Internet Banking Disclaimer
Please read the entire Agreement carefully before enrolling in the Service or initiating any transactions.
Table of Contents
1. Scope of this Agreement
2. Accepting the Agreement
3. Definitions
4. Basic Internet Banking Services
5. Other Basic Internet Banking Features
7. Fees
8. Requirements for Enrolling in the Service
9. Enrollment Process
10. Signature Requirements
11. Account Balances
12. Canceling or Changing Transfers
13. Bill Payment and Transfer Limitations
14. Bill Payment Terms and Conditions
15. Other Provisions for Bill Pay
16. Bill Delivery and Presentment
17. Privacy
18. Internet Security
19. Your Passcode Responsibilities
20. Provisions Applicable Only to Consumer and Sole Proprietors Deposit Accounts
21. Additional Provisions Applicable Only To Business Customers
22. Alterations and Amendments
23. Electronic Disclosures
24. Address, E-mail, or Payment Account Changes
25. Service Termination, Cancellation, or Suspension
26. Assignment
27. No Waiver
28. Captions
29. Disputes
30. Ownership of Material
31. Governing Law and Relation to Other Agreements
32. Exclusions of Warranties and Limitation of Damages
1. Scope of this Agreement
This Agreement between you and The Bank of Magnolia Company governs your use of our Internet banking and bill pay services (the “Service”). The Service permits our Customers to perform a number of banking functions on accounts linked to the Service through the use of a personal computer and the Internet.
2. Accepting the Agreement
After you have carefully read this Agreement in its entirety and the linked Privacy Notice, you will be asked to accept the terms and conditions of this Agreement.
You should print and/or save a copy of this Agreement for your records. To print, select the print button below or select the print function on your browser. To save a copy of this Agreement on your computer, select “File” and then “Save As” on your browser.
If you need help printing or saving this document, or if you have any questions about this Agreement, please contact our Bookkeeping Department. Our contact information is listed at the top of this Agreement. You can obtain a paper copy of this Agreement at any time. Updates to this Agreement will be sent electronically as further described within this Agreement.
When you click on the “accept” button below, you agree to the terms and conditions of this Agreement. By accepting, you also certify that you are able and willing to accept the electronic version of this document.
If you do not agree to the terms of this Agreement and/or do not accept the electronic version of this document, select the cancel button.
3. Definitions
Agreement – means these terms and conditions of the Internet Banking and Bill Payment services. As used within this Agreement, “you” and “your” refer to the person enrolling in the Service, as well as any authorized users of the Service that such person allows, subject to the parameters of multiple user access as set forth within the application.
Service – means the Internet Banking and bill payment services offered by The Bank of Magnolia Co. through its Service Providers. As used in this Agreement, “we”, “us” and “our” refer to this financial institution and/or its Service Providers, as the case may be.
Service Provider – includes any agent, licensor, independent contractor or subcontractor that this financial institution may involve in the provision of Internet Banking or Bill Pay services.
Billing Account – is the checking account from which all Service fees will be automatically debited.
Payment Account – is the checking account from which bill payments will be debited.
Business Day – is every Monday through Friday, excluding Federal Reserve holidays.
Business Customer – Refers to anyone other than a consumer who owns an Eligible account with respect to which the Service is requested primarily for business purposes.
Business Day Cutoff – Refers to the cut-off time for posting purposes. The cut-off time for online account transfers is based upon our Business Days and the Eastern Standard Time Zone. For posting purposes, we will process all transfers completed by 3:00 p.m. on the same Business Day. Transfers completed after 3:00 p.m. will be processed on the following Business Day. Bill pay cut-off and scheduling times differ and are further detailed in this Agreement.
Consumer – Refers to a natural person who owns an Eligible Account at this Financial Institution and who uses the Service primarily for personal, family, or household purposes.
Due Date – is the date reflected on your Payee statement for which the bill payment is due. It is not the late date or grace period.
Eligible Accounts – You must have an existing account relationship with this Institution to enable the Service. An Eligible Account means any one of your account(s) to which we may allow access through the Service under this Agreement. Only a checking account may be eligible for bill pay privileges. We may make additional accounts available for bill pay from time to time as allowed by law or our bill pay Service Provider.
Eligible Consumer accounts must be titled in your name either individually or jointly. Eligible Business Customer accounts must be titled in your company’s and/or its affiliate’s name(s).
