ONLINE BANKING AGREEMENT AND DISCLOSURE STATEMENT
P. O. Box 4876
Topeka, Kansas 66604
Telephone: (785) 440-4400
Fax: (785) 271-6623
By signing an application and enrollment form (the "Application") to subscribe
to certain personal computer banking and related services offered by Community
Bank as described in this Service Agreement and Disclosure Statement (this
"Agreement") and as otherwise made available by Community Bank from time to time
(collectively, "Online Banking Service" or "Service"), or by your initial
access to Community Bank's Online Banking Service, and in consideration of our
allowing you access to the Service, you agree to the terms and conditions of
this Agreement. Each reference in this Agreement to the "Bank", "Community
Bank", "we", "us", or "our" refers to Community Bank, a Kansas corporation, and
each reference to "you" and "your" refers to each depositor, borrower,
authorized signer, or authorized user for an account (as defined below) who is
now or hereafter enrolled in any one or more of our Online Banking Services
with respect to the account. Each time you use the Service constitutes
confirmation by you of your agreement to, and understanding of, the terms of this
Agreement and any screens that appear on your computer when you sign on to our
website. This Agreement will be effective as of the date of our acceptance as
evidenced by our issuance of a User ID and PASSWORD to you as provided in
Section 4. Please read this Agreement carefully and keep it for future
BROWSER SECURITY. Our Online Banking Service transmits data using SSL (Secure
Socket Layer) technology that supports 128-bit key encryption. It is important
to verify that a secure connection between your browser and the Online Banking
server has been established before transmitting any confidential account
information over the internet. An indicator on your web browser can verify this.
Netscape Navigator has a key symbol that appears in the lower left corner of the
screen. When the symbol appears "solid", transmitted data is being encrypted.
When this symbol appears "broken", a secure session has not been established.
Similarly, Microsoft Internet Explorer has a lock symbol that appears when data
is being encrypted. When this symbol does not appear, a session is not secure.
LINKS. Links to non-Community Bank websites contained in this site are offered
only as pointers to sources of information on subjects that may be of interest
to users of our Web Site, and Community Bank is not responsible for the content
of such sites as we have no control over what is displayed there. Community Bank
does not guarantee the authenticity of documents at such sites, and links to
non-Community Bank sites do not imply any endorsement of or responsibility for
the ideas, opinions, information, products, or services offered at such sites.
Use of links to any non-Community Bank site is solely at the user's own risk.
1. Hardware and Software Requirements. You will be able to access our Online
Banking Service through our website and the Online Banking Software (the
"Software") hosted by our Online Banking Service Provider (the "Service
Provider"). The Service Provider will act as an interface between you and the
Bank. To be able to use our Online Banking Service, you must provide your own
personal computer (a "PC") with a modem and related equipment (the "Hardware").
You also must provide the type of telephone service and Online access service
required by the Hardware and the Software. You are and will remain solely
responsible for the purchase, hook-up, installation, loading, operation and
maintenance of the Hardware, telephone service, and the Online access service
to your PC, and for all related costs.
2. Virus Protection. Community Bank is not responsible for any
electronic virus or viruses that you may encounter. We encourage our customers
to routinely scan their PC and diskettes using a reliable virus product to
detect and remove any viruses. Undetected or unrepaired viruses may corrupt and
destroy your programs, files and even your hardware. Additionally, you may
unintentionally transmit the virus to other computers. You are solely
responsible for scanning the Hardware and the Software for computer viruses and
other related problems before you use them.
3. The Accounts and Services. You agree to use our Online Banking Service
solely for the services described in this Agreement and designated by you in the
Application or subsequently designated by you as provided in Section 6, and
solely in connection with each deposit account (collectively, the "Deposit
Accounts") and each loan account (collectively, the "Loan Accounts") held by the
Bank and designated by you in the Application or subsequently designated by you
(collectively, the "Accounts"), except as otherwise expressly permitted by us
from time to time. You may add or delete any account for which you are a
depositor, borrower, authorized signer, or authorized user, and you may add or
delete Online Banking Services selected by submitting a Change Request on our
"Online Banking Application and Enrollment Form".
4. PASSWORD; Confidentiality of PASSWORD. All Online Banking Service
transactions or inquiries must be initiated by use of your User ID and password
(the "PASSWORD"). We will assign you a User ID and PASSWORD after we have
accepted your Application. UPON YOUR RECEIPT OF YOUR USER ID AND INITIAL
PASSWORD, YOU HEREBY AGREE TO CHANGE YOUR PASSWORD TO A CONFIDENTIAL ONE OF YOUR
CHOOSING. To change your PASSWORD, select Administration, Change PASSWORD,
and then enter and submit the required information. You may
change your PASSWORD from time to time following this procedure. It is
recommended that you do not use your social security number, birthdays, names,
or other codes that may be easy for others to determine as your PASSWORD. No
Bank employee will ever ask for your PASSWORD, nor should you provide it to
anyone unless you intend to allow that person access to your Accounts. YOU AGREE
TO KEEP YOUR PASSWORD CONFIDENTIAL. USE OF THE PASSWORD BY YOU OR BY ANY OTHER
PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN
SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED
THROUGH OUR ONLINE BANKING SERVICE. You agree that any Online Banking
Service transaction or request initiated by use of the PASSWORD will be subject
to and governed by this Agreement.
