Internet Banking Service Agreement & Disclosure Statement
By signing an application and enrollment form (the "Application") to subscribe to certain personal computer banking and related services offered by Liberty Bank of Arkansas, as described in this Service Agreement and Disclosure Statement (this "Agreement") and as otherwise made available by the bank from time to time (collectively, "Liberty Bank of Arkansas Internet banking service’), or by your initial access to Liberty Bank of Arkansas Internet banking service, and in consideration of our allowing you access to Liberty Bank of Arkansas Internet banking service, you agree to the terms and conditions of this Agreement. Each reference in the Agreement to the "Bank", "Liberty Bank of Arkansas", "we", "us", or "our" refers to Liberty Bank of Arkansas, and each reference to "you", and "your" refers to each depositor, borrower, authorized signer, or authorized user for an account (defined as below) who is now or hereafter enrolled in any one or more of Liberty Bank of Arkansas Internet banking services with respect to the account. Each time you use Liberty Bank of Arkansas Internet banking service constitutes confirmation by you or your agreement to and understanding of the terms of this Agreement and any screens that appear on your computer when you sign on to Liberty Bank of Arkansas Web Site. This Agreement will be effective as of the date of our acceptance of this Agreement as evidenced by our issuance of a PIN to you. Please read this Agreement carefully and keep it for future reference.
BROWSER SECURITY. Liberty Bank of Arkansas Internet Banking transmits data using SSL (Secure Socket Layer) technology that supports 128-bit key encryption. It is important to verify that a secure connection between your borrower and the Internet Banking server has been established before transmitting any confidential account information over the Internet. An indicator in the lower left corner of the screen can verify this. When the symbol appears "solid" transmitted data is being encrypted. When this symbol appears "broken", a secure session has not been established. Similarly, Microsoft Internet Explorer has a lock symbol that appears when data is being encrypted. When this symbol does not appear, a session is not secure.
HOST SECURITY. Liberty Bank of Arkansas web server does not connect directly to the Internet. It is buffered from the Internet through the use of a firewall. All access from outside the bank must go through this firewall, which screens the requests and allows only valid http traffic to reach the server. Liberty Bank of Arkansas Internet Banking makes use of an ICSA certified firewall.
GENERALLY. You agree to use Liberty Bank of Arkansas Internet banking solely for the services described in the Agreement and designated by you in the application or subsequently designed by you, and solely in connection with each deposit account (collectively, the "Deposit Accounts") and each loan account (collectively, "Credit Account") held by the Bank and designated by you as described below (collectively, the "Account"), except as otherwise expressly provided in this Agreement or as otherwise expressly permitted by us from time to time. Under this agreement, there may be multiple accounts, and at least one (1) of the Deposit Accounts must be a checking account with unlimited check writing privileges. You may add any account for which you, or all of you if more than one, are depositor, borrower, authorized signer, or authorized user by notifying the Bank or by visiting any Bank branch office. If you close or delete the only checking account designated for Liberty Bank of Arkansas Internet banking, you will no longer be able to use Liberty Bank of Arkansas Internet banking service.
PIN; CONFIDENTIALITY OF PIN. All Liberty Bank of Arkansas Internet banking transactions or inquiries must be initiated by use of your Liberty Bank of Arkansas Internet banking personal identification number (the "PIN"). We will assign you a PIN after we have accepted your application. The first time you sign on Liberty Bank of Arkansas Internet banking, you will be required to select a new PIN. You may change your PIN from time to time, as provided in the Software. It is recommended that you do not use your social security number, birthdays, names, or other codes that may be easy for others to determine as your PIN. No Bank employee will ever ask you for your PIN, nor should you provide it to anyone unless you intend to allow that person to access your accounts. YOU AGREE TO KEEP YOUR PIN CONFIDENTIAL. USE OF THE PIN BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH Liberty Bank of Arkansas INTERNET BANKING. You agree that any Liberty Bank of Arkansas Internet banking request initiated by use of the PIN will be subject to and governed by this Agreement.
If you authorize another person to use your PIN, that person can use Liberty Bank of Arkansas Internet banking to view any information or initiate any transaction on any of the accounts to which that person does not otherwise have access. As such, your sharing of your PIN is strongly discouraged by the Bank, and is done at your sole risk and peril.
If a third party should gain access to your PIN, you alone are responsible for changing the PIN so as to deny the third party’s access to your banking information. Given the electronic nature of these transactions, the Bank shall have no liability to you in the event a third party should gain access to your PIN through no fault of the Bank.