Authorized users with bill payment and transfer privileges must have withdrawal or signature authority over the relevant Eligible Account. When using the Service, you agree to maintain one or more Eligible Accounts with us and to keep sufficient balances in any such account to cover any transaction and fees that are ultimately approved by or related to the Service.
Joint Accounts – If the accounts added to the Service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your Access ID and Passcode are authorized unless we have been notified to cancel the Service. If joint account holders use individual Access IDs, the Service may be identified as two separate Services and you may be charged for the use of two (2) Access IDs.
In some cases, if your account(s) require two signatures for withdrawal, we may only grant view privileges to your Eligible Accounts through the Service
Laser Draft Payment – is a payment method similar to a check written by you on your Payment Account. Payees should receive Laser Draft Payments no later than the Scheduled Payment Date. Funds will be debited from your Payment Account by this financial institution after the Payee receives and processes the Laser Draft Payment. As a result, the Service cannot control when your Payment Account will be debited for a Laser Draft Payment.
Payee – is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills.
Payment Instruction – is the information provided by you to the Service for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).
Scheduled Payment – is a bill payment that has been scheduled through the Service but has not begun processing.
Scheduled Payment Date – is the day you want your Payee to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
4. Basic Internet Banking Services
The Basic Internet Banking Service currently offers the following features:
· Up to 2 months of complete Internet transactional detail and history
· Real-Time Account Inquiries for balances, rates, etc.
· Up to 2 Months of Account Statements
· Real-Time transfers between your accounts at this financial institution
· Secure e-mails via the Service’s messaging system
· Secure File Transfers
· View loan balances
· Payments to loans at this financial institution
· Link to Online check reorders
· Stop payments on checks that you have written
Bill pay is an optional service, which you can request in the enrollment process. You can also add bill pay services at a later time by contacting our Bookkeeping Department. Bill pay customers also have access to electronic bill presentment.
We may add or remove certain features and/or functionality available from time to time.
You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control.
5. Other Basic Internet Banking Features
(A) Stop Payment Feature
The stop payment feature within the Service is only for stopping payments on checks that you have written or for stopping pre-authorized electronic drafts that are deducted from your account. This feature is accessible in the “User Services” menu of the Internet banking Service and provides a means to securely forward your stop payment requests to us via e-mail for processing.
Stop payment requests received through the secure e-mail feature will generally be processed within one (1) to two (2) Business Days. Therefore, if your request is urgent, we recommend that you contact our Data Processing Department directly via telephone or in person.
The stop payment feature within the Service should not be used to cancel transfers and bill payments.
There is typically a stop payment fee associated with this feature. Please refer to the current fee schedule for the current fee. Additional terms of acceptance or disclosures may apply on the stop payment service and these disclosures will be made at the time you complete the request.
(B) Check Reorders, Address Change, Order Documents, Secure E-Mail & Secure File Delivery Services
Additional features within the Service include: check reorders, secure emails for address changes, document requests, and secure file delivery. The submission of requests, such as those for address changes, document requests, or check reorders, will generate a secure email to this financial institution. Generally, requests received through the secure mail feature of the Service will be processed within one (1) to two (2) Business Days. For urgent requests, we recommend that you contact our Internet Banking Customer Service Department.
We also offer a direct link for check reorders. This link will securely submit your reorder request directly to the check printer. In addition, in the User’s Services menu, you can request bill payment services and the addition/ removal of linked accounts.
The secure file transfer feature within the Service provides a means for you to forward files to this institution in a secure manner. There may be additional fees associated with some of these services, such as when you reorder checks through the Service. Fees will be disclosed in our fee schedule and/or at the time of your request.
(C) Linked Accounts
When you first enroll for the Basic Internet Banking Service we will link all accounts associated with your social security number. If you want to limit the accounts linked or the privileges assigned to an account, please contact us at 330-866-9392.
Sole proprietors and Businesses may link personal Consumer accounts to the Service .
7. Fees
Basic Internet Banking Service: (view balances and account transfers) – $1.00 per month if your daily balance falls below $500.00 any day during that statement period, unless otherwise specified within current Product Package
Bill Pay Fees: Bill Pay for consumer accounts has a monthly flat fee of $6.95 per month, which includes unlimited transations, unless otherwise specified within current Product Package.
In addition, if you fail to use the Internet banking service at least once per month, there will be a $1.00 monthly penalty assessed, unless otherwise specified within current Product Package.
