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Internet Banking Agreement
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Important: You must check the box at the end of this document in order to acknowledge that you have read this agreement and accept its terms and conditions. Once you have made this acknowledgement, you will be asked to complete the Internet Banking Application. |
The Service
In consideration of the Internet Banking service ("Service") to be provided by Missouri Bank and Trust Company of Kansas City("Bank"), as described from time to time in information distributed by Bank to its customers, the customer agrees as follows. In the agreement, "Customer" refers to the person(s) subscribing to or using the Service. You may use a Personal Computer ("PC") through an Internet connection to obtain account balances, transaction history, and you may also use your service to transfer money between your accounts. Be advised transfers from your savings and Money Market accounts are considered pre-authorized transfers, and pre-authorized transfers are limited to six (6) per monthly statement cycle by federal regulations. You may also pay bills from your checking accounts in the amounts and on dates you request by signing up for Internet Banking Bill Pay ("Bill Pay").
Internet Banking Fees
Internet Banking is provided to Bank customers FREE OF CHARGE.
Internet Banking Bill Pay
For business customers, Mobank Business Classic Bill Pay is free and you get unlimited transactions. For Mobank Business Bill Pay Plus it is $5.00 per month and your first 10 transactions are included and it is 50 cents per transaction over 10.
For non-business customers, Mobank Classic Bill Pay is free with unlimited transactions. Mobank Bill Pay Plus is $5.00 per month with unlimited transactions.
Each checking account from which bills
are paid will be charged. You agree to pay fees for the Service in accordance
with applicable fee schedules and disclosures established by us from time
to time. We may automatically deduct these fees from your Designated Account
(checking account from which bills will be paid) or related accounts even
if they create an overdraft (there may be additional customary fees associated
with this overdraft). Missouri Bank reserves the right to modify the fees,
service charges, and terms at any time, effective upon 30 days written notice
to you at the same address to which statements are mailed. Use of the Services
or attempting to connect to the Services, constitutes your agreement with
these fees, service charges, terms, conditions, instructions and any modifications
thereof.
Further, materials related to the Services may, from time to time, be revised or updated and these changes may render the prior version obsolete. Consequently, we reserve the right to cancel your Services and/or limit access to more recent versions and updates.
Your User Code
Each individual who has access to Missouri Banks Internet Banking, including each individual named on joint accounts, must designate a user code and Password. You will be required to change your Password every six (6) months to enhance security.
Transfers between Accounts
You may use Service to transfer money between certain of your accounts with us. You may choose whether you want the transfer to be (1) immediately (which means it is a one time transfer that will occur on the same business day as we receive your request); or (2) on a recurring basis (which means that it will occur in the same amount on the same frequency). Once started, recurring transfers will be made automatically until you tell us in writing to stop or cancel the service and we have a reasonable opportunity to react. If your transfer request reaches us after 6:00pm CST or on a day that is not a business day, it will be considered received on the next business day.
Statements
All payments and transfers made with Internet Banking will appear on your monthly account statement. The amount and date of the transaction will be shown for each transaction made through the Service during that month.
Equipment
You are solely responsible for the equipment (including, in the case of Internet Banking, your personal computer and software) you use to access the Service. We are not responsible for errors or delays or your inability to access the Service caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the Service nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon.
Business Days and Hours
The Service is available 24 hours a day, seven days a week, except during maintenance periods, for the scheduling of transfers and account inquiry. If your transfer or Bill Pay request reaches us after 6:00pm CST or on a day that is not a business day, it will be considered received on the next business day. Business days are Monday through Friday, excluding federal holidays. We reserve the right to change service hours at any time.
Notice of Your Rights and Liabilities
Security of your transactions is important to us. Use of the Service will therefore require a password. If you lose or forget your password, please call (816) 881-8270.
