notice of stop payment, Financial Institution may require proof that you have sustained a loss as a result of paying the check or item before Financial Institution re-credits your Account. If Financial Institution re-credits your Account after paying a check or other item over a valid and timely notice of stop payment, you agree to transfer to Financial Institution all of your rights against the payee or the holder of the check or item and to assist Financial Institution in legal action against such payee or holder.
POSTDATED AND STALE CHECKS: Financial Institution maintains the option to either pay or dishonor any stale check or item (i.e., a check or item more than six months old) upon presentation to Financial Institution, Financial Institution does not recommend that you issue a postdated check or item (i.e., a check or item bearing a date later than the actual calendar date which the check or item is written) as a means of payment. If you do issue a postdated check or item, you agree that Financial Institution will not be liable to you for charging your Account before the indicated date on a properly payable but postdated check or item unless you notify Financial Institution of its issuance and direct Financial Institution to return the check or item unpaid if it is presented before the date on the check or item. You may notify Financial Institution by mail, telephone or in person at Financial Institution, Financial Institution has a reasonable time after receiving your completed notice of postdated check or item to act on it before it becomes effective. Your notice of postdated check or item comes too late if it is received, and a reasonable time for Financial Institution to act on it expires, after the earliest of the time Financial Institution pays, accepts, certifies, settles for (without a right to revoke the settlement) or otherwise becomes accountable for the check or item, or the cutoff hour on the next banking day after the check or item is presented for payment. For purposes of this Deposit Agreement, the cutoff hour shall be one hour after the opening of the banking day or such other cutoff hour as Financial Institution may set from time to time. A written notice of postdated check or item will be effective for six months and can be renewed thereafter by written request. If not renewed, the notice of postdated check or item will lapse at the end of the six-month period and the check or item may be paid by Financial Institution even though the check or item is presented before the date on the check or item. If you place a notice of postdated check or item by telephone, you must confirm it in writing within fourteen calendar days. If you do not confirm it in writing within that period, Financial Institution may then disregard the notice, The notice of postdated checks or items is not a stop payment order on the above-described check or item, and you agree that the check or item is properly payable on or after the date on the check or item. Financial Institution will not be responsible if the information you give it is not correct or if you fail to give any other reasonable information regarding the check or item and it is paid prior to the indicated date. It is essential that when giving Financial Institution a notice of postdated check or item, you describe the amount of the check or item exactly to the penny and provide Financial Institution with the correct check or item number, If you do not do so, you agree Financial Institution will not be responsible if Financial Institution is unable to stop payment of the check or item. Further, you agree that if, by reason of Financial Institution's payment over such notice of a postdated check or item, any other checks or items drawn by you are returned for insufficient funds, Financial Institution shall not be liable for such returned checks or items. In any event, you agree that Financial Institution will not be liable for more than the face value of the checks or items or your actual damages, whichever is less, In the event that Financial Institution pays a check or item over a valid notice of a postdated check or item, Financial Institution may require you to prove you have sustained a loss as a result of paying the check or item before Financial Institution recredits your Account, If Financial Institution recredits your Account after paying a postdated check or item over a valid and timely notice, you ,agree to transfer to Financial Institution all of your rights against the payee or other holder of the check or item and to assist Financial Institution in legal action taken against that person or organization, Any Depositor or Authorized Signer may release or cancel a notice of postdated check or item, whether or not that person issued the notice of postdated check or item. You agree to pay the fee for handling postdated checks or items as specified in the Schedule of Fees and Charges and further agree that such fee may be charged to your Account.
INDORSEMENTS: You agree that we may accept for deposit any item payable to you regardless of whether you indorse the item. If a check you deposit is not indorsed, you agree that we may indorse the item. To ensure expeditious handling of items, your endorsement (whether by signature or facsimile) and any additional information must be contained in the 1.5 inch area from the right-hand edge of the check when looking at the back of the check. Generally, this area will be clearly identified on the back of the item. Indorsements should be made in dark blue or black ink. You agree that we are not subject to any conditional or restrictive indorsement, and to indemnify us for any liability relating to indorsement of an item.
