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Citizens State Bank – Midwest

Agreement and Federal Disclosure

 This Agreement governs the use of Citizens State Bank – Midwest Internet Banking Service, jointly referred to as the “Service,” provided by Citizens State Bank - Midwest, also referred to as “Citizens State Bank – Midwest”. By using the Service to conduct transactions, you agree to the terms of this Agreement.
 
Definitions
 
As used in this Agreement, “account” and “accounts” mean the Citizens State Bank – Midwest account in which you are either the owner or joint owner. “Loan account” and “loan accounts” mean any loan you have with the Financial Institution. “You,” “your,” and “yours” mean the person(s) using the Service. “We,” “our,” “us,” and “Financial Institution” refer to the individual Financial Institution Citizens State Bank – Midwest that holds your accounts.
 
Deposit and Credit Agreements
 
The terms and conditions in this Agreement shall have priority and take precedence over any existing terms and conditions in existing account and loan agreements you have with us in the event of a conflict.
 
Required Equipment
 
In order to use the Internet Banking Service, you need a computer (in this Agreement, your computer and the related equipment are referred to together as your “Computer”) with a web browser (either Netscape Navigator 4.0 or higher, Microsoft Internet Explorer 4.0 or higher), a member number, and Internet Banking PIN. The PIN is the confidential personal identification number you use to access your account(s) through Internet Banking.
 
You are responsible for the installation, maintenance, and operation of your Computer, browser and the software. Citizens State Bank – Midwest is not responsible for any errors or failures from any malfunction of your Computer, the browser or the software. Citizens State Bank – Midwest is also not responsible for any Computer virus or related problems that may be associated with the use of an online system.
 
The Service
 
To use Internet Banking, you must have at least one Citizens State Bank – Midwest personal account and a Internet Banking PIN. Through Internet Banking, you will have access to any of your Citizens State Bank – Midwest deposit accounts or loan accounts. Citizens State Bank – Midwest reserves the right to deny access to a deposit account or loan account or to deny transactions under certain circumstances.
  
Description of Internet Banking
 
The Service allows you to perform some or all of the following functions from your Computer:
 
Online Account Access Functions and Limitations of Transfers
 
Easy and efficient, on line banking is the best way to save time and money.
 
Types of Transactions: You may access certain accounts(s) you maintain with us by computer using your assigned user ID and password by accessing the online banking service. You may use the online banking service to perform the following functions: 
  • Transfer funds between eligible accounts
  • Obtain balance information on eligible accounts
  • Review transactions on eligible accounts
  • Make loan payments
  • Online bill payment
  • Obtain copy of statement
  • Order checks
  • Transfers initiated through Online Banking before 2:00 p.m. (Central Standard Time) on a business day are posted to your account the same day.  Transfers completed after 2:00 p.m. on a business day, Saturday, Sunday or banking holiday will be posted on the next business day.
 
Limitations on Frequency and Amount:
 
For security purposes, there are limits on the frequency and amount of transfers you may make using this Online Banking Service.
 
i. Your ability to transfer funds between certain accounts is limited by federal law and the Deposit Agreement. You should refer to the Deposit Agreement for legal restrictions and service charges applicable for excessive withdrawals or transfers. Transfers made using the Internet Banking Service are counted against the permissible number of transfers described in the Deposit Agreement.
 
ii. There may be at least a one-business-day delay in transferring funds between your accounts. Except as provided in this Agreement, all Internet Banking transactions instructions received by 2:00 p.m. (Central Time) will be completed the same business day.
 
iii. Transactional information for your accounts will be available from Internet Banking for a maximum of three statement cycles from the date of inquiry.

 Bill Payment Services

If you enroll for Bill Payment, you can arrange for the payment of your current, future, and recurring bills from a designated Citizens State Bank- Midwest checking account. The maximum amount is $9,999.99 for a single transaction and $20,000.00 for a daily transaction total. You can pay any merchant or individual approved through Bill Payment, except federal, state and local tax agencies.
 