We may accept as authentic any instructions given to us through the use of your password. You agree to keep your password secure, and to notify us immediately if your password is lost or stolen, or if you believe someone else has discovered your password. You agree that if you give your password to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use the Service. Internet Banking enables you to change your password and requires that you do so every six (6) months. We may be liable for certain security breaches to the extent required by applicable law and regulation. We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities. Please note that we reserve the right to (1) monitor and/or record all communications and activity related to the Service; and (2) require verification of all requested transfers in the manner we deem appropriate before making the transfer (which may include written verification by you). You agree that our records will be final and conclusive as to all questions concerning whether or not your password was used in connection with a particular transaction. If any unauthorized use of your password occurs you agree to (1) cooperate with us and the appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance requested by us in recovering any unauthorized transfer of funds.
Tell us AT ONCE if you believe your password has been lost or stolen. Telephoning is the best way to minimize potential loss. You could lose all the money in your account (plus your maximum line of credit). If you tell us within two (2) business days, you can lose no more than $50. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the 60 days, if we can prove that we could have prevented someone from taking the money if you had told us in time. If you believe your password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (816) 881-8270 during normal business hours (Monday thru Friday 8:30am to 4:30pm CST). WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL.
Error and Questions
In case of errors or questions about your electronic transactions, telephone us at 816-881-8270 during normal business hours, or contact us at:
Missouri Bank
PO Box 26430
Kansas City, MO 64196
internetbanking@mobank.com
If you tell us verbally, we may require you to send us your complaint or question in writing within ten (10) business days following the date you notified us. We will determine whether an error occurred within ten (10) business days (twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first deposit to the account was made) after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after first deposit to the account was made) for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
If we determine there was no error, we will reverse the previously credited amount, if any, and we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents we used in our investigation.
Disclosure of Account Information to Third Parties
We may disclose information to third parties about your account or the transactions you make:
Termination
If you want to terminate your access to Internet Banking, call us at (816) 881-8270. After receipt of your call, we will send a written termination authorization for your signature and returned to us. RECURRING TRANSFERS WILL NOT NECESSARILY BE DISCONTINUED BECAUSE YOU TERMINATE ACCESS TO THE SERVICE. IF YOU WANT TO MAKE SURE THAT RECURRING TRANSFERS BETWEEN ACCOUNTS ARE STOPPED, YOU MUST TELL US. NOTIFY THE BANK IN WRITING AND SPECIFICALLY REQUEST THE TERMINATION OF THE TRANSFER(S).
We reserve the right to terminate the service, in whole or in part, at any time with or without cause and without prior written notice. In that event, or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend the Service in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your password as an indication of an attempted security breach. Termination of the Service does not affect your obligations under this Agreement with respect to occurrences before termination.
Limitation of Liability
Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by the service or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC equipment.
Waivers
No waiver of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of the Bank.
Assignment
You may not transfer or assign your rights or duties under this Agreement.
Governing Law
The laws of the State of Missouri shall govern this Agreement and all transactions hereunder. Customer acknowledges that he/she has reviewed this Customer Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby.
Amendments
We can change a term or condition of this Agreement by mailing or delivering to you a written notice at least thirty (30) days before the effective date of any such change. We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain or restore the security of our system or an account. However, even in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the same address to which your statements are mailed, or to an e-mail address in which you authorized to receive such notices and/or disclosures.
Indemnification
Customer, in consideration of being allowed access to the Service, agrees to indemnify and hold the Bank harmless for any losses or damages to the Bank resulting from the use of the Service, to the extent allowed by applicable law.
Security Procedures
By accessing the Service, you hereby acknowledge that you will be entering a protected web site provided by the Bank, which may be used only for authorized purposes. The Bank may monitor and audit usage of the Service, and all persons are hereby notified that use of the Service constitutes consent to such monitoring and auditing. Unauthorized attempts to up-load information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986.