DORMANT/INACTIVE ACCOUNTS: Your Account will be deemed dormant/inactive during any monthly statement period in which you do not initiate or receive a transaction. If your Account remains dormant/inactive we may stop sending or modify the frequency of your Account statements and we may charge dormant/inactive fees according to the Schedule of Fees and Charges applicable to your Account. Funds in a dormant account will be turned over to a state official in accordance with applicable law governing abandoned property.
STATEMENTS AND ADDRESS CHANGES: Financial Institution is authorized to mail required disclosures and periodic statements of this Account and returnable items by ordinary mail to the address provided by Depositor. If such mail is returned as undeliverable, Financial Institution may hold further statements and items until called for by Depositor. Depositor is responsible for examining statements and contents carefully. If statement 01· contents contain any errors, forgeries, unauthorized withdrawals, or some other discrepancy exists, Depositor is responsible for promptly notifying Financial Institution in writing within a reasonable period of time not to exceed 30 calendar days (60 days in the case of ACH items) from the date we send the periodic statement to you. Depositor cannot assert an unauthorized withdrawal or error against Financial Institution unless such notification is made. Depositor is responsible for notifying Financial Institution in writing of changes in address and name. The Financial Institution has the discretion to return paid items to the Depositor or to retain such items for the period prescribed by law. Financial Institution may destroy items that it retains, so long as it maintains the capacity to furnish legible copies to Depositor for the legally required period after receipt of the items. The Financial Institution may retain copies of the items by electronic means (e.g., through electronic imaging), and it will be relieved of its duty to furnish legible copies lo the extent any hand-written portions of the items were made with other than a standard black or dark blue ink.
SERVICE CHARGES AND FEES: Depositor, jointly and severally if more than one, agrees to pay all service charges and fees under the Schedule of Fees and Charges furnished to Depositor and all deficits and overdrafts in this Account regardless of which Depositor or Authorized Signer caused such overdraft or deficit and for all costs and attorneys' fees incurred, Service charges may be deducted from balances in the Account.
CHECK 21 PROVISIONS: (a) PAPER-BASED SECURITY FEATURES. As a result of the Check Clearing for the 21st Century Act ("Check 21"), checks you write may be converted to electronic images during the check collection or return process, Paper-based security features, including, but not limited to, watermarks, microprint, and UV designs, will not survive the image capture process. You understand and agree that Financial Institution shall not be liable for losses resulting from the failure of paper-based security features to survive the imaging process. (b) PROVIDING SUBSTITUTE CHECK, If you request a substitute check as a representation of a paid item on your Account, we reserve the right to provide a copy of your check, rather than a substit11te check, except where we determine, in our discretion, that you are entitled to a substil1lte check under applicable law. (c) CHARGE FOR SUBSTITUTE CHECK. We may charge you a fee for providing either a copy of your check or a substitute check upon your special request for a representation of a paid item on your Account. (d) CHECK STOCK AND INK TYPE. Because some or all of your checks may be converted into electronic images and some types of ink and some types of check stock do not image accurately, you agree to refrain from using check stock which contains colors or images that would interfere in any way with the legible conversion of your items to electronic images. You further agree to use only black or dark blue ink to write checks drawn on your Account, In the event you use a printer or typewriter to complete checks, you agree to use toner, ink cartridges, or typewriter ribbons that will produce dark, legible blue or black information on each of the checks you prepare using such equipment, in order for the information to be accurately replicated when imaged, If, due to the type of check stock or ink you use, an accurate or legible electronic image cannot be produced from your check, you understand and agree that you will be responsible for any losses you, Financial Institution, or another person suffers as a result of the negative effect your ink choice or check stock had on the legibility or accuracy of the digital image created from your check. (c) CREATION OF SUBSTITUTE CHECK BY DEPOSITOR. Unless otherwise specifically agreed to in writing, Depositor is prohibited from creating and/or depositing original