The Tri-County Bank
The first time you access your accounts through the Internet Banking Service (the "Service"), you agree to be bound by the terms and conditions of this Internet Banking Agreement ("Agreement") and acknowledge its receipt and your understanding of its terms. This agreement supersedes all prior agreements relating to the Service except as expressly provided herein, and by continuing to use the Service's Web Site, you agree to be bound by this Agreement.
Benefits of Internet Banking.
1. General Information
a. Authorization. You are responsible for all transactions you or your authorized representative made using the Service. You authorize us to debit your designated account(s) for any transactions accomplished through the use of the Service (including the transfer of funds from another deposit account or demand deposit loan account that provides checking plus or overdraft protection, if you have one of those services in effect.) You agree that we may comply with transfer instructions entered by any one person using an authorized access identification ("Access ID") and customer password ("Password"), notwithstanding any provision that may be contained in other account documentation purporting to require more than one signature to withdraw funds from the account.
b. Access; Security. The Tri-County Bank is strongly committed to protecting the security and confidentiality of our customer account information. The Tri-County Bank uses several techniques to help secure our Service, including the following:
If you permit another person to use the Service or give them your Access ID or Password, you are responsible for transfers, payments or advances that person makes from the deposit and credit accounts linked to your Service registration even if that person exceeds your authorization.
Business Days/Hours of Operation. Our business hours are 9 a.m. to 4 p.m. Central Standard Time (CST), Monday through Friday, except bank holidays. The business hours at our Bassett office branch are 9 a.m. to 4 p.m. CST Monday, Tuesday, Thursday, and Friday. Wednesday business hours are 9 a.m. to 5:30 p.m. The Stuart office is also open for business on Saturday evening 7 p.m. – 8:30 p.m. Although payments and transfers can be completed only on business days, the Service is available 24 hours a day, seven days a week. At certain times, some or all of the Internet Banking or Online Financial Services may not be available due to system maintenance or reasons beyond The Tri-County Bank's control. The Tri-County Bank does not warrant that Internet Banking or Online Financial Services will be available at all times. When unavailable, you may use an automated teller machine ("ATM").
An Online Financial Service transaction initiated prior to 6:00 p.m. CST on a banking day is posted to your account the same day. All transfers, payments or advances completed after 6:00 p.m. CST, or on a non-banking day (includes Saturday evening), will be posted the following banking day.
c. Requirements. To access Online Financial Services you must have a Windows Internet Explorer 7.0, 8.0 and 9.0, Firefox 3, Safari 4, Opera 9 or any compatible web browser and 128 bit data encryption. In addition to compatible software, you must have an Access ID and Password.
d. Eligible Accounts. Any account that purports to require two or more signatures on any item drawn against the account is not eligible for Online Financial Services. If an account is established and added to the Online Banking Financial Services, you acknowledge that such provision is solely for your personal or internal control purposes. The provision(s) shall not be binding on us, unless we have entered into a separate agreement (other than the signature card or depository authority documentation).
e. Password. Your password will give you access to your Tri-County Bank accounts via Internet Banking. The Tri-County Bank is entitled to act on any instructions it receives using your password. For security purposes, it is recommended that you memorize your password and not write it down. We also recommend that you change your password regularly to try and avoid misappropriation by a third party. Your password can be changed at our Internet Banking site. Your password must be a minimum of eight (8) characters and a maximum of seventeen (17) characters which must consist of at least two (2) alpha characters and two (2) numeric characters. The letters are case sensitive. You will be required to change your password every six months, but are encouraged to change it more often to enhance security. Inputting an incorrect password three times will lock you out of the system for five minutes. An additional three incorrect password attempts will disable you completely and require us to reset your password. The "Forgot Your Password" option will assign you a random password, but must be used before the six incorrect password attempts are input. You are responsible for keeping your password and account data confidential. When you give someone your password, you are authorizing that person to use Internet Banking and the Online Financial Services. You are responsible for all transactions performed using your password, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your password will be charged against your account(s).
f. Inactivity. If you do not access your Online Financial Services within a 90 day period, your status becomes inactive and you will need to re-enroll in the service.
g. Fees and Charges. You must promptly pay any fees and charges for use of the Online Financial Services. If you close all Tri-County Bank accounts, you must notify The Tri-County Bank and cease all use of the Online Financial Services. After cancellation, The Tri-County Bank may reinstate some or all of the Online Financial Services, at its discretion, if you deposit sufficient funds in your account(s) to cover any accrued fees and pending transfers or debits. You are solely responsible for any telephone or internet service provider charges incurred when using the Online Financial Services.
