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FIRST MISSOURI STATE BANK OF CAPE COUNTY
E-SIGN AGREEMENT AND DISCLOSURE
This First Missouri State Bank E-Sign Agreement and Disclosure provides consent to receive online banking, online bill pay, mobile banking, mobile deposit, electronic bank statements (E-Statements) and accompanying legal notices/disclosures for your selected First Missouri State Bank account(s) by electronic delivery. The terms of this E-Sign Agreement are in addition to those that apply to an account or service you have with us, our terms and conditions, Privacy Policy, rules and government regulations. Within this Agreement, the terms "you", "your", and "customer", refer to each person on an account who has elected to receive electronic disclosures and statements. The term "account" or "accounts" means your accounts at First Missouri State Bank. All electronic disclosures and statements shall be in full compliance with applicable laws and regulations. It is recommended that you read this carefully and print or save it for future reference.
By accepting this Agreement, you have elected to receive your account disclosures and periodic statements in electronic format.
Equipment/Access Requirements
General:
• Personal computer or device with internet access
• A modem (56 kbps or higher recommended) or broadband connection
• A browser that supports 128-bit strong encryption
• Valid and active email address
• First Missouri State Bank Online Banking Access Credentials
Windows Operating System:
• Windows Vista, Windows 7 or higher
• Browser Specifications:
o Microsoft Internet Explorer 8 or higher
o Mozilla Firefox 25.0 or higher
o Google Chrome 31 or higher
o Opera 23.0 or higher
Macintosh Operating System:
• Mac OS Snow Leopard, Lion and Mavericks
• Browser Specifications:
o Apple Safari 5.0 or higher
o Mozilla Firefox 25.0 or higher
o Google Chrome 31 or higher
o Opera 23.0 or higher
Additional E-Statement Specific Requirements:
• Adobe Reader 9.0 or higher (Download free from www.adobe.com)
Additional Mobile Banking Specific Requirements:
• iPhone with an IOS of 8.0 or above and an iTunes account for access to the App Store
• Android device with an Android 5.0 or above and access to the Google Play Store
If the above hardware and software requirements change, you will be notified of the revised requirements and given an option to withdraw your consent to receive electronic disclosures and statements without an imposition of a fee or consequence.
Accessing Disclosures and Statements
For Online Banking, Online Bill Pay, Mobile Services and Mobile Deposit Disclosures:
You will be asked to read, review and agree to the disclosure. The disclosures will be presented for your approval within the particular platform/service that you are using. An additional program is not required to view the disclosures. You must accept the new terms in order to proceed further into the platform/service. Your acceptance date of the new terms will be retained.
For E-Statements:
First Missouri State Bank will use the email address provided during First Missouri State Bank’s Online Banking enrollment to send an email notifying you of your E-Statement notices and disclosures. You may then click on the link within the email or go to our First Missouri State Bank Online Banking Service via First Missouri State Bank’s website, www.wherefirstmeansmore.com, using your secure Access ID and Password. There will be at least 12 months of statement history. E-statements will be viewable electronically in PDF (Portable Document Format) which can be viewed online, saved to your computer or printed at your convenience. It is your responsibility to view your account statement and disclosures through First Missouri State Bank Online Banking Program; it is advisable to periodically check for emails. Notices may also be provided as a password protected PDF attachment to the email, please contact the bank for password details. By enrolling in this service, you will no longer receive a statement by mail.
If you wish to have a paper copy of a disclosure, statement or check mailed to you, normal research fees will apply. Please refer to our First Missouri State Bank Miscellaneous Fee Schedule.
Procedures for Withdrawal of Consent
If you wish to discontinue this service, you may send your request in writing to First Missouri State Bank, Attn: New Accounts Department, 2 South Mount Auburn Rd, Cape Girardeau, MO 63703 or by visiting one of our branch banks. Please allow us 30 calendar days from the date of delivery to implement your request. There are no fees associated with revoking this agreement. Termination of this agreement will result in paper account statements and disclosures being mailed to the address we have on file for you.
First Missouri State Bank has the right to rescind this agreement at any time and for any reason without advance notice.
In the event of equipment failure or email delivery error, you may request a paper copy of your statement at no charge; simply contact our Bookkeeping Department at 573-334-9000. If an email is returned undeliverable for any reason, First Missouri State Bank will make an attempt to contact you via phone. If the attempt is unsuccessful, we will resume the paper delivery of your disclosures and statements via U.S. Postal Service immediately.
Record Retention
We will maintain electronic records to accurately reflect the information contained in applicable contracts, notices or disclosures and that they will remain accessible to all persons who are legally entitled to access for the period required by law in a form that is capable of being accurately reproduced for later reference.
Privacy
Our privacy policy that has been previously provided to our customers will apply to this service. Your email address will be used in accordance with the Bank’s privacy statement to deliver notifications to you. Your email address will not be sold or otherwise provided to third parties.
Consent
Federal law requires that we obtain your consent before providing required account disclosures electronically. Therefore, your acceptance of this Agreement provides consent for us to deliver your required disclosures electronically. By check marking the “I Accept” box, you acknowledge that you have read and agree to the terms of the First Missouri State Bank E-Sign Disclosure.
FIRST MISSOURI STATE BANK OF CAPE COUNTY
ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURES
This Electronic Funds Transfer Agreement and Disclosure is made in compliance with federal law regulating funds transfer (EFT) services. Electronic funds transfers are electronically initiated transfers of money involving an account at the First Missouri State Bank of Cape County. The following disclosures set forth your and our rights and responsibilities concerning the electronic funds transfers. In this EFT Agreement, the words “you” and “your” mean those who sign as applicants or any authorized user(s). The words “we”, “us” and “our” and “Financial Institution” mean First Missouri State Bank of Cape County. The abbreviation “PIN” or word “code” means a personal identification number. The term “Online Services” refers to Online Banking, Online Bill Pay, Mobile Banking, Mobile Deposit and E-Statements. The term “Mobile Services” refers to Mobile Banking and Mobile Deposit. The term “Online Services’ Credentials” refers to the Access ID, Password and PIN needed to access Online Banking, Online Bill Pay, Mobile Banking, Mobile Deposit and E-Statements.