substitute checks into the Account or presenting them to be cashed. An "original substitute check" is one that has not previously been handled by a U.S. bank in the check collections process. If Financial I11stitution accepts an original substitute cheek form Depositor, then Depositor agrees to indemnify Financial Institution for any losses that may result from the substitute check. (f) DEPOSIT OF RETURN ITEM SUBSTITUTE CHECKS. If an item deposited into your Account is returned unpaid in the form of a Return Item Substitute Check, we reserve the right to require it to be redeposited into your Account, rather than cashed at the teller window, We will accept the deposit only if the return item substitute check meets the standards for legal equivalence and we were originally the bank of first deposit. (g) RETURN ITEM SUBSTITUTE CHECKS PRESENTED AGAINST YOUR ACCOUNT. If a noncustomer payee of a check you wrote which was returned unpaid in return item substitute check form presents the item for payment at our teller window, we reserve the right to delay payment in order to validate the legitimacy of the return item substitute check, Yott agree that it will not constitute wrongful dishonor for Financial Institution to delay payment under such circumstances, (h) THUMBPRINT SIGNATURES, If you deposit items which bear thumbprint signatures, you understand that because the law allows any check to be converted to an electronic image, the evidentiary value of the thumbprint signature will be diminished in some cases, due to the fact that the thumbprint signature will likely not be replicated with sufficiently high resolution to be usable if the check is converted into an electronic image. You agree to hold Financial Institution harmless from any loss or claim that arises due to the effect of electronic imaging on any thumbprint signature.
REMOTELY CREATED CHECKS: If a remotely created check deposited into your Account is later validly returned as being unauthorized with respect to the amount or payee, you agree to bear any and all liability for such remotely created check and to indemnify Financial Institution for any loss, claim or expense related directly or indirectly to any such item, In addition to the allocation of liability under this Agreement, Financial Institution may also have a claim against you under other applicable laws. For purposes of this Agreement, the term "remotely created check" means a check that is not created by a paying bank and that does not bear a signature applied, or purported to be applied, by the person on whose account the check is drawn. The provisions of this paragraph apply to a remotely created check that has been converted to an electronic image or reconverted to a substitute check.
INDIVIDUAL ACCOUNTS: A single Depositor owns and controls the funds in the Account. The Depositor accepts sole responsibility for the actions of any Authorized Signer(s).
JOINT ACCOUNTS: Each Depositor and Authorized Signer is authorized to deposit in and withdraw funds from the Account and to indorse for deposit checks payable to an Account owner. If the Account is joint with right of survivorship (or tenants by the entirety, in applicable states), upon the death of any Depositor, any bala11ce in the Account becomes the property of the surviving Depositor(s) and the entire balance may be withdrawn by any one of the survivor(s). If the Account is joint without right of survivorship (Tenants in Common), each Depositor owns an undivided interest and, in the event of the death of a Depositor, his/her portion of the Account passes to his/her heirs. Financial Institution may freeze all Account funds after the death of a Depositor until such time as the rights of survivors or heirs are determined by a court of competent jurisdiction. Each joint Depositor also authorizes Financial Institution to exercise setoff rights and enforce any security interest in the entire joint Account, even though only one of the joint Depositors is the debtor; these rights exist irrespective of who contributed funds to the joint Account. Similarly, each joint Depositor agrees to be jointly and severally liable for any fee, charge, or overdraft regardless of whether a joint Depositor signed the check or item or received any benefit from the proceeds of the check or item. Tax levies, attachments, garnishments, and other seizures by lawful action against any one or more of the joint Depositors are subject to Finai1cial Institution's right of setoff and any security interest.
PAYABLE ON DEATH ACCOUNTS: Depositor has the right while living to all the fonds and to remove, add or change Payable On Death beneficiaries. Beneficiaries will be entitled to Account proceeds only after the death of the Account owner and, to the extent permitted by law, after (a) the death of the last surviving Account owner, and (b) payment of Account proceeds to any secured party with a valid security interest in the Account.