Bill Payment privileges are subject to additional terms and conditions, which are detailed below within this Agreement.
Any applicable bill pay fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply.
You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
8. Requirements for Enrolling in the Service
In order to enroll in the Service:
· You must have an Eligible Account with this Financial Institution.
· You must be a legal owner of any Payment Account registered for the Service.
· Your account with us must be in good standing.
· You must be 18 years of age or older.
· You must be a resident of the United States or its possessions.
· You must have a computer and Internet browser that will support 128 bit encryption. We support the most current versions of Internet Explorer and Netscape browsers.
· You will need Internet access through an Internet service provider.
· You will need access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures.
· You will also need an external email address for the delivery of electronic notices and disclosures.
Prior to enrolling in the Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the Service and to retain a copy of this Agreement.
If we revise hardware and software requirements, and if there’s a material chance that the changes may impact your ability to access the Service, we will notify you of these changes 30 days in advance and provide you an opportunity to cancel the Service and/or change your method of receiving disclosures (e.g. change to paper format vs. an electronic format) without the imposition of any fees.
9. Enrollment Process
You must complete the enrollment process to use the Service. You can enroll for the Service on the Internet or you can enroll in any of our offices. You can also print the enrollment form accessible on our website and mail it to us at the address listed at the beginning of this Agreement.
The Internet enrollment process involves completing a secure online application that we will use to verify your identity. You will also choose your Access ID and Passcode during the enrollment process.
When you enroll for the Service, you agree to provide true and accurate enrollment information. Our Bookkeeping department will verify the information you submit for accuracy and proper authorizations. In about one week, you will receive a package in the mail with additional information regarding your account activation and our Service. You may begin using the Service only after receipt of this information in the mail.
Business Customers interested in the commercial features of the Service should contact us directly at 330-866-9392 or send us a secure message through the Service.
10. Signature Requirements
When any transfer or Payment Instruction is initiated through the Service, you agree that we may debit the designated accounts without requiring your signature on the item and without any notice to you. Requirements for dual signatures on checks, if applicable, do NOT apply to payments or other transfers initiated through the Service. Any authorized user must be authorized individually to make electronic transfer and payments even though that person’s authority to make transfers by other means may still require dual signatures.
11. Account Balances
Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in the Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. A transfer request must be made before the Business Day Cut-off time to be effective the same Business Day.
The balances within the Service are updated periodically and the system will display the most current “as of” date on the “accounts” summary page. There may be situations that cause a delay in an update of your balances. The Service will use the most current balance available at the time of a transaction to base our approval for account transfers.
12. Canceling or Changing Transfers
You cannot cancel a transfer after it has been entered into the system AND the information has been processed and/or transmitted to us via the Service; however, you can edit or change a transfer that is still “pending”, meaning that it has not been processed.
In order to cancel or change a pending transfer that has not been submitted for processing, use the following procedures:
1. Log in and make edits to pending transfers.
2. Edits must be made before 3:00 p.m. for transfers to be processed the same Business Day
3. You may edit a pre-scheduled (future dated/recurring) transfer anytime before 3:00 p.m. on the Business Day before the scheduled transfer date.
4. You can change the transfer amount to $0.00, or if
5. If you accidentally transfer funds, you can schedule another transfer to move funds to back to the original account.
For assistance, you can send us a secure e-mail through the Service or call our Bookkeeping Department.
If you need our assistance on making edits to recurring/future dated transfers; you can send us a secure email through the Service; however, we must receive your request three (3) Business Days or more before the transaction is scheduled for processing. If you call, we may also require you to put your request in writing and get it to us within 14 days after the call.
13. Bill Payment and Transfer Limitations
You may use the Service to check the balance of your Eligible Account (s) and to transfer funds among your Eligible Accounts at this financial institution. You must have sufficient funds in your account to cover the amount of any online transfers and bill payments on the scheduled payment date set for the transaction, or the transaction may not be processed. NSF and/or overdraft charges may be incurred if bill payments exceed your account balance.
Current federal regulations restrict the number of transactions that you can make from certain types of accounts, such as Money Market and Savings Accounts. For these types of accounts, you may not make more than six (6) pre-authorized electronic transfers, which include computed initiated transfers, telephone transfers, checks, and point-of-sale transactions during a given monthly statement period. Transfers and bill payments authorized by personal computer through the Service are counted toward the six permitted monthly transfers. Bill payments are considered third party transfers and are limited to three (3) transactions. Federal regulations currently place no limits on the number of transfers or bill payments from your Checking, therefore this financial institution currently limits the bill pay Service to only Checking Accounts.
