Internet Banking Disclosure
Online Banker
(Internet) Agreement
1. The Service.
In consideration of the Online Banker services
(“Services”) to be provided by Midwest Bank (“BANK”) as described from
time to time in information distributed by BANK to its customers. In the agreement,
“Customer” refers to the person(s) subscribing to or using the Service. The
Customer agrees as follows: You may use a Personal Computer (“PC”) through an
Internet connection to obtain account balances and transaction information. You may also
use your PC to obtain statements on your accounts and to transfer money between your
accounts. However, transfers from your savings and Money Market accounts are considered
pre-authorized transfers, and pre-authorized transfers are limited to six (6) per monthly
statement cycle by federal regulations. In addition, you may use your PC to electronically
direct us to make payments from your account to third parties (“Payees”) that
you have selected to receive payment through the Service. You may make payments through
the Service to any business professional, merchant, family member, or friend. The
(“Account”) means your designated bill payment checking account at BANK from
which we make bill payments on your behalf pursuant to the Agreement. All payments will be paid solely by draft/check.
By subscribing to the Service or using the Service to make any payments to a third party,
you agree to the terms of the Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.
2. Your Merchant List.
You may include all utility companies, merchants,
financial institutions, insurance companies, individuals, etc. (“Payee”) whom
you wish to pay through Midwest Bank Online Banker Bill Payment Service (“Bill
Payment”). Include a complete mailing address and telephone number for each payee
along with your account number for that payee. We reserve the right to decline to make
payments to certain persons and entities.
3. Your Password.
Each individual who has access to Online Banker,
including each individual named on joint accounts, must designate a password and an access
ID. Your password must be 6-12 characters in length and must consist of at least one (1) upper case letter, (1)
lower case letter, (1) numeric character and (1) special character. Examples of special characters are: @ * ! $ & +.
The passwords are case sensitive. Example of a valid password: Midwest7*. It is recommended that you change your password
periodically to enhance security however you will be required to change your password
every 6 months.
4. Scheduling Payments.
You may choose to utilize the Online Banker Bill Payment
Service and use your PC to electronically schedule bill payments with the Service. The
Bill Payment Service will produce and mail checks on your behalf for payments of your
bills as authorized by you online in the Service. The
Bill Payment Service is FREE! A Bill Payment
check issued on your behalf by the Bank will be posted against your Checking account after
the check is processed by your payee and returned to us through normal check clearing
channels. It is your responsibility to have
sufficient funds available when the check is presented for payment. If insufficient funds are available when the check
is presented for payment, the check may be returned as NSF or charged against your account
as an overdraft. In either case, you will be
charged a $25.00 insufficient funds fee.
5. Delivery of Your Payments and Transfers.
You may schedule payments to be initiated on the current
business day, on a future date, or on the same date of each month, subject to the
restrictions in the Agreement. Although you can enter payment information through the
Service twenty-four (24) hours a day, seven (7) days a week, payments can be initiated
only on business days. This date is referred to in this Agreement as the “Transaction
Date.” If you direct the initiation of a payment to occur on a day other than a
business day, it will be initiated on the following business day.
We will remit your payments by mailing your Payee a bill
payment check. Because of the time it takes
to send your payment to them, your Payees generally will not receive payment on the
Transaction Date. This applies regardless of whether the payment is a next-day payment, a
future payment, or a recurring payment, as described below. Therefore, in order to provide
sufficient time for payments to be received by your Payees, the Transaction Date should be
prior to the date your payment is due, excluding any applicable grace periods (the
“Due Date”). It is helpful if you allow additional time for a payment to be
completed the first time you send a payment to a Payee through the Service. This allows
the Payee to adjust to the new form of payment. It is recommended that you allowed 5-7
business days for payments to be received and posted by the payee. Payments and transfers
must be scheduled by the normal cut-off time of
6. Recurring Payments
Recurring
payments are those made for the same amount and are made on a weekly, bi-monthly, monthly
basis, etc. Once started, recurring payments will be made automatically until you tell us
to stop or cancel the payment on-line and we have a reasonable opportunity to react.
7. Our Liability for Failure to Complete Transactions.
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 might be liable
for some of your losses or damages. However, there are some exceptions. We will not be
liable for instance:
a. if, through no fault of ours, you do not have enough money in your account to make the
transfer;
b. if the money in your account is subject to legal process or other encumbrances
restricting transfer;
c. if the transfer would go over the credit limit on your overdraft line (if any);
d. if the system was not working properly when you started the transfer;
e. if circumstances beyond our control (such as fire or flood or systems failure) prevent
the transfer, despite reasonable precautions that we have taken;
f. if the payee mishandles or delays handling payments sent by us;
g. if you do not allow an adequate number of days between the date of the transaction and
the date the payment is due, or
h. if the bill payment check is lost or otherwise mishandled by the postal service.