INFORMAL TRUST ("IN TRUST FOR") ACCOUNTS: If Depositor establishes an Account in trust for one or more beneficiaries without presenting formal trust documents, the balance in the Account will be transferred in equal shares to the named beneficiaries upon Financial Institution receiving proof of death of the Depositor, Beneficiaries do not have authority to transact on the Account.
POWERS OF ATTORNEY: Financial Institution may accept a power of attorney made and executed in compliance with Iowa Code section 633B.301 of the Iowa U11iform Power of Attorney Act, together with the agent's certification made and executed in compliance with Iowa Code section 633B.302, presented to it. To the extent allowed by applicable law, Financial Institution may refuse any power of attorney presented to it that is not made, executed and delivered, and certified by the agent, in compliance with the preceding sentence, and may require a certification, translation, opinion of counsel, or designation of an Attorney-infact on a form acceptable to Financial Institution. You hereby release, acquit, and forever discharge Financial Institution, its directors, officers, employees, and agents from any and all claims, liability, charges, and expenses of any nature arising by reason of Financial Institution's acceptance of any power of attorney and agent's certification in compliance with the Iowa Uniform Power of Attorney Act or by reason of Financial Institution's refusal to accept any other form of power of attorney.
MINORS: If this Account is owned by a minor, the minor may control, transfer funds, draft on, and make withdrawals from the Account until the minor's parent, legal representative, guardian, or conservator notifies Financial Institution to the contrary in writing. Any action of the minor with respect to the Account shall be binding on the minor with the same effect as though an adult,
UNIFORM TRANSFER TO MINORS OR UNIFORM GIFTS TO MINORS ACCOUNTS: If authorized by the Iowa Uniform Transfers to Minors Act, (Iowa Code Chapter 565B) and state law, a Depositor may establish an account for the benefit of a minor. Generally, contributions represent irrevocable transfers of funds to the minor; and while withdrawals are not restricted or subject to penalties, they are required to be for the benefit of the minor. Earnings on this Account arc reported under the beneficiary minor's tax identification number, The Depositor controls the account until such time as the minor reaches legal or other allowed designated age, at which time ownership of the funds is transferred to the beneficiary. These accounts cannot generally be pledged as collateral for a loan to the Depositor. Financial Institution has no responsibility to monitor Account activity and is not liable for actions taken pursuant to the instructions of the Depositor.
OTHER CUSTODIAL, GUARDIAN AND REPRESENTATIVE PAYEE ACCOUNTS: These Accounts are established by a Depositor designated as a representative payee, guardian, legal custodian, Veterans Affairs ("VA") fiduciary, or other custodian. The Depositor is responsible for ensuring that deposits to and withdrawals from the Account conform to the legal requirements associated with the appointment. Upon the death of the beneficiary or termination of the appointment, you are required to notify us and take appropriate steps to stop all future deposits and withdrawals. In the case of governmental benefits, we are required to return deposits to the issuing agency upon receipt of a demand from that agency. If the Account does not have sufficient funds to fulfill the demand request, we may, unless prohibited by law, take funds from other Accounts you or the beneficiary maintain with us.
FIDUCIARY AND TRUST ACCOUNTS: If this Account is owned by a fiduciary or trust, Depositor warrants the fiduciary or trust relationship is based upon documents lawfully establishing the relationship and agrees, if requested, to furnish to Financial Institution certified copies of such documents and any trust agreements or trust certificates (in a form acceptable to Financial Institution).
TOTTEN TRUST: If this Account is a Totten Trust, it may only be revoked in accordance with applicable law.