ONLINE SERVICES AGREEMENT
Types of Transactions: You may access certain account(s) you maintain with us using your assigned Online Services’ Credentials. You may use Online Services to perform the following functions:
• Transfer funds between eligible accounts
• Obtain balance information on eligible accounts
• Make loan payments
• Advance funds from a credit line
• Request withdrawal from a savings account
• Online bill payment
• Obtain a copy of a statement
• Allow export of transaction history to personal finance manager software
Fees and Charges for Online Services
There is no charge for Online Services.
Other EFT Transactions. You may access certain account(s) you maintain with us by other EFT transaction types as described below:
Electronic Check Conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your account using information from your check to pay for purchases or pay bills. Electronic check conversion is a payment process in which a merchant or other payee (after obtaining your authorization) uses your check to gather routing, account and check number information to initiate a one-time EFT. When information from your check is used to make an electronic funds transfer, funds may be withdrawn from your account as soon as the same day you make your payment. This type of EFT transaction involving a consumer account is covered by the Electronic Funds Transfer Act and this disclosure. A description of the transaction will appear on your statement.
Re-presented Check Transaction and Fees. You may authorize a merchant to electronically collect a fee associated with the re-presentment of a check that is returned due to insufficient or unavailable funds. The resulting fee transaction, if debited as an EFT from a consumer account, is covered by the Electronic Funds Transfer Act and this disclosure. When a merchant re-presents a check electronically, that transaction is not covered by the Electronic Funds Transfer Act or this disclosure. A description of the transaction will appear on your statement.
The following limitations may be applicable to your accounts, except as provided by law:
Liability for Unauthorized VISA Point of Sale Debit Card Transactions. Tell us, AT ONCE, if you believe your VISA point of sale debit card has been lost or stolen or of any unauthorized transactions. Your liability for unauthorized VISA point of sale debit card transactions that take place on the VISA system is Zero dollars ($0.00). We may require you to provide a written statement regarding claims of unauthorized VISA point of sale debit card transactions.
These provisions limiting your liability do not apply to VISA commercial credit cards, ATM transactions or PIN transactions not processed by VISA; and apply only to cards issued in the United States. With respect to unauthorized transactions, these limits may be exceeded to the extent allowed under applicable law (see Liability for Unauthorized Transfers paragraph below) only if we determine that you were grossly negligent or fraudulent in the handling of your account or point of sale debit card. For specific restrictions, limitations and other details see your Cardholder Agreement. To notify us of lost or stolen cards or of unauthorized transactions, call or write to us at the telephone or address set forth below. This will help prevent unauthorized access to your account and minimize any inconvenience.
VISA is a registered trademark of VISA International.
In addition to the limitations set forth above, the following limitations may be applicable to your accounts:
Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your Online Services’ Credentials have been lost or stolen or if you believe that an EFT has been made without your permission using information from your check. 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). If you tell us within two (2) business days after you learn of the loss or theft of your card or Online Services’ Credentials, you can lose no more than $50.00 if someone used your card or Online Services’ Credentials without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card or Online Services’ Credentials, and we can prove that we could have stopped someone from using your card or Online Services’ Credentials 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, including those made by card code or other means, 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 the money lost after sixty (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 a hospital stay) kept you from telling us, we will extend the time periods. If you believe that your card or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (573) 334-9000 or write us at FIRST MISSOURI STATE BANK OF CAPE COUNTY, 2 S. MT. AUBURN RD, CAPE GIRARDEAU, MO 63703. You should also call the number or write this address if you believe a transfer has been made using the information from your check without your permission.
Illegal Transactions. You may not use your ATM, POS, Debit Card or Online Services or other access device for any illegal or unlawful transaction and we may decline to authorize any transaction that we believe poses an undue risk of illegality or unlawfulness. Notwithstanding the foregoing, we may collect on any debt arising out of any illegal or unlawful transaction.
Business Days. For purposes of these EFT disclosures, our business days are Monday through Friday. Federal Reserve holidays are not included.
Documentation:
Periodic Statement. You will get a monthly account statement from us, unless there are no transactions in a particular month. In any case you will get a statement semi-annually. You will get a quarterly statement from us on your savings account if this is the only account you maintain and the only possible electronic transfer to or from the account is a preauthorized deposit. If you have a passbook account, you may bring your passbook to us and we will record any direct deposits that we made to your account since the last time you brought in your passbook.
Direct Deposits. If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company, you can call us at (573) 334-9000 to find out whether or not the deposit has been made.
Our Liability for Failure to Make Transfers. If we do not 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. 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 account to make the transfer.
• If the money in your account is subject to legal process or other claim restricting such transfer.
• If the transfer would go over the credit limit on your overdraft line.
• If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
In Case of Errors or Questions About Your Electronic Transfers. Telephone us at (573) 334-9000, or write us at FIRST MISSOURI STATE BANK OF CAPE COUNTY, 2 S. MT. AUBURN RD., CAPE GIRARDEAU, MO 63703 as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
• Tell us your name and account number.
• 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.
• Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (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 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 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 your 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 a notice of error involves an EFT that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
We will tell you the results within three (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.
If a notice of error involves unauthorized use of your point of sale debit card with the VISA logo when it is used as a VISA point of sale debit card, we will provide provisional credit within five (5) business days after you notify us instead of ten (10) or twenty (20) business days. We may withhold providing this accelerated provisional credit, to the extent allowed under applicable law, if the circumstances or account history warrants the delay.
Confidentiality. We will disclose information to third parties about your account or the transfers you make:
• To complete transfers as necessary or to resolve a problem related to a payment or transfer;
• To verify the existence and condition of your account upon the request of a third party, such as a credit bureau or merchant; or
• To comply with government agency or court orders; or
• At the Bank’s discretion to any of our subsidiaries or affiliates; or
• If you give us your written permission; or
• As otherwise permitted or required in the Bank’s Deposit Agreement and Disclosures or other applicable agreements; or
• By law or government regulations.
Notices. All notices from us will be effective when we have mailed them or delivered them to your last known address on our records. Notices from you will be effective when received by us at the telephone number or the address specified in this Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notices to you at least twenty one (21) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing your account and any future changes to those regulations.
Enforcement. In the event either party brings a legal action to enforce this Agreement or collect amounts owing as a result of any Account transaction, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, including fees on any appeal, subject to any limits under applicable law.
