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Terms & Conditions

NVB PERSONAL BILLPAY SERVICE AGREEMENT/DISCLOSURE

This document is your NVB Personal BillPay Service Agreement ("the Agreement") with Nodaway Valley Bank ("the Bank"). NVB Personal BillPay may be used to authorize Nodaway Valley Bank to make payments from your accounts to the Payees you specify in accordance with the Agreement. The terms and conditions of this Agreement are in addition to all NVB account agreements, disclosures, and other documents in effect when governing your Account. By subscribing to NVB Personal BillPay, you agree to the terms of this Agreement.

As used in this Agreement, "you" or "your" means the person(s) authorized to use this Service. "Payee" means the third party you designate to receive payment(s) in accordance with this agreement.

EQUIPMENT REQUIREMENTS

You are responsible for the installation, maintenance, and operation of the equipment necessary to utilize NVB Personal BillPay including any computer(s), telephones, software, and related equipment ("the Equipment"). The specifications and equipment requirements may be found on the Bank's website at http://www.nvb.com. You assume the risk of error, failure or nonperformance related to your Equipment, including the risk and liability you may incur or sustain if you do not operate your Equipment correctly. The bank is not responsible or liable for any errors or failures resulting from a malfunction or defect of your Equipment in connection with your use of NVB Personal BillPay. The Bank is not responsible or liable for any computer related virus that may be associated with the use of NVB Personal BillPay. The Bank shall have no liability to you for any damage or loss, direct or consequential, which you may suffer or incur from the use of your Equipment.

AUTHORIZED PAYEES

Authorized Payees and transfer accounts will only be eligible and processed if located within the United States of America or Puerto Rico. Sufficient Payee information will be required to properly identify the correct account and merchant the payment should be credited to. For purposes of this Agreement, a merchant is defined as anybody (company, entity, or individual) to whom you want to send money using NVB Personal BillPay. Once a new Payee has been added, payments may be immediately scheduled. If a Payee requires activation, payments may be scheduled prior to activation but will not be processed until the Payee has been activated.

ELECTRONIC BILL FEATURE

The eBill feature allows you to request participating Payees to electronically deliver bills to your NVB Personal BillPay account(s). This service is in addition to (not replacement of) your current method of receiving bills from the designated Payee. The bills you receive through eBill will contain transaction information and other details necessary to pay your bills through your NVB Personal BillPay account(s). You will remain responsible for paying your bills in the event your NVB Personal BillPay Service is expired, restricted, or terminated.

SCHEDULING INFORMATION

The payment's process date is the date: (1) payments are scheduled by you using NVB Personal BillPay, subject to the daily cut-off times referenced herein and (2) the date that funds will be withdrawn from your account. The estimated arrival date is the date that your payee is expected to receive the payment. Processed payments will be viewable on your online transaction statement once the system update has occurred the evening of the process date. The daily cut-off time for payments to be processed same-day is currently 2:00 pm CST. Payments submitted after this cut-off time can be processed no earlier than the following business day. Business days are generally Monday through Friday, except certain holidays. Non-business days are generally weekends and certain holidays.

RECURRING PAYMENTS

Recurring payments will be automatically rescheduled by the system based on the parameters you selected when setting up or editing the payment. You are required to specify frequency settings when you schedule or modify a Recurring Payment. The frequency settings will include specifying whether you want the payment paid before or after the process date if it were to fall on a non-business date. If your frequency setting specifies the 29th, 30th, or 31st as a particular day of the month for processing and that date does not exist in the month, then the last calendar day of the month will be used as the calculated process date.

DUPLICATE PAYMENTS

When you schedule a new single (non-recurring) payment, the system will automatically search for a duplicate payment. A duplicate payment is one that is scheduled to the same Payee for the exact same amount within 14 days before or after the new payment's process date. If a duplicate payment is found, there will be a notation on the Review Payment page prior to submitting the payment. You will still be allowed to submit the duplicate payment if you wish.

DELIVERY OF PAYMENTS

Payments sent by check: YOU MUST ALLOW AT LEAST SEVEN (7) BUSINESS DAYS AFTER THE PROCESS DATE for each paper bill payment to reach the Payee. Payments sent electronically: YOU MUST ALLOW AT LEAST TWO (2) BUSINESS DAYS AFTER THE PROCESS DATE for each electronic bill payment to reach the Payee.

