Internet Banking Agreement
The enrollment process for Internet Banking at Bank of Winona is a
multi-step process. First you are required to read and agree to the
following terms and conditions. At the end of this document, you may
either accept (click on the "I AGREE" button) the agreement and continue
with your enrollment application or decline (click on the "I DO NOT
AGREE") the agreement and return to the online banking page.
Please read this agreement carefully and keep a copy for your
records. If you are unable to print this agreement and would like a hard
copy, please contact our Customer Service Department, at 662-283-3231.
This Internet Banking Agreement (this "Agreement") contains disclosures
and important information about the operation of the Bank of Winona
("BOW" or "Bank") Internet Banking System (the "System"). This Agreement
states the terms and conditions for online services offered by the Bank
and its impact on you and your accounts covered by the System. Please
read the provisions and keep this document for your records. When you
use, or you permit any other person(s) to use, Bank of Winona’s On-line
Internet Banking ("Online Services"), you agree to the terms and
conditions of this Agreement. These terms and conditions are in addition
to those that are contained in the deposit account agreement that you
received when opening your deposit account (the 'Deposit Account
Agreement'). If there is a conflict between the terms and conditions
contained in this Agreement and those contained in the Deposit Account
Agreement, or any other agreements between us relating to banking
products and services, including the schedule of fees and services, the
terms and conditions of this Agreement, as they relate to the Online
Services, will override.
"You", "your", or "customer" means each person who is authorized to use
the service. "Payee" means anyone, including the Bank, you designate and
the Bank accepts as a payee.
System Hours of Operation:
You may use the System 24 hours a day, seven days a week, although some
or all Online Services may not be available occasionally due to
emergency or scheduled system maintenance. We agree to post on the Bank
website notice of any scheduled extended periods of time that the system
will not be available.
Business Days of Bank of Winona:
For purposes of these disclosures, the Banks business days include any
calendar day other than Saturday, Sunday or any holidays recognized by
Bank ("Business Days").
Business Days/Hours of Operation. The Bank's business hours are
from 8:00 a.m. to 3:00 p.m., Monday through Thursday and from 8:00 a.m.
to 5:30 p.m. on Friday. The cut-off time for Bank of Winona On-line
Internet Banking (“Internet Banking”) transactions will be the end of
the business day, 2 P.M. CST. Business hours may fluctuate on the
days immediately preceding or following a bank holiday. The cut-off time
for these days will be adjusted accordingly.
Online Services is available 24 hours a day, 7 days a week except during
maintenance periods or circumstances beyond our reasonable control. All
times are based upon the Central time zone.
Customer Service:
You may contact Customer Support via telephone or electronic mail.
Telephone support is available at 1-662-283-3231, Monday through
Thursday from 8:00 a.m. to 3:00p.m., and 8:00 a.m. to 5:30 p.m. on
Friday, except bank holidays. We generally respond to electronic mail
inquiries within one business day of receipt.
Account Access:
For purposes of this Agreement, an "Eligible Account" is a personal or
commercial checking, money market, savings, or time deposit account for
which you are an authorized signer, and for which, according to our
records, you have authority, acting alone, to conduct all
depositor-initiated transactions on such account; or a consumer or
mortgage loan on which you are a borrower. You must have at least one
Eligible Account with us and access to the Internet in order to use
Online Services. If you are an authorized signer or borrower on more
than one Eligible Account, we will automatically link such additional
Eligible Accounts (collectively 'Linked Accounts") to your Online
Service access. If you have additional eligible personal accounts that
do not show when you access Online Services, please call us at
662-283-3231 or write us at Bank of Winona, Customer Service, P O Box
231 Winona, MS 38967, to update your linked accounts. Accounts that are
not Linked Accounts will not be accessible through Online Services.