Other Provisions. There may be a delay between the time a deposit is made and when it will be available for withdrawal. You should review our Funds Availability Policy to determine the availability of funds deposited. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance or otherwise require us to increase our required reserve on the account.
FIRST MISSOURI STATE BANK OF CAPE COUNTY
ONLINE SERVICES AGREEMENT AND DISCLOSURE
(ONLINE BANKING, ONLINE BILL PAY, MOBILE BANKING, MOBILE DEPOSIT AND
E-STATEMENTS AGREEMENT)
Online Information Sheet, Disclosures, and Access Agreement
This Online Services Agreement (the "Agreement") is entered into by and between First Missouri State Bank of Cape County ("Financial Institution") and you, the customer ("you," "your," or "customer"). You may use First Missouri State Bank of Cape County Online Banking, Online Bill Pay, Mobile Banking, Mobile Deposit and E-Statements (the "Service") to obtain information about your accounts, to transfer funds between your accounts, to pay bills, to make deposits, to view statements and to request certain other bank services. The term “Mobile Services” means Mobile Banking and Mobile Deposit. The term “Mobile Device” means a cellular telephone or similar wireless communication device that is installed with software permitted by us that you have downloaded in order to conduct Mobile Banking transactions or that is capable of conducting Mobile Banking transactions that we may choose to permit. The term “Payee” means anyone you designate and we accept as a payee. The term “Account” means the First Missouri State Bank of Cape County account(s) which you designate through the enrollment process of each individual Online Service product. This Agreement governs your use of the Service. The term “Business Day” is defined as Monday through Friday, excluding Federal Reserve Holidays.
This Agreement supersedes all prior agreements relating to the Service except as expressly provided herein, and by continuing to use the Service's website (the "Site"), you agree to be bound by this Agreement.
You may print or save this Agreement for your records.
TERMS OF USE GENERAL INFORMATION:
Authorization. You are responsible for all transactions you or your authorized representative make using the Service. You authorize us to debit your designated account(s) for any transactions accomplished through the use of the Service. You agree that we may comply with transfer instructions entered by any one person using an authorized access identification ("Access ID") and customer password ("Password"), notwithstanding any provision that may be contained in other account documentation purporting to require more than one signature to withdraw funds from the account.
There are different activity levels that can be assigned to an Access ID. They are as follows:
• Account Inquiry: Allows you to obtain current account balance and transaction information for the previous sixty (60) days and obtain E-Statements for the prior twelve (12) months.
• Transfer Ability: Allows you the abilities listed in the Account Inquiry level in addition to the ability to transfer funds between accounts linked to the same Access ID.
• Online Bill Pay: In addition to Inquiry and Transfer abilities it also allows you the right to make payments to third parties through our Online Bill Pay Service.
The default levels are listed below. If you wish for your levels to be more restrictive, please contact us immediately.
• Checking Accounts – Account, Inquiry, Transfer Ability, Online Bill Pay
• Money Market Accounts – Account Inquiry, Transfer Ability, Online Bill Pay
• Savings Accounts – Account Inquiry, Transfer Ability
• Certificates of Deposit – Account Inquiry
• Loans – Account Inquiry
• Lines of Credit – Account Inquiry, Transfer Ability
Access Security. First Missouri State Bank of Cape County is strongly committed to protecting the security and confidentiality of our customer account information. The Financial Institution uses state-of-the-art technology in the ongoing development of its Transactional Online Cash Management service to ensure this security. We use several different methods to protect your account information:
• You can only access the Service with certain browsers that have a high security standard;
• Your account numbers are not displayed in full - only the last 4 digits can be viewed;
• You must have valid Online Services’ Credentials to logon; and
• If no action is taken for 20 minutes, you will be automatically logged off the Service.
• If no activity occurs on your account within 90 days, your access is terminated.
If you permit another person to use the Service or give them your Online Services’ Credentials, you are responsible for transfers, payments or advances that person makes from the deposit and credit accounts linked to your Service registration even if that person exceeds your authorization.
Fees. There is no charge for the use of Online Banking, Online Bill Pay, E-Statements or Mobile Banking. Fees applicable to features performed within the Services are disclosed under the Schedule of Fees given at account opening and also available from any bank office. You are responsible for all fees and charges that you may incur to any mobile communications service provider or any other third parties while using the Service.
E-mail Communications. Communications sent over the public Internet are not necessarily secure. Therefore, we strongly suggest that you do not send any confidential account information using the electronic communication options provided in our Contact Us section. You agree that we may take a reasonable time to act on any e-mail. Note that The Financial Institution may send you electronic messages about other products or services we offer, please see our Privacy Policy for further information.
PROTECTING YOUR ACCESS ID & PASSWORD:
You agree that we may send confidential mailings to the current address shown in our records for your primary checking account, whether or not that address includes a designation for delivery to the attention of any particular individual; and you further agree that First Missouri State Bank of Cape County will not be responsible or liable to you in any way in the event that such properly addressed information is intercepted by an unauthorized person, either in transit or at your place of business.
You agree to:
• To keep your Online Services’ Credentials secure and strictly confidential, providing them only to authorized signers on your account(s) or other trusted employees, agents, etc. who you want to act as your representative to access your account(s);
• To instruct each person to whom you give your Online Services’ Credentials that he or she is not to disclose them to any unauthorized person; and
• To immediately notify us and select a new Access ID and Password if you believe your confidential codes may have become known to an unauthorized person.
The Financial Institution shall have no liability to you for any unauthorized payment or transfer made using your Online Services’ Credentials that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your Online Services’ Credentials, even without receiving such notice from you, if we suspect they are being used in an unauthorized or fraudulent manner.
YOUR OBLIGATION TO EXAMINE RECORDS & REPORT DISCREPANCIES:
The Financial Institution provides no separate written confirmation of individual payments or transfers. Confirmation is provided through online information available from the Service and through your periodic account statements. You agree to examine your statement promptly and to notify us immediately of any discrepancy between the statement and your other account records. You also agree to notify us immediately of any discrepancy you may find in reviewing online information. In no event shall the Bank be liable for interest compensation as described below, unless we are notified of a discrepancy within 30 days from the date of your first statement reflecting the discrepancy.