h. Electronic Mail (E-Mail). Sending E-mail is an acceptable way to communicate with The Tri-County Bank regarding your accounts or the Online Financial Services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail to The Tri-County Bank. You cannot use e-mail to initiate Online Financial Service transactions. All such transactions must be initiated using the appropriate functions within the Internet Banking site. The Tri-County Bank will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
i. Check Orders. You may reorder (no "new" orders) personal and business checks from the secure Harland Clarke hyper link on the Tri-County Bank website. You only need your routing/transit number, account number, and next starting number. An order must have been placed within the last 24 months to have online reorder capabilities. Applicable fees are applied to the orders and deducted from your account number. Expedited delivery costs may be billed to you.
2. Online Financial Funds Transfer Service Particulars.
a. Types of Transfers; Posting. You can transfer funds between two Tri-County Bank accounts using the Service. All such transfers are effective when you complete the transaction online. Funds transfers involving Health
c. Availability. Funds must be available in the account from which you wish to transfer funds on the date you enter the transaction.
d. Restrictions on Transfers from Savings and Money Market Accounts. Under Federal Reserve Board Regulation D, you may make an unlimited number of deposits or transfers into a savings or money market account; however, you may make no more than six (6) transfers or withdrawals out of such an account per calendar month or per statement cycle of four weeks (not counting transactions made at ATMs or at bank offices). Transfers made by telephone, personal computer or funds automatically transferred from a savings or money market account to another deposit account for overdraft protection are counted toward the six (6) total permitted monthly transfers or withdrawals. If you exceed the restrictions during a six-month period or three consecutive months and do not respond to several violation notification letters, we will close the savings or money market account and transfer the funds to a checking account. On Regular Savings accounts, we charge a $.50 fee for each withdrawal or transfer in excess of three per month.
e. Insufficient Funds to Complete Transfer. If your account does not have sufficient funds to complete a scheduled transfer as of the date the transfer is arranged to be made, the Service will attempt the transfer three times before the transfer is dropped. If we do complete the transfer as an accommodation to you, you are responsible for any overdraft created.
f. Recurring Transfers. Recurring transfers are those made for the same amount and are made on a weekly, bi-monthly, monthly basis, etc. Once started, recurring transfers will be made automatically until you tell us to stop or cancel the transfer on-line and we have a reasonable opportunity to act.
g. Correcting or Canceling Your Transfer. You may cancel a future (scheduled) transfer up to 6 p.m. CST on the business date your transfer is scheduled to be made. You cannot cancel Express Transfers (those that are immediate), but you can use the Service to initiate a reversing entry after it has been entered (considered a new transaction).
h. Documentation and Verification of Transfers. The date and amount of transfers made through the Service will be shown on the Transaction History screen of the Site, and will also be shown on your printed statements for the accounts from which and to which the transfer is made.
i. Address and Telephone Number For Notification of Unauthorized Use. If you believe your Access ID or Password has become known by an unauthorized person, or that someone has transferred money without your permission, call The Tri-County Bank immediately at: (800) 422-5675 or (402) 924-3861, or write to:
The Tri-County Bank
If you suspect that an unauthorized transfer may have occurred, we may require you to sign an affidavit. Also contact us with any other questions or problems that you may have regarding the Service, including:
j. Disclosure of Account Information. We may disclose information to third parties about your account or the payments or transfers you make:
3. Proprietary Information.
Copyright in the images, text, screens, and web pages appearing at the Site is owned by The Tri-County Bank and Fiserv as indicated. The information and materials may not otherwise by copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these terms and conditions without our express written permission. You may not gain, or attempt to gain, access to any Internet Banking and/or Online Financial Service server, network or data not specifically permitted to you by The Tri-County Bank or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with The Tri-County Bank or its suppliers.
