Terms and Conditions
COMMUNITY STATE BANK ONLINE BANKING AGREEMENT
This Online Banking Agreement (the "Agreement") governs your use of Community State Bank's Online Banking service. By subscribing to Community State Bank's Online Banking service or using the service, you agree to the terms of this Agreement. Please read this Agreement carefully and keep a copy for your records.
In this Agreement, "you" and "your" refer to the person(s) subscribing to or using Online Banking; "we", "us", "our", and "Bank" refer to Community State Bank and any agent, independent contractor, designee, or assignee Community State Bank may, in its sole discretion, involve in the provision of Online Banking services.
You have requested our Online Banking service. You represent and warrant to us that you will use the Online Banking Service solely for legitimate purposes on personal, family, household, or business banking accounts which you are authorized to access.
Online Banking Services
With Online Banking, you may use a personal computer ("PC") over the Internet to access your Accounts at the Bank, including:
· Checking Accounts
· Savings Accounts
· Line of Credit Accounts
· Individual Retirement Accounts
· Certificates of Deposit
· Loans
There is no charge for the use of Online banking unless Bill payment services are also utilized. For details of fees see your account disclosure.
You must have at least one account with the Bank to subscribe to Online Banking.
With Online Banking, you may use the Internet to:
a. Transfer funds between your deposit accounts at the Bank (but not certificates of deposit) or IRA's
b. Obtain balances and transaction information for your deposit and loan accounts.
c. Exchange electronic mail ("e-mail") with the Bank.
d. Pay Bills on line if your enroll for this service. (A fee may be charged to your checking account for this service. See your account disclosure for complete account information.)
The following terms and conditions apply when you use Online Banking:
* Your Deposit Account Rules and Regulations for savings or money market accounts limit you to six "indirect withdrawals" from your account during each statement period. An indirect withdrawal includes (i) electronic and telephone transfers of funds between accounts at the Bank, including Internet transfers, (ii) an automatic transfer at a predetermined time or on a fixed schedule from the account to another account at the Bank, and (iii) preauthorized payments to third parties.
* The daily funds transfer cutoff time is 4:00 p.m. Eastern Standard Time. Transfers received before 4:00 p.m. on a business day will be made that same business day. Transfers received after 4:00 p.m. on a business day will be made the next business day. Transfers received on a non-business day will be made the next business day.
* You may use Online Banking to transfer funds only between accounts that are maintained at the same bank.
* A transfer from a line of credit account is considered an advance against that account and will be subject to the terms and conditions of your line of credit advancement.
* You may send e-mail to us, but we will not receive your electronic message immediately. If you need to contact us directly you should call 989-865-9945. We will not be obligated to take any action on an e-mail message you send us until we actually receive it and have a reasonable time to act on it. You cannot use e-mail to request a funds transfer or order a stop payment.
* Information about transactions in your accounts will be available through Online Banking for no more than 60 days.
* The Bank reserves the right to limit Internet access to your accounts and to limit the frequency and dollar amount of transactions from your accounts for security reasons.
Online Banking with Bill Pay
You may subscribe to our Bill Pay service as part of your Online Banking service and make bill payments over the Internet from your checking accounts. To subscribe to the Bill Pay service, you must have at least one checking account at the Bank. You may not make payments from an account if the account requires two or more signatures to make withdrawals. Payments may be made only to Payees with a U.S. payment address. Payments may be made only in U.S. dollars. Your checking account will be charged a per bill charge of $.50 if your account is subject to service charges. This charge will be applied against any checking account used for the purposes of Bill Pay and will continue as long as you use this service.
You may subscribe to this service by completing a Bill Payment Service Authorization Form.
Your Payee List. You must provide sufficient information about each Payee ("Payee Information"), as we may request from time to time, to properly direct a payment to that Payee and to permit the Payee to identify the correct account ("Payee Account") to credit with your payment. This information may include, among other things, the name and address of the Payee and your Payee Account number. You may add or change the Payee Information using Online Banking with Bill Pay. From time to time we may set or change the number of Payees you may designate to receive payments through Online Banking. You may delete a payment from your Payee List at any time.
