ONLINE BANKING CUSTOMER AGREEMENT
Britton & Koontz Bank, N. A.
Natchez, Mississippi
This Online Banking Customer Agreement (Agreement) sets forth the terms and conditions governing the provision of Online Banking services to you or anyone authorized by you (collectively, you, your or yours) and describes your and our rights, responsibilities and obligations. By using the Online Banking service, you agree to the terms and conditions of this Agreement, which are in addition to those that apply to any accounts you have with the Bank.
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I. Definitions.
"Account" means a checking, savings, or money market deposit account that you have with us for personal, family or household use.
"Account Access" means your ability to access account and transaction information on Accounts and transfer funds between Accounts through the Internet.
"Account Agreement" means the agreement between you and us that governs the use of your Account, including the deposit account agreement, any funds availability agreement, electronic funds transfer agreement or disclosure, line of credit agreement, credit card agreement and our schedule of fees and charges.
"Bill Payment Account" means the Account(s) you have authorized us to debit for payments made to Payee(s) in connection with the Online Banking Service.
"Bill Payment Service" means our service that allows you to pay or transfer funds to designated Payees based upon your instructions to us via a personal computer.
"Business Day" means 8 am - 4 pm, Monday through Thursday, and 8 am - 5 pm on Fridays. Holidays are not included.
"Electronic" means electrical, digital, magnetic, wireless, optical or electromagnetic technology, or any other technology that entails similar capabilities.
"Online Banking Service" means collectively Account Access and Bill Payment services.
"Payee" means any individual, financial institution, educational institution, company, merchant or other entity you wish to pay using Online Banking Services.
"Password" means the confidential identification number or other code assigned to you by us or selected by you for identification purposes in connection with the use of our Online Banking Services.
"Transfer" means any electronic banking transaction, including a deposit, withdrawal or bill payment request submitted electronically.
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II. Setup and Use of Online Banking Services.
A. Eligibility.
In order to activate your Online Banking Services, you must have at least one Account with us. You must designate an Online Banking Services username, select a Password and pay the required fees. You may change your password at any time. Additionally, we may require you to change your Password from time to time for security reasons. You should keep your Password in a secure location. Any person having access to your Online Banking Services username and Password will be able to access the Online Banking Services and perform all transactions, including reviewing Account information and making transfers to other Accounts and to other persons. The Bank will have no liability that results from negligent distribution of your Password.
B. Access.
Online Banking Services are generally accessible 24 hours a day, seven days a week, except that they may be inaccessible for a reasonable period on a daily basis for system maintenance. We are not liable for failure to provide access due to system failure or other unforeseen acts.
We may modify, suspend, or terminate access to the Online Banking Services at any time and for any reason without notice or refund of fees you've paid.
C. Linking Your Accounts.
You can access an unlimited number of personal accounts using personal Online Banking. Online viewing of commercial accounts is governed by a separate agreement. You must provide us with the account numbers on the attached Online Banking Registration form attached as Exhibit "A" for each of these Accounts in order to access them. We will provide you with instructions on how to set up the Online Banking Service. These instructions are incorporated herein by reference and constitute part of this Agreement.
D. Equipment Requirements.
To use the Online Banking Services, you need a computer with a modem and a current version web browser (such as Netscape Navigator®, Microsoft Internet Explorer®, or an equivalent). You are responsible for the set-up and maintenance of your home computer and modem. We are not responsible for any errors or failures from any malfunction of your computer or any virus or other problems related to the use of the Online Banking Services.
E. Limitation of Liability.
1. Disclaimer of Warranties.
(a) Warranties of Fitness and Merchantability.
NEITHER WE, NOR ANY OF OUR SUBSIDIARIES, NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
(b) Computer-related Warranties.
Neither we, nor any of our subsidiaries, nor any information provider is liable for any computer virus or software-related problems which may be attributable to the services provided in connection with the Online Banking Services.
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III. Online Banking Services.
A. Products and Services Offered.
The following features are available via Online Banking:
Make transfers between Accounts that you have with us.
Obtain Account balances. Your Account balance is generally current as of midnight of the previous Business Day, but may not include current transactions (such as checks cashed at a teller today). In addition, your Account balance may show funds that have been credited to your Account but that are not yet available for withdrawal, as well as reflect current day transactions.
Transfer funds from an Account to third parties.
Pay bills to merchants, individuals and others located in the U.S.
Review the history of past transactions on your Accounts for the time period applicable to your service plan.
Send e-mail messages to us. E-mail may not, however, be used to initiate transactions on your Accounts or stop payment requests.
Order supplies and materials from us, such as checks.
Download account information in the following formats:
- Quicken®
- Spreadsheet (ASCII.)