Available Services:
The following services are available through the System:
a) Account Information. Obtain balance and transaction
information about your Linked Accounts. Please note that balance
information may not reflect outstanding checks, recent debit card or ATM
transactions. Balances may also be subject to a hold (which will not
necessarily be evident from the Online Services, but which you would
have received written notice of when it was placed). Please also note
that online transaction history for Eligible Accounts is limited; you
may need to check the statements that we have previously sent you for
information beyond the first day covered by the online transaction
history. You may download your Linked Account(s) information into
software such as Excel or Microsoft Money®.
b) Funds Transfers. Transfer money between Linked Accounts with
us. You may schedule transfers to be initiated on the current Business
Day, on a future date, or on the same date of each month, subject to the
restrictions of this Agreement and other agreements between you and the
Bank (including, but not limited to those contained in the Deposit
Account Agreement that limit the number of transfers that may be made
from your account during any monthly period). Although you can enter
transfer information through the online services twenty-four (24) hours
a day, seven (7) days a week, transfers can be initiated by the Bank
only on Business Days. Funds will be deducted from your account on the
Business Day for which you direct the transfer to be initiated by the
Bank. This date is referred to in this Agreement as the "Transaction
Date." If the date that you designate as the Transaction Date is not a
Business Day, the Transaction Date will be deemed to be the Business Day
following the date that you have designated. Your transfer instructions
must be received by the Bank not later than Internet Banking cut-off
time on any Business Day in order for the transaction to be completed on
that Business Day. If your instructions for a 'same day' transfer are
received after the Internet Banking cut-off time or on a day that is not
a Business Day, you will be deemed to have directed that the transfer
occur on the following Business Day. Recurring transfers are those made
for the same amount and are made on a weekly, bi-monthly, monthly or
other periodic basis. Once started, recurring transfers will be made
automatically unless you tell us to stop or cancel the Service in the
manner provided below and, in such case, following a period of time that
will give us a reasonable opportunity to act on your request. You may
cancel or edit any transfer Instructions by following the directions
provided in the on-line screen for the transfer services.
Pursuant to federal law, you may perform no more than six funds
transfers, payments or preauthorized withdrawals per month from any
money market account. If you exceed the maximum number of allowable
transfers, payments or preauthorized withdrawals on any money market
account, the Bank will take such steps, as it reasonably deems necessary
to ensure your future compliance with allowable transfer limits,
including terminating your Online Services. Allowable transfers and
withdrawals from any savings account are limited to a maximum of three
per month. Additionally, excess withdrawals are subject to a per
transaction excess withdrawal fee as set forth in our schedule of fees
and services, as amended from time to time.
Subject to the below specified provisions related to funds transfers and
the terms of this Agreement, you may initiate transfers of funds between
Accounts at the Bank. If, however, the Account from which you are
transferring funds is subject to limitations on the number of
withdrawals permitted per month or per statement period, you must
observe those limitations. If an Account is subject to such limitations,
those limitations will be stated in the account disclosures given to
you.
- You agree that Bank may act upon any funds transfer request that
is made using your User Code and Password, whether or not the person
initiating the request has the authority to do so.
- Bank will act upon a funds transfer request per the Internet
Banking cut-off time rules stated above by making applicable
accounting entries. Any funds transfer received by Bank after the
applicable Cut-off deadline on a Business Day will be treated as
received by Bank on its next Business Day.
- Bank may reject any funds transfer request, which, either in
whole or in part, exceeds the collected and available funds on
deposit with bank in the applicable account. Bank, at its sole
option, may (but is not required to) create an overdraft to complete
a funds transfer, and you agree to repay Bank immediately, the
amount of the overdraft, whether or not demand is made. Bank is not
obligated, however, to create any additional overdrafts or to give
any notice that additional overdrafts will not be created,
regardless of how many overdrafts may have been created previously.
- You shall have no right to cancel or amend a funds transfer
request after its receipt by Bank. If, however, Bank receives a
request to cancel or amend a funds transfer, Bank, at its option,
may (but is not required to) make a reasonable effort to attempt to
cancel or amend the transaction if Bank has not yet acted upon the
request.
