Agreement and Disclosure Statement
PLEASE READ THIS AGREEMENT & DISCLOSURE CAREFULLY BEFORE AGREEING TO ITS TERMS AND CONDITIONS. BY ACCEPTING THIS AGREEMENT & DISCLOSURE, YOU ACKNOWLEDGE AND AGREE THAT ITS TERMS AND CONDITIONS WILL APPLY TO AND GOVERN YOUR USE OF THE NETTELLER INTERNET BANKING SERVICES OFFERED BY BANK OF PRESCOTT ("BANK"); THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT & DISCLOSURE, AND THAT THESE TERMS AND CONDITIONS CONSTITUTE A VALID AND BINDING LEGAL CONTRACT BETWEEN YOU AND THE BANK.
If you have questions about this Agreement & Disclosure or its terms and conditions, please contact us at 870-887-2688 before agreeing to or accepting this Agreement & Disclosure.
This NETTELLER INTERNET BANKING AGREEMENT & DISCLOSURE (referred to throughout the remainder of this document as the "Agreement") between you (referred to as "you" or "the Customer") and Bank of Prescott governs your use of Bank of Prescott's NetTeller Internet Banking Services, defined as any electronic service provided by the Bank that permits you to access financial services or account information through the Internet by use of a personal computer (referred to throughout the remainder of this document as "NetTeller"). By using NetTeller, you agree to all of the terms and conditions of this Agreement. Please read it carefully and keep a copy for your records.
You are responsible for providing your own access to the Internet through the Internet Service Provider of your choice.
The terms and conditions of this Agreement are in addition to, and shall supplement, the terms, conditions, rules and regulations that apply to any of your existing Bank of Prescott accounts or services of the Bank which you currently use.
In addition to those terms, which have been previously defined in this Agreement, the following terms used in this Agreement shall have the following meanings:
“Bank of Prescott " or "Bank" -- Refers to any agent, independent contractor, designee, or assignee which Bank of Prescott may involve in the provision of NetTeller.
"PowerPay" -- Refers to the optional electronic bill payment service offered by Bank of Prescott through NetTeller. As previously defined in this Agreement, a reference to “NetTeller” includes PowerPay.
"Business Day" -- Any calendar day other than Saturday, Sunday, or any banking holiday observed by Bank of Prescott (which will generally be any day other than a Saturday or a Sunday on which Federal Reserve Banks are closed for business).
"Business Day Cut-Off Time" -- The latest time on any Business Day at which Bank of Prescott will accept a transaction through NetTeller for same-day ledger posting to the affected Bank of Prescott Account or Accounts. For NetTeller transactions, this time is currently 2:30 P.M. Central Time.
"Account" -- Any deposit account at Bank of Prescott of which you are the owner or an authorized signer. For transactions conducted using NetTeller, "Account" may mean any business account type offered by Bank of Prescott.
"User ID and Password" -- A unique NetTeller User ID and Password will initially be assigned to each customer by the Bank but thereafter to be selected by the customer. Each customer must use their unique NetTeller User ID and Password to obtain account information and perform transactions through NetTeller.
"Rules" – Bank of Prescott's rules and regulations for its accounts, include those rules about the use of NetTeller and those about Electronic Funds Transfer Services.
"Transaction" -- A debit or credit to an Account, including a withdrawal, deposit, transfer, or purchase.
3. About NetTeller Internet Banking
NetTeller consists of an online banking web site, which provides you and other NetTeller users with a complete array of financial services. NetTeller enables you to review your current and historical Account information, transfer funds between your Accounts, and initiate bill payments through PowerPay bill payment. The availability of each type of information or financial service to you is dependent upon the type or types of Bank of Prescott Accounts you maintain, the extent to which you have identified each of your Accounts on your NetTeller Internet Banking Services Application, and any applicable statutory or regulatory limitations. The use of NetTeller does not affect the applicable minimum balance requirements of, or rates of interest payable on, any Bank of Prescott Account.
