- ELECTRONIC FUNDS TRANSFER
MVB INTERNET BANKING AGREEMENT
- E-STATEMENT DISCLOSURE
ELECTRONIC FUNDS TRANSFER
YOUR RIGHTS AND RESPONSIBILITIES
Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
Health Savings Accounts (HSA)
- Health Savings Accounts (HSA). We permit you (as described below) to access your HSA with a card. This service is offered for the convenience of managing your HSA. However, electronically accessing your HSA - for example, getting additional cash back on an HSA debit card transaction - can raise a variety of tax concerns. As a result, before electronically accessing your HSA make sure you are using the correct card. Also, it is your responsibility to ensure the contributions, distributions, and other actions related to your HSA, comply with the law, including federal tax law. As always, we recommend consulting a legal or tax professional if you have any questions about managing your HSA. The terms of this disclosure are intended to work in conjunction with the HSA Agreement provided to you earlier. In the event of a conflict, the terms of the HSA Agreement control. You understand that your HSA is intended to be used for payment of qualified medical expenses. It is your responsibility to satisfy any tax liability resulting from use of your HSA for any purpose other than payment or reimbursement of qualified medical expenses. We do not monitor the purpose of any transaction to or from your HSA. Nor are we responsible for ensuring your eligibility for making contributions or ensuring withdrawals are used for payment or reimbursement of qualified medical expenses. Refer to your HSA Agreement for more information relating to the use of your HSA.
Electronic Fund Transfers Initiated By Third Parties
- You may authorize a third party to initiate electronic fund transfers between your account and the third party's account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electric fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide the third party with your account number and financial institution information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your financial institution and account information (whether over the phone, the internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:
ATM Card Transactions
- - Preauthorized payments - You may make arrangements to pay certain recurring bills from your checking and savings.
- - Electronic Check Conversion - You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or pay bills.
- - Electronic Returned Check Charge - You may authorize a merchant or other payee to initiate an electronic funds transfer to collect a charge in the event a check is returned for insufficient funds.
- types of transactions - You may access your account(s) by ATM using your ATM card and your personal identification number (PIN) to:
- - Deposit funds to checking
- - Withdrawal cash from checking or savings
- - Transfer funds from checking and savings to checking and savings
- - Get balance information about checking or savings
Some of these services may not be available at all terminals.
Debit card ATM transactions
- types of transactions - You may access your accounts(s) by ATM using your Debit Card and your personal identification number (PIN) (as applicable) to:
- - Deposit funds to checking
- - Withdrawal cash from checking or savings
- - Transfer funds from checking and savings to checking and savings
- - Get balance information about checking or savings
Some of these services may not be available at all terminals.
Debit Card point-of-sale Transactions
- types of transactions - You may access your checking account(s) by debit card to do transactions that participating merchants will accept, including:
Computer Access Plan
- - Purchase goods in person, by phone, or online
- - Pay for services in person, by phone, or online
- - Get cash from a participating merchant or financial institution
- types of transfers - You may access your accounts by computer at http://www.mtnviewbank.com
and using your account number(s), personal identification number (PIN), social security number and user ID and password to:
Bill Payment Service
- - Transfer funds from checking and savings to checking and savings
- - Make payments from checking and savings to loan account
- - Get balance information about checking, savings, certificate of deposit, line of credit or Loan accounts
- - Get withdrawal history about checking , savings, certificate of deposit or line of credit
- - Get deposit history about checking, savings, certificate of deposit or line of credit
- - Get transaction history about checking, savings, certificate of deposit, line of credit or Loan accounts
- types of transfers - You may access this service by computer at http://www.firstbankandtrustcozad.com
and using your user name and password and account number(s).
You may access this service to:
- - Make payments from your checking account(s) to pay your bills.
