Adams County Bank Online Banking Agreement & Disclosure
This Agreement and Disclosure applies to your use of Adams County Bank’s Online Banking service which includes unless otherwise noted in this agreement, the Internet Banking portal and Mobile Banking Service (the “System”) which permits you to access your accounts with us via the Internet for services selected by you and agreed upon by us. Throughout the website the Agreement & Disclosure will be referred to as “Agreement”. By subscribing to or using Online Banking, you agree to all of the terms of the Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.
This Agreement applies to all persons that are parties to the accounts. When used in this Agreement the terms “you” and “your” refer to each depositor on the account(s) accessible by the System, and the terms “us,” “we,” and “our” refer to Adams County Bank.
The System is a service provided solely for use by our clients. You will need an access ID and password to gain access to your accounts using the System. During enrollment you will create and confirm a password which you will use to gain access to the System, in conjunction with your assigned access ID. You should protect your password at all times and change it on a regular basis. You agree to keep the password safe and to not record, disclose or make the password available to anyone. Anyone who has access to your password will have full access to your accounts and the services you can perform on the System. You have no ability to limit any such person’s authority. If anyone uses your password you will be responsible for any transactions performed by that person.
For security purposes, you are required to change your password upon your initial login to the System. You determine what password you will use; the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three (3) unsuccessful attempts to access the System, your access will be revoked. To re-establish your authorization to use the System, you must contact us to have your failed login attempts cleared or to obtain a new temporary password.
Lost or Stolen Password
If you believe your password has been lost or stolen, or someone has transferred money or may transfer money from your account without your permission, you should notify us immediately. Calling us at 402-752-3235 is the best way of minimizing your potential losses; however, you may write to us at the address provided under the Contact Information section of this Agreement. You could lose all the money in your account (plus your maximum overdraft line of credit, if any).
The following rules established by Regulation E govern your liability unless the laws of the state governing your account impose lesser liability on you. If you tell us within two (2) business days after you learn of the loss or theft of your password, you can lose no more than $50.00 if someone used your password without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your password, and we can prove we could have stopped the unauthorized transactions 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 use of your password or other means, and you do not tell us within sixty (60) days after the statement was made available to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.
Security Information (Our Procedures)
Our System utilizes a comprehensive security strategy to protect accounts and transactions conducted over the Internet. In addition to our login security which incorporates multi-factor authentication (i.e. access IDs, passwords, plus pictures, questions, digital security keys or a personal identification number (“PIN”), we use secure socket layer (“SSL”) encryption technology for everything done in the System.
Your browser automatically activates this technology when it attempts to connect to our System and it will support the 128-bit key lengths. Whenever SSL is securing your communications, the browser will typically indicate the “secure session” by changing the appearance of a small padlock icon at the bottom of the screen from open to locked. Your communications are encrypted from your browser to our servers at all times, so no unauthorized party can read the information as it is carried over the Internet. Additionally, our servers have been certified by a “Certificate Authority” to assure you that you are actually talking to our servers instead of someone pretending to be us.
There is a 10-minute default time limit on any screen, regardless of the keystrokes that you use. Under the default time limit, if 10 minutes elapse without you doing anything on the screen, you will be taken back to the login screen where you will be prompted to re-enter your access ID and password. You will receive a warning message one minute prior to the time out.
Data transferred through the System is encrypted in an effort to provide transmission security. The System utilizes identification technology to verify that the sender and receiver of System transmissions can be appropriately identified by each other.
You agree that these procedures are a commercially reasonable method of providing security against unauthorized payment orders or other transactions and that these procedures are not for detection of errors. We reserve the right to change any process from time to time to implement new measures that are recommended in the industry to respond to new or increased threats.