Initiation of Your Payments. For each payment, you must choose a date on which you want us to initiate the payment. A payment is "initiated" when we begin the process of generating the payment you request. The date on which you want us to initiate a payment is called the "Transaction Date." You may schedule payments to be initiated on the day that you enter the payment information, on a future date, or on the same date each month, as follows, subject to the restrictions in this Agreement:
Same Day Payments. A "Same Day Payment" is a payment you have scheduled to be initiated on the same day that you enter the payment information on Online Banking. A Same Day Payment must be scheduled by 4:00 p.m. (Eastern Time) on a Business Day in order for the payment to be initiated on the same day.
Future Payments. A "Future Payment" is any payment, other than a Recurring Payment, to be initiated on any future Business Day.
Recurring Payments. A "Recurring Payment" is a payment to the same Payee in a fixed amount on the same day of every recurring period (for example, on the 15th of each month). Payments may be scheduled to be made weekly, bi-weekly, monthly, bi-monthly, quarterly, semi-annually, or annually. The day on which a Recurring Payment is scheduled to be initiated is referred to below as the "Recurring Payment Date." If a Recurring Payment Date is a day that does not exist in a certain recurring period (for example, February 30), then the payment will be initiated on the Business Day immediately prior to the scheduled Recurring Payment Date. If the Recurring Payment Date falls on a day other than a Business Day in any recurring period, your payment will not be initiated until the next Business Day.
We may withdraw the amount of each payment from your designated checking account on or after the Transaction Date.
You agree to have sufficient funds in your Checking Account and any applicable line of credit to make each payment you request as of the Transaction Date for each payment. If there are not sufficient funds to make a payment you request, we may elect not to send your payment or we may resubmit the transaction on the next Business Day.
After funds are withdrawn from your Checking Account, we will remit your payments by mailing your Payee a check drawn on an account we maintain for this purpose. Because of the time it takes to transmit your payment to your Payees, they will not receive payment on the Transaction Date. This applies regardless of whether the payment is a Same Day Payment, a Future Payment, or a Recurring Payment.
Scheduling A Payment. Although you can enter payment information through Online Banking 24 hours a day, 7 days a week, payments can be initiated only on Business Days. To provide sufficient time for a payment to be received by each Payee, you must schedule the Transaction Date of your first payment to that Payee to be at least 10 Business Days before the Due Date of that payment. The "Due Date" is the date on which your payment is due, without taking into account any applicable grace period. You must schedule the Transaction Date for each subsequent payment to that Payee to be at least 7 Business Days before the Due Date of your payment. We will not be responsible for any loss you may incur as a consequence of late payment if your actual Transaction Date is not at least 10 Business Days before the Due Date of your initial payment to a Payee and 7 Business Days before the Due Date of any subsequent payment.
Uncompleted Payments. If we remit your payment to a Payee by mailing your Payee a check drawn on an account that we maintain for this purpose and the check has not been presented for payment within 90 days after the Transaction Date, we may investigate the status of the check. If the Payee cannot be reached, or the payment is to an individual and the check has not been presented for payment by 90 days after the Transaction Date, we may place a stop payment order on the check and mail you a refund check.
Our Liability for Failure to Complete Transactions
We will process and complete each payment and transfer that is properly scheduled through Online Banking in accordance with the terms of this Agreement. If we do not complete a payment or transfer to or from your account on time or in the correct amount under the terms of this Agreement, we will be liable for your losses and damages. However, there are some exceptions. We will not be liable, for instance, if:
a. Through no fault of ours, available funds are not in your account to make the transfer.
b. The transfer would go over the credit limit on your overdraft line (if any applies).
c. The funds in your account needed for the transaction are subject to legal process or other encumbrance restricting their transfer.
d. Online Banking, your PC or modem, or communications link is not working properly and you knew about the malfunction when you scheduled the payment or transfer.
e. A Payee mishandles or delays in handling payments sent by us.
f. You have not provided us with the correct Payee name, address, Confirmation Number, account information or payment amount.
g. Circumstances beyond our control (such as fire, flood, or delay in the U.S. Mail) prevent the proper completion of the transaction despite reasonable precautions by us to avoid these circumstances.
h. The Payee Information necessary to complete the payment stored on your PC's hard drive and/or the host has been lost.