RUSHED DELIVERY

For an additional fee, you may select to Rush your payment(s) and utilize iPay's Rush Delivery Guarantee (guaranteed by iPay Technologies, NVB's Personal BillPay Provider). Rush Payments scheduled prior to the daily cutoff time may be sent Next Day Delivery or Two Day Delivery and will be sent by check. Payees that qualify for electronic delivery may be scheduled for Two Day Delivery at a discounted price (see the Fees section of this Agreement for pricing information). Specific information regarding iPay's Rush Payment Guarantee may be viewed when selecting your Rush Payment method or by contacting NVB Personal BillPay Services toll free at 866-235-1290.

ELECTRONIC FUNDS TRANSFER AGREEMENT

Bill payments sent electronically are processed by Electronic Fund Transfers (EFT). Please refer to the Electronic Fund Transfers Disclosure Statement provided to you when you opened your account. You are bound by said document, which discloses important information concerning your rights and obligations beyond those expressed in this Agreement.

NO SIGNATURE REQUIRED

When using NVB Personal BillPay to pay bills or make transfers, you agree that the Bank may debit your specified payment account(s) to process checks or electronic payments that you have not signed by hand or by legally acceptable form of electronic signature (e.g. digital signature).

DELETING OR MODIFYING PAYMENTS

Changes and/or cancellations may be made to scheduled payments by accessing your NVB Personal BillPay account(s). Changes and cancellations must be completed online no later than the daily cutoff time on the scheduled process date. Payment cancellations must be completed by phone before 11:00 am CST the day following the process date. Cancellations by phone can be made by contacting NVB Personal BillPay Services at 866-235-1290. Payments cancelled in this manner will not be counted toward the total transactions for the month.

REVIEWING PAYMENTS

You can review all pending payments and up to 84 months of bill payment history by accessing your NVB Personal BillPay account. Each payment processed during the statement cycle will be listed on the "pay from" account statement in order by process date. The account statement will show the transaction confirmation number, Payee name, payment amount, and process date. Additional payment information can be accessed through your NVB Personal BillPay account online or by calling NVB Personal BillPay Services at 866-235-1290.

AVAILABLE FUNDS

You agree to have available funds in the designated "pay from" account on the scheduled process date in amounts sufficient to pay all bill payments requested, as well as, any other payment obligations you have to the Bank. The Bank reserves the right, without liability, to reject or reverse a bill payment if you fail to comply with this requirement or any other terms of this agreement. In the event that a bill payment causes an overdraft condition on your account, you will be subject to overdrafts fees and will be obligated to take care of the overdrawn balance (including fees and paid items). The Bank will have authorization to charge any of your NVB accounts to cover such overdraft or delinquent obligations.

FAILURE TO COMPLETE PAYMENTS

The Bank will not be responsible in the event that a bill payment cannot be made if:

You provide Payee information that is incomplete, incorrect, or outdated.

You fail to activate your Payee prior to the payment's scheduled process date.

You attempt to pay a Payee that is not on your Authorized Payee list.

You fail to comply with the payment cut-off time or do not properly initiate a payment.

Your NVB Personal BillPay account and/or access has expired, been restricted, or terminated by the Bank.

A Payee has failed to make a bill available through eBill in a timely manner or available at all.

You do not have available funds for the payment to be paid.

A malfunction, defect, or other problem occurs with the Equipment utilized by you for NVB Personal BillPay service, together with any operator errors you may commit, inadvertent or otherwise, in operating the Equipment.

NVB Personal BillPay Service is unavailable for any reason outside the Bank's reasonable control.

FEES

There is no monthly service charge for using the NVB Personal BillPay Service. You may make 25 payments per month without any transaction charges. Payments processed and paid exceeding 25 per month will be subject to a $0.50 transaction fee. Total transaction fees for payments exceeding 25 will be charged to your primary account on the last business day of the calendar month.

If a bill payment causes an overdraft condition on the designated "pay from" account, you will be subject to NSF/Overdraft fees until the account is brought positive.