Security Information (Your Obligations)
You understand the importance of your role in preventing misuse of your accounts through the System, and you:
- Agree to promptly examine any statement you receive or that we make available to you for each of your accounts in a timely manner;
- Agree to protect the confidentiality of your account, and expressly assume responsibility for any transaction conducted by an Authorized User or any Losses that result from the actions (or inactions) of you or an Authorized User;
- Understand that certain identification information by itself or together with information related to your account may allow unauthorized access to your accounts;
- Acknowledge that, notwithstanding our efforts to ensure that the System is secure, the Internet is inherently insecure and that transmission of electronic mail occurs openly on the Internet and can potentially be monitored and read by others;
- Understand and acknowledge that we cannot and do not warrant that email transmitted to and from us, will not be monitored or read by others;
- Understand and agree that we are not responsible for any electronic virus or viruses that you may encounter;
- Agree to routinely scan your computers and diskettes using a reliable virus detection product to detect and remove any viruses, but understand and acknowledge that there are certain viruses, malware, etc., which may not be detectable by commercially available software and agree that the Bank shall have no liability for any such intrusions, except as otherwise set forth herein;
- Agree to install, maintain, update and utilize industry standard security products that are appropriate for you, including, without limitation, firewalls, anti-virus protection software, anti-spyware protection, operating systems and applications with the latest patches, and a browser product that indicates the web site you are on; and
- Agree to comply with the password requirements set forth herein, as such password requirements may be changed from time to time, and to employ reasonable steps in selecting, maintaining, and protecting passwords and other codes and access devices related to the System, the services and your accounts.
Electronic Mail (E-mail)
If you send Adams County Bank an electronic mail message through the Service, Adams County Bank will be deemed to have received it on the following Business Day. E-mails will be answered within a reasonable timeframe.
You should not rely on electronic mail if you need to communicate with Adams County Bank immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur).
You agree that Adams County Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by Adams County Bank shall be considered received within three (3) days of the date sent by Adams County Bank, regardless of whether or not you sign on to the Service within that time frame.
Business Day Cut-Off
Adams County Bank’s business day is based on the Central Time Zone. The System is available 24 hours a day, 7 days a week for purposes of electronic transactions, and our business days are Monday through Friday, excluding holidays as determined by us. Any transactions initiated on non-business days, or holidays will be processed the next business day.
Internal Transfers: Transfer request initiated through the System must be entered by 4:00 p.m. (CST) Monday through Friday to be processed on that day’s business. If transactions are entered after 4:00 p.m. (CST) they will be posted on the next business day.
External Transfers: Transfer request initiated through the System must be entered by 2:00 p.m. (CST) Monday through Friday to be processed on that day’s business. If transactions are entered after 2:00 p.m. (CST) they will be posted on the next business day.
Online Banking System Services
You can use the System to perform any of the following:
- Account and Balance Inquiries
- View & download account information
- View images of paid items and deposit tickets
- Elect to receive eStatements
- View and print statements
- Transfer Funds between accounts
- Transfer Funds Person to Person
- Initiate bill payments
- Place stop payment orders on checks
- Communicate with us via e-mail
To become a mobile banking user, you first need to be an Online Banking customer. Once you are logged in our online banking site you can activate mobile banking by completing the mobile banking registration process. See the Mobile Deposit User Terms & Conditions for more information.
You may request access to any account of which you are an authorized signer or owner. If you desire services that allow you to initiate payments or transfers from an account, you will need the required withdrawal authority on the account to be able to complete the transactions. By using this Service, you agree to maintain one or more accounts with us and to keep sufficient balances in any account to cover transactions and fees that are approved by or related to the System. Collected funds must be available for distribution from your account as of the close of the business day prior to the transaction date.
Under federal regulations, you may not make more than six (6) transfers and withdrawals, or a combination of such transfers and withdrawals, per calendar month from a money market deposit account that you maintain with us to another account you maintain with us or payable to a third-party by means of a preauthorized, automatic transfer, internet transfer, telephone order or instruction (including data transmission), check, draft, debit card, or similar order. Each electronic fund transfer initiated through the System from your money market deposit account is counted as one of the six limited transfers you are permitted each month. There are no limits to the number of transfers or withdrawals made in person at the bank, by mail or by using an ATM.
You may schedule payments to be initiated on the current business day, on a future date, or on the same day of each month, subject to the restrictions on the Agreement. Although you can enter payment information through Online Banking twenty-four (24) hours a day, seven days a week, except during maintenance periods, payments will only be initiated on the business days.