There may be other exceptions stated elsewhere in this Agreement.
Security Procedures
You agree that you will follow the Online Banking security procedures described below and that you will not give your Online Banking Password, or make it available, to any person who is not authorized to have access to your accounts.
The security procedures are as follows: You will chose an Online Banking Password that you must use to obtain access to Community State Bank's Online Banking service. You authorize us to follow any instructions entered through Online Banking using your On Line Password.
Equipment
You are responsible for obtaining, installing, maintaining, and operating all PC equipment and software used to access and perform the Account services through Online Banking. We will not be responsible for any errors or failures from the malfunction or failure of your telephone. We are not responsible for any loss, damage or injury resulting from (i) an interruption in your electrical power or telephone line; (ii) the disconnecting of your telephone line by your local telephone company or deficiencies in your line quality; (iii) any defect or malfunction of your PC, modem or telephone line, (iv) any computer virus or related problems that may be associated with the use of an online system, (v) any interruption of service by your Internet Service Provider. We are not responsible for any services relating to your PC other than those specified in this Agreement.
Statements
All of your transactions made through Online Banking will appear on your account statement(s). The amount, and Transaction Date will be reflected for each transaction made through Online Banking.
Fees
Current fees for Bill Payment services are as follows:
Personal Accounts - $.50 per bill payment if your account is subject to service charges. Please see your account disclosure for complete account information.
You agree to pay the fees that we from time to time establish for Online Banking Accounts.. You authorize the Bank to deduct the fees from any deposit account that you maintain at the Bank. We shall not be liable if such a deduction causes an overdraft in your account or reduces your balance below a minimum balance required to avoid account fees. If your account does not have enough funds to pay any fee charged under this Agreement, you agree to pay us the remainder of what you owe us in cash. In addition to the fees under this Agreement, your accounts will be subject to the fees and charges provided under the Rules and Regulations and agreements that govern those accounts.
Business Days/Hours of Operation
Our Business Days are Monday through Friday, except bank holidays. Online Banking is available 24 hours a day, seven days a week, except during maintenance periods, for you to schedule transactions and obtain information about your accounts. Transactions that you make using Online Banking (including bill payments) will be completed only on Business Days.
Notice of Your Rights and Liabilities
If you believe your Password has been lost or stolen or that someone has transferred or may transfer money from any of your accounts without your permission, call 989-865-9945 or write to: Community State Bank Online Banking Customer Service, P.O. Box 8, Saint Charles, MI 48655.
If you believe your Password has been stolen or compromised, you must immediately enter the system and change your Password. If you are unable access Online Banking, you must tell us AT ONCE. Telephoning is the best way of keeping your possible losses down. If you fail to notify us promptly, you could lose all the money in your account, plus your maximum overdraft line of credit, if you have one. If you tell us within 2 Business Days after you learn of the unauthorized activity, you will not lose more than $50 if someone used your Password without your permission. (If you believe your Password has been lost or stolen and you tell us within 2 Business Day after you learn of the loss or theft, you can lose no more than $50 if someone used your Password without your permission.)
If you do NOT notify us within 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 or authorize, 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 a long trip or hospital stay) prevented you from telling us, we will extend the time periods.
If you report unauthorized activity, you agree to cooperate with any reasonable request we make during our investigation to help us identify the unauthorized user or research the claim, including providing us with a written statement regarding a claim.
In Case of Errors or Questions about Your Electronic Transfers
Telephone us at 989-865-9945 or write us at Community State Bank Customer Service, P.O. Box 8, Saint Charles, MI 48655. Contact us as soon as you can, if you think that your statement is wrong or you need more information about a payment or transfer listed on your statement or appearing on your PC. We must hear from you no later than 60 days after you received the FIRST statement or notification on your PC in which the problem or error appeared.
a. Tell us your name and account number (if any).