If you authorize another person to use your PASSWORD, that person can use the
Online Banking Service to view any information or initiate any transaction on
any of the Accounts to the same extent as you, including viewing information or
initiating transactions on Accounts to which that person does not otherwise have
access. As such, your sharing of your PASSWORD is strongly discouraged by the
Bank, and done at your sole risk and peril. If a third party should gain access
to your PASSWORD, you alone are responsible for changing the PASSWORD so as to
deny the third party's access to your banking information. Given the electronic
nature of these transactions, the Bank shall have no liability to you in the
event a third party should gain access to your PASSWORD through no fault of the
Both consumer and commercial account Online Banking Service users have the
option of adding secondary users to any account. As the primary account holder
or signer, you are responsible for adding, deleting and granting rights to a
secondary user. This allows you, the account holder, control of the functions
that a secondary user has access. CB will not be responsible for adding,
deleting or editing any secondary user. As the primary account holder or signer,
you are responsible for any transactions completed by any secondary user.
Never leave your computer unattended while accessing the Online Banking
Service. If you should, a third party may be able to access your Accounts from
your terminal, without ever needing to use your PASSWORD. You should always exit
the Online Banking Service completely after you finish viewing your Accounts
or conducting other transactions. To completely exit the Software, you must
select the "Log Off" option, which will bring you back to the home page of our
website. Failure to do so will have the same effect as leaving your computer
unattended while still logged on to the Service.
5. Business Days. Business days for the Bank and for our Online Banking
Service are Monday through Friday, excluding holidays. You may access the
Accounts through our Online Banking Service 24 hours a day, seven days a week,
except that Community Bank and its Service Provider may perform regular
maintenance on systems and equipment, which may result in errors or interrupted
service. We may also find it necessary to occasionally change the scope of our
services. Community Bank cannot guarantee that we will be able to provide notice
of such interruptions and changes, although we will attempt to provide such
notice when warranted.
6. Online Banking Service. You may use our Online Banking Service to perform
any of the following services on your Accounts, as designated by you in the
Application or subsequently added by you:
A. To transfer funds between any Deposit Accounts, such as checking, savings or
money market deposit accounts;
B. Request loan payments by transferring funds from any of your Deposit Accounts
to any of your Loan Accounts;
C. To receive and download balance and transaction information for your
D. To pay bills electronically from a Deposit Account that is a checking account
with unlimited check-writing privileges;
E. To reorder checks of the same style and containing the same information as
your previous order;
F. To request Stop Payments on checks; and
G. To transmit e-mail to the Bank.
Subject to all other terms disclosed in this Agreement and in the Software, and
subject to certain exceptions provided for therein, the following daily cut-off
times shall apply for transactions to be processed on the same business day:
Type of Transaction Cut-Off Time
Transfers between Deposit Accounts 6:00 p.m. C.S.T.
Transfers to make Loan Payments 6:00 p.m. C.S.T.
Bill payments 3:00 p.m. C.S.T.
Stop payments 6:00 p.m. C.S.T.
ACH Originations 3:30 p.m. C.S.T.
Mobile Check Deposit 5:00 p.m. C.S.T.
These services are available as described in this Agreement and provided for in
the Software. As used in this Agreement, the term "electronic fund transfer" has
the meaning provided for that term in Regulation E and includes, without
limitation, a bank transfer or bill payment (other than a bill payment made by
check or other paper item), as these terms are defined below.
7. Transfers to and from Accounts.
A. Deposit Accounts. You may use our Online Banking Service to initiate
electronic fund transfers from one Deposit Account that is a checking, savings
or money market deposit account to any other Deposit Account that is a checking,
savings or money market deposit account, as provided in this Agreement. These
types of transactions are referred to in this Agreement as "bank transfers".
B. Loan Accounts. You may instruct us to transfer funds from your Deposit
Accounts to make payments on your Loan Accounts.
C. Authorization. You expressly authorize us to debit the appropriate Deposit
Account in the amount of any bank transfer initiated through our Online
Banking Service by you or by any other person who is authorized to use your
PASSWORD. You agree that we may treat any such bank transfer from a Deposit
Account the same as a duly executed written withdrawal, transfer, or check and
that we may treat any such bank transfer to a Deposit Account the same as a
deposit, all in accordance with the terms of this Agreement and your deposit
agreement(s) with us.
D. Limitations. Your ability to initiate bank transfers between Deposit Accounts
may be limited by federal law or by the terms of your deposit agreement with us.
Bank transfers from Deposit Accounts that are savings or money market deposit
accounts are limited as required by federal regulation. You agree that we may,
without notice or other obligation to you, refuse to make any bank transfer for
security reasons or as otherwise expressly provided in this Agreement or your
deposit agreement with us.
E. Time of bank transfers; posting; funds availability. Generally, if you
initiate a bank transfer of available funds between Deposit Accounts on or
before 6:00 p.m. Central Standard Time (C.S.T.) on a business day, the bank
transfer will be posted on the same business day. Bank transfers initiated after
6:00 p.m. C.S.T. on a business day or on weekends and holidays will be posted on
the next business day. Bank transfers to make payments to Loan Accounts must be
initiated by 6:00 p.m. C.S.T. on a business day in order to be processed on the
same business day. Transferred funds will be available for withdrawal on the same
business day that the bank transfer is posted by the Bank.
8. Account Information. You may use our Online Banking Service to receive,
download, store and print information that is routinely set forth in the
statements for the Account, such as debits and credits made to the Account,
amounts and item numbers for items drawn on the Account, and Account balances.