14. Bill Payment Terms and Conditions
(A) Payment Scheduling
Bill payments should be scheduled by 11:59 am (noon) Central Time, at least four (4) Business Days before the Due Date. Transactions begin processing four (4) Business Days prior to your Scheduled Payment Date. Therefore, the application will not permit you to select a Scheduled Payment Date less than four (4) Business Days from the current date. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates should be prior to any late date or grace period.
(B) The Bill Pay Service Guarantee
Due to circumstances beyond the control of the Service, particularly delays in handling and posting bill payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Service will bear the responsibility for any late payment related charges up to $50.00 should a bill payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Payment Scheduling” in this Agreement
(C) Payment Authorization and Payment Remittance
You represent and warrant that you are an authorized user acting with full authority for the applying entity, and that you are duly authorized to execute this Agreement on behalf of the applying entity. By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, bill pay Service Provider may edit or alter payment data or data formats in accordance with Payee directives.
When the Service receives a Payment Instruction, you authorize our bill pay Service Provider to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize our bill pay Service Provider to credit your Payment Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service.
(D) Payment Methods
The Service reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a Laser Draft Payment.
(E) Payment Cancellation Requests
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted, as described below.
(F) Bill Pay Stop Payment Requests
The Service’s ability to process a stop payment on a bill pay request will depend on the payment method and whether or not a check or Laser Draft Payment has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any bill payment that has already been processed, you must contact the bank at 330-866-9392.
Although we will make every effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your stop payment request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set forth in our applicable fee schedule.
In using the Service, you understand that Payees and/or the United States Postal Service may return payments to our Service Provider for various reasons such as, but not limited to, Payee’s forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. Our Service Provider will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Account. You may receive notification from the Service.
15. Other Provisions for Bill Pay
(A) Bill Pay Information Authorization
Requests for bill pay privileges may not be fulfilled if this Financial Institution and/or its Service Provider(s) cannot verify your identity and withdrawal authority over the specified accounts. Through your enrollment in the bill pay Service; you agree that this financial institution and its Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that this Financial Institution and its Service Providers reserve the right to obtain financial information regarding your account from a Payee or your financial institution (for example, to resolve payment posting problems or for verification).
(B) Prohibited Payments
Payments to Payees outside of the United States or its territories are prohibited through the Service.
(C) Exception Payments
Tax payments and court ordered payments may be scheduled through the Service; however, such payments are discouraged and must be scheduled at your own risk. In no event shall this Financial Institution or its Service Provider(s) be liable for any claims or damages resulting from your scheduling of these types of payments. The Bill Pay Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. Research of exception payments shall be limited to proof of payment and/or unauthorized payments only. All other research and resolution for any misapplied, mis-posted or misdirected exception payments will be your sole responsibility.
(D) Payee Limitation
We reserve the right to refuse to pay any Payee to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
(E) Failed Transactions
In using the Service, you are requesting us to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:
1. You will reimburse our Service Provider immediately upon demand the transaction amount that has been returned;
2. For any amount not reimbursed to the Service Provider within fifteen (15) days of the initial notification, a late charge may be assessed each month against unpaid amounts equal to 1.5% or the legal maximum, whichever rate is lower;
3. You will reimburse our Service Provider for any fees, it may incur in attempting to collect the amount of the return from you; and
4. Our Service Provider is authorized to report the facts concerning the return to any credit- reporting agency.
16. Bill Delivery and Presentment
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate one of the Bill Pay Service’s electronic bill options, you also agree to the following:
(A) Information Provided to the Payee
We are unable to update or change your personal or business information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee. Any changes will need to be made by you; contact the Payee directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Payee sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s or company’s bill.
Upon activation of the electronic bill feature, our Service Provider may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.
The Service will use commercially reasonable efforts to present all of your electronic bills promptly. In addition to notification within the Service, our Service Provider may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills.
(D) Cancellation of Electronic Bill Notification
The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may also cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. Our Service Provider will notify your electronic Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
(E) Non-Delivery of Electronic Bill(s)
You agree to hold harmless the Service, this Financial Institution and its Service Providers should the Payee fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly.