You should always exit Liberty Bank of Arkansas Internet banking after you finish viewing your accounts. Never leave your computer unattended while accessing Liberty Bank of Arkansas Internet banking. If you should, a third party may be able to access your accounts from your terminal, without ever needing to use your PIN.
BUSINESS DAYS. Business days for Liberty Bank of Arkansas Internet banking are Monday through Friday, excluding holidays. You may access the accounts through Liberty Bank of Arkansas Internet banking 24 hours a day, seven days a week, except that Liberty Bank of Arkansas may perform regular maintenance on our systems or equipment, which may result in technical errors or interrupted service. We may also find it necessary to occasionally change the scope of our services. Liberty Bank of Arkansas cannot guarantee that we will be able to provide notice of such interruptions and changes, although we will attempt to provide such notice.
ONLINE SERVICES. You may use Liberty Bank of Arkansas Internet Banking to perform any of the following services designated by you in the Application or subsequently added by you as provided below:
1. To transfer funds between any Deposit Accounts, such as checking, savings, money market deposit accounts, and loan accounts;
2. To receive and download balance and transaction information on your accounts;
3. To place reorders for Deposit Account checks;
4. To change your PIN;
5. To open a Liberty Bank of Arkansas Checking, Savings, or Certificate of Deposit;
6. To receive e-mail from and transmit to the Bank, all as described in this Agreement and the Software.
You may sign up for or cancel any service by contacting Liberty Bank of Arkansas. As used in this Agreement, the term "electronic fund transfer" has the meaning provided for that term in Regulation E and includes, without limitation, a bank transfer or a loan payment (other than a loan payment made by check or other paper item), as these items are defined below.
Transfer to and from Accounts
1. Deposit Accounts. You may use Liberty Bank of Arkansas Internet Banking to initiate electronic transfers from one Deposit Account that is a checking, savings or money market deposit account to any other Deposit Account that is a checking, savings or money market deposit account, as provided in this Agreement. These types of transactions are referred to in this Agreement as "bank transfers".
2. Authorization. You expressly authorize us to debit the appropriate Deposit Account in the amount of any bank transfer initiated through Liberty Bank of Arkansas Internet banking by you or by any other person who is authorized to use your PIN. You agree that we may treat any such bank transfer from a Deposit Account the same as a duly executed written withdrawal, transfer, or check and that we may treat any such bank transfer to a Deposit Account the same as a deposit, all in accordance with the terms of this Agreement and your deposit agreement(s) with us.
3. Limitations. Your ability to initiate bank transfers between Deposit Accounts may be limited by federal law or by the terms of your deposit agreement with us. Bank transfers from Deposit Accounts that are savings or money market deposit accounts are limited as required by federal regulation. You agree that we may, without notice or other obligation to you, refuse to make any bank transfer for security reasons or as otherwise expressly provided in this Agreement or your deposit agreement with us. You cannot post-date bank transfers or schedule bank transfers for future dates.
4. Time of bank transfers; posting; funds availability. If you initiate a bank transfer of available funds on or before two (2) PM Central Standard Time Monday thru Friday those funds will post to your account the same business day. If you initiate a bank transfer after the above described times, then your transfer will be posted the next business day. Except as expressly otherwise provided in this Section, transferred funds will be available for transfer and withdrawal as provided in our Schedule of Funds Availability (the "Schedule of funds Availability").
Account Information. You may use Liberty Bank of Arkansas Internet banking to receive, download, and store or print information regarding an account that is routinely set forth in the statement for the Account, debits and credits made to the account, amounts and item numbers for items drawn on the account (if applicable), and the daily account balance (including interest credited to a Deposit Account and finance charges accrued on a Credit Account). All account information provided via Liberty Bank of Arkansas Internet banking will be current as of the end of the preceding business day, and is subject to further adjustment and correction. Because the information is made available to you as "raw data" furnished through the Service Provider and is subject to change, we cannot assure you of the accuracy or completeness of the information and expressly disclaim the same. You will still receive your usual periodic statement of account, and adjustments may have been made to your account in connection with the preparation of your statement.
Electronic Mail Service. You may use Liberty Bank of Arkansas Internet banking to send electronic mail ("e-mail") to us and to receive e-mails from us. The e-mail service may not be used to make bank transfers between accounts or to make loan payments from an account. E-mail transmitted by you to us via Liberty Bank of Arkansas Internet often will not be delivered to us immediately. If you need to contact us immediately to stop payment, to report an unauthorized use of your PIN, to report unauthorized access to an account, or for any reason, you should call us at 870-934-9000. We will not be responsible for acting on or responding to any e-mail request made through Liberty Bank of Arkansas Internet banking until we actually receive your e-mail message and have a reasonable opportunity to act. You should check your e-mail regularly; we will attempt to notify you by e-mail in the event of any technical difficulties or other occurrence that may affect your use of Liberty Bank of Arkansas Internet banking.
