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Leighton State Bank Online Banking Agreement
ELECTRONIC BANKING AGREEMENT TERMS AND CONDITIONS PLEASE READ: BY USING THE INTERNET BANKING SYSTEM YOU AGREE TO THESE TERMS AND DISCLOSURES. IF YOU DO NOT AGREE TO THESE TERMS AND DISCLOSURES OR THE ELECTRONIC VERSION OF THIS DOCUMENT, YOU MUST EXIT THE SITE. USING OUR WEB SITE AND THE SERVICES AVAILABLE THROUGH OUR WEB SITE IS OPTIONAL. 1. Accepting the Agreement In the following materials, “you” and “your” refer to the account holder(s) and/or entities authorized by Leighton State Bank named in the enrollment form(s) used to obtain access to this site and any other person authorized by that account holder that you permit to access the site using your User ID or password. The words “we”, “us”, and “our” refer to Leighton State Bank. The word “password” refers to your secret authentication methods such as your password, challenge questions, and challenge image. This Electronic Banking Agreement is a contract between you and Leighton State Bank which governs your access to and use of Leighton State Bank’s Electronic Banking System, a system that permits customers to access certain banking services. After you have carefully read this Agreement in its entirely and the Privacy Notice found on our home page, you will be asked to accept the terms and conditions of this Agreement. When you accept the terms and conditions, you represent and warrant that you are an Authorized User acting with full authority, and that you are duly authorized to execute this Agreement. You also certify that you are able and willing to accept the electronic version of this document. You can obtain a paper copy of this Agreement at any time. By subscribing to the service, you agree to the terms and conditions of this Agreement and to future modifications of the Agreement made by us at its discretion. 2. Equipment and Internet Connection You are solely responsible for the equipment and initial setup of your personal computer and software used to access the Service. We are not responsible for errors or delays or your inability to access the Service caused by your equipment, software, or systems. We shall not be and is not responsible for the cost of upgrading your equipment to stay current with the Service nor are we responsible, under any circumstance, for any damage to your equipment or the data resident thereon. Leighton State Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage you to routinely scan your PC(s), hard drives, diskettes and other storage devices using a reliable updated virus product to detect, repair and/or remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and hardware. You may unintentionally transmit the virus to other persons or entities. In addition, some viruses may unknowingly transmit your sensitive user ID’s and passwords that can be used to create fraudulent transactions on your behalf. We are not responsible for reimbursing you for these types of fraudulent transactions if they should occur. Leighton State Bank is not responsible for establishing or maintaining your connection to the ISP to use the Service or for any interruption of Service during use. If you suspect any technical difficulties in your hardware, software, and/or internet connection while using the Service, it is recommended that you access the Service the following business day to ensure that transactions have been posted to your account as initiated. 3. PINS and Passwords; Security We may permit access to your account information and may accept as authentic any instructions given to us using your User ID and password. When you accept the terms and conditions of your Agreement, you agree to keep your User ID and password confidential. You agree to notify us immediately if your User ID or password is lost or stolen or if you believe someone else has discovered your User ID or password. If you give your User ID or password to someone else, you are authorizing that person to act on your behalf and are responsible for any transactions they authorize. We may permit such a third party to access your account information, to make transfers and payments and to otherwise use the Service. Online Banking Services requires a password, challenge questions, and a challenge image. The Service enables you to change your password; we recommend that you do so regularly. Because your Passcode is used to access your accounts, you should treat it as you would any other sensitive personal data. • You should carefully select a Password that is hard to guess. • You should not use words based on your name, address, or other personal information. • A combination of letters, numbers, and special characters may be used to increase security. • Do NOT use dictionary words. • Keep your password safe. Do Not write it down. • Your password should be changed immediately if you suspect that your password has been compromised. Upon three unsuccessful attempts to use your password, your access to the System will be revoked. To re-establish your authorization to use the System, you must contact us to have your password reset. NEITHER THIS INSTITUTION NOR ITS SERVICE PROVIDERS WILL CONTACT YOU VIA TELEPHONE OR EMAIL REQUESTING PERSONAL INFORMATION, YOUR ACCESS ID, OR YOUR PASSWORD. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS INFORMATION, PLEASE CONTACT US IMMEDIATELY. We may be liable for certain security breaches to the extent required by applicable law and regulation (see Limited Liability/Warranty Disclaimer). If any unauthorized use of your User ID or password occurs, you agree to: 1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and 2) provide reasonable assistance that we request in recovering any unauthorized transfer or payment of funds. 