(F) Accuracy and Dispute of Electronic Bill
Neither this Financial Institution, nor its Service Providers are responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information received from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Payees.
17. Privacy
We understand how important privacy is to our customers. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our privacy notice before completing the enrollment process for the Service. PRIVACY NOTICE
(A) Disclosure of Account Information to Third Parties
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
· Where it is necessary for completing transactions;
· Where it is necessary for activating additional services;
· In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
· To consulting firms, in an aggregate non-personally identifiable format, for research and product improvement purposes only
· In order to comply with a governmental agency or court orders; or
· If you give us your written permission.
Please refer to our PRIVACY NOTICE for additional detail on disclosure of account information.
18. Internet Security
The Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. Prior to activating your access to the Service, our Bookkeeping department will verify your identity and authorization against information associated with the Eligible Account (s) that you request to be linked to the Service.
Access IDs and Passcodes – One of the main security features protecting the Service is the unique combination of your Access Identification Code (Access ID) and Passcode. During the enrollment process, you will be asked to select a unique Access ID, and then choose a Passcode that will be used to gain access to the Service. You determine your own Passcode, which is encrypted in our database. Neither this Institution nor its Service Providers have access to this information. The Service will automatically deactivate your account after three unsuccessful login attempts within a 24-hour time frame. You must contact this Institution for assistance in resetting your passcode.
Because your Passcode is used to access your accounts, you should treat it as you would any other sensitive personal data.
· You should carefully select a Passcode that is hard to guess.
· You should not use words based on your name, address or other personal information.
· Special characters may be used to increase security.
· Do NOT use dictionary words. The “Help” link within the Service will offer tips on choosing a secure Passcode that you can remember.
· Keep your Passcode safe.
· Memorize your Passcode and do NOT write it down.
· You should also change your Passcode occasionally, such as every 90 days.
· Passcodes should not be shared among authorized users.
· A Passcode should be changed immediately if you suspect that your Passcode has been compromised.
Neither this Institution nor its Service Providers will contact you via telephone or email requesting personal information, your Access ID, or your Passcode. If you are contacted by anyone requesting this information, please contact us immediately.
Encryption – The Service uses the Secure Socket Layer (SSL) encryption technology for everything you do while using Internet banking. Your browser automatically activates this technology when it attempts to connect to our Service. The Service requires a browser that supports 128-bit encryption. The Service will warn you if your browser does not meet this requirement.
Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from “open” to “locked”. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.
Certificate Authority – The servers hosting the Service have been certified by a Certificate Authority to assure you that you are actually talking to the Service instead of someone pretending to be us. If you are using an older browser, such as anything prior to versions 4.0 on Netscape Navigator or Internet Explorer, you will see that the Certificate Authorities key may have expired; you will need to update your browser. Instructions for upgrading your browser are located on the Browser SSL Update link, which is located on the Service login page. By clicking on the lock within the Service, you can view the certificate to ensure it’s valid.
Cookies – During your use of the Service, our Internet banking Service Provider will pass an encrypted cookie to your computer in order to identify your computer during the session. This cookie enables us to process multiple transactions during the session without having to provide an Access ID and Passcode for each individual transaction. Users must accept this cookie to use the Service. This cookie does not contain any personal information; it simply provides another level of security for our Internet banking product. The cookie is stored on your computer’s hard-drive, identifying your computer while you are logged on. When you log off, close your browser, or turn off your machine, the cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your account.
Additional Security Guidelines:
· All authorized users should sign-off after every Service session; however, online sessions will automatically end after ten (10) minutes of inactivity. This to protect you in case you accidentally leave your computer unattended after you log-in.
· The security of public computers (e.g. in a library, or Internet café) cannot be assured; therefore we recommend that you refrain from accessing the Service on a public computer.
· Routinely scan your computer, servers, and electronic media using a reliable virus detection product. Undetected or un-repaired viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit a virus to other computers.
· Use a firewall product (hardware and/or software), especially if you have a broadband Internet connection such as DSL or cable modem.
· Periodically update your computer operating system and browser for critical security related patches. We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Service.
19. Your Passcode Responsibilities
When you accept the terms and conditions of this Agreement, you agree not to give or make available your passcode or other means to access your account to any unauthorized individuals. You are responsible for all transfers and bill payments you authorize using the Service. If you permit other persons to use the Service, your passcode, or other means to access your account, you are responsible for any transactions they authorize.