- The monthly or periodic statements issued on the Account will
reflect internal and external transfers. You agree to notify the
Bank within a reasonable time, not to exceed 30 calendar days, after
receipt of the statement of any discrepancy between your records and
the information in the statement. Your failure to provide such
notice relieves the Bank of any responsibility to correct the same,
of any liability as to such discrepancies, and of any liability for
damages resulting therefrom.
d) Customer Service. For additional information or assistance,
please call the Bank's Customer Service Department at 662-283-3231 or
send us a letter to Bank of Winona P O Box 231 Winona, MS 38967. We have
a staff of customer care representatives waiting to assist you on
Business Days, except bank holidays, during Customer Service hours.
Additionally, you may communicate with the Bank using a personal
computer to send and receive written messages electronically (Internet
e-mail) outside of the Online Services screen. This method is very
effective for request of additional information, questions, comments and
other miscellaneous correspondence. HOWEVER AT THIS TIME, E-MAIL IS
NOT A SECURE METHOD OF COMMUNICATION AND CONFIDENTIAL INFORMATION SHOULD
NOT BE SENT OVER THE INTERNET E-MAIL.
Charges and Fees:
At this time, the Bank does not charge a fee for the use of the Account
Information and Funds Transfer provided through Online Services. In the
future, fees may be assessed for these or other specific online banking
services. If and when any fees are assessed or changed, a minimum of 30
days notice will be given to any affected Online Service customers. You
are responsible for paying any telephone company or utility charges
and/or Internet access service fees incurred while using telephone lines
and/or Internet access services to connect with Online Services.
Bank reserves the right to charge you for research time involving
payments no longer available in your screen history. You will be
informed of any such charges before they are incurred.
Online Services charges are in addition to the fees and service charges
discussed in the Deposit Account Agreement and applicable account
disclosures.
Equipment:
You are responsible for obtaining, installing, maintaining and
operating all computer hardware, software and Internet access services
necessary for performing Online Services. IT IS YOUR RESPONSIBILITY TO
PROTECT THE SECURITY OF YOUR OWN COMPUTER SYSTEM AND TO PROTECT YOUR
COMPUTER AGAINST VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A
DESTRUCTIVE NATURE. The Bank will not be responsible for any errors or
failures from the malfunction or failure of your hardware, software or
any Internet access services.
Security:
Duty to Report Breach of Access Codes: Your Responsibility. Bank
shall be entitled to act upon communications received by it through the
use of Online Services. Consequently, it is very important that you take
appropriate protective measures regarding the security and
confidentiality of the customer access codes that are used for the
system. You agree to notify us immediately if you think that the
security of your access codes has been breached. Use of your User Code
and Password is the agreed security procedure to access Online Services.
In order to prevent unauthorized access to your accounts and to prevent
unauthorized use of Online Services, you agree, by using Online
Services, to keep confidential, and to not give or make available your
User Code, Password or other means to access your accounts to any person
not authorized to access your accounts. The loss, theft or unauthorized
use of your account numbers, User Codes and Passwords could cause you to
lose some or all of the money in your accounts. If you disclose your
account numbers, User Codes and/or Passwords to any person(s) or entity,
you assume all risks and losses associated with such disclosure. You are
responsible for all transfers and Bill Payments you authorize using
Online Services. If you permit any other person(s) or entity to use
Online Services or to access or use your account numbers, User Codes,
Passwords, or other means to access your accounts, you are responsible
for any transactions and activities they authorize from your accounts.
You agree to immediately notify us by calling 662-283-3231 during normal
customer service hours of any unauthorized use of your account numbers,
User Codes and Passwords or of any other breach of security, or if you
believe someone may attempt to use Online Services without your consent
or has transferred money without your permission. We cannot accept
notification of lost or stolen User Codes or passwords or unauthorized
transfers via e-mail.
Statements:
All transfers and or/fees made or incurred in connection with Online
Services will appear on your affected monthly account statements.
