ONLINE BANKING AGREEMENT AND DISCLOSURE STATEMENT
This agreement states the terms and conditions that apply when you use The Bank of Missouri Online Banking Account (OBA) service. These terms and conditions are in addition to those that apply to any account(s) you have with us or any other service(s) you obtain from us. You must also follow all of our instructions and procedures applicable to the Services covered by this agreement.
“You” and “Your” mean each person who establishes an Online Banking Account with us and who uses or is authorized to use an Online Banking identification number and password or other means of access we establish or approve. The term “Online Banking” means our service that allows you to make payments, transfer funds, access accounts, obtain information and perform other transactions over the Internet by use of a personal computer and modem and/or other means we authorize or allow.
IDENTIFICATION NUMBER AND PASSWORD
To access our Online Banking service, you must use the identification number and/or other means of access we establish or provide for your Online Banking Account, together with a password. Anyone to whom you give your Online Banking identification number and password or other means of access will have full access to your accounts even if you attempt to limit that person’s authority. Access to Online Banking Service will be deactivated if not used for a period of six (6) consecutive months.
VERISIGN® IDENTITY PROTECTION END USER AGREEMENT
NOTE! YOU WILL CONCLUDE A LEGALLY BINDING AGREEMENT WITH THE ISSUER OF THE CREDENTIAL IF YOU CLICK “I ACCEPT” OR DOWNLOAD OR USE THE CREDENTIAL. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK “I ACCEPT” AND DO NOT DOWNLOAD OR USE THE CREDENTIAL.
Functions and Limitation of VIP Network and Credentials
You acknowledge the following:
Review VIP Policy
You have reviewed and understand the VIP Policy (available at
www.verisign.com/repository or at request), which further explains and defines some of the terms used in this Agreement.
Limited Functionality of Credentials
You understand that a VIP Credential (for example, a token) is intended to help you authenticate yourself to VIP Network participants (for example, participating online merchants, banks and payment providers) and increase the level of security of your web transactions with these entities. The VIP participants will use the VIP Credential to verify – with a higher degree of certainty, albeit not complete security – that you are indeed who you say you are. But, the VIP Credential is not fail proof nor can it be used as a substitute for official proof of your identity.
You understand that as there are inherent security risks on the internet, you must carefully consider the degree to which you choose to rely on your VIP Credential.
You understand that this Agreement is between you and The Bank of Missouri
(“Credential Issuer”). Jack Henry & Associates, Inc. (“Jack Henry”) and Symantec operate the infrastructure to support the use of VIP Credentials across the VIP Network. The Credential Issuer from which you applied for your Credential has contracted with Jack Henry to have the Credential delivered to you.
Credential Issuer, Jack Henry, Symantec and VIP Network participants will process, share and transmit your personal data through the internet, worldwide, to authenticate you in the context of transactions you conduct with VIP Network participants and for purposes of administering the VIP Network.
Terms and Conditions of Use
You agree to the following and shall be held liable if you act in contradiction of these rules:
Comply with this Agreement, the VIP Policy and all laws
You must use the VIP Credential and any related service only in accordance with this Agreement, the VIP Policy (available at www.verisign.com/repository or at request) and all applicable laws and regulations.
You agree to provide accurate information and to provide all information reasonably requested by the Credential Issuer, Jack Henry or Symantec.
Your Security Obligations
You will maintain secure possession of the VIP Credential and promptly notify the Credential Issuer if you lose possession for any reason (for example, if you lose the token which stores the VIP Credential). You may not let someone else use your VIP Credential.
The Credential Issuer, Jack Henry or Symantec may revoke your VIP Credential, each at its own discretion, if you breach this Agreement or if you compromise the security or integrity of the VIP Network.