BUSINESS AND OTHER NON-PERSONAL ACCOUNTS: Accounts designated as "business" accounts may not be used for personal purposes and we may not allow cash back on deposits or cash checks payable to the business. You hereby release, acquit, and forever discharge Financial Institution, its directors, officers, employees, and agents from any and all claims, liability, charges, and expenses of any nature arising by reason of the failure by Financial Institution to permit or provide cash back on any deposit or check payable to a business, Account balances and any interest earnings are payable to the named legal entity and not any individual, regardless of his/her position within the legal entity, We may request information from the governing organization when opening an Account for a sole proprietorship, an unincorporated association, or other similar organization, In the case of an attorney trust Account, such as an IOLTA or other similar Account, you authorize us to transfer earnings on the Account and provide notifications to the appropriate state authority regarding dishonored items and/or overdrafts if required by law.
SOLE PROPRIETORSHIP: If this Account is owned by a sole proprietorship, it is warranted that the signature first shown on your Account Signature Card is that of the sole proprietor. It is agreed by the proprietor that additional signatures appearing under his/her signature are hereby authorized and approved to transact business in this Account until further written notice is received by Financial Institution.
AUTHORIZED SIGNERS FOR BUSINESS ENTITIES: If the Account is owned by a partnership, whether general, limited, limited liability or joint venture, the signers to the Signature Card warrant that they are either all of the general pa1tners in the named entity or that they are the Authorized Signers under a partnership agreement and that Financial Institution will be promptly notified in writing of any change in the membership of the partnership. The signers further agree to furnish Financial Institution, if requested, a ce1tified copy of any partnership agreement and related documents authorizing the signers to deposit and withdraw funds, to indorse checks payable to or belonging to the partnership, and to transact business in this Account. If the Account is owned by a limited liability company, the signer(s) warrants that he/she is an Authorized Signer under the formation document (e.g., Articles of Organization or Certificate of Formation) and/ or the operating agreement of the limited liability company and/or through valid resolutions or other documents which must be provided to Financial Institution upon request and on which Financial Institution may rely until it receives written notice of their revocation. If this Account is owned by a non-profit organization, each person affixing his or her signature to the Signature Card represents and warrants that he or she is fully authorized in the capacity indicated and the documents evidencing such authority have been or will be, on request, furnished to Financial Institution. If the Account is owned by a corporation, all Authorized Signers warrant that they are duly authorized to transact business on the Account through valid resolutions or other documents which must be provided to Financial Institution upon request and on which Financial Institution may rely until it receives written notice of their revocation. All Authorized Signers warrant that they are duly authorized to transact business on the Account through valid resolutions or other documents which must be provided to Financial Institution upon request and on which Financial Institution may rely until it receives written notice of their revocation.
ASSUMED NAME: If Depositor, whether sole proprietorship, partnership, corporation, or other entity, conducts its business under an assumed or tradename, Depositor warrants that all legal steps have been taken to register such name with the proper legal authorities and agrees to furnish evidence of same upon request.
DEATH OR INCOMPETENCE: You agree to notify us immediately if an owner of the Account or individual authorized to transact on the Account dies or is declared incompetent by a court of law. Upon receipt of such notification or if we otherwise learn of the death or incompetency of an owner, we may freeze the Account and/or refuse transactions until such time as we are provided with documentation sufficient to establish ownership and/or authority to transact. Payments authorized by the owner prior to death but presented for payment after death may be considered as authorized transactions. If the deceased owner was indebted to us, we may exercise our right of set off or security interest rights prior to distributing funds to surviving owners or designated beneficiaries.
ELECTRONIC MONITORING AND COMMUNICATIONS: We may monitor and/or record telephone and other electronic communications to ensure that you receive professional and courteous service and to maintain a record of your requests and/or instructions. You consent in advance to any such recording or monitoring and agree that we need not remind or inform you each time a covered communication is monitored or recorded. We may also utilize video and/or audio surveillance equipment in our branch and automated teller machine locations for security purposes. You acknowledge and agree to such surveillance. Any recordings created will not be kept unless required by law.
For us to service your Account, you agree that we may contact you about any Account you maintain with us at any address, email address or phone number (whether residential or mobile) that you provide at account opening or any subsequent time during our relationship. This consent extends to any third party working on our behalf to service your Account, but does not include authorization for us to contact you for telemarketing or sales purposes.