Updated Account balances and transaction information will normally be available
by 8:00 a.m. C.S.T. Account information and current balances provided via our
Online Banking Service will be current as of the end of the preceding business
day. Available balances may reflect bank transfers or other transactions made
since the end of the preceding business day, and are subject to further
adjustment and correction. Because the information made available to you is "raw
data" furnished through the Service Provider and is subject to change, we cannot
assure you of the accuracy or completeness of the information and expressly
disclaim the same. You will still receive your usual periodic statement of
account ("Bank Statement") for each checking, savings, and money market deposit
account maintained with the Bank. Your Bank Statement remains the bank's
official record of your account balances and activity.
9. Bill Payment Service.
A. Payment Accounts. If you have enrolled in the optional bill payment service,
you may use our Online Banking Service to initiate payments from any Deposit
Account that is a checking account with unlimited check-writing privileges (a
"Payment Account") to pay obligations owed to certain third parties in the
United States (the "Payees"). These types of transactions are referred to in this
Agreement as "bill payments".
B. Payee Information. You may set up and maintain Payee information on the
Online Banking Software and initiate payments to them at your discretion.
Payees may be selected from the Pay Someone New box within the Online Banking
Software or entered manually by you if the payee is not found. Once added, your
Payee(s) will remain on the Software to facilitate future bill payments.
You may edit or delete Payees as needed. Each individual bill payment must be
initiated by you.
It is critical that accurate Account Number information be entered for each
Payee that you add. You may enter your name in the Account Number
Field in addition to your Account Number for that Payee. If you do not have an
account number with a particular Payee, you should enter your name in the
account number field so that the Payee will know that the payment was made on
C. Payment method. Payments to Select Merchants are made electronically through
the Automated Clearing House system. Payments to all other vendors are made by
check mailed to the address input by you into the system; therefore, it is
critical that accurate Name and Address information be entered and maintained by
D. Authorization. You agree that we may treat any bill payment that was
initiated through our Online Banking Service by you or by any other person who
is authorized to use your PASSWORD the same as your duly executed written
payment order or check, all in accordance with the terms of this Agreement and
your deposit agreement with us.
E. Time of bill payments. The Online Banking Software calls for a payment date
(the "Payment Date") to be entered by you for each bill payment. The Payment
Date is the date that the Bank will initiate the processing of the payment and
debit your designated Deposit Account. Bill payments with a current Payment Date
must be initiated by 3:00 p.m. C.S.T. on a business day in order to be processed
the same day. Otherwise, the actual Payment Date will be the next business day.
Bill payments may be entered with a future Payment Date. If the Payment Date
entered is not a business day, the Delivery Date will be deemed to be the
business day following the date entered.
F. Returned or rejected bill payments. If a bill payment is returned or
rejected, whether by the Bank, the Service Provider or any third party
(including, without limitation, an intermediary bank or the Payee's bank), we
will notify you and you will be solely responsible for re-initiating the bill
payment. You agree to furnish to the Bank such information as it may request to
resolve any error or inquiry arising out of your initiation of any bill payment.
G. Stop Payment Requests. Electronic payments can take up to two (2) business
days to reach the destination for payees who can accept electronic payments and
up to five (5) business days following the scheduled due date if the payee is paid
by paper draft check. The ability to process a stop payment request will depend on
the payment method used to make the payment and the elapsed time since the payment
was processed. You will be charged a Stop Payment Fee of $25.00 for each Stop Payment
A Stop Payment order may be issued on a PAPER DRAFT CHECK drawn from your funding
account, provided the draft check has not cleared your account. You may request
a stop payment at any Community Bank Branch, by phone, or via “Other Services”
within Online Banking. If you make your request to a Community Bank representative
by phone or within Online Banking, you may then be asked to confirm the
request in writing within fourteen (14) days. A written stop payment order is
effective for six (6) months only, and will expire automatically at that time
unless specifically renewed by you in writing.
You may edit or cancel a preauthorized Electronic bill payment at any time before
the payment is in process without additional cost.
IMPORTANT NOTE: Payment CANNOT be stopped on an ELECTRONIC PAYMENT (EFT/ACH) once
it has gone into process in Bill Pay Manager. Attempting to “Stop” an Electronic
payment after the payment has been processed could result in your Bill Pay Manager
account being suspended and/or blocked, pending payments being cancelled, and the
possible assessment of additional fees.
10. Mobile Banking Service
Community Bank's Mobile Banking Service allows you to manage your financial
information, view balances, transfer funds, make bill payments, and make mobile
deposits. Additional services may be offered in the future. Any added services
will be governed by this agreement, and by any terms and conditions provided
at the time the new service or feature is added.
B. REGISTRATION AND ACTIVATION
In order to access Community Bank's Mobile Banking Service, you must have a mobile
or other handheld device that can send and receive information including SMS text
capability, through a carrier service using the technology that supports Mobile
Banking. Mobile Banking may not be available through all mobile service providers
and carriers, and some mobile phones and other wireless devices may not be
supported. You understand and agree that the telecommunication carriers may
modify the supported mobile devices at any time. Community Bank shall not be liable
to you for your failure to access or use Mobile Banking due to such modifications.
In order to start using Community Bank's Text Banking Service, you must first
activate your phone. You may do this by logging in to your online banking
account and following the links for Mobile Banking.