4. Bill Payment Service.
The Bill Payment service allows you to schedule bill payments through Internet Banking. The Tri-County Bank does not provide the service directly. Instead, The Tri-County Bank entered into an agreement with a bill payment provider to provide the bill payment services directly to you. Subject to any regulatory or Tri-County Bank-imposed limitations on usage, you can arrange, at your option, for the payment of your current, future and recurring bills from a checking account. There is no limit to the number of payments that may be authorized and you may pay any merchant or individual approved by the bill payment provider, however, the amount of any individual payment may not exceed $999,999.99. While payments are initiated by you electronically, they are ultimately paid via an automated clearinghouse (ACH) network or by a paper check. Payments delivered over an ACH network are governed by the rules and performance standards of that network.
By furnishing the names of your payees/merchants and their addresses, you authorize The Tri-County Bank and its bill payment provider to follow the payment instructions you provide for those payees/merchants. When payment instructions are received, funds will be remitted from the selected account, to the appropriate payee on your behalf on the day that you request ("Payment Date"). However, there is no obligation to make requested payments unless your account and/or overdraft protection plan has sufficient funds or credit availability to pay the bill as of the Payment Date. Funds for bill payments will be withdrawn from your account on the applicable Payment Date. A bill payment account ("Bill Payment Account"), separate from any account you hold at The Tri-County Bank is established at the Bill Payment provider. When the Bill Payment provider receives notification of any return item, such as NSF or Account Closed, a block is placed on the Bill Payment Account for a minimum of five (5) business days. This prevents you from initiating any additional payments through the Bill Payment Account or from having any recurring or future dated payments made until the original return item has been paid. To stop or change any scheduled payment, you must do so by no later than the normal cut-off time of 4:00 P.M. CST on the Payment Date. Payments must also be scheduled by this time in order for the payment to be initiated for that business day. The bill payment provider is obligated to pay any late fees incurred by you because of late payments so long as you allow ten (10) business days for payments by check and at least four (4) business days for electronic payments.
The Tri-County Bank and its Bill Payment provider reserve the right, at their discretion, to implement security features to reduce risk of loss. These may include requiring pre-authorized drafts, verifying funds through an ATM network, and separating debits from credits so that payments are not sent until after good funds are received. The Tri-County Bank and its Bill Payment provider also reserve the right to terminate your use of Bill Payment services at any time.
If, for any reason, you should ever wish to cancel Internet Banking, we strongly suggest that you cancel all future bill payments at the same time. This will ensure that future payments and transfers made by you will not be duplicated. We will automatically delete any outstanding payment orders (all individual payments and all recurring payments) once we have been notified that your Bill Payment service has been terminated. We will continue to maintain your accounts until you notify us otherwise.
The monthly Bill Payment fee covers service for the prior month and is effective upon your enrollment in the Bill Payment service. The monthly Bill Payment fee will be charged to your payment account at The Tri-County Bank regardless of whether or not any bill payments are made during the applicable month. Unless otherwise specifically indicated, all fees shall be deducted automatically on a monthly basis from a payment account you designate at The Tri-County Bank. In the event your payment account has insufficient funds to cover any fees, The Tri-County Bank may deduct the fees from any other Tri-County Bank account you have with them in any order it chooses. If you close the designated payment account, you must notify The Tri-County Bank and identify a new payment account for the selected On-line Financial Services. Additionally, if you close all Tri-County Bank accounts, you must notify The Tri-County Bank and cease all use of the On-line Financial Services.
5. Unauthorized Transactions.
You should notify us immediately if you believe anyone has improperly obtained your PIN or if you suspect any fraudulent activity in your account(s). If your PIN has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. If you do not tell us within the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us, or the bill payment provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays.
When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days (5 business days if the transfer involved a point-of-sale transaction processed by Visa and 20 business days if the transfer involved a new account) after we hear from you. However, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days if the transfer involved a point-of-sale transaction processed by Visa and 20 business days if the transfer involved a new account) 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 you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before the account is opened. 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 and will debit any interim amounts credited to your account. You may request copies of any documents that we used in our investigation.
In addition to the terms previously disclosed, The Tri-County Bank is not responsible for any losses, errors, injuries, expenses, claims, attorney's fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "Losses") caused by Internet Banking or the use of the Online Financial Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by The Tri-County Bank or one of its suppliers. In addition, The Tri-County Bank disclaims any responsibility for any electronic virus(es) Customer may encounter after installation of such software or use of Internet Banking or the Online Financial Services. Without limiting the foregoing, neither The Tri-County Bank nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure
Customer shall indemnify, defend and hold harmless The Tri-County Bank and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer's negligence; (ii) Customer's failure to comply with applicable law; or (iii) Customer's failure to comply with the terms of this Agreement.