Additional Service. We may, from time to time, make additional services available through Liberty Bank of Arkansas Internet banking. We will notify you of the availability and terms of these new services. By using these additional instructions, procedures and terms provided to you with respect to each of these new services, you agree to abide by the guidelines pertaining to these new services.
Fees and Charges. Access to Liberty Bank of Arkansas’s web site is currently furnished at no charge to the customer. There is currently no set-up fee for online banking with Liberty Bank of Arkansas. Liberty Bank of Arkansas has not instituted a charge for viewing your accounts, or completing transfers to and from your individual accounts.
Any and all pricing changes made in consideration of our making Liberty Bank of Arkansas Internet banking service available to you, will be mailed to you with notification of the changes and when the new pricing will take effect. You agree to pay, and authorize us to automatically debit to the billing account designated on the Application during the first week of each calendar month, all non-refundable charges for the preceding calendar month. These charges will not be prorated for portions of a month.
You will be solely responsible for all tariff, duties, or taxes imposed by government or governmental agency in connection with any transfer made pursuant to this Agreement and for all telephone charges, Internet access service charges, tools tariffs, and other costs for online sessions initiated by you. There may be other costs and charges associated with your accounts. Please refer to the service for details.
Errors and Adjustments. We agree to correct any error made in crediting or debiting any account by making the appropriate adjustments to your account balance. You agree to repay promptly any amount credited to your account in error, and you authorize us to initiate a debit transfer to any account to obtain payment of any erroneous credit.
Account Reconciliation. The Deposit Account statements or other notices provided to you by us will notify you of (a) the execution of bank transfers or loan payments and the debits to the Deposit Account made with respect to such bank transfers and loan payments, and (b)amounts debited by the Bank from the Billing Account or any other account for payment of the services or other charge pursuant to this Agreement. You agree that we will not be required to provide any other notice to you of the execution of bank transfers, loan payments, or debits. You agree to promptly examine each statement for a Deposit Account and to promptly report any discrepancies between your records and the Deposit Account statements or any other notices mailed by the Bank to you.
Settlement of Obligation. To the fullest extent permitted by applicable law, you authorize us to obtain payment of your obligations to us under this Agreement from time to time by (a) initiating debit or credit transfers to any of the accounts or (b) deducting the payment from the amount of any bank transfer or loan payment. Such obligations include, without limitation; fees owed to us and settlement for bank transfers or loan payments initiated through Liberty Bank of Arkansas Internet banking. At the time any account is closed (whether by you, by us, or otherwise), you agree that all such obligations will be immediately due and payable to us, and you authorize us to withhold the amount of any such obligations from any account. Debiting an account or deducting payment from the amount of any bank transfer or loan payment is not the Bank’s exclusive remedy under this or any other section of this Agreement, and the Bank will not be deemed to have made an election of remedies by making any such debit or deduction on any one or more occasions.
Bank’s Liability for Failure to Make or Stop Certain Electronic Fund Transfers. If we do not complete electronic fund transfer to or from a Deposit Account in a reasonable amount of time or in the correct amount according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances:
· If, through no fault of ours, you do not have enough money in the Deposit Account (or any linked account) to make the electronic fund transfer.
· If the electronic fund transfer would go over the credit limit on any check overdraft protection line of credit account linked to the Deposit Account.
· If you have not completely and properly followed the terms of this Agreement or instructions provided by the Software regarding how to make an electronic fund transfer.
· If any data or instruction transmitted via Liberty Bank of Arkansas’s Internet banking are inaccurate or incomplete.
· If you do not initiate an electronic fund transfer according to the time limits set forth in this Agreement or if the payment amount requested is less than the full amount due.
· If the electronic fund transfer has been transferred from the Deposit Account to a third party, including, without limitation, any third party through which payment is made and any payee or its financial institution.
· If the Hardware, the Software, the Service Provider, or any part of Liberty Bank of Arkansas’s Internet system, including the loan payment service, was not working properly and you knew about the breakdown when you started your electronic fund transfer.
· If circumstances beyond our control, such as an act of God, failure, delay, or error on the part of any third party service provider (including, without limitation, the Service Provider, the United States Postal Service or any other delivery service), power outage, difficulty with telephone or cable lines or satellite communications, difficulty with any Hardware, the Software, or the Service Provider, computer virus, or related problem, or cessation of the operation of the Service Provider or the arrangement between the Bank and the Service Provider, prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken.