8. Canceling Payment.
You may use your PC to cancel a payment up to
9. Stop Payment.
You may submit a Stop-Payment Order in
Online Banker for a check that you have written but that has not yet been presented for
payment. Our Online Banker Stop-Payment cutoff time is 3:00 PM Central Standard Time on
any banking business day. A stop payment
submitted after the cutoff time or on a non-banking business day will be considered as
entered on the next business day. The stop payment will become tentatively effective as of
the business day that we receive it however we will mail a Stop-Payment Order to you that
you must sign and return to your closest Midwest Bank office within 7 days. Properly signed Stop-Payment Orders are effective
for 6 months after the date accepted and will automatically expire after that period
unless renewed. A Stop-Payment Order must
precisely identify the check number, date, and amount of the item, and the payee. If this information is not provided, this
Stop-Payment Order will be ineffective. You
will not be notified if we return an item for Payment Stopped that we have identified as
the item for which you issued the Stop-Payment Order. Your checking account will
automatically be assessed a $20.00 Stop Payment fee for each Stop Payment Order that you
submit through Online Banker. You must notify
your local Midwest Bank office immediately if you wish to terminate a Stop-Payment Order.
10. Statements.
All transfers and/or fees made with the Service will
appear on your monthly account statement. Bill Payment Checks will show as debit items on
your monthly statements when they have been paid. An
image of the Bill Payment Check will only be included with statements that currently
receive monthly check images.
11. Fees.
Fees for Services shall be payable in accordance with a
schedule of charges as established and amended by BANK from time to time. Charges shall be
automatically deducted from customer’s Account, and BANK shall provide to Customer
monthly notice of such debit(s) on your statement.
12. Equipment
You are solely responsible for the equipment (including
your personal computer and software) you use to access the Services. We are not
responsible for errors or delays or your inability to access the Services caused by your
equipment. We are not responsible for the cost of upgrading your equipment to stay current
with the Services nor are we responsible, under any circumstances, for any damage to your
equipment or the data resident thereon.
13. Business Days/Hours of Operation.
Our business hours are
14. Notice of Your Rights and Liabilities.
Security of your transactions is important to us. Use of
the Services may therefore require a PIN or password. If you lose or forget your PIN or
password, please call your local Midwest Bank office: Pierce(402) 329-6221, Deshler (402)
365-7211, Pilger (402) 396-3431, Plainview (402) 582-4941, Creighton (402) 358-5144, York
(402) 362-4491, or Norfolk (402) 371-5200, during normal business hours listed above. We
may accept as authentic any instructions given to us through the use of your password or
PIN. You agree to keep your PIN and password secret and to notify us immediately if your
PIN or password is lost or stolen or if you believe someone else has discovered your PIN
or password. You agree that if you give your PIN or password to someone else, you are
authorizing them to act on your behalf, and we may accept any instructions they give us to
make transfers or otherwise use the Services. Online Banker Services enables you to change
your password; we recommend that you do so regularly however we require you to change your
password every 6 months. We may be liable for certain security breaches to the extent
required by applicable law and regulation. We do not assume any other liability or
otherwise guarantee the security of information in transit to or from our facilities.
Please note that we reserve the right to (1) monitor and/or record all communications and
activity related to the Services; and (2) require verification of all requested transfers
in the manner we deem appropriate before making the transfer (which may include written
verification by you). You agree that our records will be final and conclusive as to all
questions concerning whether or not your PIN or password was used in connection with a
particular transaction.
If any unauthorized use of your PIN or password occurs you agree to (1) cooperate with us
and appropriate law enforcement authorities in identifying and prosecuting the
perpetrator; and (2) provide reasonable assistance requested by us in recovering any
unauthorized transfer of funds.
Tell us AT ONCE if you believe your PIN or password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum line of credit). If you tell us within two (2) business days, you can lose no more the $50. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your PIN or password, and we can prove we could have stopped someone from using your PIN or password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have prevented someone from taking the money if you had told us in time. If you believe your PIN or password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call your local Midwest Bank office: Pierce (402) 329-6221, Deshler (402) 365-7211, Pilger (402) 396-3431, Plainview (402) 582-4941, Creighton (402) 358-5144, York (402) 362-4491, or Norfolk (402) 371-5200, during normal business hours listed above. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PINS OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA EMAIL.
15. Errors and Questions.
Bill payments will be by
paper checks or drafts issued on each customer’s account
by Midwest Bank and will
not be subject to the Electronic Funds Transfer rules.
While bill payments initiated by the customer will not be subject to these rules,
other transactions affecting the account may be subject to the following:
In cases of errors or questions about your electronic
transactions, telephone us at Pierce(402) 329-6221, Deshler (402) 365-7211, Pilger (402)
396-3431, Plainview (402) 582-4941, Creighton (402) 358-5144, York (402) 362-4491, or
Norfolk (402) 371-5200, 9 a.m.- 3:00 p.m. (CST), Monday through Friday, or write us at:
| Midwest Bank P.O. Box 219 Pierce, NE 68767 |
Midwest Bank P.O. Box 646 Deshler, NE 68340 |
Midwest Bank P.O. Box 346 Pilger, NE 68768 |
Midwest Bank P.O. Box 189 Plainview, NE 68769 |
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| Midwest Bank P.O. Box 60 Creighton, NE 68729 |
Midwest Bank P.O. Box 545 York, NE 68467 |
Midwest Bank P.O. Box 886 Norfolk, NE 68702 |
as soon as you can, if you think your statement or
receipt is wrong or if you need more information about a transaction listed on the
statement or receipt.
