ONLINE BANKING AND ONLINE BILL PAY AGREEMENTS AND DISCLOSURES
Agreement and Electronic Fund Transfers Act Disclosure for Mission Bank Online Banking Service
(Note: To access Mission Bank Online Banking and Online Bill Pay, please read this Agreements and Disclosures document and click "I Accept" at the bottom of this page.)Introduction
At Mission Bank, we offer a variety of quality banking services, including online banking services. This Online Banking Services Funds Transfer Agreement and Electronic Fund Transfers Act Disclosure explains the terms and conditions that govern your use of the online banking service that we offer.
Please read this Agreement carefully as it is intended to be used in conjunction with the Deposit Account Agreement, Account Product Disclosure, and other related service disclosures that we have provided you in the course of your banking relationship with us. Retain this agreement and all other related documentation for future reference.
If any provision of this agreement is not enforceable, all remaining provisions remain in full force and effect. The sections in this agreement are titled for reference purposes only and the titles will not limit the interpretation of the provision. You may not assign this agreement without our prior written consent. The agreement is binding on your heirs and on Mission Bank's successors. This agreement, together with the applicable product agreements, and the current Schedule of Fees and Charges, constitute the entire agreement between you and us with respect to online banking, and there are no agreements relative to this service that are not expressed herein.
In this agreement, the words:
Online Banking Services
How to sign up for Mission Bank Online
We will establish your initial Access ID and Password.
Terms and Conditions on Eligible Accounts
Access to the Service
HOURS OF ACCESS: Subject to other applicable terms in this agreement, you generally can access your account information via online banking 7 days a week, 24 hours a day, although some or all services may not be available occasionally due to an emergency or a scheduled system maintenance. We will post notice of any extended periods of system unavailability on the Mission Bank website as soon as reasonably practicable.
PASSWORD SECURITY: You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down. If you believe that your password may have been stolen or unauthorized access has occurred on your account(s), contact Mission Bank at the address and/or telephone number provided in this disclosure.
Three unsuccessful attempts to log-on using your password will cause your access to the system to be revoked. Should this happen, you must contact us to re-establish your access and to have your password re-set.
ONLINE BANKING SERVICE: Your password and log-on/Access ID are intended to provide security against unauthorized entry and access to your account(s). Data transferred via the system is encrypted in an effort to provide transmission security to ensure that the information being passed is authentic and has not been altered en route. The bank utilizes identification technology to verify that the sender and the receiver of the transmissions can be appropriately identified by each other. Nonetheless, even in recognition of all the Bank's efforts to ensure that the service is secure, you acknowledge that the Internet has inherent security issues and that all data transfers, e-mail included, occur openly on the Internet and can potentially be monitored and read by others. We do not warrant that all data transfers and e-mail messages transmitted to and from us will not be monitored by others.
Fees and Charges
Unless otherwise indicated, the fees and charges related to your use of certain features of the service are distinct and separate from the fees and charges that are due in connection with your other accounts with the bank. Those separate fees and charges previously disclosed to you, which are associated with your other accounts with the bank, will continue to apply.
Mission Bank not Obligated to Honor Transfer
Online Account Inquiry
OVERDRAFTS: If your account does not have sufficient funds to cover all electronic fund transfers you have requested within a given business day, then you understand and accept that electronic fund transfers involving cash disbursements (such as ATM withdrawals) will have priority. Succeeding electronic fund transfers initiated via the service which would result in an overdraft of your account may be canceled, at our discretion. If we do not cancel an electronic fund transfer you initiated, which transfer would result in an overdraft of your account, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
DOLLAR LIMITATIONS: For Internet Banking Fund Transfers within and among your eligible Mission Bank accounts, you can transfer amounts up to the available balance in your enrolled accounts, plus your available overdraft line of credit, if applicable. However, if the remaining balance in these accounts fall below the minimum daily balance or average daily balance requirements, you understand that the applicable minimum balance service charges will be imposed and your account will be debited accordingly.
TRANSFER LIMITATIONS: The number of transfers you are allowed to do from your Mission Bank savings and money market accounts are limited by the terms and conditions contained in the Deposit Account Agreement, Account Product Disclosure, and other related product disclosures that govern those accounts. Transfers from a savings or money market account to another account or to third parties by preauthorized, automatic, telephone or computer transfer or by check, draft, debit card, or similar order to third parties are limited to six (6) per month. Should you exceed the permitted number of transfers on an account, we may close that account, impose a fee and/or change the account to a demand deposit account.