- types of transfers - You may access your accounts remotely with your Cell phone or other mobile access devices and using your User identification name, Password, Personal identification number (PIN), Responses to multifactor authentication questions, Account type descriptions and Text messaging commands (available sparately). You may use this service to:
- - transfer funds from Checking or Savings to Checking or Savings
- - make payments from Checking or Savings to Loan account
- - make payments from Checking or Savings to A
- - get balance information about checking, savings, line of credit, certificate of deposit or Loan accounts
- - get withdrawal history about checking, savings, line of credit or certificate of deposit
- - get deposit history about checking, savings, line of credit or certificate of deposit
- - get transaction history about checking, savings, line of credit, certificate of deposit or Loan accounts
- - order checks
- - use the mobile deposit feature to make
deposits to your checking or savings account
- - use the bill pay feature to make payments to
third party from your checking account in the
amounts and on the days you request
Your mobile service provider's standard service fees, such as text message fees or similar charges, will apply to all transactions. Check with your service provider for information about these fees.
Limits and Fees
- Please refer to our fee disclosures for information about fees and limitations that may apply to these electronic fund transfers.
ATM Operator/Network Fees
- When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
Limitations on Frequency of Transfers
- In addition to those limitations on transfers elsewhere described, if any, the following limitations apply to your savings account(s).
During any calendar month or statement cycle of at least four weeks, you may not make more than six withdrawals or transfers to another account of yours or to a third party by means of a preauthorized or automatic transfer or telephone order or instruction. No more than six transfers may be made by check, draft, debit card (if applicable) or similar order to a third party. If you exceed the transfer limitation set forth above in any statement period, your account will be subject to closure by the financial institution.
- You can get a receipt at the time you make a transfer to or from your account using an automated teller machine or point-of-sale terminal. However, you may not get a receipt if the amount of the transfer is $15 or less.
- You will get a monthly account statement from us for your checking account(s).
You will get a monthly account statement from us for your savings account(s), unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly.
Right to stop payment and procedure for doing so
- If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:
Call or write us at the telephone number or address listed in this disclosure in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
Notice of varying amounts
- If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set).
Liability for failure to stop payment or preauthorized transfer
- If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses and damages.
Financial Institution's Liability
Liability for failure to make transfers
- If we do not complete a transfer to or from your account 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 some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer.
- If you have an overdraft line and the transfer would go over the credit limit.
- If the automated teller machine where you are making the transfer does not have enough cash.
- If the terminal or system was not working properly and you know about the breakdown when you started the transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
- There may be other exceptions stated in our agreement with you.
We will disclose information to third parties about your account or the transfers you make:
- Where it is necessary for completing transfers; or
- In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
- In order to comply with government agency or court orders; or
- If you give us written permission.
(a) Consumer Liability.
Generally. Tell us AT ONCE if you believe your card and/or code 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 business days after you learn of the loss or theft of your card and/or code, you can lose
no more than $50 if someone used your card and/or code without your permission.
- If you do NOT tell us within two business days after you learn of the loss or theft of your card and/or code, and we can prove we could
have stopped someone from using your card and/or code without your permission if you had told us, you could loss 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 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time period.
- (2) Additional Limit on Liability of Visa(R) debit card. Unless you have been grossly negligent or have engaged in fraud, you will not
be liable for any unauthorized transactions using your lost or stolen Visa debit card. This additional limit on liability does not
apply to ATM transactions outside of the U.S., to ATM transactions not sent over Visa or Plus networks, or to transactions using your Personal
Identification Number which are not processed by VISA (R),or to commercial cards. (Visa is a registered trademark of Visa International Service Association.)
(b) Contract in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call or write us at the telephone number or address listed in this disclosure. You should also call the number or write to the address listed in this disclosure if you believe a transfer has been made using the information from your check without your permission.
Error Resolution Notice
In case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed in this disclosure, as soon as you can, if you think your statement or receipt is wrong or if you need information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
- 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.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business day (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it in 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before the account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
If you have inquiries regarding your account, Please contact us at:
FIRST BANK & TRUST COMPANY
747 MERIDIAN AVENUE, P.O. BOX 7
COZAD, NE 69130-0007
BUSINESS DAYS: MONDAY, TUESDAY, WEDNESDAY, THURSDAY AND FRIDAY
HOLIDAYS ARE NOT INCLUDED.
Notice of ATM/Night Deposit Facility User Precautions
As with all financial transactions, please exercise discretion when using an automated teller machine (ATM) or night deposit facility. For your own safety, be careful. The following suggestions may be helpful.