8. Additional Remedies.
Due to the likelihood of irreparable injury, The Tri-County Bank shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.
You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Nebraska, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Lancaster County, Lincoln, Nebraska, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney's fees, costs, and expenses.
The Tri-County Bank may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.
The Tri-County Bank shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by The Tri-County Bank of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.
Your Tri-County Bank accounts accessed by the Service continue to be governed by the following Tri-County Bank agreements and documents, as they are amended from time to time, and each are incorporated herein by reference: (1) Deposit Agreement and Disclosures, (2) Service Fee Schedule, (3) for Money Market Accounts and Savings Accounts, your Money Market Demand Account (HIFI) and Truth-in-Savings Disclosure, and (4) Loan Agreements and Disclosures. If you have overdraft protection that is accessed by the Service, it will continue to be governed by the applicable agreements you have with The Tri-County Bank. If any inconsistency exists between such other documentation and this Agreement, then this Agreement shall control to the extent of the inconsistency.
TERMINATION OF SERVICES
We can terminate your electronic banking privileges under this Agreement without notice to you if you do not pay any fee when due, or if you do not comply with any agreement governing your accounts, or if any such account is not maintained in good standing. In that event, or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We can also suspend or terminate the Service if we believe that an actual or potential unauthorized use of your Access ID, Password or account has occurred or is being attempted. The Tri-County Bank reserves the right to terminate your access to the Service or any portion of it in its sole discretion, without notice and without limitation, except as may be required by law.
You are responsible for complying with all the terms of this Agreement and with the terms of the agreements governing the accounts to or from which transfers are made using the Service. The Tri-County Bank reserves the right to change the charges, fees or other terms described in this Agreement at any time. When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the address shown in our records; and/or 3) an update of our web site. We can change a term or condition of this Agreement by mailing or delivering to you a written notice at least thirty (30) days before the effective date of any such change. We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain and restore the security of our system or an account. However, even in these cases, if the change is to be permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you in either our checking or savings account records, or e-mail address in which you agreed to receive such notices and/or disclosures.
The Tri-County Bank may, from time to time, introduce new Online Financial Services. By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.
You agree that The Tri-County Bank is not responsible for any electronic virus that you may encounter using the Service. We encourage you to routinely scan your PC and diskettes using any reliable virus protection product to detect and remove any viruses found. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and even your hardware.
LINKS TO OTHER SITES
Information that The Tri-County Bank publishes on the World Wide Web may contain links to other sites and third parties may establish links to The Tri-County Bank's site. The Tri-County Bank makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, The Tri-County Bank does not endorse the products or services offered by any company or person linked to this site nor is The Tri-County Bank responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.
BY USING THE SITE, YOU ACKNOWLEDGE THAT WE SPECIFICALLY DISCLAIM ANY LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT A USER'S COMPUTER EQUIPMENT.
PERSON OR ENTITY OTHER THAN THE TRI-COUNTY BANK AND WITH REGARD TO SERVICES OR PRODUCTS OFFERED THROUGH THE SITE BY THE TRI-COUNTY BANK, UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE TRI-COUNTY BANK MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO SUCH SERVICES AND PRODUCTS AND THE TRI-COUNTY BANK SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES WITH REGARD TO SUCH SERVICES AND PRODUCTS.
CHARGES AND FEES
Customer Service requests for which you may be charged by The Tri-County Bank include: ordering checks, bill payment services, and transaction fees for home equity lines of credit transfers. These service requests are subject to The Tri-County Bank's normal service charges that were disclosed at account opening and in any subsequent editions of or amendments to our Service Fee Schedule. Charges shall be automatically deducted from your account and the Bank shall provide you a monthly notice of such debit(s) on your statement.
There is a $3 monthly fee for bill payment services.
This Agreement, as it may be amended from time to time, contain the entire understanding between you and The Tri-County Bank concerning the Service, and supersedes any verbal conversations, other communications, and previous agreements, if any.
ELECTRONIC FUND TRANSFERS DISCLOSURE
My use of The Tri-County Bank's Online Banking Service signifies that I have read and agree to the terms and conditions of the Electronic Fund Transfers Disclosure; which has been provided to me electronically by The Tri-County Bank.
Revised and Approved 5/24/12
The Tri-County Bank
Equal Housing Lender
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