Funds will be deducted from your account on the business day on which a payment is initiated for electronic payments or for payments made by check, when the check clears the account. The date is referred to in the Agreement as the Transaction Date. Payees generally will not receive the 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 in the Agreement. 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. We recommend the transaction date be at least seven (7) business days prior to the date the payment is due. It is helpful if you allow additional time for a payment to be completed the first time you send a payment to a new payee. If you select the 29th, 30th, or 31st as the day of the month for processing a recurring payment and that day does not exist in the month of the calculated processing date, then the last calendar day of that month is used as the calculated processing date. Also, by selecting the “Pay Before” or “Pay After” option, you determine if a recurring payment will be made the first business day before, or after, the originally scheduled processing date, if that should fall on a non-business day. You may include all utility companies, merchants, financial institutions, insurance companies, individuals, etc. who you wish to pay through Bill Pay. You may pay any payee within the United States, including U.S. territories and APO’s/AEO’s. For each payee, you will need a complete address, telephone number and your account number. We reserve the right to decline to make payments to certain persons and entities. Recurring payments are those made for the same amount on a weekly, bi-weekly, monthly, etc. basis until the expiration date entered by you or when you stop or cancel the service.
Access to accounts through the System will be limited to inquiry only for the following account ownership types: Guardianship, Conservatorship, Representative Payee, and Custodial. Trusts accounts where the trustees do not have ownership of the account may also be limited to inquiry access only.
You may not transfer funds from any account that requires more than one signature for withdrawals. You must be an owner or authorized signer on each account you wish to access.
The provisions of this “Joint Accounts” section apply if your accounts subject to the services with us are jointly owned. Each of you is jointly and severally obligated under the terms of this Agreement as well as the original Account Agreement(s) governing your joint accounts. Each of you acting alone may perform transactions, obtain information, terminate this Agreement or otherwise transact business, take actions, or perform under this Agreement. We are not required to obtain the consent of, or notify either of you of actions taken by the other. However, each of you will only be permitted to access accounts for which you are an owner or authorized user. Each of you individually releases us from any liability and agrees not to make any claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use your Adams County Bank Internet Banking service, harmless from and against any and all liability including, but not limited to, reasonable attorney fee(s) arising from any such claims or actions.
Modifying or Cancelling a Pending Electronic Funds Transfer
Pending transfers can be cancelled or modified until the status changes to “In Process”. Transfers cannot be cancelled or modified after cut-off time for the transfer date.
Confirmation of Preauthorized Electronic Fund Transfers (Deposits)
If you have arranged to have electronic deposits made to your account from the same payor at least once every sixty (60) days, you can find out if your deposit has been received through the System or by calling 402-752-3235.
Notice of Varying Preauthorized Electronic Fund Transfers (Withdrawals)
If your recurring electronic payments may vary in amount, the person or company you intend to pay should tell you, ten (10) days before each electronic payment, the date the payment will be made and how much it will be. The person or company that you are paying may choose to give you the option to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set. You should contact the person or company you are paying with any questions about these notices
Stop Payment Orders
You may place stop payment orders on checks using the System. When placing a stop payment order, you agree to indemnify us and hold us harmless for all losses incurred by us due to our refusal to pay the check. You acknowledge that, under the law, there are some situations where a check can be enforced against you even though you ordered us to stop payment. In such instances, we will not be liable to you for refusing to enforce your stop payment order. We will not have a duty to stop payment until you have given us the number, the exact amount of the item and the name of the payee. We must have had a reasonable opportunity to act on your stop payment order by receiving the order prior to the payment of the item by the bank. The information we require you to submit in connection with your stop payment order must be exactly correct to enable our computer system to match the payment to be stopped to your stop payment order.
A stop payment order on a check is effective for six months unless you renew the notice in writing within that time, in which case the stop payment order will be effective for an additional six-month period. At our option, we may continue stop payment orders beyond these time periods unless cancelled by you. Stop payment orders received after regular banking hours or on a holiday shall be deemed received at the opening of business on the next business day.
If we pay an item despite your timely stop payment order, the following rules will apply: (a) you will have to prove to us that you have suffered a loss and, if so, the amount of the loss; (b) we will be able to enforce any rights that the original payee or any other person who held the check had against you; (c) we will not re-credit your account until you prove your loss and we are satisfied that we are required by law to do so; and (d) if we re-credit your account, you agree to sign a statement describing the dispute with the payee or other holder of the check, to transfer to us all of your rights against the payee or other holder of the check, and to assist us in legal action taken against that person. A stop payment order will be released only upon written request from the account owner who authorized the stop payment order to be placed.
