DISCLOSURE STATEMENT FOR ONLINE BANKING

                                   

Online Access Agreement:

The Online Access Agreement contains the terms that govern your use of online banking.  By accessing your accounts through Bank of Zumbrota using services described below or future services offered by Bank of Zumbrota internet site you agree to be bound by the terms of this Agreement.  If you have any questions or do not thoroughly understand any of the terms set forth in this Agreement, please contact us prior to your use of this service.

The terms and conditions of the deposit agreements and disclosures for each of your Bank accounts as well as your other agreements with Bank of Zumbrota continue to apply notwithstanding anything to the contrary in this Agreement.

This Agreement is also subject to applicable Federal laws and the laws of the State of Minnesota (except to the extent this Agreement can and does vary such rules or laws).  If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect.  The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions.   Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach.  You may not assign this Agreement.  This Agreement is binding upon your heirs and Bank’s successors and assignees.  Certain of the obligations of the parties pursuant to this Agreement, that by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, shall survive termination, cancellation or expiration of this Agreement.  This Agreement, together with the enrollment form and fee schedule, constitutes the entire agreement between you and Bank of Zumbrota with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein. 

No Warranties:  Bank of Zumbrota makes no representations or warranties to you or any other person, express or implied, in law or in fact, and disclaims any and all implied warranties of fitness for a particular purpose, merchantability or suitability, to you or any other person, of any of the services provided by the bank under this Agreement, or any computer software products, or programs provided by the bank under this Agreement, communication interfaces with those used by you.

Online Communication:  Secure messaging is available through the “Contact Us” option.  This consists of a basic informational form located under a Security Socket Layer (SSL).  Electronic Mail (e-mail) is available through our e-mail directory and several other points of access throughout our website.  The e-mail on our website is not covered by SSL and should be used for general use such as, but not limited to, comments on service, basic questions that should not reveal financial information or private individual information, such as, but not limited to, account numbers, social security numbers or credit card numbers.

External Links:  Bank of Zumbrota’s website offers numerous external links.  These external internet addresses contain information created, published and maintained by sources independent of Bank of Zumbrota.  Bank of Zumbrota has no control over these internet addresses and therefore does not guarantee the accuracy or completeness of the information gathered from these resources and therefore will not be held liable for their content.  Any use of information obtained from such addresses is voluntary.

Online Banking Agreement:

This Agreement pertains to Individuals and Businesses.  The text of this Agreement refers to each person listed as an authorized user as “you” and “your”.  Bank of Zumbrota uses the terms “we” and “our” to refer to themselves.

Services:  Bank of Zumbrota agrees to provide online account access through www.bankofzumbrota.bank in order to obtain account transaction history, balances, order checks, make stop payment requests, make transfers between authorized accounts, change your address, pay bills and other information and services.  This Agreement does not replace current disclosures available for account holders but is in addition to them.  These disclosures are available online during new account requests, in person, or by mail.  Bank of Zumbrota may introduce new Online Services. When this happens we will update our website to reflect these changes.  By using our website, you agree to be bound by the terms contained in this Agreement at that time, which will include new products.  It is your responsibility to review this policy periodically for changes.

Limits on Internet Banking Transactions:  You must have enough available money or credit in any account from which you instruct us to make a payment or transfer.  Transfers from your Money Market Savings or Regular Savings account to another account or to third parties by preauthorized, automatic, telephone or online banking transfer are limited to 6 per month.  You also agree to the Terms and Conditions of Your Deposit Account that you received when you opened your deposit account. 

Authorized Access:  You must have one or more accounts established at Bank of Zumbrota, access to Internet service, and an e-mail address.  To access an account you must have the required hardware and software, and a user name and password, which is received during enrollment.  Access to your accounts through Online Banking will be based upon the identification of users and authority levels specified by you on your Enrollment Form.  We undertake no obligation to monitor transactions through Online Banking to determine that they are made on behalf of the accountholder.  Subject to the terms of this agreement, you should be able to access your accounts through our Website (referring to www.bankofzumbrota.bank) 24 hours a day, 7 days a week.  At certain times this service may not be available due to system maintenance or uncontrollable circumstances.  Bank of Zumbrota will still have service available: ATM (automated teller machine), by phone and during normal banking hours at our facility, assuming no major disaster has occurred.