· If your funds are being frozen or are subject to legal proceedings.
· If the funds in the Deposit Account are unavailable (funds are only conditionally credited until they become available for withdrawal).
· If your PIN has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized.
· If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer.
· If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period of the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts).
· If the Deposit Account has been closed.
· If we do not receive the necessary transfer information from you or any third party, or if such information is incomplete or erroneous when received by us.
There may be other exceptions stated in this or any other applicable agreement that we have with you.
Limits on Bank’s Liability. Our liability for electronic fund transfer made to or from Deposit Accounts is also governed by our EFT Disclosure. If any provision herein is inconsistent with any provision of our EFT Disclosure or any provision of applicable law that cannot be varied or waived by agreement, the provisions of our EFT disclosure or applicable law shall control. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of delay or failure in the performance of any Liberty Bank of Arkansas Internet banking service in accordance with the terms of this Agreement, including but not limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund transfer that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, or punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if the Bank has been informed of the possibility of such damages,), including, without limitation, attorneys fees. The Service Provider is an independent contractor and not the Bank’s agent. The Bank’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANT ABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY THE BANK WITH RESPECT TO ANY Liberty Bank of Arkansas INTERNET BANKING SERVICE OR THE SOFTWARE, AND THE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, the Bank shall not be liable at any time to you or any other person for any loss, charge, fee, penalty, expense or other damage resulting from any failure or delay of the performance of the Bank’s responsibilities under this Agreement which is caused or occasioned by any act or thing beyond the Bank’s reasonable control, including, without limitation, legal restraint, interruption of transmission facilities, equipment failure, electrical or computer failure, was emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or loan payment. In addition, the Bank shall be excused from any failure or delay in executing a bank transfer or loan payment, if such execution would result in the violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that the Bank shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, without limitation, the Service Provider, any Internet access service provider, any Federal Reserve Bank or transmission or communications facility or any intermediary or receiving financial institution, and no such person shall be deemed the Bank’s agent.
Your Liability for Unauthorized or Erroneous Transfer. You have the obligation to immediately notify the Bank if your PIN has been lost or stolen, or if someone has transferred funds from your account through Liberty Bank of Arkansas Internet banking without your permission (or is contemplating doing so). The following provisions of the Section apply only to your liability for unauthorized electronic funds transfers. An "unauthorized electronic transfer" means an electronic fund transfer from a Deposit Account that is initiated by another person without your authority to initiate the electronic fund transfer(s) and from which you receive no benefit. The term does not include any Liberty Bank of Arkansas Internet banking electronic fund transfer that is initiated by a person to whom you furnished you PIN, unless you have notified us that electronic fund transfers by that person are no longer authorized and we have had reasonable opportunity to act on that notification. We may require that the notice be in writing. You could lose all the money in your Deposit Account, some or all of the money in any linked account, or up to your maximum overdraft line of credit if you have a check overdraft protection line of credit, if you fail or refuse to immediately advise the Bank of the unauthorized use of your PIN. If your statement shows electronic fund transfer that you did not make, tell us at once. If you do not tell us within sixty (60) calendar days after the first statement was mailed to you, you shall not be entitled to assert a claim against the Bank, nor be entitled to any damages from the Bank, as to said unauthorized transfers. This sixty (60) day limitation is without regard as to the standard of care exercised by the Bank. If you believe your PIN has been lost or stolen or that someone has transferred or may transfer money from a Deposit Account without your permission call: (870) 934-9000.
Or write:
Liberty Bank of Arkansas
P.O. Box7514, Jonesboro, AR 72403
Rejection of Payment Orders; Overdrafts. You acknowledge that the Bank or the Service Provider may from time to time, in its sole DESCRETION, reject any bank transfer or loan payment request (any "payment order") or return any bank transfer or loan payment (a) if there are insufficient or unavailable funds in the Deposit Account or the Deposit Account has been closed or is frozen, (b)if the payment order does not conform to the terms of this Agreement or the Software, or (c) if the payment order appears to be a duplicate, but neither the Bank nor the Service Provider is under any obligation to recognize that a payment is a duplicate and you should not rely on the Bank or the Service Provider to do so. If a payment order is rejected or a bank transfer or loan payment is returned, either the Bank or the Service Provider will notify you and you will have the sole obligation to remake payment order in accordance with the terms of this Agreement and the Software. The Bank or the Service Provider may from time to time, in its sole discretion and without any obligation to do so, execute any payment order or make any bank transfer or loan payment even though an overdraft to the account results. To the fullest extent permitted by applicable law, you agree that neither the Bank nor the Service Provider will have any liability whatsoever for refusing to accept any payment order or rejecting or returning any bank transfer or loan payment. If an overdraft occurs in a Deposit Account, you agree to cause sufficient available funds to pay the amount of the overdraft to be deposited or credited to the Deposit Account before the end of that business day. Any overdraft existing at the close of a business day is immediately due and payable without notice or demand.