You also accept responsibility for making sure you understand how to use Mobile
Banking before you actually do so. You also accept responsibility for making sure
that you know how to properly use your mobile device as it may change from time
to time. Community Bank may change or upgrade our Mobile Banking Service at any
time, and you are responsible for understanding how to use Mobile Banking as changed
Once you have registered for Community Bank's Mobile Banking Service, you will
use your same Online Banking login credentials to access your profile
from our mobile website or from our downloadable mobile app. You are responsible
for keeping your mobile device protected. You are responsible for any transfers,
bill payments, and deposits made using your mobile device. You agree to protect
your mobile device with a password, thumbprint recognition, or some other security
measure. You are responsible for protecting all your login credentials associated
with your account, and for monitoring your accounts on a regular basis. Community
Bank shall have no liability to you in the event a third party should gain access to
your mobile device.
D. THIRD PARTY FEES
This Agreement has no affect on any agreements you may have with any unaffiliated
service providers, including, but not limited to, your telecommunications provider.
These agreements you may have may provide you with fees, limitations, and other
restrictions that may impact your use of Community Bank's Mobile Banking Service,
and you agree to be solely responsible for all such fees, limitations and
E. TRANSFERS & BILL PAYMENTS
You will have the capability to submit transfers and pay bills from accounts you
have been given access to. These transactions will follow the normal processing
guidelines as if you were to login to Online Banking and make them there. You
will not be able to create scheduled or recurring transfers, nor will you have
the ability to add new payees to bill pay. To do this, you will need to login
to Online Banking.
F. MOBILE CHECK DEPOSIT
i. Mobile Check Deposit. Community Bank's Mobile Banking Service allows
you to deposit checks to your checking, savings, or money market accounts
from home or other remote locations by capturing photos of checks using
camera phone capability and delivering the images and associated deposit
information to us. New bank customers will not be eligible for Mobile
Check Deposit until their account(s) has been opened for 60 days.
ii. Fees. A fee may be charged for Mobile Check Deposit. We may change
the fees for use of the Mobile Check Deposit Service at any time.
iii. Items eligible for deposit. You agree to only deposit items that are
defined as "checks" in the Federal Reserve Board Regulation CC (Reg CC),
and only those items permissable under these terms and conditions. You agree
that the image of the check transmitted to us shall be deemed an "item"
within the meaning of Articles 3 and 4 of the applicable Uniform Commercial
The following items are ineligible to be deposited using the Mobile Check
Deposit Service, and you agree you will not scan and deposit any of these
Checks payable to any person or entity other than the person or
entity that owns the account into which the check is being deposited.
Checks that appeared to have been altered or otherwise tampered with.
Checks you know or suspect are fraudulent.
Checks payable jointly, unless deposited in an account in the name of
Checks converted to substitute checks as defined by Reg. CC.
Checks payable in foreign currency.
Checks dated more than six months prior to date of deposit.
Remotely created checks as defined by Reg. CC.
Checks payable on sight or payable through draft as defined by Reg. CC.
Checks without a restrictive endorsement. (See Endorsements)
Checks that have been previously submitted through Community Bank's
Mobile Check Deposit Service or through a remote deposit service of
another financial institution.
Checks with Stop Payments.
Checks drawn from accounts with insufficient funds.
iv. Endorsements. Community Bank will only accept deposits with special
restrictive endorsements. That endorsement should read: "For mobile deposit
only at Community Bank (Payee Name) (Account Number)". Any checks
made payable to multiple parties will be endorsed by each of the other parties
prior to you putting on the special restrictive endorsement. Any check missing
the required endorsement and/or not signed by each party may be rejected.
v. Community Bank's receipt of items. We reserve the right to reject any item
transmitted through our Mobile Check Deposit Service, at our discretion,
without liability to you. We are not responsible for any items we do not
receive or for images that are dropped during transmission. An image of an
item shall be deemed received when you receive confirmation from us that we
have received your deposit. This confirmation does not mean your deposit is
complete or will be considered a deposit and credited to your account. We
further reserve the right to charge back to your account at any time, any item
that we subsequently determine was not an eligible item. You agree that we
are not liable for any loss, costs, or fees you may incur from a chargeback
vi. Funds availability. You agree that funds deposited through Community Bank's
Mobile Check Deposit Service are not subject to the funds availability
requirements of Reg. CC. Any items deposited before 5:00 pm CST on a business
day that we are open, will be considered the day of your deposit. Any items
deposited after this time will be a next business day deposit. Funds will
generally be available the next business day after the day of deposit. However,
we may delay the availability of these funds for a longer period under certain
vii. Check Retention and Disposal. After you have received deposit confirmation
from us that your deposit has been accepted and approved, and you have verified
the funds have properly credited your account, you agree to prominently mark the
item as "Electronically Presented" or "VOID" to ensure that it is not represented
for payment. You further agree to securely store each original check that you deposit
using Mobile Check Deposit for a period of ninety (90) days after transmission to us
in order to verify settlement and credit or to balance periodic statements. After
this period, you will destroy the original item. You understand and agree that you
are responsible for any loss caused by your failure to secure the original checks.