Limitation of Access/Security/Bank's Right to Terminate
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 notify the
Bank and arrange to change your PIN. In any event, the Bank will not be
liable for any special, consequential, incidental, or punitive losses,
damages, or expenses in connection with this Agreement or the Service,
even if the Bank has knowledge of the possibility of them. The Bank is
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 the Bank's reasonable
control.
The Bank may terminate Online Services in whole or in part at any time
without prior notice. The Bank reserves the right to limit or suspend
your access to Online Services at any time. In order to maintain secure
communications and reduce fraud, you agree to protect the security of
your numbers, codes and other means of identification (including,
without limitation, your account numbers, User Codes and Passwords). We
reserve the right to block access to Online Services to maintain or
restore security to our Site and systems, if we reasonably believe your
access codes have been or may be obtained or are being used or may be
used by an unauthorized person(s). The Bank will approve applications
for Online Services. Completing this application does not guarantee
approval for these services.
Termination:
If you want to terminate your access to the Online Services, you must
contact our Customer Service in person or by phone at 662-283-3231
during customer service hours. If you call, we will also require you to
present your request in writing. We reserve the right to terminate the
Online Services, in whole or in part, at any time with or without cause
and without prior written notice. In that event, or in the event that
you give us a termination notice, we may (but are not obligated) to
immediately discontinue making previously authorized transfers,
including recurring transfers and other transfers that were previously
authorized but not yet made. We also reserve the right to temporarily
suspend the Online Services in situations deemed appropriate by us, in
our sole and absolute discretion, including when we believe a breach of
the system security has occurred or is being attempted. We may consider
repeated incorrect attempts to enter your User Code or Password as an
indication of an attempted security breach. Termination of the Online
Services does not affect your obligations under this Agreement with
respect to occurrences before termination or cooperation after
termination. The Bank is not responsible for any fixed payment made
before the Bank has a reasonable opportunity to act on your termination
notice. You remain obligated for any payments made by the Bank on your
behalf.
Damages:
IN NO EVENT SHALL THE BANK BE LIABLE FOR ANY LOSS, INJURY OR DAMAGES,
WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL, INCLUDING LOST PROFITS, CAUSED BY THE SYSTEM OR ONLINE
SERVICES OR THE USE THEREOF, OR ARISING IN ANY WAY OUT OF THE
INSTALLATION, USE OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE,
EQUIPMENT, SOFTWARE OR ANY INTERNET ACCESS SERVICES.
Miscellaneous Terms:
In addition to this Agreement, you agree to comply with all applicable
account agreements, including, without limitation, the Deposit Account
Agreement and with all applicable State and Federal laws and
regulations.
The Bank may amend or change this Agreement (including applicable fees
and service charges) by sending you notice by electronic mail (unless
you object to communications in this fashion) or written notice by
regular mail sent to your address as it appears on your account records,
by posting notice in branches of The Bank, or as otherwise permitted by
law.
Any use of the Online Services after we send you a notice of change will
constitute your agreement to such change(s). Further, we may, from time
to time, revise or update the programs, services and/or related
material, which may render all such prior versions obsolete.
Consequently, we reserve the right to terminate this Agreement as to all
such prior versions of the programs, services, and/or related material,
and to limit access to Online Services more recent revisions and
updates.
We shall not be deemed to have waived any of our rights hereunder unless
such waiver is in writing and signed by us. No delay or omission on our
part in exercising any rights or remedies shall operate as a waiver of
such rights or remedies or any other rights or remedies. A waiver on any
one occasion shall not be construed as a bar or waiver of any rights on
future occasions.
Assignment:
You may not transfer or assign your rights or duties under this
Agreement.
Governing Law. The laws of the state of Mississippi and, to the
extent pre-empted thereby, the laws of the United States of America,
shall govern this Agreement and all transactions hereunder, without
giving effect to any conflict of laws rule or principle that might
result in the application of the laws of another jurisdiction. Customer
acknowledges that he/she has reviewed this Agreement, understands the
terms and conditions set forth herein, and agrees to be bound hereby.