When Bill Payment receives payment instructions, payments will be remitted on your behalf from the funds in your designated Citizens State Bank-Midwest checking account. New payments, including any changes or cancellations of these new payments, must be entered by 12:30 p.m. (central time). Future dated or recurring payments may be edited or deleted until 12:30 p.m. (central time) the day before the scheduled payment date. Any payments made with Bill Payment require sufficient time to be processed. YOU MUST SCHEDULE YOUR PAYMENTS ACCORDING TO THE ESTIMATED TIME OF DELIVERY GIVEN BY THE BILL PAY SYSTEM. Citizens State Bank-Midwest shall not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges and late fees.
 
If there are insufficient funds in your designated Citizens State Bank-Midwest checking account on the payment date, we may either refuse to pay the item or may make the payment and thereby overdraw the account. If your payment request is not honored because of insufficient funds in your designated Citizens State Bank-Midwest checking account, no additional payments will be initiated from Bill Payment until your designated account is properly funded and dishonored items have been cleared. You are responsible for any loss or penalty that may occur due to a lack of sufficient funds and other conditions that may prevent the withdrawal of funds from your account.
 
Our Liability For Failure To Complete Payments Or Transfers
 
If we do not complete a payment or transfer on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are exceptions. We will NOT be liable, for instance:
 
  1. If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds, or if any payment or transfer would go over the credit limit of any account.
  2. If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
  3. If you have not given us complete, correct or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction, or if you do not properly follow our instructions, or if you provide us with wrong or inaccurate information, or fail to correct or tell us about any inaccuracy of which you are aware.
  4. If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it’s due.
  5. If the money in the account from which a payment or transfer is to be made is subject to legal process or if other claims restrict the transaction, or if circumstances or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken.
  6. If the failure was cause by an act of God, fire, or other catastrophe, or by an electrical or computer failure or by other causes beyond our control, or if we have a reason to believe that the transaction requested is unauthorized.
  7. For incidental or consequential damages.
 
Personal Identification Number and Security
 
Your Internet Banking personal identification number (PIN) is required to access Citizens State Bank – Midwest Internet Banking functions. You agree not to give or make available your PIN to any unauthorized individual. If you believe your PIN has been lost or stolen, someone has attempted to use the Internet Banking Service without your consent, your deposit account(s) or loan account(s) have been accessed, or someone has transferred money without your permission, you must notify Citizens State Bank - Midwest immediately. Citizens State Bank – Midwest does not maintain a record of your PIN. If you lose or forget your PIN, contact Citizens State Bank – Midwest immediately so that you may select a new confidential PIN.
 
Liability for Unauthorized Transfer
 
NORTH DAKOTA CUSTOMERS
Tell us AT ONCE if you believe your card, ATM PIN, POS card or PIN, Audio Response PIN, or online banking PIN has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days after you learn of the loss or theft of your card or code, you can lose no more than $50.00 if someone used your card or code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card or code, and we can prove that we could have stopped someone from using your card or code 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, including those made by card code or other means, tell us at once. If you do not tell us within sixty (60) days after the statement is mailed to you, you may not get back any money lost after the sixty (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 telling us, we will extend the time periods. If you believe that your card or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (877) 265-8484, or write us at Citizens State Bank – Midwest, P.O. Box 30, Cavalier, ND 58220. You should also call the number or write this address if you believe a transfer has been made using the information from your check without your permission.
 
 
MINNESOTA CUSTOMERS
Tell us AT ONCE if you believe your card, ATM PIN, POS card or PIN, Audio Response PIN, or online banking PIN has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within sixty (60) days after you receive a statement that shows any transfers that you did not make, you can lose no more that $50.00 if your card is lost or stolen and someone used your card without your permission. Also, if your statement shows transfers that you did not make, including those made by card code or other means, tell us at once. If you do not tell us within sixty (60) days after you receive the statement, you may not get back any money lost after the sixty (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 telling us, we will extend the time periods. If you believe that your card or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (877) 265-8484, or write us at Citizens State Bank – Midwest, P.O. Box 30, Cavalier, ND 58220. You should also call the number or write this address if you believe a transfer has been made using the information from your check without your permission.
 