You agree to never represent a check. During the retention period, you will promptly
provide any retained check, or a sufficient copy of front and back of the check,
to us as requested to aid in the clearing and collection process, to resolve claims
by third parties with respect to any check, or for our audit purposes. If you are
unable to provide a sufficient copy of the front and back of the check, you will be
liable for any unresolved claims by third parties.
viii. Limits. We have limits established on dollar amounts and number of items
you may deposit. If you initiate a deposit larger than these amounts, we
may reject the deposit.
ix. Errors. You agree to notify us of any errors regarding deposits made through
Community Bank's Mobile Check Deposit Service. This notification shall take
place within 30 calendar days after your Community Bank account statement is
made available to you. If you do not notify us within 30 calendar days, all
deposits will be deemed correct, and you are prohibited from bringing a
claim against us for such alleged error.
x. By using Community Bank's Mobile Check Deposit Service, you accept the risk
that items may be intercepted or misdirected during transmission. Community
Bank bears no liability to you or others for any such intercepted or
misdirected items or information disclosed through such errors.
xi. Image quality. All images transmitted must be clear and legible, as
determined in our sole discretion. The image quality of items must comply with
the requirements established by Community Bank, the American National Standards
Institute, the Board of Governors of the Federal Reserve Board, or any other
regulatory agency, clearinghouse or association.
xii. User Warranties and Indemnification. You warrant to Community Bank that:
a. You will only transmit eligible items.
b. You will not transmit duplicate items.
c. You will not re-deposit or represent an original item.
d. You will make a back-up copy of any item you submit
e. All information you provide to Community Bank is true and accurate.
f. You will comply with these terms of agreement and all applicable rules,
laws, and regulations.
g. You are not aware of any factor that may impair collectability of
You agree to indemnify and hold harmless Community Bank from any loss for breach of
this warranty provision.
xiii. Cooperation and Investigations. You agree to cooperate with us fully in the
investigation of any unusual transactions and resolutions of any customer claims.
G. Mobile Banking Limitations
It is important to know that the following limitations may exist with your use of
Community Bank's Mobile Banking Service:
Account balances may change at anytime as we process items and fees against your account,
and account information on Mobile Banking may quickly become outdated.
Your access may be limited by your mobile service provider.
Not all of our Mobile Banking features are available in all platforms. The Mobile Check
Deposit Service is only available with our downloadable applications.
Community Bank nor any of our service providers assume responsibility for the operations,
security, functionality or availability of any mobile device or mobile network which you
utilize to access Community Bank's Mobile Banking Service. Community Bank nor any of our
service providers will be liable for any damages arising from non-delivery, delayed
delivery, or improper delivery of any information through Mobile Banking, from inaccurate
information provided by you.
Community Bank will not be responsible for any losses caused by your failure to properly
use our Mobile Banking Services, or any losses resulting if your mobile device is lost
H. Additional Usage Obligations
When you use Community Bank's Mobile Banking Service to access your accounts, you agree
to the following terms:
i. Account Ownership/Accurate Information. You represent that you are the legal
owner of or have been granted the proper authorization to the accounts you
access through our Mobile Banking Service. You represent and agree that all
information you provide to us for the purpose of using our Mobile Banking Service
is correct. You agree to not misrepresent your identity or your account information,
and you agree to keep your account information up to date and accurate.
ii. Proprietary Rights. You are permitted to use content delivered to you through
our Mobile Banking Service only in connection with your proper use of Mobile
Banking. You may not copy, reproduce, distribute, or create derivative works
from this content.
iii. User Conduct. You agree not to use Community Bank's Mobile Banking Service
or the content or information delivered through Mobile Banking in any way that
would 1) infringe any third-party copyright, patent, trademark, trade secret,
or other proprietary rights or rights of publicity or privacy including any
rights in Mobile Banking software 2) be fraudulent or involve the sale of
counterfeit or stolen items, including, but not limited to, use of Mobile
Banking to impersonate another person or entity, 3) violate any law, statute,
ordinance or regulation (including but limited to, those governing export control,
consumer protection, unfair competition, anti-discrimination or false
advertising), 4) be false, misleading or inaccurate, 5) create liability for us
or our affiliates or service providers, or cause us to lose (in whole or in part)
the services of any of our service providers, 6) be defamatory, trade libelous,
unlawfully threatening or unlawfully harrassing, 7) potentially be perceived as
illegal, offensive or objectionable, 8) interfere with or disrupt computer networks
connected to Mobile Banking, 9) interfere with or disrupt the use of Mobile Banking
by any other user, 10) result in unauthorized entry or access to the computer
systems or networks of others; 11) send unsolicited electronic messages.
iv. Safeguards. You agree to take every precaution to ensure the safety, security
and integrity of your accounts and transactions when using Mobile Banking. You
agree not to leave your mobile device unattended while logged into Community
Bank's Mobile Banking Service and will log off immediately when done using the service. You
agree to not provide your password or other login credentials to any other person.
If you do, we will not be liable for any damage caused to you. You agree to notify
us immediately if you lose, or change or cancel your number to your mobile device,
or if your mobile device is stolen. You agree to notify us immediately if you
believe someone has gotten unauthorized access to your accounts. You agree to comply
with all applicable laws, rules and regulations in connection with Mobile Banking.
I. Exclusions of Warranties; Limitation of Liability; Indemnification
Limitations of Community Bank's liability are described in the Deposit Account Agreement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF COMMUNITY BANK'S MOBILE BANKING SERVICE
IS AT YOUR SOLE RISK. OUR MOBILE BANKING SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR
MOBILE BANKING SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. COMMUNITY BANK
IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE.