Indemnification:
Customer, in consideration of being allowed access to the Online
Services, agrees to indemnify and hold the Bank harmless for any losses
or damages resulting from the use of the Online Services, to the extent
not prohibited by applicable law.
Security Procedures:
By accessing the Online Services, you hereby acknowledge that you will
be entering a protected web site owned by the Bank, which may be used
only for authorized purposes. The Bank may monitor and audit usage of
the website, and all persons are hereby notified that any fraudulent
misuse or otherwise unauthorized usage of the Online Services or the
website or information submitted via such website is subject to
prosecution under the Computer Fraud and Abuse Act of 1986.
Arbitration:
Applicability of Agreement. This Agreement is a part of each and
every transaction between Bank and Customer involving the Customer’s
Online Services with Bank from the date hereof until this Agreement is
terminated.
Consideration. The consideration for this Arbitration provision
is the consideration given and received in each transaction between Bank
and Customer relating to Online Services, and the mutual benefits to be
derived by Bank and Customer from the convenient, expeditious,
economical, and private procedures for resolving disputes between them
concerning the Agreement or transaction.
Dispute Resolution. Any claim, dispute or controversy between
Customer and Bank, including Bank’s employees, officers, directors,
agents, parent companies, subsidiary companies, sister companies,
successors, assigns, other affiliated entities or persons (collectively,
"Covered Persons"), (whether in contract, whether pre-existing, present
or future, and including statutory, common law, intentional tort or
equitable claims), arising from or relating to any matter including, but
not limited to, the Online Services, any past or future interactions,
business or dealings between the parties or between Customer and the
Covered Persons or any application, advertisements, promotions, or oral
or written statements related to the Online Services, any goods or
services furnished in connection with the Online Services or the
relationships with respect to the Online Services (including to the full
extent permitted by applicable law relationships and dealings with third
parties who are not signatories to the Online Services or this
Agreement) or the validity, enforceability or scope of this Agreement
(collectively, "Claim"), shall be resolved, upon the unilateral or joint
election of Customer or Bank or said Covered Persons, respectively, by
binding arbitration, as hereinafter provided, pursuant to the rules of
the National Arbitration Forum ("NAF) in effect at the time the Claim is
asserted. A party who has asserted a Claim in a lawsuit in court may
elect arbitration with respect to any Claim(s) subsequently asserted in
the lawsuit by any other party or parties. The Rules of NAF may be
obtained by calling 1-800-474-2371 or by going to the NAF Website at
www.arb-forum.com, and all Claims shall be filed at any NAF office
(provided, however, that if for any reason NAF is unwilling or unable to
serve as arbitration administrator, an equivalent national arbitration
organization utilizing a similar code of procedure will be substituted
by us).
Arbitration. (a) Any Claim shall, at the request of the Customer,
Bank or any Covered Persons, whether made before or after institution of
legal proceedings, be determined by binding arbitration. The Online
Services involves interstate commerce, and the arbitration is subject to
and shall be conducted in accordance with the United States Arbitration
Act, 9 U.S.C. Sections 1, et. seq., as amended, notwithstanding any
choice of law provision in this Agreement or any other documents
executed in connection with the Online Services, and under the Rules of
NAF. The Arbitrator shall have authority to award damages and grant such
other relief he deems appropriate. The Arbitrator shall give effect to
applicable law, including statues of limitations in determining any
Claim. Any controversy concerning whether an issue is arbitrable shall
be determined by the Arbitrator. However, Customer, Bank or any Covered
Persons may institute a lawsuit for the purpose of compelling the other
parties to any Claim to arbitrate in accordance with this Agreement.
Judgment upon the arbitration award may be entered in any court having
jurisdiction. The Arbitrator(s) shall be chosen no later than 30 days
after filing of the Claim with NAF. The arbitration procedures shall be
concluded, and the Arbitrator’s award issued no later than six (6)
months after selection of the Arbitrator.
