ONLINE BANKING AGREEMENT and ELECTRONIC FUNDS TRANSFER DISCLOSURES
Notice and Consent Regarding Electronic Delivery of Terms and Disclosures:
Review the following information regarding the electronic delivery of the Terms and Disclosures. We recommend you print or download a copy for your records. By consenting to the electronic delivery of the Terms and Disclosures, you agree to the following:
Scope of Consent
Your consent to receive electronic disclosures applies only to this transaction and does not apply to any future transactions that may occur between us or to any other disclosures that we may be required to provide you.
Equipment and Services
To access UNISON BANK's Online Banking you must have a personal computer with Internet access. An Internet connection that supports 128-bit encryption is required. Current anti-virus and malware programs are also recommended. In order to keep copies of information provided as a result of your use of Online Banking, you will need to have access to a printer or have the ability to download information.
Consent to Electronic Delivery
Use of UNISON BANK's Online Banking Service is available only if you consent to the electronic delivery of the Terms and Disclosures. If you do not consent to receive this information in electronic form, we will not allow you to use the Online Banking Service. However, if after consenting to the electronic delivery of the Terms and Disclosures and receiving such disclosures electronically, you decide that you would also like a paper copy, you may request such a copy by writing us at UNISON BANK, PO Box 2056, Jamestown, ND 58402-2056 or by calling us at 1.800.708.8348. There is no fee for providing a paper copy.
You agree to maintain a current and valid email address. To edit your email address, go to the Options tab within Online Banking.
Consent and Acknowledgement
I acknowledge I have received, read, and agree to the Notice and Consent Regarding Electronic Delivery of Terms and Disclosures by accepting this Agreement.
Online Banking Agreement and Electronic Funds Transfer Disclosures (Terms and Disclosures):
Before enrolling in UNISON BANK's Online Banking, please review the terms and conditions that will apply to your Online Banking Service. We also encourage you to print a copy of this Agreement using the convenient print function.
This Online Banking Service Agreement (the "Agreement") together with the Electronic Consent, constitute the entire Agreement with respect to Online Banking Services, as applicable ("Online Banking"). As used in this Agreement, the terms "Bank," "us," "we," or "our" means UNISON BANK. "Customer," "you" or "your" means: (1) an individual that is an owner of an account; (2) an individual authorized by an account owner or a party-in interest to view account information and/or effect transactions in an account. By enrolling and/or using the Online Banking Service, or authorizing another to use your access to the Service, you agree to and accept the terms and conditions of this Agreement, including any online instructions we provide.
This Agreement supplements, but does not replace, the Deposit Agreement, and the terms and conditions of any credit agreements applicable to your UNISON BANK Accounts, including all accompanying fees and other schedules and any related disclosures or notices of changes of terms or conditions.
We may from time to time, introduce new Online Banking Services and we will notify you of the existence of these new Services. By using new available Online Banking Services when they become available, you agree to be bound by the rules governing these new Online Banking Services.
Accessing the Online Banking Service requires the use of a computer, a communications link (usually through a traditional or cellular telephone service provider or a cable connection and a modem or other device for connecting your computer to the Internet). All of the equipment and software, and your communications link, are collectively referred to as your "Computer."
You are responsible for obtaining, installing, maintaining and operating your Computer or other equipment. This responsibility includes, without limitation, your utilizing up-to-date web-browsers and access devices and the best commercially available encryption, antivirus, anti-spyware, and Internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there is certain security, corruption, transmission error, and access availability risks associated with using open networks, such as the Internet, and you hereby expressly assume such risks, including, but not limited to those we may disclose in our educational materials provided or made available to you from time to time. You acknowledge that you are responsible for the data security of the Computer used to access the Online Banking Service, and for the transmission and receipt of information using the Computer. You acknowledge that you have requested the Online Banking Service for your convenience, have made your own independent assessment of the adequacy of the Internet and Computer and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Computer nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for your Computer. Although we may provide a link to a third party site where you may download software, we make no endorsement of any specific software, hardware, or Internet service provider and your use of any such software, hardware or service may also be subject to the license or other agreements of that provider, in addition to the terms and conditions of this Agreement.