4. Internet Security Information
Bank of Prescott's NetTeller Internet Banking system is part of the Jack Henry & Associates' NetTeller Home Banking Network, which utilizes a comprehensive security strategy to protect your Accounts and Transactions conducted over the Internet. In addition to log-on security, NetTeller uses SSL (secure socket layer) encryption technology for all information and banking Transactions you exchange or conduct through the system. Your Internet browser automatically activates this technology when it attempts to connect to NetTeller. It will support 128-bit key lengths. Whenever SSL is securing your communications, your browser will typically indicate a "secure session" by changing the appearance of a small icon of a padlock at the bottom of the screen from Open to Locked. What this means to you is that your communications are scrambled from your browser to the Bank's servers at all times, so no unauthorized party can read the information as it is carried over the Internet.
During each session in which you use NetTeller, the Bank will pass a "Cookie" to your browser for the purpose of identifying you during that session. A "Cookie" is security data that is given to an Internet browser by a web server that is returned by the browser to the server on subsequent transmissions to identify the user and encryption information. When you log onto NetTeller, a "Cookie" enables the Bank to process multiple Transactions during the same communication session without you having to provide your NetTeller User ID and NetTeller Password for each individual Transaction. Whenever you log off of NetTeller, or whenever you remain logged on to NetTeller for ten (10) consecutive minutes without actively using NetTeller to obtain new Account information or conduct a Transaction, the same Cookie is no longer accepted by the server and must be renewed through re-entry of your NetTeller Password. A new Cookie is used for each log-on session, so no one can use the "Cookie" to access your Account without entering your NetTeller Password.
In addition to the security measures described above, there may be other security notices posted on Bank of Prescott's general web site or the NetTeller web site regarding security issues. It is your responsibility to read all applicable notices. One of the main security features guarding the use of NetTeller is the unique combination of your NetTeller User ID and NetTeller PIN. It is important that you protect the security of your NetTeller User ID and NetTeller PIN by keeping them secret. By entering into this Agreement and using NetTeller, you agree to protect the security of your NetTeller User ID, NetTeller PIN, and any other numbers, codes, marks, signs, keys, or other means of identification of you as a NetTeller user, which may be devised or established from time to time.
Bank of Prescott reserves the right to block your access to NetTeller to maintain or restore security to the Bank's account information and data processing systems if the Bank reasonably believes your means of identification as a NetTeller user (including, but not limited to, your NetTeller User ID, Password, or other NetTeller access codes) have been or may be obtained or are being used or may be used by an unauthorized person or persons. You are liable and responsible for all Transactions made through NetTeller using your means of identification, whether those Transactions are made by you or any person you authorize, permit or enable to have your means of identification (even if the person exceeds your authority) or by any person who obtains through you, by whatever means, your means of identification. If you have given someone your means of identification and wish to terminate their authority, or if you know or believe that your means of identification has been or is otherwise compromised, you must notify the Bank so that the Bank can take the necessary steps to change the means of identification. You agree to defend, hold harmless, and indemnify the Bank from and against any and all claims of any nature arising out of any such access by a person you have authorized, permitted or enabled to have access to your Bank of Prescott Accounts via NetTeller.
5. Registration Process
In order to obtain and use NetTeller, you must complete our initial registration process. The NetTeller registration process involves completing an application that will identify your Bank of Prescott Accounts and all information we will need to make NetTeller available to you. The Bank's Account Services Department will verify the information you submit on the application for accuracy and authorization to access the identified Accounts. In about one week, you will be notified when your NetTeller service will be activated.
6. Log-on Security
As noted in Section 4 of this Agreement, security is very important to NetTeller. Prior to activation of your NetTeller service, Bank of Prescott's Account Services Department will verify your identity and authorization to obtain information and conduct Transactions on the Accounts you have requested us to include in your NetTeller service. Within one week, you will receive a unique NetTeller User ID and NetTeller Password. After your initial sign-on to NetTeller, you will be prompted by NetTeller to change your Password.
To help prevent unauthorized access to NetTeller and ensure the security of your Accounts, we will end your NetTeller online session if we have detected no activity for ten (10) minutes. This procedure is to protect you in case you accidentally leave your computer unattended while you remain logged on to NetTeller. When you return to your computer, you will be prompted to re-enter your NetTeller Password, and your session will continue where you left off.