We may send communications electronically unless prohibited by law. These communications may involve automatic telephone dialing systems, artificial or prerecorded message systems, text messaging systems or other similar technologies. You acknowledge that these communications may include voice, voice messages, text messages and email messages. You further acknowledge that the entity that provides you with telephone, internet or other telecommunications services may charge you for these communications. You agree to provide us with accurate and current contact information and only give us phone numbers and email addresses that belong to you. You confirm that you are the owner and/or primary user of any telephone number or email address you provide. You understand that anyone you allow to access your messages may listen to or read messages that we send to you.
You may change or remove any of these addresses, email addresses or telephone numbers at any time using any reasonable means to notify us.
PROCESS, SUMMONS, OR OTHER NOTICE AND EXPENSES: If Financial Institution receives any process, summons, order, injunction, execution, levy, lien, adverse claim or other notice which in Financial Institution's sole judgment affects the Account, Financial Institution may, in its discretion, without notice to you, thereafter refuse to honor (i) checks drawn by you on the Account or (ii) other instructions given by you to withdraw funds from or otherwise transact business with respect to the Account, and Financial Institution may, without liability, either hold the balance in the Account until the proceeding or event giving rise to such notice is resolved or pay the balance in the Account over to the source of such notice. You agree to pay all fees and expenses incurred by Financial Institution as a result of any summonses, subpoenas, garnishments, or other legal proceedings affecting or related to your Account, including but not limited to costs of photocopies, filing fees, court costs and attorney's fees, and you agree Financial Institution may charge your Account for those expenses without prior notice to you. In the event Financial Institution refers your Account to an attorney or other collection agency to collect sums you owe Financial Institution for overdrafts, service charges or otherwise to enforce any of Financial Institution's rights under this Agreement, you agree to pay all of Financial Institution's costs and expenses including reasonable attorney's fees.
SECURITY INTEREST: For value received, Depositor hereby grants to Financial Institution a security interest in the Account to secure. the payment of the following ("Indebtedness"): (a) the performance of all of the obligations of any Depositor set forth in this Agreement or any other agreement between a Depositor and Financial Institution; (b) all liabilities of a Depositor to Financial Institution of every kind and description including but not limited to (1) all promissory notes given by a Depositor to Financial Institution, (2) all future advances from Financial Institution to a Depositor, (3) a Depositor's overdrafts, (4) direct or indirect liabilities, (5) liabilities due or to become due and whether absolute or contingent, and (6) liabilities of a Depositor to Financial Institution now existing or hereafter arising and however evidenced; ( c) all extensions, renewals or deferrals of any Indebtedness; ( d) all interest and other finance charges due or to become due on the Indebtedness; and (e) all costs, reasonable attorney's fees and other expenditures of Financial Institution in the collection of Indebtedness; provided, however, that the scope and provisions of this security interest do not extend beyond that permitted by applicable law with respect to consumer transactions. The failure to pay any Indebtedness when due is an event of default. Upon default, Financial Institution may pursue (separately, successively, or simultaneously) any remedy provided by applicable law or agreement, including, but not limited to, the right to take possession of Account funds without demand or legal process. Further, you authorize us to return federal benefits or other payments received via direct deposit when directed to do so by the government or other benefits provider. You agree to hold us harmless for nonpayment of any item resulting from our legal exercise of these rights.
DISCLOSURE OF INFORMATION: Financial Institution may disclose information about your Account as permitted by law, for example, but without limitation, to persons or agencies who, in Financial Institution's sole judgment, have a legitimate purpose for obtaining such information; where it is necessary to complete a transaction on your Account; in order to comply with government or court orders or legal process; or to verify the existence or condition of your Account for a third party such as a merchant or credit bureau. You also authorize Financial Institution to disclose any information on your Account to any person authorized to draw checks on your Account. You agree to protect the confidentiality of your account information, checks, statements, other documents, and any related access devices and to notify us immediately if you believe that your account information has been compromised.
CREDIT REPORTS: You authorize Financial Institution to obtain credit reports and make such other inquiries about you or any Authorized Signer that Financial Institution deems appropriate.