To access our Online Banking Service through the Internet, you will need an Internet Service Provider and a browser that supports 128-bit encryption. The Online Banking Service is compatible with Internet Explorer. For best performance we recommend using the newest release of the browser.
Enrolling in Online Banking; Waiver of Requirement for Multiple Signatures
To enroll in the Online Banking Service, you must have an account with UNISON BANK. Eligible accounts include checking, savings, certificates of deposit, and loans. You agree that any requirement for verifying two or more signatures on any item, such as checks, will not apply to any transactions initiated through the Online Banking Service, and we will have no liability when making these kinds of transfers without the requisite verification. This provision controls and takes precedence over any conflicting provision in any other agreements you have with us.
Enrollees, Owners and Delegates
If a personal account is owned by more than one person, each such person individually has the right to provide us with instructions, make any decision, obtain any information or make any request associated with the account and related Online Banking Services, to the extent allowed by the terms, conditions or governing provisions of the Account Agreement. Any owner of a personal account is entitled to enroll in Online Banking and conduct transactions in the Online Banking Service. Only those accounts bearing your social security number may be accessed.
When you enroll, you will be required to create your Access ID and Password through the enrollment process. You will need your Access ID and Password to gain access to the Online Banking Service. We recommend that you create a complex password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down. The password must be a minimum of 6 characters and no more than 10 characters. If you forget your Password, you can select Forgot Password on the Password screen and we will email you a Password. After logging in using the Password we emailed you, you will be prompted to reset the Password. If you forget your Access ID, you may call us at 1.800.708.8348 for assistance.
You agree to memorize and keep your Access ID and Password private. This is critically important to prevent unauthorized access to your accounts. Remember, anyone with your Access ID and Password may make transfers between your accounts at UNISON BANK, accounts at other financial institutions, and may direct payments from your account to third parties. While, under certain circumstances, you may avoid some or all responsibility or liability for such transactions, such unauthorized use, at a minimum, will cause you inconvenience and could cost you money. Refer to Reporting Unauthorized Transactions – Your Liability for Unauthorized Transactions below.
To help safeguard your accounts, you should change your Password frequently and you should never write your Password anywhere.
You are responsible for all Online Banking transfers and payments initiated by anyone you authorize to use the Online Banking on your behalf by furnishing your Access ID and Password to those persons, whether such use is pursuant to or beyond your instructions to the person given authorization to use Online Banking on your behalf. A transaction initiated by anyone so authorized will not be considered unauthorized for purposes of the rules described below in Reporting Unauthorized Transactions – Your Liability for Unauthorized Transactions unless you have changed your Password without telling the other person the new Password and the transaction occurs after your Password has been changed. You agree that all security procedures set forth in this Agreement for the Online Banking Service are commercially reasonable.
To protect the privacy and security of your information, UNISON BANK utilizes multifactor authentication as a security feature. This authentication uses an image and a passphrase which helps you to identify that you are at UNISON BANK's website, not a fraudulent imposter site. When you enroll in our Online Banking Service, you will select a passphrase known only to you which will be displayed with an image. Whenever you log in, UNISON BANK will show this image and phrase so you know that you have accessed UNISON BANK's authentic website. Additionally, the security feature provides you with added safety by helping UNISON BANK to identify you and prevent unauthorized access to your accounts. UNISON BANK can identify you by checking the computer(s) that you use to access the website. UNISON BANK's website will remember PCs that you designate as "Personal" and will ask you challenge questions if you are not using a "Personal" PC to access the website. This will help prevent potential fraudsters from logging into your account even if they acquire or guess your Access ID and Password.
UNISON BANK's business days are Monday through Friday, except bank holidays. Although payments and transfers can be completed only on business days, the Online Banking Service is available 24 hours a day, seven days a week, except during maintenance periods, for the scheduling of payment orders and transfers. Transfers must be scheduled by the normal cut-off time of 4:00 p.m. Central Standard Time on any business day in order for the transfer to be initiated for that business day.
Basic Online Banking
Online Banking allows you to obtain balance and transaction information for all of your accounts, view bank account histories, transfer money between certain accounts, and pay bills from your accounts in the amounts and on the dates you request.