- Prepare for your transactions at home (for instance, by filling out a deposit slip) to minimize your time at the ATM or night deposit facility.
- Mark each transaction in your account record, but not while at the ATM or night deposit facility. Always save your ATM receipts. Don't leave them at the ATM or night deposit facility because they may contain important account information.
- Compare your records with the account statements you receive.
- Don't lend your ATM card to anyone.
- Remember, do not leave your card at the ATM. Do not leave any documents at a night deposit facility.
- Protect the secrecy of your Personal Identification Number (PIN). Protect your ATM card as though it were cash. Don't tell anyone your PIN. Don't give anyone information regarding your ATM card or PIN over the telephone. Never enter your PIN in any ATM that does not look genuine, has been modified, has a suspicious device attached, or is operating in a suspicious manner. Don't write your PIN where it can be discovered. For example, don't keep a note of your PIN in your wallet or purse.
- Prevent others from seeing you enter your PIN by using your body to shield their view.
- If you lose your ATM card or if it is stolen, promptly notify us. You should consult the other disclosures you have received about electronic fund transfers for additional information about what to do if your card is lost or stolen.
- When you make a transaction, be aware of your surroundings. Look out for suspicious activity near the ATM or night deposit facility, particularly if it is after sunset. At night, be sure that the facility (including the parking area and walkways) is well lighted. Consider having someone accompany you when you use that facility, especially after sunset. If you observe any problems, go to another ATM or night deposit facility.
- Don't accept assistance from anyone you don't know when using an ATM or night deposit facility.
- If you notice anything suspicious or if any other problem arises after you have begun an ATM transaction, you may want to cancel the transaction, pocket your card and leave. You might consider using another ATM or coming back later.
- Don't display your cash; pocket it as soon as the ATM transaction is complete and count the cash later when you are in the safety of your own car, home, or other secure surroundings.
- At a drive-up facility, make sure all the car doors are locked and all of the windows are rolled up, except the driver's window. Keep the engine running and remain alert to your surroundings.
- We want the ATM and night deposit facility to be safe and convenient for you. Therefore, please tell us if you know of any problem with a facility. For instance, let us know if a light is not working or there is any damage to the facility. Please report any suspicious activity or crimes to both operator of the facility and the local law enforcement officials immediately.
DOCUMENTATION OF SMALL AMOUNT TERMINAL TRANSFERS: At some ATMs or point-of-sale terminals, you may not get a receipt if the amount of the transfer is $15 or less. This is an exception to the general rule stated for Terminal Transfers under the DOCUMENTATION section above.
Limits and Fees
The following fees may be assessed against your account and the following transaction limitations, if any, apply to your account:
|ATM - Withdrawal at Machines We Do Not Own
|ATM - Deposit at Machines We Do Not Own
|ATM - Transfer At Machines We Do Not
|ATM - Inquiry At Machines We Do Not
|ATM / DEBIT CARD -
Withdrawal Dollar Limit
Per 24 Hours
DEBIT CARD - New Card or Reorder
Visa Debit Card allows you to use the card like an ATM card. It may also be used at any Visa merchant. Amount of purchase will automatically be deducted from your checking account.
|DEBIT CARD -
Point of Sale Dollar Limit
Per 24 Hours
5th business day and will continue to
charge through the 30th business day
for each subsequent consecutive business
day your account is overdrawn and
continues to have a negative (overdraft)
balance.) A daily overdraft charge
applies to overdrafts created by check,
in-person withdrawal or other electronic
|NSF RETURNED ITEM FEE
A returned check charge applies to overdrafts created by check, in-person withdrawal or other electronic means.
|NSF RETURNED ITEM FEES -
limit per day
A returned check charge applies to overdrafts created to overdrafts created by check, in-person withdrawal or other electronic means.
|NSF RETURNED ITEM FEE - item $10.00 or less
check charge applies to overdrafts
created by check, in-person withdrawal or other electronic means.
|NSF PAID ITEM FEE
A check paid charge applies to overdrafts created by check, in-person withdrawal or other electronic means.
|NSF PAID ITEM FEES -
limit per day
check paid charge applies to overdrafts created to overdrafts created by check, in-person withdrawal or other electronic means.