If you believe that your passcode or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by calling 330-866-9392 during customer service hours. You can also contact us by sending a secure message through the Service.
If you or your Authorized users disclose your Passcode to anyone, and/or if you allow someone to use your Passcode to access your accounts, you are authorizing them to act on your behalf and you will be responsible for any use of the Service by them (e.g., such as when you provide this information to a joint account holder, an employee, and/or an aggregation service provider).
In addition to the security features described above, there may be other security related notices posted on our website or the Service from time-to-time. It is your responsibility to read all security notices.
20. Provisions Applicable Only to Consumer and Sole Proprietors Deposit Accounts
(A) Errors and Questions
In case of errors or questions about your electronic transactions, you should notify us as soon as possible through one of the following methods:
· Telephone us at 330-866-9392 during customer service hours;
· Contact us by using the secure messaging feature within the Service;
· For bill payments,
· Write to us at 122 N. Main St.
PO Box 415
Magnolia, Ohio 44643
If you think your statement is incorrect or you need more information about an electronic transfer or bill pay transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
1. Tell us your name, Service account number(s), and Access ID;
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. 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. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your account.
For errors regarding electronic transactions on new consumer accounts, we may take up to 90 days to investigate your complaint or question. We may take up to 20 Business Days to credit a new account for the amount you think is in error.
If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
(B) Consumer Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Access ID or Passcode has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit if applicable).
If consumer customers tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00.
If your monthly account statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
(C). Our Liability for Failure to Complete Transactions
The Service will use commercially reasonable efforts to make all your transfers and payments properly. However, we shall incur no liability and any bill pay Service Guarantee shall be void if the Service is unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete thetransaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or bill payment;
6. It can be shown that the Payee received the bill payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Payee, which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.
21. Additional Provisions Applicable Only To Business Customers
(A) Protecting Your Account
You understand that you are responsible for controlling access to the Service and for assigning access privileges to authorized users. You may request individual Access IDs, passcodes, and privileges for each authorized user. Transaction history is maintained for each Access ID.
All authorized users should have signature authority to initiate bill payments or other transfer requests through the Service. Business customers must inform this Institution of changes in authorized users with such authority.
Additional fees maybe assessed for each Access ID.You authorize us to act upon and you agree to be bound by any transaction, whether or not authorized, initiated with an Access ID and Passcode of an authorized user and accepted by us without further verification or inquiry.
You agree that we may send notices and other communications, including emails, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that this financial institution and its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business.
You agree to:
1. Require all authorized users to keep passcodes secure and strictly confidential;
2. In the event that you must provide your passcode to any authorized user, instruct each person to whom you give your passcode that he or she must not disclose it to any unauthorized person;
3. Immediately notify us and select a new passcode if you or your authorized users believe your passcode(s) may have become known to an unauthorized person.
We may suspend or cancel your passcode(s) even without receiving such notice from you, if we suspect your passcode is being used in an unauthorized or fraudulent manner.
(B) Commercially Reasonable Security Procedures
When you accept this Agreement and use the Service, you acknowledge and agree that the Service includes security measures which are commercially reasonable. You agree to be bound by our security procedures and instructions, which may be periodically updated. You agree to review and implement all security procedures available in connection with the Service, including procedures to protect the confidentiality of your Access IDs and passcodes. You agree to notify this financial institution in the event that your use of the Service would necessitate or be better served by a level of security that exceeds that offered by the Service. If you fail to notify this financial institution, you acknowledge and agree that the security aspects of the Service are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use.
(C) Errors and Questions
In case of errors or questions about your transactions, you should as soon as possible notify us through one of the following methods:
1. Telephone us at 330-866-9392 during customer service hours;
2. Contact us by using the secure messaging feature within the Service; and/or,
3. Write us at: 122 N. Main St.
PO Box 415
Magnolia, Ohio 44643
(D) Your Liability for Unauthorized Transfers
You must notify us of errors, discrepancies, or possible unauthorized payments as soon as possible upon learning of the discrepancy. If you fail to notify us within sixty (60) days after you have received notice of an unauthorized or erroneous transfer or bill payment, this financial institution will not owe you any interest on the amount in question, even if we are otherwise liable to you in connection with the transaction.