ACKNOWLEDGEMENT OF COMMERCIALLY REASONABLE SECURITY PROCEDURES:
By using the Service, you acknowledge and agree that this Agreement sets forth security procedures for online banking transactions which are commercially reasonable. You agree to be bound by any instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above and we have had a reasonable opportunity to act on such notice.
PROPRIETARY INFORMATION
Copyright in the images, text, screens, and web pages appearing on the website is owned by First Missouri State Bank of Cape County or others as indicated. The information and materials may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these terms and conditions without our express written permission.
RELATED AGREEMENTS
Your First Missouri State Bank of Cape County accounts accessed by the Service continue to be governed by the following First Missouri State Bank of Cape County agreements and documents, as they are amended from time to time, and each are incorporated herein by reference: (1) Deposit Agreement and Disclosures, (2) the applicable Personal or Business Schedule of Fees, (3) the applicable Schedule of Miscellaneous Fees for Personal or Business Accounts, and, (4) for Money Market Accounts, your Money Market Account Customer Agreement. If you have overdraft protection or credit card accounts that are accessed by the Service, they continue to be governed by the applicable agreements you have with First Missouri State Bank of Cape County. If any inconsistency exists between such other documentation and this Agreement, then this Agreement shall control to the extent of the inconsistency.
TERMINATION OF SERVICES
You are responsible for complying with all the terms of this Agreement and with the terms of the agreements governing the accounts to or from which transfers are made using the Service. We can terminate your Online Service privileges under this Agreement without notice to you if you do not pay any fee when due, or if you do not comply with any agreement governing your accounts, or if any such account is not maintained in good standing. We can also terminate the Service if we believe that an actual or potential unauthorized use of your Access ID, Password or account may be occurring. The Financial Institution reserves the right to terminate your access to the Service or any portion of it in its sole discretion, without notice and without limitation, except as may be required by law.
MISCELLANEOUS:
Amendment. We can amend this Agreement upon notice to you, which you agree may be sent by e-mail. Any notice will be effective not later than ten (10) days after we send the notice (unless a law or regulation requires a longer notice period), whether or not you have retrieved the notice by that time.
New Services. We may, from time to time, introduce new services that are part of the Service. We will update this Agreement to notify you of these new services. By using the Service after those new services become available, you agree to be bound by the terms contained in the revised agreement.
Virus Protection. You agree that The Financial Institution is not responsible for any electronic virus that you may encounter using the Service. We encourage you to routinely scan your PC and diskettes using any reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware.
Our Liability. Unless otherwise prohibited by law, any communication or material you transmit to us via the Service or email is on a non-confidential basis and the Financial Institution may use such communications or materials for any purpose consistent with our Privacy Policy, including reproduction, publication, broadcast and posting. We will use our best efforts to include accurate and up-to-date information on the site, but we make no warranties or representations as to the accuracy of the information. You agree that all access and use of the Service and its contents is at your own risk. By using the Service, you acknowledge that we specifically disclaim any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with your access to or use of the site, (even if we have been advised of the possibility of such damages) including liability associated with any viruses which may infect a user’s computer equipment.
With regard to services or products purchased or obtained by you through the Services from a person or entity other than First Missouri State Bank of Cape County and with regard to services or products offered through the Service by the Financial Institution, unless otherwise expressly provided herein, The Financial Institution makes no warranty of merchantability or warranty of fitness for a particular purpose with regard to such services and products and the Financial Institution specifically disclaims all other warranties with regard to such services and products.
If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event shall we be liable to both parties, and our payment to either party shall fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law our liability shall be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Financial Institution is headquartered for each day interest is due, computed on the basis of a 360-day year.
Unless otherwise required by law, in no event will the Financial Institution be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorneys' fees, even if we are advised in advance of the possibility of such damages.
Charges and Fees. Customer Service requests for which you may be charged by the Financial Institution include: ordering copies of checks, copies of statements or other requests. These service requests are subject to The Financial Institution's normal service charges that were disclosed at account opening and in any subsequent editions of or amendments to your Schedule of Fees brochure. Please refer to the latest version of your Schedule of Fees & Disclosure document and any applicable amendments.
Transfers of funds using the Service are free except as follows: If you have a Money Market or Savings Account, the number of transactions that you are allowed during a monthly statement cycle is limited. Transfers through the Service are counted, and if you exceed the total number of authorized transactions for those accounts, your account will be charged as stated in the Schedule of Fees. If a transfer from a deposit account draws funds from an overdraft line of credit, or you directly make a transfer from your line of credit, you may be charged a fee for each advance, as stated in your Line of Credit Agreement.
ONLINE CASH MANAGEMENT FUNDS TRANSFER SERVICE PARTICULARS:
Types of Transfers Posting. You can transfer funds between your Checking, Money Market and Savings accounts using the Service. All such transfers are effective when you complete the transaction online. You can also transfer funds between your deposit accounts and certain lines of credit accounts using the Service. Transfers to a line of credit account will not be reflected in your line of credit account until the business day following the day on which you complete the transaction. You can also schedule payments to third parties from your Checking or Money Market accounts using the service.
Limits On Transactions. There is a maximum dollar limit on any transfer equal to the available balance in your account.
Availability. Funds must be available in the account from which you wish to transfer funds on the date you enter the transaction.
Restrictions on Transfers from Savings and Money Market Accounts. Under Federal Reserve Board Regulation D, you may make an unlimited number of deposits or transfers into a savings or money market account; however, you may make no more than six transfers or withdrawals out of such an account per monthly statement cycle (not counting transactions made at ATMs or at banking centers). Transfers made by telephone, personal computer or funds automatically transferred from a savings or money market account to another deposit account for overdraft protection are counted toward the six total permitted monthly transfers or withdrawals. If your transactions exceed the legal limit, we will charge you a fee for each such transaction in excess of the legal limit. If you exceed the restrictions three (3) times during a 12 month period, we reserve the right to change your account to another type of account that you are eligible to maintain. The amount of these fees and the minimum balances necessary to avoid these fees, where applicable, are set forth in the Schedule of Fees
Insufficient Funds to Complete Transfer. If your account does not have sufficient funds to complete a transfer as of the date the transfer is scheduled to be made, the transfer may not be completed, but if we do complete the transfer as an accommodation to you, you are responsible for any overdraft created.