|NSF PAID ITEM FEE - item $10.00 or less
A paid check
charge applies to overdrafts created by
check, in-person withdrawal or other electronic means.
|NSF CHECK ON LOAN PAYMENTS
|STOP PAYMENT REQUEST
Each request is effective for six months.
|STOP PAYMENT RENEWAL
Each request is effective for six months.
|MAINTENANCE FEE (SAVINGS ACCOUNTS)
If average daily balance Is below $100.00
|DORMANT ACCOUNT (INACTIVE FOR 18 MONTHS)
When balance < $300.00
|WIRE TRANSFERS (OUTGOING) - DOMESTIC
|WIRE TRANSFERS (OUTGOING) - INTERNATIONAL
|WIRE TRANSFERS (INCOMING) - DOMESTIC
|WIRE TRANSFERS (INCOMING) - INTERNATIONAL
Minimum charge $20.00
|RESEARCH ACCOUNT PRINTOUT
|RECONCILEMENT OF ACCOUNT
Fee depends on style ordered.
|XEROX COPY PER PAGE
|FAXES - OUTGOING
$1.00 per page
|FAXES - INCOMING
$1.00 per page
|CHECK CASHING - Non-Customers
|IRA TRANSFER TO ANOTHER INSTITUTION
IRA NEW ACCOUNT SET-UP FEE
HSA NEW ACCOUNT SET-UP FEE
|SAFE DEPOSIT BOX ANNUAL RENTAL FEE - 3X5
|SAFE DEPOSIT BOX ANNUAL RENTAL FEE - 4X6
|SAFE DEPOSIT BOX ANNUAL RENTAL FEE - 5X5
|SAFE DEPOSIT BOX ANNUAL RENTAL FEE - 3X10
|SAFE DEPOSIT BOX ANNUAL RENTAL FEE - 5X10
|SAFE DEPOSIT BOX ANNUAL RENTAL FEE - 7X10
|SAFE DEPOSIT BOX ANNUAL RENTAL FEE - 10X10
|SAFE DEPOSIT BOX ANNUAL RENTAL FEE - 10X11
|SAFE DEPOSIT BOX ANNUAL RENTAL FEE - 7X13
|SAFE DEPOSIT BOX - 1 LOST KEY
|SAFE DEPOSIT BOX - 2 LOST KEYS
MVB INTERNET BANKING AGREEMENT
1. The Service.
In consideration of
the MVB Internet Banking service ("Service") to be provided
by Mountain View Bank ("MVB"), as described from time to
time in information distributed by MVB to its customers. In
this Agreement, "Customer" refers to the person(s)
subscribing to or using the Service. The Customer agrees as
follows: You may use a Personal Computer ("PC") through an
Internet connection to obtain account balances and
transaction Information. You may also use your PC to obtain
statements on your accounts and to transfer money between
your accounts. However, transfers from your savings and
Money Market accounts are considered pre-authorized
transfers, and pre-authorized transfers are limited to six
(6) per monthly statement cycle by federal regulations. In
addition, you may use your PC to electronically direct us to
make payments from your account to third parties ("Payees")
that you have selected to receive payment through the
Service. You may make payments through the Service to any
business professional, merchant, family member, or friend.
The "Account" means your designated bill payment checking
account at MVB from which we make bill payments on your
behalf pursuant to the Agreement. By subscribing to the
Service or using the Service to make any payments to a third
party, you agree to the terms of the Agreement.
PLEASE READ THIS
AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.
2. Your Merchant List.
You may include all
utility companies, merchants, financial institutions,
insurance companies, individuals, etc. whom you wish to pay
through Mountain View Bank Bill Payment. Include a complete
mailing address and telephone number for each and your
account number with each payee. We reserve the right to
decline to make payments to certain persons and entities.
3. Your Password.
Each individual who
has access to Online Banking, including each individual
named on joint accounts, must designate a password and a
user code. Your password must be a minimum of 6 characters,
which must consist of at least one (1) letter and one
The letters are case sensitive. For example, if you enter
your password as: 1234abc you cannot use 1234ABC. It is
recommended that you change your password periodically to
Your password should not be associated with any
commonly known personal identification, such as social
security numbers, address, date of birth, and names of
password should also be memorized rather than written down.