REGULATION GG CERTIFICATION: If Depositor is a commercial customer, Depositor certifies that it does not engage in an Internet gambling business or, if the Depositor does engage in an Internet gambling business, it will provide documentation of each of the following: (I) evidence of legal authority to engage in the Internet gambling business, including (i) a copy of the Depositor's license that expressly authorizes it to engage in the Internet gambling business issued by the appropriate State or Tribal authority or, if the Depositor does not have such a license, a reasoned legal opinion that demonstrates that the Depositor's Internet gambling business does not involve restricted transactions; and (ii) a written commitment by the Depositor to notify Financial Institution of any changes in its legal authority to engage in its Internet gambling business; and (2) a third-party certification that the Depositor's systems for engaging in the Internet gambling business are reasonably designed to ensure that the Depositor's Internet gambling business will remain within the licensed or otherwise lawful limits, including with respect to age and location verification. Restricted transactions are prohibited from being processed through the Account or relationship with Financial Institution.
SUPPLEMENTAL TERMS AND CONDITIONS: The following terms and conditions, if any, apply to the account and will control the extent to the contrary or inconsistent with ant terms and condition set forth above:
COMMUNITY STATE BANK, PATON, IA
ELECTRONIC STATEMENT DISCLOSURE
EFFECTIVE 01/01/2024
ELECTRONIC DISCLOSURE AGREEMENT
Accessing your Community State Bank E-statements confirms your agreement to be bound by all disclosures and agreements, and acknowledges your receipt and understanding of this agreement. By entering into this agreement, you understand that Community State Bank will no longer be providing you with a monthly paper statement. You will receive an e-mail notification that your statement(s) are available, generally 2-5 days after your statement cycle. This disclosure contains important information about our Electronic Statement product, also referred to as E-Statements. You should keep a copy of this disclosure for your records.
As used in the Agreement, the words "we", "our", "us", "Bank", and "Community State Bank" mean Community State Bank, Paton. "You" and "Your" refer to the account owner(s). "Account" or "accounts" means your deposit account(s) at the Bank.
*Enrolling for E-Statements
You are required to have Online Banking in order to access E-Statements. You may enroll for E-Statements as part of the Online Banking enrollment process, or you can "opt-in" at any time by contacting the Bank.
*E-Statement Delivery_
Our Online Banking members already experience the convenience of viewing periodic account statements online. Additional convenience and security can be achieved by enrolling in our E-Statement product. When you enroll for E-Statements, you can eliminate the delivery of paper statements. Our E-Statement product is easy to use; simply login to the Online Banking service, access the account you wish to view and navigate to your statements via the “Statements" line, If you enroll in E-Statements, effective immediately, your periodic account statements will only be accessible through our Online Banking Service.
*E-mail Reminders
If you enroll for E-Statements, you will receive an alert on the online Banking system when your statement becomes available for viewing. The system will generate a notice to the e-mail address you provide. You can change or add your email address by reviewing Preferences>Update Email Address if you want to receive email alerts when we send you a secure message about your statement's availability or other important notices.
*Statement Availability
E-Statements and check images are securely available for 12 months. Both E-Statements and check images may be downloaded or printed for permanent retention. You may download or print E-Statements or check copies from your computer if you have the hardware and software described below. You can also save copies to your hard drive or other media for viewing and printing at later time.
If you need a paper copy, please contact us at 515-968-4131 or e-mail us at [email protected].
If you need a paper copy of your statement outside of the normal statement cycle, a fee may be charged, as described in our most recent Account Disclosures - Common Features,
*Hardware and Software Requirements
You don't need any special hardware or software to access E-Statements. If you can access the Online Banking Service, you should be able to access your E-Statements. However, prior to enrolling for E-Statements, you should verify that you have the following required hardware and software.
Internet Access
A Computer and Internet browser that can support 128-bit encryption Adobe(R) Acrobat Reader(R)
Access to a printer or storage medium such as a hard drive so that you can download and/or print disclosures and/or statements for your records.