Because your NetTeller Password is used to access your Accounts, you should treat it as you would any other sensitive personal data. You should carefully select a NetTeller Password that is hard to guess. Keep your NetTeller Password safe. Memorize your NetTeller Password and never tell it to anyone. You may consider changing your NetTeller Password occasionally, such as every 90 days. This can be done from the "Services" menu at any time after you log on to NetTeller.
You may request access through NetTeller to any Bank of Prescott account of which you are either an owner or an authorized signer. If you desire services that allow you to initiate payments or transfers from the account, you will need required withdrawal authority over the account to be able to complete the transaction. By using NetTeller, you agree to maintain one or more Accounts with us and to keep sufficient balances in your Account or Accounts to cover any transactions and fees that are ultimately approved by or related to NetTeller. If an Account included in your NetTeller access is jointly held or has multiple signers, you agree that any and all use of your NetTeller User ID and NetTeller Password to obtain information concerning the Account and initiate transactions on the Account is authorized unless we have been notified to cancel your NetTeller service.
When you instruct Bank of Prescott to transfer funds between or among your Accounts through NetTeller, you authorize the Bank to withdraw the necessary funds from the Account you designate. As with any funds transfer request, whether or not utilizing NetTeller, you agree that you will instruct the Bank to make a withdrawal only when a sufficient balance is or will be available in your designated Bank of Prescott account at the time of the withdrawal. Bank of Prescott will not be obligated to act on any withdrawal instruction from you if sufficient funds, including any overdraft lines of credit previously established for you, are not available in the Account you designate.
8. Fees For NetTeller
Fees for NetTeller service, including PowerPay bill payment, are set forth in the NetTeller Service Charge Schedule for Consumer Customers, which is attached to this Agreement as Exhibit "A." These fees are subject to amendment from time to time through the procedure for amendments to this Agreement set forth in Section 20 hereinafter.
9. Cancellation Of NetTeller Service
Your NetTeller service may be canceled in whole or in part by Bank of Prescott at any time without prior notice for any reason, including, but not limited to, insufficient funds in one or more of your Accounts or other circumstances that may create an unanticipated liability to the Bank. The Bank will use commercially reasonable measures to notify you of in advance of such cancellation, but is not obligated to do so.
After such cancellation by the Bank for insufficient funds, your NetTeller service may be reinstated by the Bank once sufficient funds are available in your Accounts to cover any fees and other pending transactions or debits. You may request reinstatement of NetTeller service after such cancellation by calling Account Services at (870) 887-2688. The Bank reserves the right to refuse to reinstate NetTeller service canceled by the Bank.
You may cancel your NetTeller service at any time by notifying the Bank by mail to Bank of Prescott, Attention: NetTeller Account Services, P.O. Box 490, Prescott, AR 71857. In the event of cancellation of your NetTeller service by either you or the Bank, you will remain responsible for all transactions approved by NetTeller prior to the cancellation, together with any other fees associated with NetTeller service.
10. Balance Inquiries, Bill Payment And Funds Transfer Limitations
You may use NetTeller to check the balance of your accounts and to transfer funds among your Accounts. According to Federal regulations, you may not make more than six (6) pre-authorized or automatic transfers from any Money Market Deposit Account or Savings Account during any single monthly statement period. There are no limits to the number of transfers or bill payments, which can be made from any Checking Account (including the following Bank of Prescott account types: Regular Checking, Direct62 Checking, Check Free, Now Account, Super Now Account, and Commercial Checking.
Bank of Prescott's PowerPay bill payment service is currently available for use only with Bank of Prescott Checking Accounts.
The balances in your Account(s) shown by NetTeller may include deposits still subject to verification by the Bank, and will not include any check deposit during the same Business Day that the deposit is delivered to the Bank. The Account balances shown by NetTeller may also differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. If you have further questions, contact the Bank's Account Services Department.
The Account balances shown by NetTeller are updated periodically, and NetTeller will display the most current "as of" date on its "Accounts" summary page. There may be situations that cause a delay in an update of your balances. NetTeller will use the most current balance available in the Bank's primary computer records at the time of a Transaction request in determining whether to approve the request.