Upon three (3)
unsuccessful attempts to use your password, access to MVB
Internet Banking will be revoked. To re-establish your
authorization to use MVB Internet Banking, you must contact
us to have your password reset or to obtain a new temporary
By sharing your
password with other users you are expressly authorizing
these users to have access to all Accounts and use all
services provided through Online Banking. You acknowledge
that you are solely liable and hold MVB harmless for the use
or misuse of your Accounts by users you have granted access
to your MVB Internet Banking. If you wish to terminate a
user’s access to your Accounts through MVB Internet Banking,
you are solely responsible for changing your password to
prevent the user from further accessing the Account.
4. Scheduling Payments.
You may choose to
add Bill Payment and use your PC to electronically schedule
payments with the Service. Payments are posted against your
balance available for withdrawal, as defined in the MVB’s
Funds Availability Policy, plus the available credit on your
overdraft protection, if any, or other line of credit.
5. Delivery of Your Payments and Transfers.
You may schedule
payments to be initiated on the current business day, on a
future date, or on the same date of each month, subject to
the restrictions in the Agreement. Although you can enter
payment information through the Service twenty-four (24)
hours a day, seven (7) days a week, payments can be
initiated only on business days. Funds will be deducted from
your Account on the business day on which a payment is to be
"initiated." This date is referred to in this Agreement as
the "Transaction Date." If you direct the initiation of a
payment to occur on a day other than a business day, it will
be initiated on the following business day. After funds are
withdrawn from your Account, we may remit your payments by
mailing your payee a check, by electronic funds transfer,
including ACH (Automated Clearing House) or by other means.
Because of the time it takes to send your payment to them,
your payees generally will not receive payment on the
Transaction Date. This applies regardless of whether the
payment is a next-day payment, a future payment, or a
recurring payment, as described below. Therefore, in order
to provide sufficient time for payments to be received by
your payees, the Transaction Date should be prior to the
date your payment is due, excluding any applicable grace
periods (the "Due Date"). Payments and transfers must be
scheduled by the normal cut-off time of 5 p.m. local
(Mountain Time) time on any business day in order for the
payment to be initiated for that business day.
6. Recurring Payments.
are those made for the same amount and are made on a weekly,
bi-monthly, monthly basis, etc. Once started, recurring
payments will be made automatically until you tell us to
stop or cancel the payment online and we have a reasonable
opportunity to react.
7. Our Liability for Failure to Complete Transactions.
If we do not
complete a transfer to or from your account on time or in
the correct amount according to our agreement with you, we
might be liable for some of your losses or damages. However,
there are some exceptions. We will not be liable for
If, through no fault of ours, you do not have enough money
In your account to make the transfer;
If the money in your account is subject to legal process or
other encumbrances restricting transfer;
If the transfer would go over the credit limit on your
overdraft line (if any);
If the system was not working properly when you started the
If circumstances beyond our control (such as fire or flood
or systems failure) prevent the transfer, despite reasonable
precautions that we
have taken; or
If the payee mishandles or delays
handling payments sent by us.
8. Canceling Payment.
You may use your PC
to cancel a payment up to 5 p.m. (Mountain Time) on the
business day your payment is scheduled to be initiated
(''Transaction Date"). There is no fee for canceling a
payment online. Other requests must be made at least one (1)
day prior to scheduled payment date. A payment that has been
sent may be recalled for a stop payment fee of $30.00 per
item, but the MVB will not guarantee the ability to recall
transfers, and/or fees made with the Service will appear on
your monthly Account statement. The payee name, payment
amount, and date of the payment will be shown for each
payment made through the Service during that month.
Fees for Services
shall be payable in accordance with a schedule of charges as
established and amended by BANK from time to time. Charges
shall be automatically deducted from customer's Account, and
MVB shall provide to Customer monthly notice of such
debit(s) on your statement.