If a hold was placed on deposits made to the account from which you wish to transfer funds, the transfer corresponding to that portion of the funds on hold will not be performed until the hold expires.
ACCOUNT OWNERSHIP LIMITATIONS: You understand and accept that Internet banking fund transfers can only be allowed for accounts with the same ownership and authorized signature requirements. Fund transfers will not be allowed between accounts with unlike ownership.
PERIODIC STATEMENTS: You will get a monthly account statement, unless there are no electronic funds transfers in a particular month. In any case, you will get a statement at least quarterly.
Change in Terms
In Case of Errors or Questions About Your Electronic
Transfers (For Consumer Transactions Only)
1) Tell us your name and account number (if any).
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (5 business days for Visa Check Card point-of-sale transactions processed by Visa and 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, 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 for Visa Check Card point-of-sale transactions processed by Visa and 20 buiness 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 10 business days, we may not provisionally credit your account.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Consumer Liability for Unauthorized Transfers
If you do NOT tell us within 2 business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from contacting us in a timely manner, we will extend the time periods.
Contact in Event of Unauthorized Transfer
Our Contact Address and Business Hours
2439 Hualapai Mountain Road
Kingman, AZ 86401
Telephone Number: (928) 718-5555
Business Days: Monday through Friday (excluding Federal Holidays)
Business Hours: 9:00am - 5:00pm (Monday to Thursday), 9:00am - 6:00pm (Friday)
Offer of Services through Affiliates or Third Parties
PROTECTION OF SERVICES/OBLIGATION TO REVIEW SECURITY PROCEDURES: You agree to use the service solely for the purpose intended and in accordance with the bank's procedures and agreements (as amended from time to time) applicable to use of the service and the related accounts.
You assume all risks associated with disclosure of any code or password to your employees. You agree to limit disclosures of codes or passwords to those employees you will authorize to use the Service or who have a specific need to know. You will establish procedures to protect the confidentiality of all information relating to the Services, including all codes and passwords, and will promptly notify us if you know or suspect that codes, passwords or other security information is stolen, compromised, or misused. You will require authorized persons to create new passwords at reasonably frequent periods, based on your assessment of the security requirements appropriate to the Services you utilize. You agree to promptly change security codes and level of authority, as applicable, in the event of any change in personnel or when reasonably prudent to do so.
You agree that we will not be responsible for verifying whether a payment order or other communication is originated by an authorized person other than through the verification process contained in the security procedures of the service. Thus, when an employee is added or deleted as an authorized person on the system, we will treat that person as "authorized" if the security procedures are followed, without verifying that employee with you or otherwise investigating whether the employee is exercising authority granted by you or consistent with any internal limitations on activity established by you for that employee.
You will review and implement all security procedures available in connection with the services. After review of the Services, including those aspects of the Services pertaining to assuring the authenticity of a communication between you and the bank, you will notify us in the event your use of the services would necessitate or be better served by a level of security that exceeds that offered by the services. If you fail to so notify us, you acknowledge and agree that the security aspects of the services are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use.
YOUR DUTY TO NOTIFY US OF ERROR: You agree to notify us promptly (i) of any discrepancy between your records and the periodic account statements furnished by us to you, or (ii) if a payment or transfer purportedly made on your behalf or charged to your account was not authorized by you, was erroneous or was executed improperly. You shall be deemed to have received noticed of such an occurrence when you receive actual notice or an account statement furnished in a fashion customary for that account or such other account as was charged for payment indication (i) the purported payment order or other communication was accepted and acted upon by us, or (ii) your account was debited with respect to the payment or transfer, whichever occurs first.
If you fail to notify us within 30 days after you receive notice of an unauthorized or erroneous transfer, we will not owe you any interest on the amount in question even if we are otherwise liable to you in connection with the transfer or other communication or are we obligated to credit you for the amount of the transfer or any portion thereof, nor will we be liable for any other losses resulting from your failure to give such notice with respect to a transfer shown on such periodic statement. If you fail to notify us of any such discrepancy within one (1) year, you shall be precluded from asserting such discrepancy against us.
AUTHORIZATION AND PROCESSING TRANSFER REQUESTS: You are responsible for controlling access to the Services and for any limitations placed by you on the services an authorized person may utilize. The fact that we are, or may be aware of, or could have discovered, any limitation on access to a service does not make us obligated to enforce or attempt to enforce any limitation.