Correcting or Canceling Your Transfer. You cannot cancel your transfer after it has been entered in the Service and the information is transmitted to us. You can correct information about a transfer before you send us the information, and you can use the Service to reverse a transaction after it has been entered (considered a new transaction).
Documentation and Verification of Transfers. The date and amount of transfers made through the Service will be shown on the Transaction screen of the Site, and will also be shown on your statements for the accounts from which and to which the transfer is made.
Additional Provisions Applicable Only to Business Accounts:
Under this Agreement, business customers can use the Service to transfer funds between their Financial Institution accounts. If you are a business customer and do not wish to have the ability to transfer funds or pay bills using this service, please call us at (573) 334-9000 and we will remove that function from your service.
When you transfer funds using the Service in connection with business accounts, the information in this Section applies to you.
Enrollment Form and Certification of Authority. Before using the Service, you must execute and deliver to us a Business Customer Online Services Agreement, which includes a Certification of Authority. This enrollment form is incorporated by reference as part of this Agreement. Only a person whose Access ID has a "Transferring Ability" or "Online Bill Pay" activity level may sign up for the Service's Funds Transfer Service.
Electronic Funds Transfer (EFT): Online Banking Transfers are processed by EFT. Please refer to the Electronic Transfer Agreement and Disclosures at the beginning of this document for important information regarding your rights and obligations.
ONLINE BILL PAY:
Cut-Off Time: The daily cut-off time for Online Bill Payments is 2:00 pm CST. The Financial Institution reserves the right to change the cut-off time. You will receive notice if it changes.
Single Payments: A single payment will be processed on the business day that you designate as the payment’s process date, provided the payment is submitted prior to the daily cut-off time on that date. A single payment submitted after the cut-off time on the designated process date will be processed on the following business day. If you designate a non-business date as the payment’s process date, the payment will be processed on the first business day following the designated process date.
Recurring Payments: When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a process date is calculated for the next occurrence of the payment. If the calculated process date is a non-business date, it is adjusted based upon the following rules:
If the recurring payment’s “Pay Backward” option is selected, the process date for the new occurrence of the payment is adjusted to the first business date prior to the calculated process date. If the recurring payment’s “Pay Backward” option is not selected, the process date for the new occurrence of the payment is adjusted to the first business date after the calculated process date. If your frequency settings for the recurring payment specify the 29th, 30th or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated process date, then the last calendar day of that month is used as the calculated process date.
Processing: For single and recurring payments, you must allow at least five (5) business days prior to the due date, for each bill payment to reach the payee. (For Midwest users, allow 7 days and for West Coast users, allow 8 days.) Any Online Bill Payment can be changed or canceled, provided you access the Online Bill Pay Service prior to the cut-off time on the business day prior to the business day the bill payment is going to be initiated.
Funds. You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all Online 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 an Online Bill Payment if you fail to comply with this requirement or any other terms of this agreement. If you do not have sufficient funds in the account and the Bank has not exercised its right to reverse or reject an Online Bill Payment, you agree to pay for such payment obligations on demand. You further agree the Bank, at its option, may charge any of your accounts with the Bank to cover such payment obligations.
Liability: You are solely responsible for controlling the safekeeping of, and access to, your Online Bill Pay credentials. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person’s authority, you must notify the Bank and arrange to change your credentials. You will be responsible for any Online Bill Payment request you make that contains an error or is a duplicate of another Online Bill Payment. The Bank is not responsible for an Online Bill Payment that is not made if you did not properly follow the instructions for making an Online Bill Payment. The Bank is not liable for any failure to make an Online Bill Payment if you fail to promptly notify the Bank after you learn that you have not received credit from a Payee for an Online Bill Payment. The Bank is not responsible for your acts of omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed liable for any special, consequential, incidental or punitive losses, damages or expenses in connection with this Agreement or the Service, even if the Financial Institution has knowledge of the possibility of them. The Bank is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Bank’s reasonable control.
Charges for Customer Requested Services & Other Items: These charges will only be assessed if you request one or more of the services listed here. There will be no charge for any item if needed to correct a Bank error.
Written correspondence to Payee: $10.00
Proof of Payment not necessitated by a dispute: $10.00
Payments returned due to customer error: $5.00
Overdraft fee: $30.00
Insufficient funds fee: $25.00
Expedited payment fees will include:
Overnight fee: $14.95
2nd day fee: $9.95
Reinstate fee: $25.00
Gift pay fees will include:
Gift check: $2.99
Charitable donations fee: $1.99
The Bank reserves the right to charge you for research time involving payments no longer available in your screen history. You will be informed of any such charges before they are incurred. The research fee is disclosed under the Schedule of Fees given at account opening and also available from any Bank Office.
Electronic Funds Transfer (EFT): Online Bill Payments are processed by EFT. Please refer to the Electronic Transfer Agreement and Disclosures at the beginning of this document for important information regarding your rights and obligations.
MOBILE BANKING:
Functions: To access the Mobile Banking service and functions, your Mobile Device must be Internet enabled and connected to the Internet through your mobile communications service provider. You must be enrolled in both an Online Banking and our Mobile Banking service. When you access Mobile Banking with your Mobile Device, you will see a menu of available Mobile Banking functions (e.g., view balances; view or search for transactions; locate branches; execute specific types of internal or external funds transfers; etc.). From time to time we will add, and may modify or delete particular Mobile Banking functions or geographic areas served by Mobile Banking. We may make such changes in functions or geographic service with or without prior notice. We reserve the right to refuse to make any transaction that you may request through Mobile Banking. Not all functions that are available in Online Banking are available with Mobile Banking.
Service Availability. We will use reasonable efforts to make Mobile Banking service available for your use on a continuous basis. We do not guarantee functionality of Mobile Banking services (or any Mobile Banking Software) on all Mobile Devices, on all communications networks, in all geographic regions, or at all times. Mobile Banking service may be temporarily unavailable for regular or emergency system maintenance. We will attempt to have our scheduled maintenance occur during non-peak hours, but we may conduct maintenance at any time. In addition, your accessibility to the Mobile Banking service may be interrupted because of conditions beyond our control, including outages in Internet availability. We will use reasonable efforts to re-establish Mobile Banking service in those instances, but we do not promise the Mobile Banking service will always be available for your use. We may elect to discontinue Mobile Banking (or any of the services that we provide, from time to time, through Mobile Banking) at any time. If we choose to discontinue Mobile Banking, we will provide you with reasonable notice. In the case of a disaster, your Mobile Banking may be suspended in order to allow emergency and responding personnel to use the cellular networks. In no event, regardless of cause, shall we be liable to you for unavailability of Mobile Banking services, or your inability to access Mobile Banking or to execute Mobile Banking functions.