You are solely
responsible for the equipment (including your personal
computer and software) you use to access the Services. We
are not responsible for errors or delays or your inability
to access the Services caused by your equipment. We are not
responsible for the cost of upgrading your equipment to stay
current with the Services nor are we responsible, under any
circumstances, for any damage to your equipment or the data
12. Business Days/Hours of Operation.
Our business hours
are 8 a.m. to 5 p.m. (Mountain Time), Monday through Friday,
except bank holidays. Although payments and transfers can be
completed only on business days, the Service is available 24
hours a day, seven days a week, except during maintenance
13. Notice of Your Rights and Liabilities.
Security of your
transactions is important to us. Use of the Services may
therefore require a PIN or password. If you lose or forget
your PIN or password, please call (719) 471-4682 during
normal business hours listed above. We may accept as
authentic any instructions given to us through the use of
your password or PIN. You agree to keep your PIN and
password secret and to notify us immediately if your PIN or
password is lost or stolen or if you believe someone else
has discovered your PIN or password. You agree that if you
give your PIN or password to someone else, you are
authorizing them to act on your behalf, and we may accept
any instructions they give us to make transfers or otherwise
use the Services. MVB Internet Banking enables you to change
your password; we recommend that you do so regularly. We may
be liable for certain security breaches to the extent
required by applicable law and regulation. We do not assume
any other liability or otherwise guarantee the security of
information in transit to or from our facilities. Please
note that we reserve the right to (1) monitor and/or record
all communications and activity related to the Services; and
(2) require verification of all requested transfers in the
manner we deem appropriate before making the transfer (which
may include written verification by you). You agree that our
records will be final and conclusive as to all questions
concerning whether or not your PIN or password was used in
connection with a particular transaction.
any unauthorized use of
your PIN or password occurs you agree to (1) cooperate with
us and appropriate law enforcement authorities in
identifying and prosecuting the perpetrator; and (2) provide
reasonable assistance requested by us in recovering any
unauthorized transfer of funds.
Tell us AT ONCE
if you believe your PIN or password has been lost or stolen,
Telephoning is the best way of keeping your possible losses
down. You could lose all the money in your account (plus
your maximum line of credit).
you tell us within two (2) business days, you can lose no
more than $50. If you do NOT tell us within two (2) business
days after you learn of the loss or theft of your PIN or
password, and we can prove we could have stopped someone
from using your PIN or password without your permission if
you had told us, you could lose as much as $500. Also, if
your statement shows transfers that you did not make, tell
us at once.
you do not tell us within sixty (60) days after the
statement was mailed to you, you may not get back any money
you lost after the 60 days, if we can prove that we could
have prevented someone from taking the money if you had told
us in time. If you believe your PIN or password has been
lost or stolen or that someone has transferred or may
transfer money from your account without your permission,
call (719) 471-4682 during normal business hours listed
above. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PINS
OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL.
14. Errors and Questions.
In case of errors or
questions about your electronic transactions, telephone us
at (719) 471-4682, 8 a.m.-5 p.m. (Mountain Time), Monday
through Friday, or write us at:
Mountain View Bank
24 S Weber Street, Suite 115
Colorado Springs, CO 80903
as soon as you can,
if you think your statement or receipt is wrong or if you
need more Information about a transaction listed on the
statement or receipt. We must hear from you no later than
sixty (60) days after we sent you the FIRST statement on
which the problem or error appeared. You will need to:
Tell us your name and Account number
Describe the error or the transaction you are unsure about,
and explain as clearly as you can why you believe it is an
error or why you need
more information; and
Tell us the dollar amount of the
If you tell us
verbally, we may require you to send us your complaint or
question in writing within ten (10) business days following
the date you notified us. We will determine whether an error
occurred within ten (10) business days (twenty (20) business
days if the notice of error involves an electronic fund
transfer to or from the account within thirty (30) days
after the first deposit to the account was made) 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 (twenty (20) business days if the notice of
error involves an electronic fund transfer to or from the
account within thirty (30) days after the first deposit to
the account was made) for the amount you think is in error,
so that you will have use of the money during the time it
takes us to complete our investigation.
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
If we determine
there was no error, we will reverse the previously credited
amount, if any, and we will send you a written explanation
within three (3) business days after we finish our
investigation. You may ask for copies of the documents we
used in our investigation.