Liability:  Bank of Zumbrota is responsible for complying with the terms of this Agreement.  Our liability to you is explained in any current up to date agreements, notices and disclosures that we separately provide or make available to you regarding your accounts and our services.

In no event we will have liability for any consequential, special, punitive or indirect loss or damages, whether or not any claim for such damages is based on tort or contract or we knew or should have known the likelihood of such damages in any circumstances.

Indemnification:  Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your account, if you are an owner of an account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with an account or the performance of an online banking service.  You or your authorized representative provides this indemnification without regard to whether our claim for indemnification is due to the use of the service.

Third Parties:  Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure  of your equipment or software, or that of an Internet browser provider, by an Internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to online banking services through the service.

Authorization:  You warrant to Bank of Zumbrota that you have full and complete authority to enter into this Agreement.  You agree that we are authorized to act on instructions received under your password.  You accept responsibility for the confidentiality and security of your password and agree to change your password regularly.  Bank of Zumbrota may accept oral or written instructions (including written instructions sent via facsimile or other electronic transmission) from any person.  Any person may utilize the service that has been provided a password and/or user name by you.  Bank of Zumbrota may require further written confirmation of instructions given orally or by facsimile.  Any person authorized to sign on an account is also deemed to be authorized to conduct any transaction related to that account.  Bank of Zumbrota may, at its own discretion, rely on any written notice containing signatures of an authorized person if we believe, in good faith, that the signature is genuine.  Each authorized person may act alone.  If we receive conflicting instructions from an authorized person we may honor one or more of the instructions received, refuse to honor any of the instructions until we receive instructions to which all authorized persons agree or submit to a court all funds which are subject to the conflicting instructions.

Bank of Zumbrota Has No Liability:

 

Termination:  Unless otherwise required by applicable law, Bank of Zumbrota may terminate this Agreement and/or your access to an online banking service through Bank of Zumbrota, in whole or in part, at any time.  Access to our online banking service in whole or in part, may be reinstated by us, at our discretion, at any time.  If reinstated, the then current terms of this Agreement will control.  You may request reinstatement of our online banking service by calling 1-507-732-7555 during regular business hours.  If you wish to cancel any of your online banking services, contact Bank of Zumbrota Customer Service at 1-507-732-7555 or send us cancellation instructions in writing to Bank of Zumbrota, PO Box 8, Zumbrota MN 55992.

Agreement Changes:  Except as otherwise required by law, rule, or regulation, we may change the terms of this Agreement at any time.  When changes are made we will update this Agreement on the website.  The website will be updated on the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated an earlier time.  As always, you may choose to accept or decline changes by continuing or discontinuing your use of Bank of Zumbrota online services.  Changes to fees or terms applicable to accounts are governed by the agreement otherwise governing the applicable account.  Unless otherwise required by applicable law, in the event that we are required to provide a notice or other communications to you in writing, that notice or other communication may be sent to you electronically to your internet address as reflected in our then current records. 

Disclosure of Information:  You authorize Bank of Zumbrota and each of its affiliates to disclosure to third parties information you have provided or that our affiliates or we have obtained about your accounts and the transfer you make:

Miscellaneous Fees and Charges:  You are agreeing to accept and pay Bank of Zumbrota for the services in accordance with the fee schedule.  Fees covered under this Agreement and any other separately disclosed agreement in connection with your account(s) would continue to apply to those account(s) and to your online banking services.  We may modify this fee schedule at any time upon 30-day prior written notice to you such as, but not limited to, a statement message or an individual notice.  You are responsible for any telephone charges that you may incur by accessing your account(s) utilizing our services and other applicable fees.