These activities are limited to the extent noted below and in the agreements governing your various accounts. Your ability to transfer funds from savings and money market deposit accounts using the Online Banking Services are subject to the limitations described in the applicable account agreements. You should refer to these agreements for restrictions and service charges.
B. Additional Information about the Online Banking Service.
1. Account Access.
To use the Online Banking Services, you must first link your Accounts with us to the Online Banking Service. You can link an unlimited number of your personal deposit accounts with us to the Online Banking Service. You must designate one checking or money market deposit account as your primary billing account. We debit all Online Banking fees to your primary billing account. We recommend that you designate a checking account and not designate a money market deposit account because of the limits on transfers from a money market deposit account, which are discussed below.
You may transfer funds through the Online Banking Services in any amount between $1 and $30,000, if you are authorized.
We deduct the amount of your funds transfer from your Account on the date you instruct us to process it. We may refuse to act on your funds transfer instruction if sufficient funds, including funds available under any overdraft plan, are not available in your account on the date you want us to transfer funds.
If you link a personal deposit account to Online Banking and use it for business purposes, we may convert the account to a business checking account. We will send you a notice of this change.
2. Bill Payment Service.
To use the Bill Payment Service, you must designate a personal checking or money market deposit account with us as your Bill Payment Account. However, we recommend against using a money market deposit account for your Bill Payment Account because of the limits on transfers from a money market deposit account, which are discussed below. The Bank is not liable for incorrect source account selection by the customer.
You may make bill payments in any amount between $1 and $5,000, individually and in the aggregate per day.
When you schedule a bill payment using the Online Banking Services, you authorize us to withdraw the necessary funds from your Bill Payment Account with us. We may refuse to act on your instruction if sufficient funds, including funds available under any applicable overdraft plan, are not available in your Bill Payment Account on the date of payment.
3. Processing Fund Transfers and Bill Payments.
We can process a funds transfer on the same Business Day as your Online Banking session. If you schedule a funds transfer for a future date, we process the transaction after the close of business on that date, if that day is a Business Day. If we receive your instruction after the end of our Business Day, or if the date of your request is not a Business Day, we will process the transaction on our next Business day.
We can process a Bill Payment request on the same day as your Online Banking session, if we receive your instructions by 1:00 p.m., Central Standard Time. If you schedule a Bill Payment within 5 business days of your Online Banking session, we will process the payment and debit your account on the Business Day on which your payment request was made. If you schedule the Bill Payment beyond 5 Business Days, payment will be processed 5 business days before the actual Bill Payment date specified.
We deduct the amount of your funds transfer or bill payment from your account on the date we process your instruction. If the date that you schedule a payment falls on a weekend or holiday, we process your instruction the next Business Day.
To ensure that your bill payments arrive on time, we strongly advise you to schedule your payments to be processed at least five business days before your actual payment due date. This generally allows sufficient time for the Payee to receive and post your payment. We are not responsible for postal delays or processing delays by the Payee.
We give payments made through Online Banking Services a confirmation reference number. You may review payments by using the Bill Payment section on the Online Banking screen. See your User's Guide for details.
If there are insufficient funds in your Account to make the transfers or payments you have authorized, we may refuse to make the transfer or payment or we may make the transfer or payment and overdraw your Account. In either event, you are responsible for any non-sufficient funds ("NSF") and overdraft charges that may apply.
When you add Payees to the Online Banking Service, you must be sure to enter your account number and address as they appear on your payment stub or invoice. We are not responsible for invalid payee information entered.
Occasionally a Payee may choose not to participate in the services, or may require additional information before accepting payments. We work with these Payees to encourage them to accept an electronic or check payment from the Bank. If we are unsuccessful, or if we believe that the Payee cannot process payments in a timely manner, we may decline to make future payments to this Payee. In the unlikely event that this occurs, we send you a notice. We may refuse to make payments to certain Payees at our discretion. These may include state and federal government institutions (i.e., federal tax payments), insurance companies or any other payees in which serious consequences may occur due to late payment.
4. How Bill Payments are Made.
We process the payments you make through the Online Banking Services in one of the following ways:
We may send payments through an electronic transmission to the Payee. Payees who receive electronic delivery will receive your payment information, including your account number, through a computer link.
Payments made electronically are generally received and credited by most payees within three business days. However, we suggest scheduling payments to be processed at least 5 business days before the payment date to ensure timely delivery.
We may send payments by a bank check mailed to the Payee. When more than one customer schedules a payment to the same Payee on the same date (which frequently happens), we may issue a consolidated check to the Payee with an accompanying paper list of each customer by name, of each account number to be credited, and of the amount of each payment. We send all checks through the U.S. mail. Payments made with a bank check are generally received and credited by most Payees within five to seven business days.