11. PowerPay Bill Payment Service
Please refer to the PowerPay Bill Payment agreement for further details
12. The Bank's Liability For Incomplete Bill Payment Transactions
Please refer to the PowerPay Bill Payment agreement for further details
13. Notice Of Your Rights And Liabilities
Notify the Bank immediately if your NetTeller User ID and Password have been compromised, lost, stolen, or used without your authorization. Failure to notify us immediately could result in your loss of all funds accessible through your NetTeller Password. Telephoning us at (870) 887-2688 is the best way of limiting your possible loss. You could lose all the money in your Accounts, plus the full amount of any pre-approved overdraft line of credit, if you have one.
If we are notified within two (2) Business Days after you discover that your NetTeller User ID and Password have been compromised, lost or stolen, you can lose no more than $50 if someone used it without your permission. If you do not notify us within two (2) Business Days, and we can prove we could have prevented someone from using your NetTeller User ID and Password without your permission, you could lose as much as $500.
If your statement shows unauthorized transfers, notify us within sixty (60) days after the statement is mailed to you or viewed on your computer. After sixty (60) days, if we can prove that we could have stopped someone from taking the money if we had been told, you may not get back any money from us. If a good reason such as a long trip or hospital stay kept you from telling us, we may extend the sixty (60) day time period for notification to a reasonable time.
You may terminate any agreement authorizing funds transfers to or from your Account by written notice to both the person and company initiating the transfer and Bank of Prescott. Only funds transfers scheduled to occur after the Bank receives your notification are affected. Your written notice must be received by the Bank with enough time so that both the Bank and the other person or company has a reasonable opportunity to act on your request.
14. Errors And Questions
In cases of errors or questions concerning transactions completed with NetTeller, do one of the following, as soon as possible:
A. Telephone NetTeller Account Services at (870) 887-2688; or B. Write to the Bank at Bank of Prescott, Attention: NetTeller Account Services, P.O. Box 490, Prescott, AR 71857; or C. Initiate a new secure message utilizing the NetTeller secure messaging system.
We must hear from you within sixty (60) days after you receive the first statement or notification in which the error or problem appeared. Please include the following information:
A. Your name; B. Your Account Number and NetTeller User ID; C. Description of the error or what you are unsure about, plus an explanation of why you believe it is an error or why you need more information; D. The amount of the error; and E. If the error is a PowerPay bill payment error, include the following additional information: the account number of the Bank of Prescott checking account used to pay the bill; the Payee name; the date the payment was sent; the confirmation number for the payment received through NetTeller; the payment amount; your account number with the Payee for the payment in question.
We will tell you the results of our investigation within ten (10) Business Days after we hear from you. If we need more time, we may take up to forty-five (45) Business Days to investigate. If we choose to take up to forty-five (45) Business Days, we will give you a provisional credit to your Account within ten (10) Business Days. If we decide there was no error, we will furnish you with a written explanation within three (3) Business Days after the investigation is complete.
15. Limit Of Bank And Other Providers' Responsibility
Bank of Prescott agrees to make reasonable efforts to ensure full performance of NetTeller. The Bank will be responsible for acting only on those instructions sent through NetTeller, which are actually received, and cannot assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages you send. Bank of Prescott is not responsible for any losses or delays in transmission of instructions arising out of the use of any Internet Service Provider or caused by any browser software. Any information you receive from Bank of Prescott can only be provided on a best-efforts basis for your convenience and is not guaranteed. The Bank is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information. Bank of Prescott is not responsible for any computer virus or related problems which may be attributable to NetTeller or to any services provided by any Internet Services Provider. The Bank may on a regular basis perform maintenance on NetTeller or other equipment and systems operated by the Bank or its service providers, which may result in interruption of NetTeller service, and the Bank will not incur any liability to you as the result of any such interruptions. Except for the Bank's liability for its own negligence, neither the Bank, any of its affiliates, or any of their respective officers, directors, employees, or agents, is responsible for any direct, indirect, special, incidental or consequential damages arising in any way out of the use of NetTeller.
BANK OF PRESCOTT MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING NETTELLER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY PROPRIETARY RIGHTS UNLESS, AND THEN ONLY TO THE EXTENT, THAT DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.