Mobile Communications. We are not a party to, and we have no duty, liability or responsibility with respect to or in connection with (i) your mobile communications service provider agreement, or (ii) any Mobile Device, hardware, software or any other product or service you may purchase from others relating to your use of Mobile Banking. This Agreement does not amend or supersede any agreements that you have with third parties (such as your Mobile Device supplier and your mobile communications service provider), and you remain subject to all terms, fees, costs, other charges, limitations and restrictions in those agreements with third parties. Your Mobile Device supplier and your mobile communications service provider are responsible for their products and services. You agree that any problems you may have concerning those companies' products, services or agreements shall be resolved by you directly with them, and without involving us.
Your Mobile Device may become subject to unauthorized tracking, "hacking" or other manipulation by spyware, viruses or other malicious code ("malware"). We are not responsible for advising you of the existence or potential effects of any malware. Your use of your hardware and software is at your own risk.
Export Controls. Software programs, materials, tools, and technical data may be subject to U.S. export controls or the trade laws of other countries. You agree to comply with all export control regulations. You also acknowledge that you, not the Financial Institution, have the responsibility to obtain such licenses to export, re-export or import as may be required. You agree not to export or re-export to entities on the most current U.S. export exclusion lists or to any country subject to U.S. embargo or terrorist controls as specified in the U.S. export laws.
Mobile Banking License Rights Generally. In connection with your use of Mobile Banking Software, we and our licensors (or other third-parties who have directly or indirectly granted rights in those software systems and programs with respect to Mobile Banking) will require your agreement to certain license rights arrangements and/or end-user agreements ("Licenses"). By enrolling in portions of Mobile Banking relating to those software systems and programs, and by downloading and installing Mobile Banking Software, you will be evidencing your acceptance of the terms and conditions of those Licenses. We may also condition your use of Mobile Banking Software upon you affirming such Licenses by the use of "I Accept" dialogue box acknowledgements, or by other affirmative or use-based acknowledgement and agreement systems.
We and our service providers (including without limitation third-party providers of Mobile Banking Software) reserve all rights not granted to you in this Agreement and under the terms of such Licenses. If you obtain a different Mobile Device, you will be required to download and install Mobile Banking Software on the new device, under the same terms set forth in this Agreement. You agree to delete all such software from your Mobile Device promptly if the Licenses or this Agreement terminate for any reason. We reserve the right to change, add to, or terminate services with our third-party Mobile Banking Software providers, to substitute different Mobile Banking Software providers, and to enter into or arrange for the provision of Mobile Banking Software by other licensors and third-parties.
Except as specifically provided in this Agreement or the Agreements governing the terms of any license right relating to the use or operation of Mobile Banking or Mobile Banking software, Mobile Banking services and Mobile Banking software are provided “as is” without warranty or any kind, express or implied, including, but not limited to warranties of performance or merchantability or fitness for a particular purpose or non-infringement, or any other warranty as to performance, accuracy or completeness. Your use of the Mobile Banking software and Mobile Banking services, and any material or services downloaded or otherwise obtained via Mobile Banking, is at your own discretion and risk, and you are solely responsible for any damage resulting from their use.
Lost or Stolen Mobile Device or Password; Unauthorized Transactions. If you believe your Mobile Device, user name (Access ID), password, or other approved access device has been lost or stolen, or that someone has transferred or may transfer funds from your account without your authorization, contact us AT ONCE at (573) 334-9000. For additional information regarding your and our rights and responsibilities regarding unauthorized transactions, please review your applicable agreement(s) governing the affected deposit account or credit account.
Electronic Funds Transfer (EFT): Mobile Banking Transfers and Mobile Bill Payments are processed by EFT. Please refer to the Electronic Transfer Agreement and Disclosures at the beginning of this document for important information regarding your rights and obligations.
MOBILE DEPOSIT:
Introduction – How it works
Using a mobile device with a camera and data service, you can deposit eligible checks into your eligible checking or savings accounts. You will start by selecting an account, entering your check’s information, and then submitting your check. After reviewing and submitting your deposit, you will receive a confirmation and approval status email for each deposit. You will have access to all of your Scan/Mobile Deposits for up to eighteen months. You will not need to mail in your check or take it to a branch. Please do not destroy the check until at least fourteen (14) business days after it has posted to your account.
Eligibility Requirements
• You must be 18 years of age
• You must have a First Missouri State Bank of Cape County checking or savings account open for a minimum of six (6) months.
• You must have six or fewer overdrafts in a 12 month period
• You must have a valid email address
• You must be enrolled in Online Banking and Mobile Banking
• You must not have caused a loss to First Missouri State Bank of Cape County
Eligible Accounts
The following consumer checking and savings accounts are eligible for this Service:
a) Checking Accounts
b) Savings Accounts
c) Money Market Accounts
Use of Service
This service allows you to deposit checks into eligible First Missouri State Bank of Cape County accounts from a remote location by scanning the items with a compatible mobile device which then delivers the images and associated deposit information to the Financial Institution electronically. You may use this Service only for personal use in accordance with this Agreement. In order to use this Service, you must obtain and maintain, at your expense, compatible hardware. We are not responsible for the functionality or maintenance of any third party hardware or software you may need to use the Service.
Agreement Acceptance
This Agreement applies to consumer accounts only. The acceptance of this Agreement and use of the Service means you agree to all terms and conditions in this Agreement in addition to the Deposit Agreement & Disclosures provided to you at account opening. Please read this Agreement carefully and keep a copy for your records.
Limitations of Service
When using this Service, you may experience technical or other difficulties. We do not assume liability for any technical or other difficulties that you may incur. We reserve the right to change, suspend, or revoke services immediately and at any time without prior notice to you. In the event this Service is not available to you, you acknowledge that you can deposit your check at a branch office location, through a participating ATM, or by mail.