We must hear from you no later than sixty
(60) days after we sent you the FIRST statement on which the problem or error appeared.
You will need to:
a. tell us your name and Account number (if any);
b. describe the error or the transaction you are unsure about, and explain as clearly as
you can why you believe it is an error or why you need more information; and
c. tell us the dollar amount of the suspected error.
If you tell us verbally, we may require you to send us your complaint or question in
writing within ten (10) business days following the date you notified us. We will
determine whether an error occurred with 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 use of the money during the time it takes us to complete our
investigation. If we ask you to put your complaint or question in writing and we do not
receive it within (10) business days, we may not credit your account.
If we determine there was no error, we will reverse the previously credited amount, if
any, and we will send you a written explanation within three (3) business days after we
finish our investigation. You may ask for copies of the documents we used in our
investigation.
16. Disclosure of Account Information to Third Parties.
We may disclose information to third parties about your
account or the transactions you make:
a. where it is necessary for completing transactions or resolving errors involving the
Services: or
b. in order to verify the existence and condition of your account for a third party, such
as a credit bureau or a merchant; or
c. in order to comply with government agency rules, court orders, or other applicable law;
or
d. to our employees, service providers, auditors, collection agents, affiliated companies,
or attorneys in the course of their duties and to the extent allowed by law; or
e. if you give us your permission.
16. Authorization to Obtain Information.
You agree that we may obtain and review your credit
report from a credit bureau or similar entity. You also agree that we may obtain
information regarding your Payee Accounts in order to facilitate proper handling and
crediting of your payments.
18. Termination.
If you want to terminate your access to the Services,
call us at your local Midwest Bank N.A.: Pierce
(402) 329-6221, Deshler (402) 365-7211, Pilger (402) 396-3431,
We reserve the right to terminate the Services, in whole or in part, at anytime with
or without cause and without prior written notice. In that event, or in the event that you
give us a termination notice, we may (but are not obligated to) immediately discontinue
making previously authorized transfers, including recurring transfers and other transfers
that were previously authorized but not yet made. We also reserve the right to temporarily
suspend the Services in situations deemed appropriate by us, in our sole and absolute
discretion, including when we believe a breach of system security has occurred or is being
attempted. We may consider repeated incorrect attempts to enter your PIN or password as an
indication of an attempted security breach. Termination of the Services does not affect
your obligations under this Agreement with respect to occurrences before termination.
19. Limitation of Liability.
Except as otherwise provided in this Agreement or by
law, we are not responsible for any loss, injury, or damage, whether direct, indirect,
special or consequential, caused by the Service or the use thereof or arising in any way
out of the installation, operation, or maintenance of your PC equipment.
20. Waivers.
No waiver of the terms of this Agreement will be
effective, unless in writing and signed by an authorized officer of the BANK.
21. Assignment.
You may not transfer or assign your rights or duties
under this Agreement.
22. Governing Law.
The laws of the State of Nebraska shall govern this
Agreement and all transactions hereunder. Customer acknowledges that he/she has reviewed
this Customer Agreement, understands the terms and conditions set forth herein, and agrees
to be bound hereby.
23. Amendments.
We can change a term or condition of this Agreement by
mailing or delivering to you a written notice at least thirty (30) days before the
effective date of any such change. We do not need to provide you with any prior notice
where an immediate change in the terms or conditions of this Agreement is necessary to
maintain or restore the security of our system or an account. However, even in these
cases, if the change is to be permanent, we will provide you with a notice of the change
with the next regularly scheduled periodic statement we send you, or within thirty (30)
days, unless disclosure would jeopardize the security of our system or an account. Notices
mailed or delivered to you under this paragraph will be considered effective if mailed to
the most recent address we show for you in either our Checking or Savings Account records,
or e-mail address in which you agreed to receive such notices and/or disclosures.
24. Indemnification.
Customer, in consideration of being allowed access to
the Services, agrees to indemnify and hold the BANK harmless for any losses or damages to
the BANK resulting from the use of the Services, to the extent allowed by applicable law.
25. Security Procedures.
By accessing the Services, you hereby acknowledge that
you will be entering a protected web site owned by the BANK, which may be used only for
authorized purposes. The BANK may monitor and audit usage of the Service, and all persons
are hereby notified that use of the Services constitutes consent to such monitoring and
auditing. Unauthorized attempts to up-load information and/or change information on these
web sites are strictly prohibited and are subject to prosecution under the Computer Fraud
and Abuse Act of 1986.
26. Fee Schedule.
Online Banking Service Fee: The basic Online Banking
service is Free.
Bill Payment Service is Free.
Bill Payment Non-Sufficient Funds (either overdraft or return) Fee: $25.00
Bill Payment Stop Payment Fee: $20.00 per item
Research Fee: $20.00 per hour (minimum of one hour)
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with suggestions or comments at datacenter@midwestbanks.com
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