You understand that each authorized person may utilize services (including inquiries, transfers and account verification) without regard to any restrictions otherwise applicable to an account. You agree that any arrangements with us to require one or more authorized signatures for transactions involving your accounts do not apply to transactions using the services.
If a transfer request ("transfer request") (or a request for cancellation or amendment of a transfer request) received by us purports to have been transmitted or authorized by you, it will be deemed effective as your transfer request and you will be obligated to us for the amount of such transfer request, even though the transfer request was not authorized by you, provided we acted in compliance with the security procedure referred to in this agreement (or any other applicable agreement) with respect to the transfer request.
If a transfer request (including a cancellation or amended to said request) received by us was transmitted or authorized by you, you shall be obligated to pay the amount of the transfer request as provided herein, whether or not we complied with the security procedure referred to in this agreement with respect to that transfer request and whether or not that transfer request was erroneous in any respect or that error would have been detected if we had complied with such procedure.
You agree that the authenticity of transfer requests issued by you to us will be verified pursuant to the security procedures contained in the services, and that such security procedures are commercially reasonable. You agree that the security procedures are not intended to, and will not serve as, a procedure to identify errors in a payment order or its instructions.
You acknowledge and agree that if a transfer request describes the beneficiary or beneficiary's bank inconsistently by name and account number, execution of the transfer request will occur on the basis of the account number, even if it identifies a person different from the named beneficiary or bank, and that your obligation to pay the amount of the transfer request to us is not excused in such circumstances.
THIRD PARTY DATA INPUT: You acknowledge that the services may require that data be input into the program by parties other than us. In some cases, we may provide such parties with information instructing them how to input data into the program; however, in no event shall we be liable for the accuracy, completeness, correctness, or format of data input by parties other than us.
LIMITATION ON LIABILITY: As a condition precedent to any liability to us, you must notify us in writing of any alleged negligence or breach of this agreement as promptly as reasonably possible, but in no event later than five (5) business days following the day on which such alleged negligence or breach was, or could reasonably have been, discovered by you. Our entire liability and your sole remedy under this agreement, whether or not the claim is in contract or tort, shall not exceed an amount of the fees during the six (6) month period preceding the date of the alleged negligence or breach.
Except as set forth herein, the bank shall not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you as a result, directly or indirectly, of any unauthorized person gaining access to, or otherwise making use of, the services. The bank is providing the program on an "AS IS" basis.
IN NO EVENT SHALL Mission Bank, OR ITS AGENTS, BE LIABLE FOR SPECIAL, GENERAL, CONSEQUENTIAL, INDICENTAL, EXEMPLARY OR SIMILAR DAMAGES, EVEN IF Mission Bank HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. Mission Bank MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, OR THE ACCURACY, OR FREEDOM FROM ERROR OF THE DATA, OR THE SERVICE OR THE SOFTWARE USED BY OR FURNISHED TO Mission Bank OR TO YOU BY LICENSOR OR OTHERS IN CONNECTION WITH THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Mission Bank FURTHER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AGAINST ANY INFRINGEMENT OF SOFTWARE OR ANY OTHER PROPRIETARY RIGHTS OF ANY OTHER PARTY. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE, THE SUITABILITY OF THE SERVICES, AND WITH RESPECT TO ANY RELATED DOCUMENTATION. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT BY EITHER PARTY, AND ALSO LIMITS THE LIABILITY OF ANY AGENT, EMPLOYEE OR AFFILIATE OF Mission Bank.
INDEMNIFICATION: You shall indemnify, defend and hold us harmless from against any and all loss, liability, cost, charges or other expenses (including reasonable attorneys' fees) which we may incur or be subject to, arising out of or related directly or indirectly to the performance by us of our obligations hereunder.
Termination of this Agreement
OUR RIGHT TO TERMINATE: We reserve the right to terminate this agreement, with or without cause, immediately upon our provision to you of a written or telephonic notice of such termination.
Communication Between the Bank and You
Telephone: You can contact us at (928) 718-5555
Acceptance of the Terms and Conditions of this Agreement
Mission Bank Schedule of Fees and Charges for
Online Banking Service and Telephone Banking Funds Transfers
* Effective Date: All fees and charges are effective as of July 1, 2002 and are subject to change at any time, upon our discretion.
|* Note: All fees/service charges listed
above will be automatically debited from your designated Payment
Account and will appear on your account statement.