If you submit a stop payment request to us, we will charge your account the fee for such service specified on our current fee schedule, as amended from time to time.
When you schedule an electronic funds transfer using the System, you authorize us to withdraw the necessary funds from your account with us. We deduct the amount of your funds transfer from your account on the date we process your instruction. Each instruction to us to withdraw or transfer funds from your account is an order to us to make the payment from that account at that time or on a later date, if any, indicated in the instruction. We may charge payments you instruct us to make to your account even though the charge creates an overdraft, or we may refuse to make the payments if the charge creates an overdraft. If you overdraw your account, you agree to immediately pay us the overdrawn amount, together with any applicable fees.
Your System account activity will appear on the account statements we make available to you. We will make available to you an account statement each month in which an electronic fund transfer is made to or from your account. The payee’s name, payment amount, and date of the payment will be shown for each payment. If there are no transfers in a particular month, you will receive your account statement at least quarterly.
In Case of Errors or Questions About Your Electronic Transfers
Telephone us at 402-752-3235, write us at PO Box 149, Kenesaw Ne 68956 or email us at firstname.lastname@example.org as soon as you can if you think your statement or receipt 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 60 days after we made available to you the FIRST statement available on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the transfer in question, and explain why you believe it is an error or why you need more information.
- The dollar amount of the suspected error.
- The date on which it occurred.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Limitation of Liability
We will be liable to you for damages proximately caused by our failure to make a properly requested electronic fund transfer, in accordance with the terms and conditions of this Agreement, in the correct amount or in a timely manner. Notwithstanding the foregoing, unless required by law, we will not be liable to you if:
*The error results from any malfunctions of your browser, Internet service provider, computer, computer virus or other problems relating to the computer equipment you use with the Internet service, including, without limitation, your inability to access Internet service or any part of Internet service.
*Through no fault of ours, your account does not contain sufficient collected funds to make the transfer.
*The money in your account is subject to legal process or other encumbrances restricting the transfer.
*The transfer would go over the credit limit on your overdraft credit plan, if any.
*The transfer system was not working properly and you knew about the breakdown when you started the transfer.
*An act of God or circumstances beyond our control (such as fire or flood) prevent the transfer or use of Internet service despite reasonable precautions that we have taken.
*Incomplete or inaccurate information is forwarded to us by you or through an automated clearinghouse.
*You have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount for the payee on a bill payment.
*You have not properly followed the instructions for using the Internet service.
*Your operating system is not properly installed or functioning properly.
If any of the circumstances listed above should occur, we will assist you with reasonable efforts in taking appropriate corrective actions to reprocess the transactions that may not have been completed or to correct any incorrect transactions that may have been processed. Unless otherwise required by law, our sole responsibility for an error directly caused by us in transferring funds will be to correct the error. In no case will we be liable for any indirect, special, incidental or consequential damages in connection with or in any way related to Internet service.
There are no fees currently for accessing your accounts through Adams County Bank On-Line. However, fees, as described in the applicable product or account disclosure or Adams County Bank Fee Schedule, may apply to services ordered on-line. Please note that your Internet Service Provider and/or phone company, depending on the arrangement you have established with them, may assess fees.
This Agreement is governed by the laws of the State of Nebraska, including the applicable provisions of the Uniform Commercial Code and all applicable federal laws and regulations.
Children’s Online Privacy Protection Act
We do not knowingly solicit data from children, and we do not knowingly market to children. We recognize that protecting children’s identities and privacy on-line is important and that the responsibility to do so rests with both the on-line industry and the parents.
In addition to this Agreement, the terms and disclosures you received at the time your accounts were opened with us remain in full force and effect. In the event of a conflict between this Agreement and any other account rules and agreements that apply to your accounts, this Agreement shall control.
We may change your System status to inactive if you do not sign on to the service or have any transaction scheduled through System during any consecutive ninety (90) day period. If your account is considered inactive, you must contact us to have the System activated before you could use the service again.