Transaction Information: You may use the Online Banking Service to review current transaction information. Note, however, the amounts reflected as deposits will be provisional and subject to reversal if not collected from the institution upon which a deposited item is drawn. Previous transaction information can be retrieved through the statement tab for the past 6 months.
Transfers: The maximum amount of any "Single" or "Recurring" transfer between your accounts is the current available deposit or credit balance in the source account (plus any available credit in an associated line of credit that may be linked to your checking account). A transfer may be scheduled from and to the transfer account you designate at a time up to 365 days in advance of the date the transfer is to be made (called a "Single Transfer"), or may be set-up as automatic recurring transfers to be made at substantially regular intervals (that is, monthly, quarterly, etc.) in the same amount between the same two accounts (called a "Recurring Transfer"). If there is a minimum transfer amount provision applicable to your line of credit, it will be stated in the applicable Credit Agreement. We reserve the right to complete or reject any attempted transfer that exceeds or is lower than the applicable limit, at our complete discretion, and, regardless of our decision in that regard, you understand that such attempted or completed transfers may subject your account to an overdraft or over limit fee, as stated in the pertinent Deposit Agreement or Credit Agreement.
The number of transfers from your UNISON BANK accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
You cannot transfer funds from an Installment Loan or from or into a Certificate of Deposit. You can transfer funds directly from a Line of Credit. Funds transfers into loan accounts are credited as payments subject to the applicable Credit Agreement.
Each transfer made from a Line of Credit account is treated as an advance from that account and is subject to the terms of the applicable Credit Agreement. By requesting such a funds transfer, you are authorizing and directing us to take any action necessary to complete your request for an advance under your Credit Agreement, to charge the account from which the advance is being made without your signature, and to deposit the advance into the account you designate when you make the transfer. In addition, you agree to pay any fee, such as cash advance fees or over the credit-limit fees that may be associated with the advance as indicated in the applicable Credit Agreement.
Transfers made on or scheduled on a date falling on a Business Day will be processed the same day. However, we reserve the right to decline to pay items drawn against insufficient or uncollected funds, or to pay such items but impose an overdraft/returned item fee, if:
1. Your transfer into the account against which the items are drawn is made after the Cutoff Time on the day the items are presented for payment; and
2. Without the transferred funds, there were not or are not sufficient funds and available credit to cover the item(s) presented for payment
Transfers made or scheduled with a date falling on a Non-Business Day may not be made available until the next Business Day.
You can cancel some Single Transfers or Recurring Transfers by using the Online Banking Service to cancel the transfer. In the case of a Recurring Transfer, you can cancel all Recurring Transfers.
Bill Payment/ePay: You may use UNISON BANK's third party bill pay vendor, IPay, to direct IPay to make payments from your designated checking account to the "Payees" you choose in accordance with the Bill Paying Agreement which is located online when you access the bill pay link. The terms and conditions of the Bill Pay Agreement are in addition to the account agreements, disclosures, and other documents in effect from time to time governing your account.
Stop Payments: Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you cannot cancel or stop a bill payment online.
You may initiate stop-payment requests online via Online Banking only for paper checks written on your checking accounts. Online stop-payment requests are processed immediately. To be effective, this type of stop payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check.
If you make your stop-payment request online or by telephone, we will require you to put your request in writing and get it to us within 14 days after you call. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. Stop-payment charges for bill payments made by paper draft will be assessed the same fee as stop-payment charges for the applicable account.
If your Online Banking Service is inactive for more than 120 days (meaning you have not logged-in to the Online Banking Service for more than 120 days), this service will be terminated.
Transaction and balance information provided online will not replace any statements you currently receive from us. Your periodic statements will reflect Online Banking transactions and will state the amount of each transaction, the type of transaction, and the account charged or credited.
Reporting Unauthorized Transactions - Your Liability for Unauthorized Transactions
Tell us AT ONCE if you believe that your Access ID or Password has been lost, compromised or may have been discovered by a third party, someone has transferred or may transfer money from your account without your permission, or any of your accounts have been improperly accessed. Calling us immediately at 1.800.708.8348 is the best way to keep your possible losses down. If you have a problem or question about your account at another financial institution, please contact your other financial institution directly.