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 determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days 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 choose not to credit your account.
We will tell you the results within three 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 documents that we used in our investigation.
Disclosure of Account Information to Third Parties
Since we value our customer relationship with you, we will not disclose your nonpublic personal information to nonaffiliated third parties, except as permitted by law:
a. Where it is necessary for completing a transaction; or
b. In order to verify the existence and condition of your Accounts to a third party, such as a credit bureau or merchant; or
c. In order to comply with a governmental agency or court order; or
d. If you give us your written permission: or
e. To verify information regarding the possible improper or unauthorized use of your account; or
f. Where otherwise provided by law.
We may also disclose information about your Online Banking transactions and your accounts to affiliates of the Bank for marketing purposes to the extent permitted by law.
Authorization to Delegate Service
You authorize Community State Bank to delegate any or all of its responsibilities under this agreement to any agent, independent contractor, designee, or assignee that we select.
Termination
You may terminate your use of Online Banking at any time by calling Community State Bank Customer Service at 989-8 65-9945, or writing to us P.O. Box 8, St. Charles, MI 48655. We must receive your notice at least 10 days before the date on which you wish to have your Online Banking terminated. We may require that you put your request in writing. On the date the termination of your account becomes effective, the Bank will make no further transfers or payments from your accounts, even if you have previously authorized them.
We may terminate your use of Online Banking, in whole or in part, at any time without prior notice. Your access to Online Banking will be terminated automatically if you close your accounts with the Bank, or access to your accounts is restricted, for any reason. If the Bank terminates your account, the Bank reserves the right to make no further transfers or payments from your account, even if you have previously authorized them. Termination will not affect your liability or obligations under this Agreement for transactions you have requested that we have processed on your behalf.
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 Online Banking (including bill payment) or arising in any way out of the use of Online Banking. We are also not responsible for any damage to your PC, software, modem, telephone or other property resulting from the use of Online Banking, including without limitation, any damage resulting from a virus. Without limiting the generality of the foregoing, we are not responsible for any loss, damage or injury resulting from (a) an interruption in your electrical power or telephone service; (b) the disconnecting of your telephone service by your telephone company or from deficiencies in your line quality; or (c) any defect or malfunction of your PC, modem or telephone service.
Entire Agreement
This Agreement is the complete and exclusive agreement between you and us related to Online Banking. Your accounts at the bank will be governed by the Rules and Regulations and account agreements that apply to those accounts. If this Agreement conflicts with any statement, agreement, or representation about our Online Banking made in any other agreement or disclosure related to your accounts or made by any our employees or agents, this Agreement shall control.
Waivers
No delay or omission by us in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise therefore or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us.
Assignment
You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to a company affiliated with the Bank to any other party.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state where we maintain our principal office, without regard to that state's conflicts of law provisions. Michigan Customers: If we violate the state law governing electronic funds transfers, you may notify Office of Financial & Insurance Services, Consumer Affairs Division, P.O. Box 30224, Lansing, MI 48909
Data Recording
When you use Community State Bank's Online Banking service, your transactions, account inquiry, e-mail messages to the Bank and other information you enter will be recorded. By using Community State Bank's Online Banking services, you consent to such recording.
Amendments
We may amend or change any of the terms and conditions of this Agreement and the Schedule of Fees at any time. If a change in terms would result in increased fees or charges, increased liability for you, fewer types of available electronic funds transfers or limitations on the frequency or dollar amount of transfers, we will mail or deliver a written notice to you at least 21 days before the effective date of any change or amendment. If you do not agree to the change or amendment, you must notify us before the effective date of the change or amendment and cancel your access to Online Banking. We may make other changes, or changes that we must make immediately in order to maintain or restore the security of our system or your account, us at any time without advance notice to you. However, if we change the terms of this Agreement without advance notice to you, and it is to be made permanent, we will give you written notice of the change with your next regularly scheduled periodic statement or within 30 days, unless that disclosure would jeopardize the security of our system or your account. Changes that are binding against the Bank may only be made in writing agreed to by the bank.