An external e-mail address
We may revise hardware and software requirements, and if there is a material chance that the changes may impact your ability to access E-Statements, we will notify you of these changes in advance and provide you an opportunity to change your method of receiving disclosures without the imposition of any fees.
*Canceling E-Statements
You may "opt-out" of E-Statements at any time by contacting a representative in the Bank. If you opt-out of E-Statements, we will resume delivery of your paper statements by U.S. Mail. You must notify us not less than fifteen (15) days before the date the statements are processed for a statement period for you to receive a paper statement for that statement period, There may be a fee associated with the reinstatement of paper statements.
*Joint Accounts
If your Community State Bank account is owned jointly with another person, either one of you may consent to receive electronic disclosures and E-Statements and that person's election to access E-Statements shall apply to both of you. Community State Bank will automatically turn off the paper statement for that account after the first E-Statement has been made available.
*Change of Mailing Address, E-mail Address, and Other Information
in order to provide E-Statements, we must maintain current member contact information at all times, You agree to notify us immediately of any change in your mailing address, e-mail address or other particulars relevant to this Agreement by contacting a
representative in the Bank.
*Service Availability.
The service providing E-Statements is generally available 24 hours a day, 7 days a week, however this service may be unavailable from time to time for routine software and hardware maintenance, or due to unscheduled down time.
*Error Resolution
You understand the importance of your role in preventing misuse of your account. You agree to promptly examine your statement and notify us immediately of any errors on your account. You must notify us in writing within the applicable time period specified by law of any error, unauthorized transaction, or any other irregularity. You may contact us at 515-968-4131.
*Confidentiality
You agree to protect the confidentiality of your account, account number, and online banking credentials. Accessing the E-
Statement will not allow the Bank to capture ANY personal information from the user's computer other than a record of the HTML address as verification that the statement was accessed and the time and date of each access.
*Change in Terms
It may be necessary from time to time, to change the terms or conditions regarding your statement access. In the event such a change is necessary, we will display a message via e-mail notification or by written notification.
*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 E-Statements provided to you under the Agreement. We do not and can not warrant that the EStatement service will operate without error, or that the E-Statement service will be available at all times, Except as specifically provided in this Agreement, or otherwise required by law, you agree that the 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 the Agreement or by reason of your use of the E-Statement service, 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 or any other legal theory.
THE FOLLOWING MISCELLANEOUS FEES MAY APPLY
Check printing (fee depends on style and quanity of check ordered)
Replace lost Debit Card $3.00
Bank money order $1.00
The categories of transactions for which an overdraft fee may be imposed are those by any of the following.
means; check, in-person withdrawal, ATM withdrawal or other electronic means.
Overdraft - all overdrafts paid on a day $20.00
Overdraft - maximum charge per day $20.00
continuous overdraft after two days $20.00
Account research $20.00 per hour, 1 hour minimum
Stop payments - each $5.00
Photocopies $0.10 per page
Wire transfers - Outgoing $15.00
We may require not less than 7 days notice in writing before each withdrawal from an interest-bearing account other than a time deposit, or from any other savings account as defined by Regulation D. Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty. see your notice of penalty for early withdrawal.
*This fee is subject to Iowa state sales tax and local option tax, if applicable.
* The interest rate is subject to change after the account is opened and fees may reduce earnings,
** A penalty will be imposed for early withdrawals.
*** A penalty may be imposed for early withdrawals.
Effective March 1, 2024
Proceed with Enrollment for the Service.
By clicking on the "I Agree" button below you represent that you are the owner of an Eligible Account to be enrolled in the Service and/or have been authorized by the owner to enroll for the Service. Clicking on the “I Agree” button also indicates your acceptance of the terms and conditions of this Agreement in this electronic format.
(If you do not agree, choose "the back arrow" at the top of the screen.)
If you click “back” you can still enroll at a later time by completing an application at our office. You will still be asked to accept the terms and conditions of this Agreement.