Security Procedures:  You acknowledge and agree that you have approved and will abide to the security procedures set forth in this Agreement and any other security procedures established by Bank of Zumbrota that have and/or will be presented to you in the future.  You also acknowledge and agree that these procedures are commercially reasonable and adequate for the purpose intended.  Bank of Zumbrota may rely on the security procedures identified herein to determine whether any instructions are authorized, and you will be bound by instructions issued in its name (or in the name of its authorized persons) and accepted by Bank of Zumbrota in compliance with the security procedures set forth, whether or not you actually authorized such instructions.  If the security procedures include password or user name number, you agree that you and your authorized persons are responsible for keeping your password confidential and secure and agree to change your password regularly.  If you believe or have reason to believe that any security procedure or password has or may have become known by unauthorized persons you will immediately notify Bank of Zumbrota in person or by telephone and agree to confirm that oral notification in writing to Bank of Zumbrota within 24 hours.  Bank of Zumbrota shall have no liability for losses caused by unauthorized access to any confidential information and you will hold Bank of Zumbrota harmless from any losses, costs, suits, damages, liabilities and expenses resulting from your failure to keep the password confidential or otherwise adequately manage the use of the password, communication or computer system used to access our website.  This includes, but is not limited to, unauthorized users having access to your password, your computer while logged on using your password, or a continual computer connection such as DSL that may leave your system vulnerable.  You will be liable for any instructions and other communications initiated before Bank of Zumbrota has received such notice and has had reasonable opportunity to act on such notice.  Bank of Zumbrota reserves the right to change one or all of the security procedures at any time by giving written notice (which may be made by e-mail or facsimile) to you.  You understand the importance of your role in preventing misuse of your account(s) through Online Banking and you agree to promptly examine your paper statement for each of your bank accounts as soon as you receive it.  Data transferred via Online Banking is encrypted in an effort to provide transmission security and Online Banking utilizes identification technology to verify that the sender and receiver of Online Banking transmissions can be appropriately identified by each other.  Notwithstanding our efforts to insure that the Online Banking system is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including e-mail, occur openly on the Internet and potentially can be monitored and read by others.

We recommend that you create a password that utilizes both upper and lowercase alpha and numeric characters for purposes of security.  Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.

Acceptance of Terms and Conditions:    The first time you access any of your bank account(s) through use of the services, you agree to be bound by all the terms and conditions of this Agreement and acknowledge your receipt and understanding of this disclosure.

Business Day:  Unless otherwise defined by this Agreement or other agreements received from us, a Business Day is Monday through Friday, that Business Day cutoff being that of 3:00 p.m. (Central time)  Anything received by us after 3:00 p.m. (Central Time), Saturdays, Sundays, and selected Federal Holidays shall be considered Non-Business Days.  All transactions, deposits, instructions, and entries received by us during a Non-Business Day will be treated as if received on the next Business Day.  You may contact us to inquire if a given Federal Holiday is determined by us to be a Business Day.