4. Account Information Balance information available on our web site may not reflect outstanding checks or charges, unposted transactions (such as deposits, payments or credits in process), or recent transfer or payment requests. Transfer requests may not result in immediate availability. A transfer request must be made before the Business Day Cut-off time to be effective the same Business Day. “Business days” are Monday through Friday (excluding Federal holidays). Balances in deposit accounts may also be subject to a hold (which will not necessarily be evident from your online statement, but you will receive written notice when the hold is placed). Balance information is generally provided as current as possible but may not reflect all pending transactions. Online transaction history for accounts may be limited. Although payments and transfers can be completed only on business days, the Service is available 24 hours a day, 7 days a week, except during maintenance periods, for the scheduling of payments and transfers. 5. Transfers Authorization Each time you request us to make a transfer using online banking; you authorize us to complete that transfer or payment without any further instructions or your signature. Requirements for dual signatures on checks, if applicable, do NOT apply to transfers initiated through the service. We are entitled to treat transfer requests as if they were in writing and signed by you if initiated by your User ID and password. You must have sufficient funds in your account to cover the amount of any online transfer on the scheduled payment date, or the transaction may not be processed. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires. NSF and/or overdraft charges may be incurred if the transfer or payment exceeds your account balance. Neither we nor our Service Providers shall be responsible if you give incorrect or untimely instructions. Transfers between Accounts with Us You may use online banking to transfer money between certain accounts of yours with us. You may make “variable” or “recurring” transfers. A variable transfer is a transfer that is made on a one-time basis that is: (1) scheduled to pay on the same business day you request transfer; or (2) scheduled to pay on a future business day from the business day you request such transfer and will occur on that future business day at the time of processing. A recurring transfer is one for the same amount that is made on a weekly, bi-weekly, bi-monthly, monthly, quarterly, semi-annual, or annual basis. Once started, recurring transfers will be made automatically until you tell us to cancel the recurring payment and we have a reasonable opportunity to act. Please note that transfer dates may be automatically moved to the next Business Day if you request a transfer date that is not a Business Day or you request the transfer date to be on the same day as your request and you make such request after 4:00 p.m. Central Standard Time or on a day that is not a Business Day. DO NOT SEND TRANSFER REQUESTS VIA E-MAIL. Business Online Banking Services Additional online features are currently available for Business Customers. These features may be subject to additional fees, terms and conditions. • ACH Credit and Debit Origination • Sub-User Administration • Wire Requests • Stop Payment Requests • Currency/Coin Requests Statements Transfers from your accounts with us will be reflected on the regular account statements. Please continue to review all the statements you receive. If any of your statements show incorrect or unauthorized transactions, you agree to notify us immediately. If you do not follow the Error Resolution Procedures, your statement will be considered correct for all purposes and we will not be liable for any transfers or payments reflected thereon. You agree to promptly notify us of any change in your address or telephone number. Canceling or Changing Transfers and Payments You cannot cancel a transfer after it has been entered into the system AND the information has been processed; however, you can edit or change a transfer that is still “pending”. For Business Online Banking Customers, ACH and Wire transactions cannot be cancelled if already processed by us. If you need our assistance on making edits to automatic/future dated transfers; you may call us at the number in the Contact Us section of our web site or send us a secure email using the Contact Us section of our web site. We must receive your request at least three Business Days before the transaction is scheduled for processing. If you call, we may also require you to put your request in writing and get it to us within 14 calendar days after the call. Limitations Federal regulations limit the number or certain types of transactions from certain types of accounts, such as Money Market and Savings Accounts. For these types of accounts, you may not make more than six (6) pre-authorized electronic transfers, which include computer initiated transfers, telephone transfers, checks, and point-of-sale transactions during a given monthly statement period. Each transfer and payment through online banking is counted as one of the transfers you are permitted each statement cycle authorized by personal computer through online banking are counted toward the six permitted monthly transfers. Liability for Unauthorized Use Tell us AT ONCE if you believe your User ID or password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. If your deposit account statement shows transfers or payments that you did not make, tell us at once. If you do not tell us within 60 days after the statement was delivered to you, you may not get back any money you lost after the 60 days if we can prove that we could have prevented someone from taking the money if you had told us in time. If you believe your Used ID or password has been lost or stolen or that someone has transferred, or may transfer money from your account without your permission, you can call us at the number in the Contact Us section of our web site. Our Liability for Failure to Complete Transfers If we fail to complete an electronic funds transfer or payment in time or in the correct amount, in accordance with this Agreement and when you properly instruct us, we are liable for your losses or damages. However, there are some exceptions. For instance, without limiting such exceptions, we will not be liable: (1) if, through no fault of ours, you don’t have sufficient funds in your account to make the transfer or payment; (2) if the funds are subject to legal process or other encumbrance restricting a transfer or payment; (3) if there is a technical malfunction which is known to you at the time you attempt to initiate the transfer or payment or, in the case of a recurring transfer or payment, at the time the transfer or payment should have occurred; (4) if circumstances beyond our control (such as fire, flood, power outage or communications or computer system failure) prevent the transfer or payment, despite reasonable precautions that we take. In no event are we liable for more than actual damages proved if any failure of ours was unintentional, and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid such error. 