You could lose all the money in your accounts (plus the credit available under your line of credit). If you tell us within 2 Business Days after you learn of the loss, compromise or discovery by a third party of your Access ID or Password or of the discovery of unauthorized use, you can lose no more than $50 if someone used your Access ID and Password without your permission.
If you do NOT tell us within 2 Business Days after you learn of the loss, compromise or discovery of your Access ID or Password by a third party and we can prove we could have stopped someone from using your Access ID and 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 immediately. If you do not tell us within 60 days after the statement on which the problem or error appeared 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 a long trip or hospital stay) kept you from telling us, we will extend the time periods.
Our Liability If We Fail to Make a Transfer or Payment
If we do not complete an Online Transfer on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
• If, through no fault of ours, you do not have enough money in your deposit account (and, if linked to a line of credit) or available credit on your credit account to make the Transfer.
• If any portion of the system used to access or use the Online Banking Service was not working properly and you knew about the breakdown when you started the Transfer.
• If circumstances beyond our control (such as strikes, riots, fire, flood, hurricane, power failure, equipment failure, government action, computer viruses, computer hackers, etc.) prevent the Transfer, despite reasonable precautions we have taken.
• If you violate any law or regulation in connection with your use of the Online Banking Service, including without limitation the sanctions laws administered by the US Office of Foreign Assets Control.
• If you did not properly follow the terms of this Agreement or online instructions on how to make the Transfer.
• If you did not give us complete, correct, and current instructions regarding the Transfer.
• If your Computer malfunctioned for any reason.
• If the Transfer could not be completed because your Online Banking Service had been suspended or was otherwise not available.
There may be other exceptions stated in our Agreement with you. In any case, we will not be responsible for any errors or failures due to any malfunction of your Computer or to any unsuitability or incompatibility of your Computer that may be associated with the use of an online service, regardless of the cause of the error or failure.
In Case of Errors or Questions About Your Electronic Transfers
Call us at 1.800.708.8348 or write us at UNISON BANK, PO Box 2056, Jamestown, ND 58402-2056 if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we sent you the first statement on which the problem or error appeared. When reporting an error or requesting more information:
a. Tell us your name and account number.
b. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
c. 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 tell you the results of our investigation within 10 Business Days (20 Business Days for investigations on new accounts and 5 business days if the transfer involved a point-of-sale transaction) 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 for transactions on new accounts, Point of Sale or foreign-initiated transactions) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days (20 Business Days for new Accounts and 5 business days for point-of-sale transactions) for the amount you think is in error, so that you will have the 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 10 Business Days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before the account is opened. 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 within 3 Business Days after we finish our investigation. You may ask for copies of documents that we used in our investigation.
Sending Us Email
We may act upon and rely upon any email you send to us through our website. We will not monitor our email system continuously. Consequently, your email message may not be read for several hours or until the following business day. Therefore, you should not rely on email if you need our immediate attention. For example, if you need to stop payment on a paper check, to report a lost ATM card, to report compromise of discovery of your Access ID or Password, or to report an unauthorized transaction from one of your accounts, you should call us at 1.800.708.8348 to ensure prompt action on your request. We will not take action based on your email requests until we actually receive and read your message and have a reasonable opportunity to act on it, which may not occur until the business day after you send it.
Hours of Operation - Account Updates - Cutoff Times - Scheduled Maintenance and Unscheduled Unavailability
You can access Online Banking Services seven days a week, 24 hours a day. However, at certain times, some or all of the Service may not be available due to system or Internet maintenance. If we need to change the scope of our Online Banking Services, we will attempt to provide prior notices of such interruptions and changes, but cannot guarantee that such notice will be provided.
A transfer initiated through Online Banking before 4:00 p.m. Central Standard Time on a business day will be posted to your accounts on the same day. Transfers initiated on a Saturday, Sunday, a federal holiday, or after 4:00 p.m. Central Time on a business day will be posted on the next business day.
The Online Banking Service may be unavailable as a result of unforeseeable events, such as earthquakes, fires, floods, computer failures or interruptions in power or telephone service or strikes. While we and our service providers are dedicated to provide you with reliable the Online Banking Service, we cannot and do not assume responsibility for losses, damages or expenses that may occur because the Online Banking Service is unavailable at any given time, even if that unavailability is unscheduled.