COMMUNITY BANK MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY,
RELIABILITY, OR CURRENCY OF ANY THIRD PARTY INFORMATION OR DATA THAT YOU OBTAIN THROUGH
THE USE OF OUR MOBILE BANKING SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM COMMUNITY BANK WILL CREATE ANY WARRANTY OR REPRESENTATION NOT
EXPRESSLY STATED IN THIS AGREEMENT.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF COMMUNITY BANK'S
MOBILE BANKING SERVICE SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO
CORRECT THE APPLICABLE MOBILE BANKING SERVICE. Some jurisdictions do not allow the
exclusion of certain warranties, so the above exclusion may not apply to you. You may
also have other legal rights, which vary by state.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND US, OUR OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, AND SERVICE
PROVIDERS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES
AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY FEES) CAUSED BY OR
ARISING FROM YOUR USE OF COMMUNITY BANK'S MOBILE BANKING SERVICE BY ANY OF YOUR CO-
DEPOSITORS OR ANY OTHER PERSON WHOM YOU HAVE PERMITTED TO USE OUR MOBILE BANKING
SERVICE, YOUR BREACH OF THIS AGREEMENT, YOUR INFRINGEMENT, MISUSE OF ANY INTELLECTUAL
PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, AND/OR YOUR COMMISSION OF FRAUD OR ANY
OTHER UNLAWFUL ACTIVITY OR CONDUCT.
i. You agree Community Bank may collect information about your mobile device, system
and application software in conjunction with you using our Mobile Banking Service.
ii. We reserve the right to block or delete your Mobile Banking access if we or our
Mobile Banking Service provider have reason to believe you are misusing
the service or not complying with these terms and conditions.
iii. For assistance with Our Mobile Banking Service, please visit
www.communitybanktopeka.com or call us at 785-440-4400.
iv. You are responsible for upkeep and maintaining your mobile device. Community
Bank does not provide internet or cellular connectivity services.
v. Community Bank shall not be liable for any failure to perform its obligations under
this agreement due to the occurence of an unforeseen event or disaster.
11. Electronic Mail Service. You may use our Online Banking Service to send
secure messages to us and to receive secure messages from us. The secure messaging
service may not be used to make bank transfers between accounts or to make bill
payments from an account. Messages transmitted by you to us via our Online
Banking Service often will not be delivered to us immediately. If you need to
contact us immediately to stop payment, to report an unauthorized use of your
PASSWORD, to report unauthorized access to an account, or for any other reason,
you should call us at (785) 440-4400. We will not be responsible for acting on
or responding to any secure message request made by you until we actually receive
your secure message and have a reasonable opportunity to act.
12. Additional Service. We may, from time to time, make additional services
available through our Online Banking Service. Our notification may be in the
form of information posted on our website. We will notify you of the
availability and terms of these new services. By using these additional services
when they become available, you agree to be bound by this Agreement and any
additional instructions, procedures and terms provided to you with respect to
each of these new services.
13. Fees and Charges. Access to our Online Banking Service is currently
available at no additional charge to you. The Personal Bill Payment feature has no
monthly fee or transaction limit fee. If you enroll in the Bill Payment service,
you agree to pay any fees associated with returned payments due to insufficient
funds, and you authorize us to automatically debit your Checking Account.
Applicable fees are non-refundable charges for the preceding calendar month.
There may be other costs and charges associated with your accounts.
14. Errors and Adjustments. We agree to correct any error made in crediting or
debiting any Account by making the appropriate adjustment to the applicable
Account. You agree to repay promptly any amount credited to your account in
error, and you authorize us to initiate a debit transfer from any of your
Accounts to obtain payment of any erroneous credit.
15. Account Reconciliation. The Deposit Account statements or other notices
provided to you by us will notify you of (a) the execution of bank transfers or
bill payments and the debits and/or credits to the Deposit Accounts made with
respect to such bank transfers and bill payments, and (b) amounts debited by the
Bank from your Accounts for payment of the services or other charges pursuant to
this Agreement. You agree that we will not be required to provide any other
notice to you of the execution of bank transfers, bill payments, or debits. You
agree to promptly examine each statement for a Deposit Account and to promptly
report any discrepancies between your records and the Deposit Account statements
or any other notices mailed by the Bank to you, as provided in Section 19.
16. Settlement of Obligations. To the fullest extent permitted by applicable
law, you authorize us to obtain payment of your obligations to us under this
Agreement from time to time by (a) initiating debits to any of the Accounts or
(b) deducting the payment from the amount of any bank transfer or bill payment.
Such obligations include, without limitation, fees owed to us and settlement for
bank transfers or bill payments initiated through our Online Banking Service.
At the time any account is closed (whether by you, by us, or otherwise) or any
Online Banking Service is terminated (whether by you, by us, or otherwise),
you agree that all such obligations will be immediately due and payable to us,
and you authorize us to withhold the amount of any such obligations from any
Account. Debiting an Account or deducting payment from the amount of any bank
transfer or bill payment is not the Bank's exclusive remedy under this or any
other section of this Agreement, and the Bank will not be deemed to have made an
election of remedies by making any such debit or deduction on any one or more
17. Bank's Liability for Failure to Make or Stop Certain Electronic Fund
If we do not complete an electronic fund transfer to or from a Deposit Account
in a reasonable amount of time or in the correct amount according to our
agreement with you, we will only be liable for your direct losses or actual
damages, except in the following instances:
• If, through no fault of ours, you do not have enough money in the Deposit
Account to make the transfer.
• If you have not completely and properly followed the terms of this Agreement
or instructions provided by the Software regarding how to make the transfer.
• If any data or instruction transmitted via our Online Banking Service are
inaccurate or incomplete.
• If you do not initiate the transfer according to the time limits set forth in
• If the transfer has been made from the Deposit Account to a third party.