(b) The institution and maintenance of an action for judicial relief
shall not constitute a waiver of the right of Customer, Bank or any
Covered Person including the plaintiff, to invoke this Agreement and
thereby require that the Claim be submitted to arbitration. No provision
of this Agreement shall limit the right of any party to this Agreement
to exercise available remedies such as setoff or to obtain provisional
or ancillary remedies from a court of competent jurisdiction before,
after or during pendency of any arbitration or other proceeding.
(c) In the event of a conflict between the provisions of this Agreement
and the Rules of NAF, the provisions of this Agreement shall control. No
class action arbitration may be ordered or had under this Agreement and,
except as provided in paragraph 3 above, there shall be no joinder of
multiple parties plaintiff except for joinder of all parties covered by
this Agreement.
Administrative Fees and Expenses. Upon request, Bank will advance
the first $100.00_ of the filing and hearing fees charged by NAF
for any Claim by any Customer(s) or any Covered Person against Bank. The
Arbitrator will determine who will ultimately be responsible for paying
any filing, hearing or other administrative fees in connection with the
arbitration. Unless inconsistent with applicable law, each party to an
arbitration shall bear the expense of their respective attorneys’,
experts’, and witness fees and expenses, regardless of which party
prevails in the arbitration.
Selection of Arbitrators. On claims of $100,000 or less,
including counter-claims, an Arbitrator shall be selected from a panel
of nine (9) arbitrators submitted by NAF, by Bank and Customer either
agreeing on the Arbitrator or striking persons from the panel until one
person is left, that person being the Arbitrator. On claims in excess of
$100,000 including counter-claims, three Arbitrators shall be selected
from a panel of fifteen (15) arbitrators submitted by NAF, by Bank and
Customer either agreeing on the Arbitrators or striking persons from the
panel until three (3) persons are left, those persons being the
Arbitrators. The determination of who shall make the first strike and
the resolution of any disputes concerning selection, including, if
necessary,
the appointment of the Arbitrator(s), shall be done by NAF.
Discovery. The Arbitrator shall have the power to authorize
reasonable discovery and to issue any necessary orders and subpoenas.
All discovery shall be submitted and expedited to the maximum extent
practicable. In no event shall the Arbitrator allow discovery, which
would result in this matter not being concluded and an award issued in
the time specified herein.
Location. The arbitration sessions shall be held at a location
mutually acceptable to the parties to the arbitration. If the parties to
the arbitration cannot agree on the location, the location shall be
selected by NAF.
Confidentiality. To the extent permitted by applicable law, all
proceedings pursuant to or in connection with this Agreement shall be
kept strictly confidential, except for disclosures of information
required in the ordinary course of the business of Bank and Customer or
by applicable law or regulation. The provision shall not exempt from
discovery or use in any other or future proceeding any evidence
otherwise discoverable, merely because it is presented in, referred to,
or discussed in the course of, or in connection with, proceedings
pursuant to this Agreement.
Severability. If any provision of this Agreement is found to be
unenforceable, the remaining provisions shall be enforced to the extent
permitted by applicable law and in lieu of any such unenforceable
provision, there shall be substituted in its place a provision as
similar in substance and effect as is capable of being enforced.
Successors and Assigns. This Agreement shall be binding upon, and
shall enure to the benefit of, the parties, the Covered Persons, any
co-signers, endorsers, guarantors, or other obligors to the Online
Services and their respective successors and assigns, including to the
full extent permitted by applicable law, third parties who may not be
signatories to the Online Services or this Agreement, such as Bank’s
employees, officers, directors, agents, parent companies, subsidiary
companies, sister companies, other affiliated entities or persons.
However, Customer may not assign his rights or duties under this
Agreement.
Entire Agreement. This Agreement constitutes the entire agreement
of the parties with respect to its subject matter and supercedes all
prior discussion arrangements, negotiations, and other communications,
if any, on dispute resolution. Customer agrees that this Agreement may
not be amended or modified in any respect except in writing.
When you click the icon below, it constitutes your written
acknowledgement of your receipt of these disclosures and agreement to be
bound by them.
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