Disclosure of Deposit Account Information to Third Parties. You agree that we may from time to time disclose to third parties information about your Deposit Account or the transaction that you make through Liberty Bank of Arkansas Internet banking. We will disclose information to third parties about your Deposit Account or the transfers you make:
1. Where it is necessary for completing bank transfers or loan payment or providing any other service in connection with Liberty Bank of Arkansas Internet banking; or
2. In order to verify the existence and condition of your Deposit Account for a third party, such as a credit bureau or merchant; or
3. In order to comply with government agency or court orders; or
4. If you give us your written permission.
Other Agreements; server ability; Governing Law. The terms and conditions of this Agreement are cumulative with and in addition to any terms of the signature cards or account agreements for you Deposit Account(s), the applicable account disclosures, the Service Schedule, the Schedule of Funds Availability, the Bank’s Electronic Transfer Agreement and Disclosure Statement, the agreements governing the Credit Accounts, and the Application, all as may be amended from time to time. In the event of any related materials regarding the Bank’s obligations to you, the terms of this Agreement will control. If any provision of this Agreement is unlawful or unenforceable, each such provision or writing will be without force thereby affecting any other provision hereof. No consumer protection provision of the Federal Electronic Fund Transfer Act of Federal Reserve Board Regulation E is intended to be waived by you under this Agreement unless the waiver is permitted by law. The parties agree to be bound by the operating rules and guidelines of the National Automated Clearing House Association and the applicable local automated clearing house association as in effect from time to time with respect to all automated clearing house transfers made hereunder. The Agreement will be governed by the substantive laws of the United States, applicable federal regulations, and to the extent not inconsistent therewith, the laws of the state where our offices holding the account(s) is located, without regard to such state’s rules regarding conflict of laws.
Amendments. We may amend this Agreement from time to time. Each amendment will be effected by our mailing or otherwise delivering the amendment, revised agreement and/or notice thereof to you in accordance with applicable federal and state laws. If no federal or state law specifically governs the amendment, the amendment shall be effected by mailing or otherwise delivering it to you or posting it in our full-service branch offices at least 10 calendar days prior to the effective date of the amendment. Notwithstanding the foregoing and to the extent permitted by applicable law, we may change any term of the Agreement without prior notice or obligation to you: (a) If the Software or the Service Provider changes any term without providing us sufficient notice to enable us to properly notify you; (b) for security reasons; (c) to comply with applicable law; or (d) as otherwise expressly provided in the Agreement.
Termination. You agree that we may cancel or restrict your use of Liberty Bank of Arkansas’s Internet banking or any Liberty Bank of Arkansas Internet banking service at any time upon such notice (including e-mail) as is reasonable under the circumstances. You may cancel Liberty Bank of Arkansas Internet banking by written request to the Bank at any time. If you cancel the service, all pending and/or recurring services will automatically be cancelled.
Assignment. You may not assign all or any part of your rights or obligations under this Agreement without our prior express consent, which may be withheld in our sole discretion. We may assign or delegate all or any part of our rights or obligations under this Agreement, including, without limitation, the performance of the services described herein. This Agreement will be binding on and inure to the benefit of the successors and assigns or either party.
No Third-Party Beneficiaries. This Agreement is for the benefit of you and the Bank and is not intended to grant, and shall not be construed as granting, any rights to or otherwise benefiting any other person, except as expressly otherwise provided in the Agreement.
Choice of Forum and Jury Trial Waiver. In the event any litigation is instituted to enforce or interpret the terms of this Agreement, you agree that the exclusive forum therefore shall be the Circuit Court of Craighead County, Arkansas. In the event that the Bank is the prevailing party, the Bank shall be entitled to reimbursement for all reasonable attorneys’ fees and costs incurred including, but not limited to, those incurred incident to any appeal. YOU AND THE BANK HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OF ALL DISPUTES, CONTROVERSIES AND CLAIMS BY, BETWEEN OR AGAINST EITHER YOU OR THE BANK WHETHER THE DISPUTE, CONTROVERSY OR CLAIM IS SUBMITTED TO ARBITRATION OR IS DECIDED BY A COURT.