Errors and Questions
 
In Case of Errors or Questions About Your Electronic Transfers. Telephone us at (877)265- 8484, or write us at Citizens State Bank – Midwest, P.O. Box 30, 307 Main St West, Cavalier, ND 58220 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
 
  • Tell us your name and account number (if any).
  •  Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  •  Tell us 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 determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days 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 credit your account.
 
If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card transactions, or foreign-begun transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
 
We will tell you the result within three (3) 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.
 
Data Recording
 
When you access Internet Banking to conduct transactions, the information you enter may be recorded. By using Internet Banking, you consent to such recording.
 
No Signature Required
 
When using Internet Banking to conduct transactions, you agree that the Financial Institution may debit your account to complete the transaction, or honor debits you have not signed.
 
Disclosure of Account Information to Third Parties
 
We will disclose information to third parties about your account or transfers you made:
 
  1. When it is necessary to complete the transfers; 
  1. In order to verify the existence and conditions of your account for a third party, such as a credit bureau or merchant; 
  1. In order to comply with a government agency or court order; or 
  1. If you give us written permission.
  
Charges
 
Your deposit accounts and loan accounts are subject to the fees, charges, balance requirements, etc. articulated in the Deposit Agreement and Loan Agreement.
 
Alterations and Amendments
 
The terms of this Agreement, applicable fees, and service charges may be altered or amended by Citizens State Bank – Midwest from time to time. In such event, Citizens State Bank – Midwest shall send notice to you either at your address as it appears on Citizens State Bank – Midwest’s records or by online notice through Internet Banking. Any continuation of Internet Banking after Citizens State Bank – Midwest sends you a notice of change will constitute your agreement to such change(s). Further, Citizens State Bank – Midwest may, from time to time, revise or update the Citizens State Bank – Midwest programs, services, and/or related material(s) rendering such prior versions obsolete. Consequently, Citizens State Bank – Midwest reserves the right to terminate this Agreement as to all such prior versions of the Citizens State Bank – Midwest's programs, services, and/or related material(s) and limit access to Citizens State Bank – Midwest more recent versions and updates.
 
Address Changes
 
You agree to promptly notify Citizens State Bank – Midwest, in writing, of any address change.
 
Termination or Discontinuation
 
The use of Internet Banking does not require enrollment on your behalf; therefore, termination of Internet Banking by you is done by not accessing or using the Service. However, any transactions or payment you have previously authorized will be completed as instructed. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.
 
Payee Limitation
 
Citizens State Bank – Midwest reserves the right to impose a frequency or dollar limit on or refuse to make any payment you have directed. Citizens State Bank – Midwest is obligated to notify you promptly if it decides to refuse to complete your payment instruction. This notification is not required if you attempt to make payments which are prohibited under this Agreement.
 
Disputes
 
In the event of a dispute regarding Internet Banking, you and Citizens State Bank – Midwest agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and Citizens State Bank – Midwest, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and Citizens State Bank – Midwest relating to the subject matter of this Agreement. If there is a conflict between what one of Citizens State Bank – Midwest employees says and the terms of this Agreement, the terms of this Agreement have final control.
 
Assignment
 
You may not assign this Agreement to any other party, Citizens State Bank – Midwest may assign this Agreement to any present or future, directly or indirectly, affiliated company. Citizens State Bank – Midwest may also assign or delegate certain of its rights and responsibilities under this agreement to independent contractors or other third parties.
 
No Waiver
 
Citizens State Bank – Midwest shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Citizens State Bank – Midwest. No delay or omission on the part of Citizens State Bank – Midwest in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
 
Captions
 
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
 
Governing Law
 
This Agreement shall be governed by the laws of the jurisdiction in which the Financial Institution is located and by applicable Federal laws and regulations.
 
Federal Disclosure
 
You agree to accept this disclosure online rather than a paper disclosure. We recommend you print the entire Agreement and Disclosure for your records. If you are unable to print this, please request a paper disclosure to be mailed to you.
 
 
 
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