6. Error Resolution Procedures In case of errors or questions about transfers or payments from your account with us, telephone us at the number in the Contact Us section of our web site, or write to us at: Leighton State Bank, 225 Otley St, PO Box 146, Leighton, IA 50143. Contact us as soon as possible if you think a statement you receive is wrong, or if you need more information about a transfer or payment listed on your statement. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. • Tell us your name and account number. • Describe the error, or the transfer or payment you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. • Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will tell you the results of our investigation within 10 business days (5 business days if the transfer involved a point-of-sale transaction and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this we will provisionally credit your account within 10 business days (5 business day if the transfer involved a point-of-sale transaction and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before the account is opened. If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation. 7. Fees There are currently no transaction fees or monthly service charges for using our Online Banking Services. If, in the future, we begin charging fees for using Electronic Banking, you will be notified as required by applicable law. You are still responsible for any fees or charges for underlying banking services as specified in our fee schedules, as amended from time to time. 8. Change in Terms We may change the terms of this Agreement at any time. If the change would result in fees for the System Services, increased liability for you, fewer types of available electronic funds transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice before the effective date of any such change if required by law, unless an immediate change is necessary to maintain the security of an Account or our electronic funds transfer system. If advance notice of the change is not required, and disclosure does not jeopardize the security of the Account or our electronic funds transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the System Services indicates your acceptance of the change in terms. You acknowledge and agree that changes to fees applicable to specific Accounts are governed by the applicable deposit agreements and disclosures. 9. Termination This Agreement shall remain in effect until it is terminated by you or us. In the event you want to terminate your access to online banking services, please contact us at the number in the Contact Us section of our web site. Services may be discontinued immediately. You will remain responsible for all transactions that occur prior to termination, whether by you or by us. We reserve the right to terminate the Service to you at any time, with or without cause and without prior written notice; such as insufficient funds in one of your accounts or breach of any term of this Agreement. In that event or in the event that you give us a termination notice, we may immediately discontinue making previously authorized transfer or payment, including recurring transfers or payments and other transfers that you previously authorized but have not yet made. We also reserve the right to suspend access to any or all services in situations we deem appropriate, at our sole discretion, including when we believe a system security breach has occurred or is being attempted. We may consider repeated incorrect attempts to enter your User ID or password as an indication of an attempted security breach. Neither termination nor suspension shall affect your liability or obligations under this Agreement. 10. Limitation of Liability/Warranty Disclaimer ALL INFORMATION AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER WHICH ARISE OUT OF OR RELATE TO: • YOUR USE OF OR ACCESS TO (OR INABILITY TO USE OR ACCESS) THE SERVICES; • YOUR RELIANCE ON ANY INFORMATION PROVIDED VIA OUR WEB SITE; OR • ANY OTHER FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION OR DEFECT, OR ANY LOSS OR DELAY IN TRANSMISSION. YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER. NEITHER THE BANK NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER, VIRUS, SOFTWARE, OR OTHER COMPUTER PROBLEM. IF UPGRADES TO YOUR SYSTEM ARE NECESSARY TO CONTINUE TO ACCESS OUR SITE, THOSE UPGRADES ARE YOUR SOLE RESPONSIBILITY. IN NO EVENT SHALL LEIGHTON STATE BANK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, OR FOR LOST PROFITS, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY THEREOF ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE. WE DO NOT GUARANTEE THE SECURITY, PRIVACY OR INTEGRITY OF INFORMATION THAT YOU MAY TRANSMIT TO US OR RECEIVE FROM US OVER THE INTERNET. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF OUR SITE OR THE SERVICES AVAILABLE VIA OUR WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS. 11. Consent to Electronic Delivery of Notices If you subscribe to Online Banking Services, you agree that any notice or other type of communication provided to you pursuant to the terms of the Agreement, and any further disclosures required by law, including electronic funds transfer disclosures, or periodic account statements may be made electronically by posting the notice on our website or by secure messaging. Any such message or posting on our web site will be considered received by you within three (3) calendar days of the date sent by us, regardless of whether or not you login to the Online Banking Service within that time frame. If any amendment(s) to this Agreement results in an adverse effect upon our customers, we will provide at least 30 days prior notice. You also have the following rights: (1) the right to receive any current or future disclosures in a paper format upon request; and (2) the right to withdraw consent to have records provided electronically. If you choose to exercise any of these rights, please contact us at the number in the Contact Us section of our web site. 12. Assignment You may not transfer, assign or delegate your rights or duties under these terms and disclosures. We may assign this Agreement in our sole discretion. We may also assign or delegate certain rights and responsibilities under this Agreement to independent contractors or other third parties. 