There are no monthly or transaction fees for accessing your account(s) through our Online Banking Services. Please note that fees may be assessed by your Online service provider.
Confidentiality of Account Information
We will disclose information to third parties about your account or the transfers you make:
a. Where it is necessary for completing transactions or resolving errors; or
b. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
c. In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process, or in order to give information to any government agency or official having legal authority to request such information; or
d. To our employees, service providers, auditors, collection agents, or attorneys in the course of their duties and to the extent allowed by law; or
e. Upon your consent.
Your enrollment in the Online Banking Service may not be fulfilled if the Online Banking Service cannot verify your identity or other necessary information. Through your enrollment in the Online Banking Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that we reserve the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).
Address or Banking Changes
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within Online Banking or by contacting us at 1.800.708.8348. Online Banking is not responsible for any payment processing errors or fees incurred if you do not provide accurate contact information.
In the event of a dispute regarding Online Banking, you and we agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and UNISON BANK and that this Agreement supersedes any proposal or prior agreement, oral or written, and any other communications between you and UNISON BANK relating to the subject matter of this Agreement. If there is a conflict between what an employee or agent of UNISON BANK or one of our Service Providers says and the terms of this Agreement, the terms of this Agreement will prevail.
You may not assign this Agreement to any other party. We may assign this Agreement to any future, directly or indirectly, affiliated company. We may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
No waiver of your obligations under this Agreement shall be deemed to take place unless the waiver is in writing and signed by UNISON BANK.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
Exclusions of Warranties
THE ONLINE BANKING SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Amendment of this Agreement-Notices-Conflicts-Governing Law
We may change this Agreement by modifying any or all of its terms, or by adding new terms or removing some of its terms. For example, changes may include increases or decreases in the monthly fees payable under this Agreement, or the addition of new fees for other services offered under this Agreement. Unless we believe that immediate implementation of the change is necessary to protect the security or integrity of the Online Banking System, we will give you notification as required by law of any change.
Any use of Online Banking or any Online Banking Service after the effective date of a notification of a change to the Online Banking Service will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Online Banking Service's more recent revisions and updates. In addition, as part of the Online Banking Service, you agree to receive all legally required notifications by electronic means.
All notices we furnish to you may be sent by mail addressed to the last address shown in our records for you or presented to you by email to your email of record in Online Banking within the time frames required by the effective date of the notice and as required by state or federal law. Our notices will be deemed to have been given when deposited with the U.S. Postal Service or when made available to your email address or when first provided upon login unless we indicate within the notice a later effective date.
Except where this Agreement expressly provides for notice to another address or to notice by telephone, all notices you furnish to us shall be sent by mail addressed to us at UNISON BANK, PO Box 2056, Jamestown, ND 58402-2056 or by email through our website. Notice from any of you will be effective for everyone with power to give us a notice with regard to the affected account. Your notices to us will be effective when we have had an opportunity to act upon the notice after it is received by us except as to situations in which this Agreement provides or contemplates an earlier effectiveness. For purposes of our receipt of notices, email messages will be deemed received when we read them.
Except to the extent superseded by Federal law, the provision of Services shall be governed by the laws of the state of North Dakota. You acknowledge that you have reviewed this Agreement, understand the terms and conditions set forth herein, and agree to be bound hereby.
Suspension and/or Termination of Service
If you want to terminate your access to the Online Banking Service, contact UNISON BANK during business hours. UNISON BANK reserves the right to terminate your Online Banking Service, at any time with or without cause and without prior written notice. In that event, or in the event that you give UNISON BANK a termination notice, UNISON BANK may but is not obligated to immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. UNISON BANK also reserve the right to temporarily suspend the Online Banking Service in situations deemed appropriate by UNISON BANK, in its sole and absolute discretion, including when UNISON BANK believes a breach of system security has occurred or is being attempted. UNISON BANK may consider repeated incorrect attempts to enter your Password as an indication of an attempted security breach. Termination of the Online Banking Service does not affect your obligations under this Agreement with respect to occurrences before termination.