Charges or Fees
First Missouri State Bank of Cape County does not currently charge a usage fee for this Service. We reserve the right to start charging for this Service at any time. If an item you transmit for deposit is dishonored, rejected or otherwise returned unpaid, you agree that we may charge back the amount of the return to the account the check was originally deposited to and you will be assessed a fee in the amount shown on First Missouri State Bank of Cape County’s current Schedule of Fees for a returned deposit item. If there are not sufficient funds in your account to cover the amount of the returned check, the account will be overdrawn and you will be responsible for payment. You agree that the bank may debit any account maintained by you in order to obtain payment of your obligations under this Agreement.
You acknowledge that wireless providers may assess fees, limitations, or restrictions. You agree that you are solely responsible for all such fees, limitations, and restrictions, and that we may contact you via your wireless device for any purpose concerning your accounts at First Missouri State Bank of Cape County, including but not limited to account servicing and collection purposes.
Eligible Items
You agree to scan and deposit only single-party domestic checks that are drawn on U.S. financial institutions in U.S. dollars, or checks drawn on the United States Treasury, or checks drawn on any state or local government of the United States, that are made payable to the owner(s) of your First Missouri State Bank of Cape County checking or savings account.
Ineligible Items
You agree that you will not use this Service to scan and deposit any ineligible items including but not limited to the following:
a) Checks or items payable to any person or entity other than you (including third-party checks and checks with multiple payees)
b) Post-dated or stale-dated checks
c) Checks or items containing an obvious alteration to any of the fields on the front of the check or item which you know or suspect, or should know or suspect to be fraudulent.
d) Checks or items not payable in United States currency
e) Items drawn on financial institutions located outside the United States
f) Items previously converted to a substitute check or those previously submitted for deposit either remotely or in person
g) Items stamped ‘non-negotiable’
h) Photocopies of checks
i) Incomplete checks
j) Checks drawn on the account they’re being deposited into
k) Consumer loans, credit card, and mortgage payments
l) Money orders and travelers checks
m) Starter or counter checks
n) Savings bonds
o) Checks that require authorization
p) State-issued registered warrants
q) Checks from a closed account
r) Checks purporting to be a lottery or prize winning
Image Quality
You must create an image of each check that accurately represents all information on the front and back of the original check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve Board or any other regulatory agency, clearing house or association. These requirements include, but are not limited to: ensuring the following information can clearly be read and understood by sight review of the check image; the amount of the check (both written and numeric); the payee; the signature of the drawer (maker); the date; the check number; the information identifying the drawer and the paying financial institution that is preprinted on the check including the MICR line; and all other information placed on the check prior to the time an image of the check is captured (such as any endorsements applied to the back of the check). The check may be rejected as unreadable even if the Mobile Deposit Service transmits the image.
Endorsement Requirements
You agree to endorse all items with your signature and print “For Remote Deposit Only” and your Deposit Account Number on all items. The bank reserves the right to reject all items that are not endorsed as specified.
Deposit Limits
When using the Service to deposit funds, such deposits are limited per business day and for a rolling 30-day period. Deposit limits may vary depending on factors such as your account type, the length of time your account has been open and your transaction history. Generally, when using the Service to deposit funds such deposits are limited to $1500 per business day and/or $5000 per rolling 30-day period. You must receive a Deposit Notification email by 3:00 pm. for a deposit to be considered on that day’s business.
Receipt of Items
We reserve the right to reject any item transmitted through this Service, at our discretion. We are not liable for items we do not receive or for images that are not transmitted completely. An image is considered received when we transmit to you a Deposit Notification. However, such notification does not mean that the transmission was without error. In the event of an error or change to your deposit, you will receive an additional email notification from the Financial Institution explaining the situation. The next business day, you should verify that the funds have been credited to your account.
Provisional Credit and Availability of Funds
Provisional credit may vary depending on factors such as the length of time your account has been open and your transaction history. Our general policy is to make funds from your deposits available to you on the same business day that we receive your deposit. In some cases, we will not make all of the funds that you deposit available on the same business day that we receive your deposit. Funds may not be available until the second business day after the day of your deposit.
• Up to $200 of the check(s) will be available that day;
• Remaining funds of deposits (up to the deposit limits approved) will be available two business days from the day of approval.
For determining the availability of your deposits, every day is a business day, except Saturdays and Sundays, and Federal Reserve holidays. If you make a deposit and receive a Deposit Notification before 3:00 PM on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit and receive a Deposit Approval Notification after 3:00 PM or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
Credit given for the item is provisional and subject to the final approval of the item. Funds you deposit may be delayed for a longer period of time when we have reasonable cause to believe the check is uncollectable. We will notify you if we delay your ability to withdraw funds because we believe the check is uncollectable and we will tell you when funds will be available. You agree to receive all notifications regarding your use of this Service via electronic message. With respect to each item you send to First Missouri State Bank of Cape County for deposit, you agree to indemnify and reimburse First Missouri State Bank of Cape County for and hold First Missouri State Bank of Cape County harmless from and against any and all losses, costs, and expenses.
Method of Presentment
The manner in which items are cleared, presented for payment, and collected shall be in First Missouri State Bank of Cape County’s sole discretion.
Retention and Disposal of Items
You agree to retain each item no fewer than fourteen (14) days after your funds have been posted to your account. After 14 days, you agree to mark the items prominently as “Void” and to dispose of the item(s) in a way that prevents representing for payment. You agree to store each retained item in a secured locked container until such proper disposal is performed. You will promptly provide any retained item to First Missouri State Bank of Cape County as requested to aid in the clearing and collection process or to resolve claims by third parties with respect to any item.
Errors or Discrepancies
Notify First Missouri State Bank of Cape County at (573)-334-9000 as soon as possible if you believe your statement is incorrect, or if you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem appeared. If you do not notify us within 60 days from the date our statement was sent, you may not be compensated for any losses.
Security Requirements
To prevent unauthorized usage of the Service, you agree to ensure the security of the personal computer and/or mobile device you own and use to access the Service. By securing these devices, we specifically mean installing operating system patches, antivirus software, firewall and spyware detection as applicable and keeping this security software current, as well as securing the physical device from theft or unauthorized use. Additionally, First Missouri State Bank of Cape County may also request additional information from you.