16. Disclosure Of Account Information To Third Parties
Information about your Account(s) or the Transactions you initiate will be disclosed to third parties only if at least one of the following applies:
A. It is necessary to complete a Transaction; B. To verify the existence and condition of your Account to a credit bureau or merchant; C. To comply with a governmental agency, court order, or lawful subpoena, or to a person authorized by law to inspect or review our records in the course of such person's official duties: D. To any attorney or collection agent of the Bank; E. To an employee or outside auditor of the Bank solely for the purpose of an official audit or accounting, or to any other person for the purpose of servicing your Account relationship, including preparation of the periodic statement of account, but only to the extent actually necessary to accomplish such purposes; F. If permission is given by you, which we may require to be in writing; G. To collect information for internal use, the use of our service providers, and our servicing agents and contractors concerning NetTeller; H. It involves a claim by or against us concerning a deposit to or withdrawal from your Account; I. Where otherwise required or permitted under state or federal laws and/or regulations.
17. No Signature Requirements
When any payment or other on-line service generates items to be charged to your Account, you agree that the Bank may debit the designated Account, or the Account on which the item is drawn, without requiring your signature on the item and without any notice to you.
Bank of Prescott may assign it rights and delegate its duties under this Agreement to a company affiliated with the Bank or to any other party. You may not assign any of your rights or duties under this Agreement at any time.
The Bank may amend this Agreement in whole or in part at any time. If such an amendment changes any term(s) or condition(s) of this Agreement in a manner which would result in a greater cost or liability to you, or decrease or limit access to your Account(s), the Bank will notify you in writing at least thirty (30) days in advance by mailing a written notice covering the substance of the amendment to your current address shown in Bank records. The amendment will be in effect for Transactions after its effective date. If you do not agree with the change(s), you must notify us in writing prior to the effective date of the amendment that you wish to cancel your NetTeller service. You understand that by using NetTeller after you have been notified of such an amendment and it becomes effective, you will have agreed to the amendment and are bound by its terms. Amendments or changes to NetTeller and the term(s) or condition(s) of this Agreement may be made by the Bank without prior notice to you if such amendments or changes do not result in higher fees, restriction in service, or increased liability to you.
20. Entire Agreement
This Agreement is the entire agreement between you and Bank of Prescott regarding your use of NetTeller, and it supersedes any prior discussions and agreements between you and the Bank regarding NetTeller, and supersedes any marketing or similar material pertaining to NetTeller delivered to you in writing, verbally or obtained at any Bank Internet site or the site of any Internet Service Provider. This Agreement supplements any other agreements or disclosures related to your Account(s), including, but not limited to, the Bank's standard deposit account agreement and disclosures. In the event of a conflict between this Agreement and any other agreement between you and the Bank concerning your Account(s), or any statements made to you by employees or agents of the Bank concerning your Account(s), this Agreement shall supersede and control.
21. Governing Law
The terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas. Any issue relating to an account or service with Bank of Prescott, which you access through NetTeller shall be governed by the laws specified in the agreement for that Account or service if there is a separate agreement for that Account or service.
BY SUBMITTING A NETTELLER SERVICE APPLICATION TO BANK OF PRESCOTT, YOU WILL BE ACKNOWLEDGING AND AGREEING THAT THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT WILL APPLY TO AND GOVERN YOUR USE OF NETTELLER.
To Bank of Prescott NetTeller Internet Banking Agreement & Disclosure
NetTeller Service Charge Schedule
NetTeller Access Only:
No Charge for NetTeller access.
NetTeller Plus PowerPay Bill Payment:
$5 Per Bank Account Per month after 90-day free trial period for first time PowerPay customers. Any bank account that is set up in PowerPay to pay bills from will be charged a $5-dollar monthly fee. For Example: Two bank accounts setup in PowerPay would result in a $5-dollar monthly fee to each account for a total of $10 in monthly fees resulting from PowerPay.
The following charges will also be assessed: Insufficient Funds $25.00, Stop Payment $15.00. Such fees, however, may change from time to time. You agree to pay all fees applicable to the Service. The service charges set forth in this Schedule are for NetTeller access and/or PowerPay bill payment only. Service charges assessed by Bank of Prescott for other services, including any monthly service charges, NSF's and Stop Payments are in addition to the charges shown on this Schedule. The service charges shown on this Schedule do not include charges for general access to the Internet assessed by an Internet Service Provider.