15. Disclosure of Account Information to Third Parties.
We may disclose
Information to third parties about your account or the
transactions you make:
Where it is necessary for completing transactions or
resolving errors involving the Services; or
In order to verify the existence and condition of your
account for a third party, such as a credit bureau or a
In order to comply with government agency rules, court
orders, or other applicable law; or
To our employees, service providers, auditors, collection
agents, affiliated companies, or attorneys in the course of
their duties and to the extent allowed by law; or
If you give us your permission.
16. Authorization to Obtain Information.
You agree that we
may obtain and review your credit report from a credit
bureau or similar entity. You also agree that we may obtain
information regarding your payee accounts in order to
facilitate proper handling and crediting of your payments.
We reserve the right
to terminate the 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 Services in situations
deemed inappropriate by us, in our sole and absolute
discretion, including when we believe a breach of system
security has occurred or is being attempted. We may consider
repeated incorrect attempts to enter your PIN or password as
an indication of an attempted security breach. Termination
of the Services does not affect your obligations under this
Agreement with respect to occurrences before termination.
18. Limitation of Liability.
Except as otherwise
provided in this Agreement or by law, we are not responsible
for any loss, Injury, or damage, whether direct, indirect,
special or consequential, caused by the Service or the use
thereof or arising in any way out of the installation,
operation, or maintenance of your PC equipment.
No waiver of the
terms of this Agreement will be effective, unless in writing
and signed by an authorized officer of the BANK.
You may not transfer
or assign your rights or duties under this Agreement.
21. Governing Law.
The laws of the
State of Colorado shall govern this Agreement and all
transactions hereunder. Customer acknowledges that he/she
has reviewed this Agreement, understands the terms and
conditions set forth herein, and agrees to be bound hereby.
We can change a term
or condition of this Agreement by mailing or delivering to
you a written notice at least thirty (30) days before the
effective date of any such change. We do not need to provide
you with any prior notice where an immediate change in the
terms or conditions of this Agreement is necessary to
maintain or restore the security of our system or an
account. However, even in these cases, if the change is to
be permanent, we will provide you with a notice of the
change with the next regularly scheduled periodic statement
we send you, or within thirty (30) days, unless disclosure
would jeopardize the security of our system or an account.
Notices mailed or delivered to you under this paragraph will
be considered effective if mailed to the most recent address
we show for you in either our checking or savings account
records, or e-mail address in which you agreed to receive
such notices and/or disclosures.
consideration of being allowed access to the Services,
agrees to indemnify and hold the BANK harmless for any
losses or damages to the BANK resulting from the use of the
Services, to the extent allowed by applicable law.
24. Security Procedures.
By accessing the
Services, you hereby acknowledge that you will be entering a
protected web site owned by MVB, which may be used only for
authorized purposes. MVB may monitor and audit usage of the
System, and all persons are hereby notified that use of the
Services constitutes consent to such monitoring and
auditing. Unauthorized attempts to up-load information
and/or change information on these web sites are strictly
prohibited and are subject to prosecution under the Computer
Fraud and Abuse Act of 1986. ConnectKey is an additional
layer of security that is now a standard part of your MVB
Internet Banking login routine. ConnectKey is made up of
three parts: an image, a pass phrase and three challenge
questions no one else knows. When you're at your own
computer, enter your Access ID and then click on the Submit
button. We will show your ConnectKey image and pass phrase,
which verifies that you are at the valid MVB Internet
Banking site at Mountain View Bank. Now you know it is safe
to enter your Password. When you are signing in from a
different computer, we ask one of your challenge questions
to verify your identity. The secret ConnectKey pass phrase
and image will appear after you answer correctly. You know
it is safe to enter your Password. When you are signing in
from a different computer, we ask one of your challenge
questions to verify your identity. The secret ConnectKey
pass phrase and image will appear after you answer
know it is safe to enter your Password and login;
and we know that it is really you.
We cannot and do not
warrant that all data transfers utilizing MVB Internet
Banking, or e-mail transmitted to and from us, will not be
monitored or read by others. We recommend that you utilize
anti-virus software for your computer and an encrypted email
software or service.