Agreement and Disclosure for Online Bill Pay Service
Welcome to Online Banking Bill Pay Service. Use of the Bill Pay Service indicates acceptance of terms and conditions set forth in the Online Banking Agreement & Disclosures and the terms and conditions set forth in this Agreement and Disclosure for Online Bill Pay Service ("Agreement") as each may be jointly and/or independently amended from time to time. This Agreement is provided in electronic form, and by using the Bill Pay Service you agree to accept the Agreement in that form. Please read the Agreement carefully because it is our legal agreement with you that governs your use of our Bill Pay Service.Introduction
Through Online Banking you may subscribe to our optional Bill Pay Service. The Bill Pay Service allows you to schedule payments through the Internet for current, future, and recurring bills from your checking account with us.
You may use our Bill Pay Service to direct us to make payments from your designated checking account to the Payees you choose in accordance with this Agreement. The terms and conditions of this Agreement are in addition to the agreements, disclosures and other documents in effect from time to time governing your deposit account with us, including the Deposit Account Agreement & Disclosures ("Deposit Agreement"), and the Online Banking Agreement & Disclosures.
"Bill Pay Service" and/or "Service" means the bill payment service that Mission Bank makes available over the Internet with Paytraxx and is also a Service under the Agreement. "Bank", "we", "our", or "us" means Mission Bank. "Account" means the deposit account you designate to process Bill Pay transactions through. "Payee" or "Merchant" means anyone you designate and we accept as a payee. "Payment" means your remittance to a payee.Requirements and Restrictions
To subscribe to Bill Pay, you must designate a specific checking account to process your Bill Pay transactions through. The account you designate for this purpose must be in good standing with us in accordance with our criteria.
Bill Pay is intended for use only by individuals and sole proprietors. Other types of legal entities (partnerships, LLCs, corporations) are not permitted to use the Bill Pay Service. We will not permit you to use a money market or savings account as your designated Bill Pay account because federal regulations require us to limit the number and types of transfers from money market and savings deposit accounts.
Requirements for dual signatures on checks do not apply to the Bill Pay Service.Payee Designation
You can use the Bill Pay Service to make payments to almost any Payee or Merchant you want, including individuals, local service providers, utilities, credit cards, or to make mortgage or loan payments, or charitable donations, etc.
The Bill Pay Service cannot be used to make payments for the following:
By furnishing us with the names of your Payees (Merchants and/or individuals) and their addresses, you give us authorization to follow the Payment instructions, which you provide to us. When we receive a Payment instruction for the current date or a future date, we will remit the funds to the Payee on your behalf from the funds in your designated Account, on the day you have instructed them to be sent ("Payment Date"). We are not obligated to pay funds from your Account if the available Account balance is insufficient to cover the Payment. Funds for ALL bill payments, whether paid electronically or by check, will be withdrawn from your Account no later than three (3) business days following the Payment Date.
We are not responsible if a Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Merchant, or if you attempt to pay a Merchant that is not on your Merchant Accounts list.Making/Scheduling Payments
You may use the Bill Pay Service to authorize recurring payments or non-recurring payments. Recurring payments are payments that you schedule in advance to recur at substantially regular intervals in the same amount to the same Payee. Recurring Payments may be scheduled for up to ten (10) years. Non-recurring Payments are a single, one-time Payment to a specified Payee. Non-recurring Payments may be scheduled to be initiated up to eighteen (18) months in advance.
We limit the amount of each individual Bill Pay transaction to $10,000.00
Payments are processed Monday through Friday at 1PM Central Time, except on Federal holidays. If you attempt to schedule a Payment on a weekend or Federal holiday, you will be prompted to select a different date, or the Payment will be processed on the preceding business day if it is an auto recurring Payment. The Payment method may be electronic or by check. The first Payment to a Merchant must be scheduled at least five (5) business days prior to the due date for each Payment (recurring or variable) to allow adequate time for the Payment to reach the Payee. The due date is the date the Merchant has designated for payment, and should not be adjusted for any grace period or late date accommodations the Merchant may provide. Once the Service has been notified whether a Merchant accepts electronic payments or requires a paper check, after making the first Payment to that Merchant, the Service will display a message indicating that the Merchant requires either a two (2) day lead time for an electronic payment, or a five (5) day lead time if a paper check sent by regular mail is required.