Disclaimer of Warranties
First Missouri State Bank of Cape County’s representations, warranties, obligations, and liabilities and your rights and remedies, set forth in this Agreement, are exclusive. The software is provided by First Missouri State Bank of Cape County and its licensors “as is” and on an “as available” basis. We disclaim all warranties of any kind as to the use of the service, whether express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. We make no warranty that the service (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error free, (iii) that the results that may be obtained from the service will be accurate or reliable, and (iv) that any errors in the service or technology will be corrected.
Limitation of Liability
First Missouri State Bank of Cape County’s liability for errors or omissions with respect to the data transmitted or printed by the bank will be limited to correcting the errors or omissions.
User Warranties and Indemnification
You warrant to First Missouri State Bank of Cape County that:
a) You will only transmit eligible items that are properly endorsed.
b) Images will meet the image quality standards.
c) You will not transmit duplicate items.
d) You will not deposit or re-present the original item once it has been scanned and sent through this Service, unless specifically requested to do so by the financial institution.
e) All information you provide to the financial institution is accurate and true.
f) The financial institution will not sustain a loss because you have deposited an image.
g) You will comply with this Agreement and all applicable rules, laws, and regulations.
h) Items you transmit do not contain viruses.
You agree to indemnify and hold harmless First Missouri State Bank of Cape County from any loss from breach of the warranty provision.
Change in Terms
First Missouri State Bank of Cape County reserves the right to change the terms and conditions of this Service or terminate this Agreement without notice at any time.
Governing Law
This Agreement supplements the terms of your Account Agreements and Disclosures. Together they constitute the entire Agreement between you and First Missouri State Bank of Cape County with respect to the services. You may not assign this Agreement. This Agreement is governed by the laws of the Missouri and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid. Unauthorized use of this Service is strictly prohibited.
E-STATEMENTS:
Eligible Accounts. Checking, Savings, and/or Loan E-statements/Notices will be available at the same frequency (cycle) as your statement/notice that was previously mailed. Generally, checking statements are delivered monthly, while savings statements are delivered quarterly. Dormant account cycles may differ. Notices for these accounts may be sent out at any time.
Responsibilities. You are responsible for accessing, opening and reading your documents at your earliest convenience. These contain important and legally binding information and disclosures. You are responsible for promptly notifying First Missouri State Bank if any documents you receive are incomplete, unreadable or unaccessible. You must have a valid email address. You agree to immediately notify First Missouri State Bank of any changes to your email address. Failure to update and/or correct your email address may result in First Missouri State Bank reinstating the delivery of your paper statement. If you currently receive duplicate statements, mailing of the duplicate copy will be discontinued; however you may print multiple copies and distribute those at your own discretion. Email will sometimes get accidentally collected in a junk mail/spam mail folder by your email/internet service provider. Simply uncheck the email folder containing First Missouri State Bank and unmark it, this will usually let your email be received to your "Inbox". As a First Missouri State Bank Online Banking customer, you have chosen a personal Access ID and Password which allows you access to our service. You are responsible for keeping your Access ID and Password confidential and for ensuring that you have logged out when your session is complete to prevent unauthorized access. It is your responsibility to contact us if you know or suspect unauthorized use of your Access ID and Password. You agree to provide true, accurate, current and complete information about yourself as requested, and not misrepresent your identity. You understand that you have a duty to exercise reasonable promptness in examining the E-Statement for unauthorized signatures, alterations, forgery, posting errors, etc... The statute of limitations governing these responsibilities will commence at the time the Bank sends you the email notification that your E-Statement is available. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared as outlined in our EFT Disclosure. You agree that First Missouri State Bank's security procedures are commercially reasonable.
You further understand and agree that:
• You are the accountholder of the accounts being accessed. Your electronic signature executed in conjunction with this User Agreement and Disclosure and any electronic transaction on this account shall be legally binding on all owners on the account including you, and such any transaction performed pursuant to this User Agreement and Disclosure transaction shall be considered authorized by you.
• If the account number used to access this User Agreement and Disclosure is a joint account, you acknowledge that you are the primary accountholder of the joint account and that your consent and authorization has been authorized by each of the joint accountholders. All joint accountholders owners on the account are legally bound by the terms and conditions of this User Agreement and Disclosure.
Termination or Equipment Failure. In the event of equipment failure or email delivery error, you may request a paper copy of your statement at no charge; simply contact our Bookkeeping Department at 573-334-9000. If an email is returned undeliverable for any reason, First Missouri State Bank will make an attempt to contact you via phone, if no attempt can be made, we will resume the paper delivery of your statement via U.S. Postal Service immediately. If you wish to discontinue this service, you may send your request in writing to First Missouri State Bank, Attn: New Accounts Department, 2 South Mount Auburn Rd, Cape Girardeau, MO 63703 or by visiting one of our branch banks. Please allow us 30 calendar days from the date of delivery to implement your request. There are no fees associated with revoking this agreement. Termination of this agreement will result in paper account statements and disclosures being mailed to the address we have on file for you. First Missouri State Bank has the right to rescind this agreement at any time and for any reason without advance notice.
Liability. First Missouri State Bank does not guarantee the delivery of any email notification, nor liability for losses or damages arising from non-delivery, delayed or misdelivery. Factors affecting these email notifications are solely between you and a Third Party that you designate, such as an Internet Service Provider or Phone company. We make no representations or warranties whatsoever with regard to Third Party Service Providers products or services. Likewise, First Missouri State Bank makes no warranty of any kind, express or implied that our E-Statement delivery will be uninterrupted or error free. We do not and cannot warrant that First Missouri State Bank will operate without error, or that E-statements will be available at all times. You agree that neither we nor our suppliers or our directors, officers or employees be held liable for any technical, hardware or software failure of any kind, any interruption in the availability of our service, any delay in operation or transmission, any incomplete or garbled transmission, computer virus, loss of data or other similar loss. To the extent we may have breached any term of this consent and agreement, you agree that your sole remedy is to discontinue use of this service.
The laws of the State of Missouri shall govern this Agreement. You acknowledge that you have reviewed this Agreement, understand the terms and conditions set forth herein, and agree to be bound hereby.