In light of the limited functionality of the VIP Credentials and VIP Network as defined in this Agreement, Credential Issuer, Jack Henry and Symantec disclaim all warranties and representations (Credentials are issued “AS IS”) and limit their liability for any losses or damages (whether based on contract, tort, statute or any other legal theory) related to your use of the VIP Credential to the fullest extent possible under applicable law. Your sole and exclusive remedy for any malfunction, deficiency or other dissatisfaction related to VIP Credentials is a claim against the Credential Issuer to issue a replacement VIP Credential.
ONLINE FUNDING ACCOUNT
You may not designate any account that requires more than one signature for withdrawals. You must be the owner of this account.
ONLINE BANKING TRANSACTIONS
You, or someone you have authorized by giving them your Online Banking identification number and password or other means of access (even if that person exceeds your authority), can instruct us to perform the following transactions:
- Make transfers between your qualifying accounts to the extent authorized;
- Obtain information that we make available about your qualifying accounts; and
- Obtain other services or perform other transactions that we authorize.
LIMITS ON ONLINE BANKING TRANSACTIONS
You must have enough available money or credit in any account from which you instruct us to make a payment or transfer. If any of your qualifying accounts are money market savings accounts, certain types of withdrawals from those accounts, including payments and transfers, are limited to a total of no more than six in any specified period. The specified period for money market accounts is the monthly statement period. The kinds of withdrawals covered by this limitation are those made by means of preauthorized or automatic transfers and payments or telephone agreement. You also agree to the “Terms & Conditions of Your Deposit Account” that you received when you opened your deposit account. You can request another one of these at the time you fill out your Online Banking Account application.
OUR LIABILITY FOR FAILURE TO COMPLETE PAYMENTS OR TRANSFERS
- If we do not complete a payment or transfer on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are exceptions. We will NOT be liable, for instance:
- If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.
- If any payment or transfer would go over the credit limit of any account.
- If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
- If you have not given us complete, correct or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction.
- If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware of.
- If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due.
- If the money in the account from which a payment or transfer is to be made is subject to legal process or another claim restricts the transaction.
- If circumstances or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken.
Our Online Banking service is generally available 24 hours a day, seven days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday. Transfers made after 7:00 p.m. will be processed on the next business day. Holidays are not included.
Your Online Banking payments and transfers will be indicated on the monthly statement we provide or make accessible to you for the Online Funding Account. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement, or statement information.
Each of you agrees, for yourself to the terms of this account and the schedule of charges that may be imposed. You authorize us to deduct these charges as accrued directly from the account balance. You are liable for all transactions that you or any of you make or authorize, even if the person you authorize exceeds your authority. If you have given someone your Online Banking number and password or other means of access and want to terminate that person’s authority, you must change your identification number and password or other means of access or take additional steps to prevent further access by such person.
UNAUTHORIZED TRANSACTIONS OR LOSS OF THEFT OF YOUR ONLINE BANKING IDENTIFICATION NUMBER OR PASSWORD
If you believe your Online Banking identification number or password or other means of access have been lost or stolen or that someone has used them without your authorization, call us immediately at (888) 547‐6541 during normal business hours. After business hours you may e‐mail us at email@example.com or write to us at P. O. Box 309, Perryville, Missouri 63775‐0309. Quickly telephoning us is the best way of reducing your possible losses. Not all e‐mail may arrive at their destinations. We will send e‐mail back to you as confirmation that we did receive it. Because the Internet is not secure from being read by just anyone, do not include any of your account or social security numbers with your e‐mail. Your name, address, and a brief message as to what the problem might be is all we will need.
You are responsible for the correct setup of your personal computer. Neither we, nor any of our service providers, are liable for damages (whether direct, indirect, special, consequential or otherwise), including economic, property, personal or other loss or injury, whether caused by hardware or systemwide failure, arising or resulting from the use or maintenance of the equipment or other items necessary to operate Online Banking.
Neither we, nor any of our subsidiaries, any software suppliers, or any information providers are liable for any computer virus, spyware, spam or software‐related problems that may be attributable to the services provided in connection with Online Banking.