Any Payments made with the Bill Pay Service require sufficient time for your Payee to credit your Account with them properly. To avoid incurring a finance charge or other charge, you must schedule a Payment sufficiently in advance of the due date of your Payment. If you fail to schedule your Payment according to the recommended timeframe, we will not be responsible for the late fees or finance charges. We will not be liable if any third party, through whom any Payment is made, fails to properly transmit the Payment to the intended Payee.
You agree to have available collected funds on deposit in the Account you designate in amounts sufficient to pay for all Payments requested, as well as any other payment obligations you have to us. We reserve the right, without liability, to reject or reverse a Payment if you fail to comply with this requirement or any other terms of this Agreement. If you do not have sufficient funds in your designated Account and we have not exercised our right to reverse or reject a Payment, you agree to pay for such payment obligations on demand. You further agree that we, at our option, may charge any of your accounts with us to cover such payment obligations.
Change or Delete Payments/Stop Payments
Any Payment can be changed or cancelled; provided you access the Service prior to 1PM Central Time on the business day the Payment is going to be processed.
We shall not be liable to you due to a stop payment request if your order to do so is not presented prior to the time the check has cleared. Once the Payment has cleared, you can no longer stop payment.Payment Guarantee
If all Payment guidelines were followed and a Payment is still posted late to your Account with a Merchant resulting in a late fee, at our discretion, we will make an attempt to have the Merchant waive the late fees. If the Merchant is unwilling to waive late fees, up to $50 in late fees assessed by the Merchant will be covered by us. However, due to factors beyond our control such as the U.S. Mail and payment processing at the Merchant, it is not guaranteed that a Payment will post on the fifth business day (or second, if issued electronically). It is imperative to note that Merchant grace periods are not taken into consideration, and if adequate lead time prior to the payment due date was not allowed by you in scheduling the Payment, this Guarantee is void.
NOTE: If the Merchant is not willing to discuss late fees or status of the account with us, you will be notified and advised that the Merchant requires your authorization before further discussions can occur between us and the Merchant.Liability
You are solely responsible for controlling the safekeeping of and access to your Bill Pay information. You are liable for all transactions you make, or that you authorize another person to make, even if that person exceeds his or her authority. If you want to terminate another person's authority, you must change your Online Banking login password. In the event that you have experienced unauthorized access to our Bill Pay Service, you must notify us of the unauthorized access, identify any Payments made or potential Payments scheduled, and change your logon information.
You will be responsible for any Payment request you make that contains an error or is a duplicate of another Payment. We are not responsible for a Payment that is not made if you did not properly follow the instructions for making the Payment. We are not liable for any failure to make a Payment if you fail to promptly notify us after you learn that you have not received credit from a Payee for a Payment. We are not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be our agent.
In any event, we will not be liable for any special, indirect, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if we have knowledge of the possibility of them. We are not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond our reasonable control.Inactivity
If you do not access or use the Bill Pay Service for a period of more than ninety (90) days, we may in our sole discretion, terminate your access to and use of the Bill Pay Service without notice to you.Termination
We reserve the right to terminate your use of Bill Pay at any time without prior notice to you.
If, for any reason, you should want to terminate your use of our Bill Pay Service, we recommend that you cancel all future Payments and transfers at the same time you terminate the Service, either by deleting the Payments yourself or by contacting the Bank as stipulated below. We will delete all outstanding payments (both one-time and recurring), as part of your Service termination.
We are not responsible for any fixed Payment made before we have a reasonable opportunity to act on your termination notice. You remain obligated for any and all Payments made by us on your behalf through the Bill Pay Service.
Should you opt to discontinue any of the Accounts or Services to which this Agreement pertains, written notice must be provided to us immediately at the following address.
Attn: Bill Pay
PO Box 6158
Kingman, AZ 86402
Agreement Assignment and Amendment
We may assign this Agreement to any affiliate, parent or other company. We may also assign or delegate certain of its rights and responsibilities under this Agreement to such third parties as we may elect upon notice to you whereupon we shall be released from any and all further liability or responsibility related thereto.
We reserve the right to amend or cancel any of the provisions of this Agreement, including changes to any fees, costs, or assessments. We may amend or cancel any provision or charge by disclosing the change electronically, and, at our option, by sending you notification in addition thereto. We will provide notice of thirty (30) days of any changes (or such lesser period as may be allowed by applicable law) unless an immediate change is necessary to maintain the security of the system. You may choose to accept or decline amendments, cancellations or changes by continuing or discontinuing the accounts or services to which these changes relate, at your option. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.