However, from time to time we may receive instructions from a Payee that direct us, in order to ensure the timely processing of your payment, to send your payment to an address other than the one that you provided us, or that direct us to make your payment electronically rather than by check, to an account owned by the Payee at another financial institution. When we receive such payment instructions from the Payee, we may follow those instructions, to help ensure that our payment is received by the Payee and promptly credited to your account.
5. Canceling Bill Payments.
If you have told us in advance to make regular payments out of your account, you can stop or change any of these payments. To stop or change a bill payment, call the Online Banking department at (601) 445-5576, or write us at Britton & Koontz Bank, N. A. Attn: Online Banking Department, 500 Main Street, P. O. Box 1407, Natchez, Mississippi 39120, in time for us to receive your request six (6) business days or more before the payment is scheduled to be made, or if you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after your call. You will be charged the appropriate fee designated by your account type for each stop-payment order you give.
6. Canceling Account Transfers other than Bill Payments.
To cancel scheduled account transfers made via our Online Banking system, you can delete the transfer request up to one (1) business day prior to the scheduled transfer date. Please contact Britton & Koontz for further assistance in correcting an erroneous transaction at 601-445-5576.
C. Transfers & Payments from Savings/Money Market Deposit Accounts.
Federal regulations require us to limit either by contract or in practice the number of certain types of transfers from savings and money market deposit accounts. You are limited to six (6) transfers/withdrawals a month for money market accounts. Of these six transactions, you are limited to no more than three transactions per month by check or point-of-sale to a third party. Transfers from Silver Savings will incur additional charges if more than 3 are made per quarter. Each funds transfer or payment through Online Banking Services from your savings or money market deposit account is counted as one of the limited transfers you are permitted each month. We recommend that you not use a money market deposit account as your Bill Payment Account because of these restrictions.
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IV. Fees.
A. The monthly service charge for the Online Banking Service is in addition to the fees and charges that apply to your Accounts. All fees will be deducted monthly from the Account that you designate as your Bill Payment Account.
B. You should note that depending on how you access the Online Banking Service, you may incur other charges. These include charges for:
normal checking account fees and service charges,
Internet service provider fees; and
the purchase of financial management software.
C. For savings accounts and money market deposit accounts an excess transaction fee may apply to each transaction made through Online Banking that exceeds the number of limited transactions you may make each statement period. These fees are described in your account agreement and related documents.
D. For an inquiry about a transaction that occurred more than 60 days before the date you make the inquiry, we may charge a research fee of $15 an hour, with a 1 hour minimum. We will waive this fee if we determine that we made an error in processing your transaction.
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V. Parties' Responsibilities.
A. Responsibilities of the Consumer.
1. Your Rights and Responsibilities.
(a) Authorized Use of Services by Other Persons.
You are responsible for keeping your Password and account data confidential. We are entitled to act on transaction instructions received using your Password, and you agree that the use of your Password will have the same effect as your signature authorizing the transaction. If you authorize other persons to use your Password in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization and changed your Password, and you are responsible for any transactions made by such persons until you notify us that transfers by that person are no longer authorized and we have a reasonable opportunity to act upon the change of your Password.
(b) Reporting Unauthorized Transactions.
You should notify us immediately if you believe your Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission or if you suspect any fraudulent activity on your account. To notify us, call Account Services at (601) 445-5576, or write Britton & Koontz Bank,N. A. Attn: Bookkeeping, 500 Main Street, P.O. Box 1407, Natchez, Mississippi 39120.
(c) Consumer Liability for Unauthorized Transactions.
Refer to the Unauthorized Transfers section of "Regulations Affecting Your Deposit Accounts".
(d) Resolving Errors or Problems.
If you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt, contact us by telephone at (601) 445-5576 or write us at Britton & Koontz Bank, N. A. Attn: Online Banking, 500 Main Street, P.O. Box 1407, Natchez, Mississippi 39120 as soon as you can.
We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. When you contact us, our representative will need to know the following information:
(1) your name and account number;
(2) a description of the error or the transfer you are unsure about, and an explanation of why you believe it is an error or why you need more information; and
(3) 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 (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly.
If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, point-of-sale debit card transaction or a foreign-initiated transfer) to investigate your complaint or questions. If we decide to do this, we will provisionally credit your account within ten (10) business days (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 we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your account.
If we decide that there was no error, we will send you a written explanation within three business days after we complete our investigation. You may ask for copies of the documents that we used in our investigation.
An account is considered a new account for 30 days after the first deposit to the account was made.
B. Our Responsibilities.
1. Our Rights and Responsibilities.
(a) Our Responsibility for Processing Transactions.