Miscellaneous Terms and Conditions: 
1.      Severability – If any section, provision or condition of this Agreement is deemed invalid or unenforceable the provision deemed invalid or unenforceable will, to the extent permitted by applicable law, be deemed reformed so as to be valid and enforceable.  If such reformation is not possible, this Agreement will be read as if that provision were never a part of it, and the remainder of the Agreement will be valid and enforceable.
2.      No Waiver – If Bank of Zumbrota waives any failure or breach by you hereunder; such waiver will not operate to waive any other breach of the same or different provision.
3.      Additional Information – You agree to execute any additional documents and to provide any information (including information necessary to remake or reconstruct any deposit, transmission, file or entry) that Bank of Zumbrota reasonably requests.
4.      Force Majeure – No party will be deemed to have breached this Agreement if it fails to perform because of a cause beyond the reasonable direct control of that party, and without fault or negligence of that party.  Examples of causes beyond the reasonable direct control of a party include, without limitation, any failure or interruption of any electronic communication system between you and Bank of Zumbrota, equipment or software failure or malfunction, electrical, computer, or mechanical failure or malfunctions, action or inaction of government, civil or military authority, fire, strike, lockout or other labor disputes, flood, hurricane, war, riot, theft, earthquake, natural disaster, default of common carriers or third party vendors, and suspension in payments by another financial institution.
5.      Successors and Assignees – This Agreement is binding upon and is for the benefit of Bank of Zumbrota and you and their respective successors and assignees.  Bank of Zumbrota may, at any time, assign this Agreement to any affiliate, subsidiary, parent company, any company owned or controlled by any affiliate, subsidiary or parent company or any entity who acquires substantially all of the business of Bank of Zumbrota.  Otherwise, Bank of Zumbrota and you may not assign this Agreement to any other person without the express written agreement of the other party.
6.      Amendments – We reserve the right to change the charges, fees or other terms described in this Agreement.  When changes are made to any fees, charges, or other material terms, we will update this Agreement, and e-mail a notice to you at the address shown on our records.  The notice will be sent at least thirty (30) days in advance of the changes.  (If you prefer not to receive notices via e-mail, please notify Bank of Zumbrota by sending an e-mail message to emailus@bankof zumbrota.bank, by phone 507-732-7555, or by stop by the Bank at 70 West 3rd St or 1440 Main St in Zumbrota, Minnesota.
7.      Applicable Rules, Laws, and Regulations – This Agreement shall be governed by, and you agree to comply with, the laws and regulations of the State of Minnesota (except to the extent this Agreement can and does vary such rules or laws) and applicable Federal laws and regulations.  In addition, you agree to be bound by and will comply with the terms of this Agreement, requirements of your account(s), Bank of Zumbrota’s rules and regulations and the rules and regulations of any funds transfer or wire system to which Bank of Zumbrota belongs.  Any dispute between Bank of Zumbrota and you must be brought in the relevant court in Goodhue County, Minnesota where Bank of Zumbrota is located.
8.      Notices – Unless otherwise required by applicable law, in the event we are required to provide a notice or other communication to you in writing, that notice or communication may be sent to you electronically to your e-mail address as reflected in our then current records.

9.       Additional Information - You agree that Bank of Zumbrota may send initial account disclosures/agreements, privacy policy, changes in terms and conditions, periodic disclosures, fee changes, NSF/Overdraft notices, and marketing material electronically.

Bill Payment Services:  Bank of Zumbrota Bill Payment Service allows you to schedule bill payments.  You can arrange, at your option, for the payment of your current, future and recurring bills from your checking account(s).  Account(s) that require two or more signatures to withdraw or transfer funds may not be used as a Bill Payment account.  There is no limit to the number of payments that may be authorized.  You may pay anyone in the USA through the Bill Payment Service.  However, we discourage any court ordered payments, or payments to federal, state, or local tax agencies.  In no event shall the service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, misposted, or misdirected payments will be the sole responsibility of you and not of the Service. By furnishing us with the names of your payees and their addresses, you authorize us to follow the payment instructions to payees that you provide us via the service.  The date the payment is to be sent is called the “Payment Date”.  When we receive a payment instruction (for the current or a future date) we will remit funds to the payee on your behalf from the funds in your bill payment account (this is the checking account you select to be debited for bill payment) on the Payment Date.  We will not be obligated to make a payment unless your Bill Payment account and/or linked overdraft protection account has sufficient funds or credit available to pay the bill on the payment date.

Scheduling:  There will be a delay between the Payment Date (the date your payment is sent) and the date the payee receives that payment.  Any payment made through the Bill Payment service requires sufficient time for your payee to receive your payment and credit your account properly.  To avoid incurring finance or other charges, you must schedule a payment sufficiently in advance of the due date of your payment.  When you schedule payments, you must schedule the payment at least five (5) full business days prior to the date the payment is due.

No Duty to Monitor Payments:  We do not have any duty to monitor the payments that are made through the Bill Payment Service.  If you are a business and an authorized representative of your business uses your Bill Payment Account to pay bills which are not yours, you assume the entire risk of loss and indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments, and expenses arising out of or in any way connected with such use.