Disclosure of Information to Third Parties
We may disclose information to third parties about your account or the transfers you make, as permitted by law, including, without limitation: where it is necessary for completing or tracing transfers or resolving errors or claims; to verify the existence and condition of your account for a third-party, such as a credit bureau or merchant or other financial institution; to comply with court orders or other legal process; to comply with subpoenas, summonses, search warrants or requests from government agencies; to other companies affiliated with us; to others with your consent; and whenever required by law.
You are solely responsible for the equipment (including, in the case of Online Banking, your personal computer and software) you use to access the Services. 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 damage to your equipment or the data resident thereon.
You understand that some support and services relating to the System, are provided by third parties other than us, and you authorize us to contract with third parties to provide such support and service.
You or any person authorized to use the Service may terminate your access to Online Banking by calling us at 402- 752-3235, by mail or in person at the Adams County bank. Recurring transfers may not necessarily be discontinued upon termination of your access. To make sure recurring transfers between accounts are stopped, please contact us by phone or in person. You remain obligated for any payments made by us on your behalf.
If your account is closed or restricted for any reason, Online Banking accessibility will automatically terminate.
We reserve the right to modify, suspend or terminate your privilege of using the website and any or all Services, in whole or in part, at any time, 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 or payments, including recurring transfers or payments and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend access to our website and any or all Services in situations we deem appropriate, in our sole and absolute discretion, including when we believe a system security breach has occurred or is being attempted. We may consider repeated incorrect attempts to enter your PIN or password as indication of an attempted security breach. Terminating the Services does not affect your or our rights or obligations under these terms and disclosures with respect to occurrences before termination.
In the event we terminate or restrict the Service, we will try to notify you in advance but are not required to do so. You will be notified as soon as practicable. Termination shall not affect the rights and obligations of the parties for transactions made with the Service before we have had a reasonable time to respond to your termination request.
We reserve the right, at our sole discretion, to amend this Agreement or change the services provided to you pursuant to this Agreement at any time. Unless an immediate modification or change is necessary to ensure the security of the services or your accounts with us, we will send you notice to the mailing address or e-mail address for you reflected in our records at least twenty-one (21) days before the effective date of any modification or change if required by law.
Except as otherwise provided herein, you are solely responsible for the results of your use of the Services. In consideration of being allowed access to the Services you agree to indemnity and hold us harmless for any losses or damages resulting from the use of the Services, to the extent allowed by applicable law.
You can contact us by one of the following methods:
- By initiating an e-mail through the System
- By calling 402-752-3235, 8:00 a.m. to 4:30 p.m. Monday through Friday (CST)
- By writing a letter and sending it to us at the following address:
Adams County Bank
Attention: Online Banking
P.O. Box 149
Kenesaw NE 68956
ELECTRONIC FUND TRANSFERS
YOUR RIGHTS AND RESPONSIBILITIES – FOR CONSUMERS ONLY
Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
Types of Transfers, Frequency and Dollar Limitations
- Direct Deposits and Preauthorized Withdrawals:
- Pre-authorized Credits: You may make arrangements for certain deposits to be accepted into your checking, savings or money market account(s).
- Pre-authorized Withdrawals: You may make arrangements to pay certain recurring bills from your checking, savings or money market accounts.
- ATM Transfers: You may access your accounts(s) by ATM using your ATM card or VISA Debit Card along with your personal identification number (PIN) to:
- Make deposits to checking or savings account(s).
- Make cash withdrawals from check or savings account(s). You may withdraw no more than $260.00 per day.
- Transfer funds between checking and savings account(s).
- Get information about the account balance of your checking or savings account(s).
- There is a charge of $1.00 for each withdrawal, transfer or inquiry made at ATM’s we do not own or operate (ATM Foreign Use fee).
- If you use an ATM that is not operated by us, you may be charged a fee by the ATM operator and/or by the automated transfer network. You may be charged a fee for a balance inquiry even if you do not complete an electronic funds transfer.
Some of these services may not be available at all terminals.
- Point-Of-Sale-Transactions: Using your VISA Debit Card.
- You may access your checking account to purchase goods (in person, by phone, or by computer) pay for services in person, by phone, or by computer), get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything you can do with a credit card that a participating merchant will accept with a credit card.