If we do not complete a transfer to or from your Account (or cancel a transfer properly requested) on time or in the correct amount according to our agreement with you, we may be liable for consequential losses or damages.
(b) Limitations of Our Responsibility for Processing Transactions.
There are some exceptions to our liability for processing transactions on your Accounts. 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 transfer would go over the credit limit on your overdraft line;
if the funds in your Account were attached or the transfer cannot be made because of legal restrictions affecting your Account;
if the systems were not working properly and you knew about the breakdown when you started the transfer;
if circumstances beyond our control (such as interruption of telephone service or telecommunication facilities, or natural disaster such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken;
if 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;
if you have not properly followed the instructions for using the Online Banking Services;
if your operating system or software was not properly installed or functioning properly; or;
there may be other exceptions stated in our agreement with you.
Our sole responsibility for an error in a transfer will be to correct the error, but in no case will we be liable for any indirect, special, incidental or consequential damages. In states which do not allow the exclusion or limitation of liability for indirect, special incidental or consequential damages, our liability is limited to the extent permitted by applicable law.
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VI. Consumer Privacy and Confidentiality.
A. Sharing Your Personal Information with Others.
We recognize the importance of protecting the confidentiality of our customers personal information. Personal information includes all of the personally identifying information that you provide us in connection with your Account and your use of the Online Banking Services. However, we may disclose personal information about you to third parties:
If we have entered into an agreement with another party to provide any of the Online Banking Services. In this case, we will provide that party with information about your Account, your Transfers, and your communications with us in order to carry out your instructions;
If it is necessary for completing Transfers or otherwise carrying out your instructions;
If it is necessary to verify the existence and conditions of an Account for a third party, such as a credit bureau, a payee, or any holder of a check issued by you through the Bill Payment Service;
In order to comply with applicable laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information;
In order to provide you with information about products and services that we believe will be interesting to you; or
If you otherwise give us your specific permission.
B. Sharing Your Personal Information with Others.
We also may share personal information with others. If you do not wish to receive information about products and services from third parties or if you do not wish us to share personal information about you with our affiliates, please notify us at Britton & Koontz Bank, N. A. Attn: Online Banking, 500 Main Street, P.O. Box 1407, Natchez, Mississippi 39120 or call us at (601) 445- 5576. In your notice, be sure to include your name, address, social security number, telephone number and account numbers.
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VII. Termination.
Your Online Banking Services remain in effect until terminated by you or us. You may cancel your Online Banking Services at any time by notifying us of your intent to cancel in writing at Britton & Koontz Bank, N. A. Attn: Online Banking, 500 Main Street, P.O. Box 1407, Natchez, Mississippi 39120. This cancellation applies only to your Online Banking Services and does not terminate your other relationships with us. Your termination of your Online Banking Services will automatically terminate any pending payments.
We may terminate your participation in the Online Banking Services for any reason, at any time. We will try to notify you in advance, but we are not obliged to do so.
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VIII. Changes in Terms and other Amendments.
We may amend this Agreement (including changes in fees and charges) by giving notice to you at least thirty days before the effective date of the amendment, unless such change or amendments otherwise required by law or applicable regulation. Your continued use of the Online Banking Services constitutes your agreement to the amendment(s). The terms of your other account agreements shall continue to apply.
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IX. Other Provisions.
A. Ownership of Website.
The content, information and offers on our website are copyrighted by Britton & Koontz and the unauthorized use, reproduction, linking or distribution of any portions is strictly prohibited.
B. Geographic Restrictions.
The Online Banking Services described in this Agreement and any application for consumer credit, deposit services, and brokerage services available at our web site are solely offered to citizens and residents of the United States of America residing in the United States of America. Citizens and residents may not be able to access the Online Banking Services outside the United States of America.
C. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of Mississippi without regard to conflict of law provisions. Your existing Account relationships shall continue to be governed by and construed in accordance with the laws as disclosed in such Account agreements.
D. Scope of Agreement.
This Agreement represents our complete agreement with you relating to our provision of the Online Banking Services. No other statement, oral or written, including language contained in our website, unless otherwise noted, is part of this Agreement.
E. Waiver of Jury Trial.
The parties agree that each waives all rights to a trial by jury in any dispute regarding your rights or our obligations under the terms of this Agreement. You agree that you have brought this provision to the attention of your legal counsel or you have had the opportunity to do so. You understand that without this waiver you may have had a right to a jury trial on such matters, but you nevertheless agree voluntarily to waive that right.
F. Assignment and Delegation.
This Agreement may not be assigned by the Customer. The Bank may assign this Agreement to any affiliate of the Bank. The Bank may delegate its duties under this Agreement to third parties.
G. Headings.
The headings of the paragraphs of this Agreement are for convenience and reference and shall not affect its construction or interpretation.