This Financial Institution and its Service providers Shall have no liability to you for any unauthorized payment or transfer made using your passCODE that occurs before you have notified us of any possible unauthorized use and we have had a reasonable opportunity to act upon that notice.
If you fail to notify us of any discrepancy within one (1) year, you shall be precluded from asserting any such discrepancy against us.
(E) Limitation of Institution Liability
If this financial institution and/or its Service Providers fail or delay in making a payment pursuant to your Payment Instruction, or if we make a payment in an erroneous amount which is less than the amount per your Payment Instruction, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you canceled the Payment Instruction.
We may pay such interest either to you or the intended recipient of the payment, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment in an erroneous amount which exceeds the amount per your Payment Instruction, or if we permit an unauthorized payment 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 will be limited to a refund of the amount erroneously paid, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 three hundred sixty (360) day year. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THIS FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS 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.
22. Alterations and Amendments
This Agreement, applicable fees and service charges may be altered or amended from time-to-time. In such event, we will provide notice to you. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service’s more recent revisions and updates.
23. Electronic Disclosures
We may deliver amendments to this Agreement and other disclosures to you in an electronic format. Other disclosures may include: monthly account statements, deposit account disclosures, notices regarding changes in account terms and fees, and privacy notices. The equipment necessary for accessing these types of disclosures electronically is described within this Agreement in Section 8.
With your acceptance below, you agree to accept this agreement and other Internet Banking related disclosures in an electronic format. YOu also agree that you have the necessary equipment for accessing the Service and for viewing electronic disclosures.
You may change the method of delivery at any time (e.g., from electronic format to paper format) by contacting us at:
Email: bomsupport@bankofmagnolia.com
Phone: 330-866-9392
You can also “opt-out” of electronic only statements on the statements page within the Service.
In addition, you can request paper copies of documents through the Service free of charge. Additional fees for paper copies of account statements may be imposed depending on the type of account you have and/or the reason and frequency of your requests for paper copies.
You should print or save a copy of all disclosures delivered electronically.
If you enroll for the Service in one of our office locations, we will send you an e-mail and ask you to confirm your e-mail address and your acceptance of this Agreement by sending us a secure message through the Service.
24. Address, E-mail, or Payment Account Changes
When you enroll in the Service, we may send you a “Welcome” e-mail. We will also send you e-mails and/or secure messages through the Service regarding important Internet Banking and bill pay matters and/or changes to this Agreement. You must provide us your current e-mail address in order for us to deliver this information to you.
It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, and phone numbers and e-mail addresses. Changes can be made either within the Service in the User Services menu or by contacting our Data Processing Department at 330-866-9392.
Any changes in your Payment Account should also be made in accordance with the procedures outlined above.
We are not responsible for any bill payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
25. Service Termination, Cancellation, or Suspension
In the event you wish to cancel the Service, please contact our customer service department or send us a secure email through the Service.
Any bill payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. You will remain responsible for any fees associated with the Service prior to the effective cancellation date.
We may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Access to our Service may be canceled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if there has not been any Internet Banking or bill payment activity for a period of three (3) consecutive months, accessibility will automatically terminate.
After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of the Service, you must call our Data Processing Department.
26. Assignment
You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. . We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
27. No Waiver
This Financial Institution and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
28. Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
29. Disputes
In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what the employees, of this financial institution, and/or its Service Providers, say and the terms of this Agreement, the terms of this Agreement will prevail.
30. Ownership of Material
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by The Bank of Magnolia Co. and/or is Service Providers unless otherwise indicated. All registered and unregistered trademarks in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
31. Governing Law and Relation to Other Agreements
Accounts and services provided by this financial institution may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately.
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflicts of laws provisions; provided, however, that any dispute solely between you and our bill pay Service Provider shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions.
32. Exclusions of Warranties and Limitation of Damages
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Notwithstanding our efforts to ensure that the Service is secure, we cannot and do not warrant that all data transfers via the Service will be free from monitoring or access by others.
THE FOREGOING SHALL CONSTITUTE THE SERVICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
Proceed with Enrollment for the Service.
By clicking on the “I agree” button below you are acknowledging that you have read and agree to the terms and conditions of this Agreement and would like to proceed with online registration.
(If you do not agree, choose cancel below.)
If you click “cancel” you can still enroll at a later time by completing an application in one of our offices. You will still be asked to accept the Terms and Conditions of this Agreement.