- The amount you may transact per day using your Card may not exceed $1,000.00 ($260.00 student cards) or up to your available balance.
- Electronic Checks:
- You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using the information from your check to pay for purchases or pay bills.
- You may access your account(s) to purchase goods, pay for services, or get cash where a check (whether blank, partially completed or fully completed and signed) is presented at a Point-Of-Sale terminal or is mailed to a merchant or other payee or lockbox and later converted to an Electronic Funds Transfer.
- Electronic check transactions are allowed to post to your checking account(s).
- Electronic Funds Transfers Initiated by Third Parties:
- You may authorize a third-party to initiate electronic fund transfers between your account and the third-party’s account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third-party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic funds transfer or to electronically pay a returned check charge can occur when a merchant provides you with a notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third-party transfers will require you to provide the third-party with your account number and financial institution information. This information can be found on your check as well as on a deposit or withdrawal slip. You should only provide you financial institution and account information (whether over the phone, the internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers.
- Internet/Online & Mobile Banking Services:
- You may access your account(s) by computer at www.adamscountybank.net and using your User ID, Password, and Multi-Factor Authentication response to:
- Get balance information and/or transaction history on your checking, savings, money market, certificates of deposit and loans.
- Transfer funds between checking and savings accounts.
- Male payments from checking and savings account(s) to loan account(s) with us.
- Pay Bills.
Card: This refers to ATM Card, VISA Check Card, or any other card issued by the Adams County Bank.
Electronic Device: This refers to automatic teller machines, point-of-sale machine, internet banking, mobile banking or any other electronic access devise.
Limitations on Frequency of Transfers: In addition to those limitations on transfers elsewhere described, if any, transfers from a Savings or Money Market account to another account or to third parties by check, debit card, draft, pre-authorized, automatic, telephone transfer or similar order are limited to six per month.
NOTICE REGARDING ATM FEES BY OTHERS
When you use an ATM not owned by us, you may be charged a fee by the ATM operator and/or by the automated transfer network and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer.
CHARGES FOR ELECTRONIC FUND TRANSFERS
E – Checking Accounts: An activity fee of $0.10 will be charged for each debit transaction (withdrawal, check paid, automatic transfer, or payment out of this account) in excess of 30 during the statement cycle. This fee will apply if you do not maintain an average daily balance of $500.00 for the statement cycle.
Super NOW Accounts: An activity fee of $0.10 will be charged for each debit transaction (withdrawal, check paid, automatic transfer, or payment out of this account) in excess of 30 during the statement cycle. This fee will apply if you do not maintain an average daily balance of $2,000.00 for the statement cycle.
Personal Checking Accounts: An activity fee of $0.10 will be charged for each debit transaction (withdrawal, check paid, automatic transfer, or payment out of this account) in excess of 30 during the statement cycle. This fee will apply if you do not maintain an average daily balance of $1,000.00 for the statement cycle.
Passbook Savings Accounts: An activity fee $0.50 will be charged for each withdrawal in excess of six during a quarter.
We do not charge for direct deposits to any type of account.
RIGHT TO DOCUMENTATION
Terminal Transfers: You can get a receipt at the time you make any transfer to or from your account using one of our automated teller machines or point of sale terminals.
Direct Deposits: If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at the phone numbers listed below to find out whether or not the deposit has been made. If the only possible transfers to or from your account are direct deposits, you will get a quarterly statement from us.
Periodic statements. You will get a monthly account statement for all checking accounts. You will get a monthly statement for your savings accounts unless there are no electronic transfers in a particular month. In any case you will get the statement at least quarterly.
Preauthorized Credits. If you have arranged to have direct deposit made to your account from the same person or company, you may call us at (402) 752-3235 to find out whether or not the deposit has been made.
STOP PAYMENT PROCEDURES AND NOTICE OF VARYING AMOUNTS
Right to Stop Payment and Procedures for Doing So: If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here’s how: Call us or write us at one of the telephone numbers or addresses listed in this disclosure in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We will charge you $15.00 for each stop-payment order you give.
Notice of varying amounts: If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
Liability for failure to Stop Payment of Pre-authorized Transfer: If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
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 automated teller machine where you are making the transfer does not have enough cash.