Rush Delivery Fee (See "Delivery of Payment" section for details)
Next Business Day Delivery (check): $34.95
Two Day Rush Delivery (check): $29.95
Two Day Delivery (electronic): $6.95

The Bank reserves the right to charge you for research time involving payments history. You will be informed of any such charges before they are incurred.

SECURITY

You will be solely responsible for controlling the safekeeping of, and access to, your login and security information. You must take every precaution to ensure the safety, security and integrity of your accounts and transactions in using NVB Personal BillPay. The Bank shall not be held responsible for information you choose to release to any unauthorized persons.

NODAWAY VALLEY BANK WEBSITE

In addition to the terms and conditions set for in this Agreement, use of the Bank's website to utilize NVB Personal BillPay is governed by the NVB website terms and conditions found at http://www.nvb.com and you are bound by such terms and conditions.

LIMITATIONS OF LIABILITY; NO WARRANTIES

NVB Personal BillPay SERVICE AND THE ELECTRONIC BANKING INCIDENT TO SAID SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MECHANTABTILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD. THE BANK SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE EQUIPMENT, INTERNET BROWSER AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF ELECTRONIC BANKING, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS OR INCOMPATABILITY OF COMPUTER HARDWARE OR SOFTWARE.

You will be liable for all transactions you initiate or that you authorize another person to make, even if that person exceeds his or her authority or lacks authority altogether. If you want to terminate another person's authority to utilize NVB Personal BillPay on your behalf, you must notify the Bank in writing and arrange to change your login information. The Bank will not be responsible for any bill payment that cannot be made if you did not properly follow the instructions for making a bill payment. You will remain responsible for any bill payment request you make that contains an error or is a duplicate of another bill payment. The Bank will not be liable in the event a bill payment cannot be made as a result of your failure to promptly notify the Bank after you learn that you have not received credit from a Payee for a bill payment; provided, that in no event will the Bank be liable if you fail to notify it within five (5) days that you have not received such credit.

INDEMNIFICATION

You acknowledge and agree that you are responsible for your officers, employees and agents conduct while using NVB Personal BillPay Service and agree to indemnify and hold us and our officers, directors, shareholders, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to reasonable attorney's fees and related costs) that we may incur in connection with a third party claim or otherwise, in relation to your use of electronic banking and NVB Personal BillPay or the use of the same by anyone utilizing your login information to access electronic banking and NVB Personal BillPay (authorized or unauthorized) or your violation of the Agreement or the rights of any third party. Your obligations under this Agreement shall survive termination of this Agreement.

AMENDMENT AND TERMINATION

Unless otherwise required by applicable law, the Bank has the right to change this Agreement at any time without prior notification. The most recent agreement will supersede any prior agreement. A copy of any modifications or amendments will be available to you in written or electronic format. If you do not agree to the terms of the changes, you must notify the Bank immediately and cancel your access to the Service. Use of the Service after modification or amendment(s) have been made, indicates your agreement with such changes.

The Bank has the right to terminate this Agreement at any time. Termination will occur as a result of expiration or deletion of access to online banking. You may terminate this Agreement at any time by written or verbal notice to the Bank. All scheduled payments will be immediately cancelled upon termination of access to NVB Personal BillPay Service. The Bank will not be responsible for any scheduled payments made before the Bank has a reasonable opportunity to act on your termination notice. You will remain obligated for any payments made by the Bank on your behalf. Cancellation of NVB Personal BillPay Service only applies to this Agreement and does not terminate your Bank accounts.

RELATION TO OTHER AGREEMENTS AND JOINT ACCOUNTS

Use of NVB Personal BillPay Service may be affected by other agreements between you and the Bank. Multiple accounts with the Bank may be tied to NVB Personal BillPay Service as the Bank permits. When an account is established for NVB Personal BillPay Service, any other agreements with the Bank related to that account are not modified or altered.

ASSIGNMENT

You may not assign this Agreement to any other party. The Bank may assign its right under this Agreement and may also assign or delegate certain of its rights and responsibilities under the Agreement to independent contractors or third parties.

NO WAIVER

The Bank shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising its rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of rights or remedies on future occasions.

SEVERABILITY

If any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intent of the Agreement, and the remaining portions shall remain in full force and effect.

Note: Please keep a copy of this NVB Personal BillPay Service Agreement for your files.