• If the Hardware, the Software, the Service Provider, or any part of our
Online Banking Service system, including the bill payment service, was not
working properly and you knew about the breakdown when you started your
electronic fund transfer.
• If circumstances beyond our control, such as a natural disaster, failure,
delay, or error on the part of any third-party service provider (including,
without limitation, the Service Provider, the United States Postal Service or
any other delivery service), power outage, difficulty with telephone or cable
lines or satellite communications, difficulty with any Hardware, the Software,
or the Service Provider, computer virus or related problem, or cessation of the
operation of the Service Provider or the arrangement between the Bank and the
Service Provider, prevent or delay the electronic fund transfer, despite
reasonable precautions that we have taken.
• If your funds are being held or frozen or are subject to legal proceedings.
• If the funds in the Deposit Account are unavailable (funds are only
conditionally credited until they become available for withdrawal).
• If your PASSWORD has been reported lost or stolen or if we have any other
reason to believe that the transfer may be erroneous or unauthorized.
• If you, any joint holder, or an authorized cosigner on a Deposit Account has
requested that we stop payment of the transfer.
• If you have exceeded the limitations on the number of withdrawals or transfers
allowed during the statement period for the type of Deposit Account you have
with us (e.g., certain types of savings and money market deposit accounts).
• If the Deposit Account has been closed.
• If we do not receive the necessary transfer information from you or any third
party, or if such information is incomplete or erroneous when received by us.
• There may be other exceptions stated in this or any other applicable agreement
that we may have with you.
18. Limits on Bank's Liability. Our liability for electronic fund transfers made
to or from Deposit Accounts is also governed by Sections 17 and 19 of this
Agreement. If any provision herein is inconsistent with any provision of Section
17 or Section 19 or any provision of applicable law that cannot be varied or
waived by agreement, the provisions of those Sections or applicable law shall
control. To the fullest extent permitted by applicable law, you agree that we
will have no liability whatsoever for any loss, damage, or claim arising out of
any delay or failure in the performance of any Community Bank Online Banking
Service in accordance with the terms of this Agreement, including but not
limited to, that resulting from our negligence. Our duties and responsibilities
to you are strictly limited to those described in this Agreement, except with
respect to any provisions of the law applying to electronic fund transfers that
cannot be varied or waived by agreement. In no event will the Bank be liable for
any consequential, special, or punitive damages or for any indirect loss that
you may incur or suffer in connection with the service (even if the Bank has
been informed of
the possibility of such damages), including, without limitation, attorneys fees.
The Service Provider is an independent contractor and not the Bank's agent. The
Bank's sole duty shall be to exercise reasonable care in the initial selection
of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A
PARTICULAR PURPOSE, IS MADE BY THE BANK WITH RESPECT TO ANY COMMUNITY BANK
ONLINE BANKING SERVICE OR THE SOFTWARE, AND THE BANK HEREBY DISCLAIMS ALL SUCH
WARRANTIES. To the fullest extent permitted by applicable law, and without
limiting the generality of the foregoing, the Bank shall not be liable at any
time to you or any other person for any loss, charge, fee, penalty, expense or
other damage resulting from any failure or delay of the performance of the
bank's responsibilities under this Agreement which is caused or occasioned by
any act or thing beyond the Bank's reasonable control, including, without
limitation, legal restraint, interruption of transmission or communication
facilities, equipment failure, electrical or computer failure, war, emergency
conditions, natural disasters, fire, storm, or other catastrophe, or inability
to obtain or delay in obtaining wire services or internet access, or refusal or
delay by the Service Provider or another bank or financial institution to
execute any bank transfer or bill payment. In addition, the Bank shall be
excused from any failure or delay in executing a bank transfer or bill payment,
if such execution would result in the violation of any applicable state or
federal law, rule, regulation or guideline. To the fullest extent permitted by
applicable law, you agree that the Bank shall not have any liability whatsoever
for any loss caused by the act, error, or omission of you or any other person,
including, without limitation, the Service provider, any internet access service
provider, any Federal Reserve Bank or transmission or communications facility or
any intermediary or receiving financial institution, and no such person shall be
deemed the Bank's agent.
19. Your Liability for Unauthorized or Erroneous Transfers. To the fullest
extent permitted by applicable law, you agree to be responsible for all
unauthorized or erroneous transactions initiated through our Online Banking
Service. You have the obligation to immediately notify the Bank if your PASSWORD
has been lost or stolen, or if someone has transferred funds from your account
through our Online Banking Service without your permission (or is
contemplating to do so). The following provisions of this Section apply only to
your liability for unauthorized electronic fund transfers. An "unauthorized
electronic fund transfer" means an electronic fund transfer from a Deposit
Account that is initiated by another person without your authority to initiate
the electronic fund transfer(s) and from which you receive no benefit. The term
does not include any Community Bank Online Banking Service electronic fund
transfer that is initiated by a person to whom you furnished your PASSWORD,
unless you have notified us that electronic fund transfers by that person are no
longer authorized and we have had reasonable opportunity to act on that
notification. We may require that the notice be in writing. You could lose all
the money in your Deposit Account, some or all of the money in any linked
account, or up to your maximum overdraft line of credit (if applicable), if you
fail or refuse to immediately advise the Bank of the unauthorized use of your
PASSWORD. If your statement shows electronic fund transfers that you did not
make, tell us at once. If you do not tell us within sixty (60) calendar days
after we mailed to you the FIRST statement on which the problem or error
appeared, you shall not be entitled to assert a claim against the Bank, nor be
entitled to any damages from the Bank, as to said unauthorized transfers. This
sixty (60) day limitation is without regard as to the standard of care exercised
by the Bank. If you believe your PASSWORD has been lost or stolen or that
someone has transferred or may transfer money from a Deposit Account without
your permission, call: (785) 440-4400.