25. Fee Schedule
There is no monthly
service charge for MVB Internet Banking and bill payment
services. Fees that may be associated with online banking
Bill Payment Non-Sufficient Funds Fee:
Stop Payment Fee:
Cancelled Check Copy Fee: $30.00 per hour research
You must be an owner/signer on all accounts you wish to access electronically.
E-Statement Customer Agreement:
- Personal Computer with a "strong encryption" (128-bit) browser. We recommend Microsoft Internet Explorer with 128-bit encryption or Firefox with 128-bit encryption.
Note: We do NOT recommend the use of beta browser versions.
- PDF document viewer such as Adobe Acrobat
- Online Banking access
In consideration of the E-Statement services (SERVICES) to be provided by First Bank & Trust Company as described from time to time in information distributed by Bank to its customers, the undersigned CUSTOMER agrees as follows:
BANK shall not be responsible or liable for:
- The CUSTOMER requests and authorizes BANK to send notice of regular periodic statement(s) to CUSTOMER or their agent, in lieu of a paper copy, in electronic format for all account selected in this agreement to be viewed through BANK'S Online Banking SERVICE. By utilizing the SERVICES, CUSTOMER agrees to be bound to all rules and regulations applicable to CUSOMTER'S deposit account and any other contract for services at BANK as established and amended by BANK.
- CUSTOMER agrees to receive the BANK'S Annual Financial Privacy Notice, Change in Terms Notices, Billing Rights Statement, and Error Resolution Notices in an electronic format. BANK will provide this information via e-mail links or other electronic transmission. A copy of said disclosures may also be viewed at the BANK'S web site,
www.mtnviewbank.com. The Consent granted by this paragraph applies to all accounts identified in this agreement. BANK will notify CUSTOMER of any material change in hardware or software required for retrieving or storing this disclosure information.
- CUSTOMER understands their right to revoke this agreement and thereby withdraw consent to communicate with the BANK electronically. In order to withdraw consent and terminate this agreement, CUSTOMER may provide written notification to BANK, 30 days in advance, at the following address: First Bank & Trust Company, PO Box 7, Cozad, NE 69130. Customers may also withdraw consent and terminate this agreement by calling 1-888-819-1090 or stop by any BANK locations. There are no fees associated with rescinding this agreement.
- CUSTOMER understands their right to obtain a paper copy of any of the above-described disclosures or e-statements. To obtain a paper copy, the CUSTOMER must make a specific request to the BANK at any BANK location. In some cases, research fees and or statement copy fees as specified in the BANK'S Schedule of Fees and Charges may apply to the CUSTOMER'S request pursuant to this paragraph.
- CUSTOMER agrees to notify the BANK immediately if CUSTOMER is unable to access any of the information that has been delivered by the BANK in an electronic form or manner.
- CUSTOMER agrees to notify BANK if CUSTOMER's e-mail address changes. CUSTOMER may change their e-mail address by logging into Online Banking and selecting "Options" and "Edit E-mail". CUSTOMER may also notify the BANK in writing to the above address, call 1-888-819-1090, or stop by any of BANK locations.
- Consequential or incidental damages for negligent performance by BANK of its SERVICES.
- Damages arising from unauthorized access to SERVICES.
- Any cost associated with updating, modifying or terminating CUSTOMER'S software or hardware.
- CUSTOMER represents and warrants to the BANK that each individual authorized to access CUSTOMER accounts and information through the SERVICES is hereby authorized to access this account information. Each authorized user will designate a password as required by the various SERVICES. Generally, passwords shall consist of at least 6 characters and must include letters and numbers. Once selected for each user, a password is to be used only by the individual and protected from use by others. CUSTOMER agrees that BANK's security procedures are commercially reasonable.
- Unless otherwise noted, the meaning of terms used in this agreement and information incorporated herein shall be defined by the applicable provisions of the Nebraska Uniform Commercial Code. The laws of the State of Nebraska shall govern this Agreement and all transactions hereunder. CUSTOMER acknowledges that he/she has reviewed this Customer Agreement, understands the term and conditions set forth herein, and agrees to be bound hereby.
- This Agreement may be terminated by the BANK at any time and for any reason without advance notice to CUSTOMER.