Internet Bill Payment Service
You authorize us to follow the payment instructions that we receive through your use of the Bill Pay. When we receive a payment instruction, you authorize a debit to your Designated Account with us on dates scheduled by you. The date a payee credits a payment depends upon the payees payment processing procedures and any specific requirements for payments and delays. We will not be responsible for delays in crediting payments which are the result of these procedures, or your failure to follow a payees payment requirements, or your failure to schedule a date to initiate sufficiently in advance of the date a payment is due, or delays in any mail service or other exceptions stated in this Agreement. You further agree to the following with respect to the Bill Pay service:
Payment Deletion (Cancellation) for Non-Processed Payments
You may not delete a "current payment" (that is a payment you schedule to initiate on the same business day). A "future payment" (that is payment you schedule on a future date) can be changed by 4:30 p.m. CST at least one business day prior to the payment date or two business days prior to the payment date if that date is a non-business day. (Remember: modification of a recurring payment or transfer instruction will affect all future payments or transfers associated with that payment or transfer.) To cancel a payment, contact the Internet Banking Department at Missouri Bank at 816-881-8270. A stop payment fee may be charged according to standard bank procedures as outlined in our account disclosures.
Delivery of Your Payments
You may schedule payments to be deducted from your Account on the day that you enter the payment information, on a future date, or on the same date each month, subject to the restrictions in this Agreement. You can enter payment information through Bill Pay 24 hours a day, 7 days a week; payments can be deducted from your Account only on business days. The day on which you direct Missouri Bank to initiate the bill payment process is the "Transaction Date". The date you enter as your "Payment Date" is the date on which the payment will be deducted from your Account, unless the date you enter as your payment date is not a business day, in which case the payment will be deducted from your account on the next business day. After funds are withdrawn from your Account, we may remit your payments by mailing your Payee a check drawn on an account we maintain for this purpose; by electronic funds transfer; or by other means. In order to provide sufficient time for payments to be received by your Payees, the Payment Date for each payment must be at least 7 business days prior to the date your payment is due.
Re-presentment of Payments
Limitation of Liability for Transfers and Bill Payments
You agree that, except as expressly stated herein, there is no warranty of merchantability, no warranty of fitness for a particular use and no other warranty of any kind, express or implied, regarding the information or any aspect of the Services.
You further agree that Bank will not be held liable for failure to properly complete a transfer or bill payment in the following instances:
You acknowledge and agree that the Bank will not be liable for any losses resulting from circumstances over which the Bank has no direct control, including, but not limited to, the failure of electronic or mechanical equipment, communication lines, telephone or other interconnect problems, operator error, log-in sequences, power outages, severe weather, earthquakes, floods or other such events deemed acts of God. Further, you acknowledge that there are other means and methods for accessing the information in your account(s) and conducting transactions. In the event that you should experience problems accessing the Services, you will attempt to access such information and conduct such transactions by alternative means and methods.
There may be other exceptions stated in this Agreement and with other agreements you have with the Bank. In no event shall the Bank be liable for any damages in excess of your actual loss due to our failure to complete a transfer. In no event shall the Bank be liable for any indirect, incidental or consequential damages.
Electronic Mail
If you send Missouri Bank e-mail, it will be deemed to have been received on the following Business Day. Business Day shall be defined as Monday through Friday, 8:00 a.m. to 4:30 p.m. Missouri Bank will have a reasonable time to act on your e-mail. You should not rely on e-mail if you need to communicate with Missouri Bank immediately. Do not include confidential information such as account number on any e-mail you send to the bank.
You agree that the Bank may respond to you by e-mail with regard to any matter related to the Service. This includes, but is not limited to, responding to a claim of unauthorized electronic funds transfer that you make. Any such e-mail shall be considered received within three (3) calendar days of the date that is was sent by the Bank, regardless of whether you sign onto your e-mail service provider within that time frame. You also agree that the Bank may send information about other Missouri Bank products and services to you by e-mail.
I/We understand that I/we are the only individual(s) authorized to use Internet Banking and that use of the Internet Banking signifies agreement to the terms and conditions set forth in this Internet Banking Agreement, which will be furnished to me/us.
IMPORTANT: WE RECOMMEND THAT YOU PRINT A COPY OF THIS AGREEMENT AND RETAIN IT FOR YOUR RECORDS.
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