Attn: Operations Department
P. O. Box 4876
Topeka, Kansas 66604
20. Rejection of Payment Orders; Overdrafts. You acknowledge that the Bank or
the Service Provider may from time to time, in its sole discretion, reject any
bank transfer or bill payment request (any "payment order") or return any bank
transfer or bill payment (a) if there are insufficient or unavailable funds in
the Deposit Account or the Deposit Account has been closed or is frozen, (b) if
the payment order does not conform to the terms of this Agreement or the
Software, or (c) if the payment order appears to be a duplicate, but neither the
Bank nor the Service Provider is under any obligation to recognize that a
payment is a duplicate and you should not rely on the Bank or the Service
Provider to do so. If a payment order is rejected or a bank transfer or bill
payment is returned, either the Bank or the Service Provider will notify you and
you will have the sole obligation to remake the payment order in accordance with
the terms of this Agreement and the Software. The Bank or the Service Provider
may from time to time, in its sole discretion and without any obligation to do
so, execute any payment order or make any bank transfer or bill payment even
though an overdraft to the account results. To the extent permitted by
applicable law, you agree that neither the Bank nor the Service Provider will
have any liability whatsoever for refusing to accept any payment order or
rejecting or returning any bank transfer or bill payment. If an overdraft occurs
in a Deposit Account, you agree to cause sufficient available funds to pay the
amount of the overdraft to be deposited into or credited to the Deposit Account
before the end of that business day. Any overdraft existing at the close of a
business day is immediately due and payable without notice or demand.
21. Disclosure of Deposit Account Information to Third Parties. You agree that
we may from time to time, under the following circumstances, disclose to third
parties information about your Deposit Account or the transactions that you make
through our Online Banking Service:
A. Where it is necessary for completing bank transfers or bill payments or
providing any other service in connection with our Online Banking Service; or
B. In order to verify the existence and condition of your Deposit Account for a
third party, such as a credit bureau or merchant; or
C. In order to comply with government agency or court orders; or
D. If you give us your written permission.
22. Other Agreements; Severability; Governing Law. The terms and conditions of
this Agreement are cumulative with and in addition to any terms of the signature
cards or account agreements for your Deposit Account(s), the applicable account
disclosures, the Fee Schedule, the Schedule of Funds Availability, the Bank's
Electronic Fund Transfer Agreement and Disclosure Statement, the agreements
governing the Loan Accounts, and the Application, all as may be amended from
time to time. In the event of any conflict between this Agreement and the
content of the Software or any related materials regarding the Bank's
obligations to you, the terms of this Agreement will control. If any provision
of this Agreement is unlawful or unenforceable, each such provision or writing
will be without force and effect without thereby affecting any other provision
hereof. No consumer protection provision of the federal Electronic Fund Transfer
Act or Federal Reserve Board Regulation E is intended to be waived by you under
this Agreement unless the waiver is permitted by law. The parties agree to be
bound by the operating rules and guidelines of the Automated Clearing House
Association and the applicable local automated clearing house association as in
effect from time to time with respect to all automated clearing house transfers
made hereunder. This Agreement will be governed by the substantive laws of the
United States, applicable federal regulations, and to the extent not
inconsistent therewith, the laws of the State of Kansas.
23. Amendments. We may amend this Agreement from time to time. Each amendment
will be effected by our mailing or otherwise delivering the amendment, revised
agreement and/or notice thereof to you in accordance with applicable federal and
state laws. If no federal or state law specifically governs the amendment, the
amendment shall be effected by mailing or otherwise delivering it to you or
posting it on our website or in our full-service branch offices at least ten
(10) calendar days prior to the effective date of the amendment. Notwithstanding
the foregoing and to the extent permitted by applicable law, we may change any
term of this Agreement without prior notice or obligation to you: (a) if the
Software or the Service Provider changes any term without providing us
sufficient notice to enable us to properly notify you; (b) for security reasons;
(c) to comply with applicable law; or (d) as otherwise expressly provided in
24. Termination. You agree that we may cancel or restrict your use of our
Online Banking Service or any component thereof at any time upon such notice
(including e-mail) as is reasonable under the circumstances. You may cancel our
Online Banking Service or any component thereof by written request to the Bank
at any time. If you cancel the bill payment service, all unprocessed payment
requests (those that have been delivered to the Bank and those still in Pending
Status) will be processed by the bank in accordance with this Agreement, unless
we are specifically requested by you to stop payment on any such items in
accordance with this Agreement.
25. Assignment. You may not assign all or any part of your rights or obligations
under this Agreement without our prior express consent, which may be withheld in
our sole discretion. We may assign or delegate all or any part of our rights or
obligations under this Agreement, including, without limitation, the performance
of the services described herein. This Agreement will be binding on and inure to
the benefit of the successors and assigns of either party.
26. No Third-Party Beneficiaries. This Agreement is for the benefit of you and
the Bank and is not intended to grant, and shall not be construed as granting,
any rights to or otherwise benefiting any other person, except as expressly
otherwise provided in this Agreement.
27. Ownership of Materials. The content and information on our website is the
property of Community Bank. It should not be duplicated or copied by any means.