- If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
- There may be other exceptions stated in our agreement with you.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
We will disclose information to third parties about your account or the transfers you make:
- Where it is necessary for completing transfers;
- In order to verify the existence and condition of your account for a third-party, such as a credit bureau or merchant;
- In order to comply with government agency or court orders; or
- If you give us your written permission.
Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer 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. If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code 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 and/or code, and we can prove we could have stopped someone from using your card and/or code 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, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Contact in the event of unauthorized transfer: If you believe your card and/or code has been lost or stolen call or write us at the telephone numbers or addresses listed in this brochure.
You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.
Special Rules for VISA – Point of Sale Transactions:
The liability limits described above are amended as follows for all Point-of-Sale transactions:
- Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen VISA Check Card. This additional limit on liability does not apply to ATM transactions, to transactions using your Personal Identification Number (PIN) which are not processed by VISA, or to commercial Cards.
- If you report a lost or stolen VISA Check Card we will investigate promptly and we will tell you the
results of our investigation within five (5) business days. If we need more time, however, we may take
up to ninety (90) days to investigate your complaint or question. If we decide to do this, we will recredit
your account within five (5) business days for the amount you think is in error, so that you will have the
use of the money during the time it takes us to complete our investigation.
In case of errors or questions about your electronic transfers, call or write us at the telephone numbers or addresses listed below, as soon as you can, if you think your statement or receipt 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 60 days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error on 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 orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will tell you the results of our investigation 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 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 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.
ADAMS COUNTY BANK ADAMS COUNTY BANK
401 N Smith Avenue 1307 N Brass Avenue
PO Box 149 PO Box 187
Kenesaw NE 68956-0149 Juniata Ne 68955-0187
Phone: (402) 752-3235 Phone: (402) 751-2120
For purposes of these disclosures, our business days are:
Monday through Friday, excluding federal holidays
Mobile Deposit User Terms & Conditions
The Mobile Deposit User Agreement (“Agreement”) contains the terms and conditions for use of Adams County Bank’s Mobile Deposit Check Deposit Services that Adams County Bank (“Bank”, “us” or “we”) may provide to you (“you” or “user”). Other agreement(s) you have entered into with us, including the Online Banking Agreement and Disclosure, as applicable to your Adams Count Bank account(s), are incorporated by reference and made a part of this Agreement.
The Mobile Remote Deposit Capture Services (“Services”) are designed to allow you to make deposits to your checking, savings or money market accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to the Bank’s designated processor.
Acceptance of Terms
Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail, text message, or on our website by providing a link to the revised Agreement or by on online secure message. You will be prompted to accept or reject any material change to this Agreement the next time you use the Service after we have made the change. Your acceptance of the revised terms and conditions along with the continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, we reserve the right, in our sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
To enroll in this Service, you will need to be a designated owner of an account with Adams County Bank that is eligible for this Service and be approved by the Bank.
Limitations of Service
When using the Services, you may experience technical or other difficulties. We will attempt to post alerts on our website to notify you of these interruptions of Service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend, or discontinue the Services, in whole or in part, of your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
Software and Hardware
In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by Adams County Bank from time to time. We are not responsible for any third-party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at the time of download and installation.
Fees for Services shall be payable in accordance with the Schedule of Fees as established and amended by the Bank from time to time. Charges shall be automatically deducted from your account. Notice of any fees or charges shall be provided to you monthly on your statement. You are responsible for any wireless service provider charges(s) and any fees and charges that you may incur by accessing and using the Services.
You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg CC”). When the image of the check transmitted to us is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
- Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into
- Checks containing an alteration on the front or back of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn
- Checks payable jointly, unless deposited into an account on the name of all payees
- Check previously converted to a substitute check, as defined in Reg CC
- Checks drawn on a financial institution located outside of the United States
- Checks that are remotely created checks, as defined in Reg CC
- Checks not payable in United States currency
- Checks dated more than 6 months prior to the date of deposit
- Checks or items prohibited by the Bank’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your Adams County Bank account
- Checks payable on sight or payable through Drafts, as defined in Reg CC
- Checks with any endorsement on the back other than that specified in this agreement
- Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution
- U.S. Savings Bonds issued by the U.S. Treasury Department
- Checks that exceed your Service deposit limit
Endorsements and Procedures
You agree to restrictively endorse any item transmitted through the Services as instructed by the Bank. You agree to follow any and all other procedures and instructions for use of the Services as we may establish from time to time.