Stop or Change Instructions:  You have the right to stop or change any scheduled bill payment.  However, you must cancel a payment by no later than 3:00 p.m. (central time), the business day before the Payment Date, by altering the payment date on the Bill Payment screen, or by calling customer service at 507-732-7555.  If the payment date is on a weekend or holiday, the stop payment must be initiated no later than 3:00 p.m. (central time), two (2) business days prior to the Payment Date.

Bank Errors:  If Bank of Zumbrota does not properly complete a bill payment on time or in the correct amount, we will pay any late fees or finance charges, which you reasonably incurred as a result as long as your account was in good standing with the payee prior to this incident.  We will be liable to you if we fail to stop a payment pursuant to your order to do so, so long as your order describes the payment with reasonable certainty and is received on time and in a manner that affords us a reasonable opportunity to act on it before the payment is sent.  Except as stated in this Agreement, any stop payment provision of the agreement otherwise governing your account that is applicable to checks will also apply to the Bill Payment service.  We will not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges and late fees.  In addition, we will not be liable if any third party through whom any bill payment is to be made fails to properly transmit the payment to the intended payee. We will not be liable if there are not sufficient funds available or credit availability in your Bill Payment account and/or overdraft protection plan; if a legal order directs us to prohibit withdrawals from the Bill Payment account; if the Bill Payment account is closed or frozen; or if any part of the electronic funds transfer system is not working properly.  We will not be liable for indirect, special, or consequential damages arising out of the use of the Bill Payment Service.

Bill Payment Service Fees:  If you elect to use the Bill Payment Service, by setting up vendors, scheduling payments and identifying payment amounts, you are acknowledging that you want to use the Bill Payment Service.   You authorize us to charge your Bill Payment account for the fees.  You will be assessed a $3.00 per month maintenance fee, plus a $.55 per payment issued fee.  If you elect to not issue a payment during the month, you will still be assessed the monthly $3.00 maintenance fee.  If you want to stop using Bill Payment Service, you must notify us at Bank of Zumbrota Customer Service, 507-732-7555.  If you close your current account, you must notify us and designate a new account that will be your Bill Payment account.  Additionally, if you close all your accounts, you must notify Bank of Zumbrota Customer Service to cancel your Online Banking Service.

Electronic Fund Transfer Provisions for Consumers:

1.      Applicability – The provisions in this section apply only to electronic funds transfers that debit or credit a consumer’s checking, savings or other account and are subject to the Federal Reserve Board’s Regulation E (an EFT).  Bank of Zumbrota, may when applicable, rely on any exceptions to the provisions in this section that are contained in Regulation E.  All terms not otherwise defined in this Agreement, which are defined in Regulation E, will have the same meaning when used in this section.
2.      Your Liability – Your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows:
a.       If you notify us within two business days after learning of the loss or theft of your password, your liability will not exceed the lesser of $50 or the amount of unauthorized EFTs that occur within the two business days, whichever is less.
b.      If you fail to notify us within two business days after learning of the loss or theft of your password, your liability will not exceed the lesser of $500 or the amount of unauthorized EFTs that occur within the two business days, whichever is less; and the amount of unauthorized EFTs that occur after the close of two business days and before notice to us, provided we establish that these EFTs would not have occurred had you notified us within that two-day period.
c.       You must report an unauthorized EFT that appears on a periodic statement within 60 days of our transmittal of the statement to avoid liability for subsequent transfers.  If you fail to do so, your liability will not exceed the amount of the unauthorized EFTs that occur after the close of the 60 days and before notice to us, provided we establish that these EFTs would not have occurred had you notified us within the 60-day period.  You may, as applicable, also be liable.

 

Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:

E-mail –  emailus@bankofzumbrota.bank.
Telephone – 1-507-732-7555 or toll free 1-888-359-6268.
Facsimile – 1-507-732-5567 Downtown or 1-507-732-7606 South Main.
Postal Mail – Bank of Zumbrota, PO Box 8, Zumbrota MN  55992.
In Person – Bank of Zumbrota, 70 West 3rd St or 1440 Main St in Zumbrota, MN. 

                                    Click here for a
                                    Printable version                                        I Accept           I Decline

 

All rights reserved, @ copyright Bank of Zumbrota 2005.