Receipt of Items
We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from us that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time; any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, cost, or fees you may incur as a result of our chargeback of an ineligible item.
Business Day and Availability of Funds
You understand and agree that for purposes of deposits made using the Service the place of deposit is Adams County Bank, Kenesaw, Nebraska.
- In general, if an image you transmit through the Service is received and accepted before 2:00 pm CST on a business day that we are open, we consider that day to be the day of your deposit. Deposits made after 2:00 CST or on a day that we are not open will be processed the next business day we are open. Our business days are Monday through Friday, except bank holidays.
- Funds deposited through the Service may not be immediately available to you. Funds deposited using the Service will generally be made available in three business days from the date of the deposit. We may make such funds available sooner based on such factors as length and extent of your relationship, transaction and experience information, and such factors as the Bank, in its sole discretion, deems relevant.
- Check holds or unavailability of the Service may cause further delays in availability of funds. Checks deposited via the Service do not fall under the regulatory provisions of Regulation CC- Expedited Funds Availability Act. As such, longer hold periods may apply to these deposited items.
Disposal of Transmitted Items
Upon your receipt of a confirmation from Adams County Bank that we have received an image that you have transmitted, you agree to retain the check for at least 30 calendar days from the date of the image transmission. After 30 days, you agree to destroy the check that you transmitted as an image, mark it “Electronically Presented” or “Void”, or otherwise render it incapable of further transmission, deposit or presentment. During the time the retained check is available, you agree to promptly provide it to us upon request.
We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. The current daily dollar limit is $5,000.00 per business day. The current daily check item count is 3 per business day. We reserve the right to set lower or higher deposit limits at our sole discretion for each User on a case-by-case basis.
The manner in which the items are cleared, presented for payment, and collected shall be our sole discretion subject to the Terms and Conditions governing your account.
You agree to notify Adams County Bank at 402-752-3235 or write us at Adams County Bank, PO Box 149, Kenesaw NE 68956 for any suspected errors regarding items deposited through the Service right away, and in no event later than 60 days after the applicable bank account statement is sent. Unless you notify us within 60 days, such statement regarding all deposits and through the Service shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.
Errors in Transmission
By using the Service, you accept the risk that an item may be intercepted or misdirected during transmission. We bear no liability to you or others for any such intercepted or misdirected items of information disclosed through such errors.
The image of an item transmitted to us using the Service must be eligible, as determined in the sole discretion of Adams County Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by us, ECCHO, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
User Warranties and Indemnification
You warrant to Adams County Bank that:
- You will only transmit eligible items.
- You will not transmit any duplicate items.
- You will not re-deposit or re-present the original item.
- All information you provide to us is accurate and true.
- You will comply with this Agreement and all applicable rules, laws and regulations.
- You are not aware of any factor which may impair the collectability of the item.
You agree to indemnify and hold harmless the Bank from any loss for breach of this warrant provision.
Cooperation with Investigations
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.
We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any terms of this Agreement, if you use the Service for any unauthorized or illegal purposes or you use the Service in a manner inconsistent with the Terms and Conditions or any such other agreement with us.
We may waive enforcement of any provision of this Agreement. No waiver if a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
Ownership & License
You agree that the bank retains all ownership and proprietary rights in the Service, associated contact, technology, and website(s). Your use of the Service is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Service. Without limiting the restriction of the foregoing, you may not use the Service (i) in any purpose which would be contrary to the Bank’s business interest, or (ii) to the Bank’s actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service.
Disclaimer of Warranties
You agree your use of the Service and all information and content (including that of third-parties) is at your risk and is provided on an “as is” and “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, fitness for a particular purpose and non-infringement. We make no warranty that the Service (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error-free, (iii) the result that may be obtained from the Service will be accurate or reliable, and (iv) any errors in the Service or technology will be corrected.
Limitation of Liability
You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss or profits, goodwill, use, data or other losses resulting from the use or the inability to use the Service incurred by you or any third-party arising from or related to the use of, inability to use, or the termination of the use of this Service, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if we have been informed of the possibility thereof.