13. Waiver Leighton State Bank and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by an authorized officer. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. 14. Disputes In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of the Agreement. If there is a conflict between what the employees of this financial institution and/or its Service Providers say and the terms of this Agreement, the terms of this Agreement will prevail. 15. Governing Law This Agreement shall be governed by the applicable federal law and the applicable laws of the State of Iowa. Accounts and services provided by Leighton State Bank may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately. In the event any part of these terms and disclosures of the Agreement is invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. 16. Copyright and Proprietary Rights Copyright in the pages and screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Leighton State Bank and/or its Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited. 17. Complete Agreement These General Terms and the Transfer and Payment Terms are the complete terms of our agreement with respect to the Services described herein, but do not supersede the terms and conditions applicable to other products or services that you may have previously acquired from us or that you may acquire from us in the future. These terms do not, for example, supersede the terms applicable to your deposit accounts, ATM or debits cards or other line of credit or loan products. 18. Indemnification Authorized users will indemnify, defend and hold harmless Leighton State Bank and its Service Providers against and in respect to any and all loss, liability, expense and damage, including consequential, special and punitive damages, directly or indirectly resulting from: (1) the processing of any request received by Leighton State Bank through the Service; (2) any breach of the provisions of this Agreement; (3) any dispute between you and any third party in connection with the use of the Service; and (4) any and all actions, suits, proceeding, claims, demands, judgments, cost and expenses (including attorney’s fees) incident to the foregoing. These terms will survive terminations of the Agreement. ************************************************************************************************************ Additional Provisions Only for Business Customers using Business Online Banking Service: In order to enroll in this service: • Business Customers must have an eligible business account. • Business Customer account must be in good standing. This may be based on account history, credit check, credit references or a combination thereof. • Business Customer has filled out all proper ACH origination and/or Commercial Funds Transfer agreements. • Business Customer must have all computer requirements as listed previously in this disclosure. Access: Business Customer will identify a person to be the authorized Senior Administrator. We will allow the authorized Senior Administrator access to all of the approved services using Business Online Banking. This service will allow the Senior Administrator to establish individual User IDs, passwords, and privileges for each Authorized User. Transaction history is maintained for each User ID. Senior Administrator(s) will be solely responsible for designating its authorized users and assigning privileges and to amend and revoke assigned passwords and privileges. Liability: Business Customer authorizes Leighton State Bank and its service providers to act upon, and you agree to be bound by, any transactions, whether or not authorized, that is initiated with your User ID and password and/or User ID(s) and password(s) of an authorized user. Furthermore, any instructions, directions, or other information provided by the Business Customer, or any of its authorized users, will be deemed to have been authorized by the Business Customer. Leighton State Bank and its service providers will not be responsible for verifying the identity or authenticity of any person claiming to be an authorized user of the Business Customer. Business Customer assumes any and all liability arising from the use or misuse of the Service or company accounts by its authorized users. Failure to disable access of former employees or employees whose status has changed from authorized to unauthorized by the Business Customer could result in a financial loss. Business Customer agrees to indemnify and hold harmless Leighton State Bank and its service providers for any liability and damages resulting from our acting upon any direction, instruction, or information that is initiated with a User ID and password of an authorized user. You agree that we may send notices and other communications, including emails, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that Leighton State Bank or its service providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. In addition, you agree to: (1) require all authorized users to keep passwords secure and strictly confidential; and (2) immediately notify us and select a new password if you or your authorized user believe your passwords may have become known n to an unauthorized person(s). We may disable passwords of authorized users without receiving such notice from you, if we suspect passwords are being used in an unauthorized, fraudulent manner. Commercially Reasonable Security Procedures of the Service: Business customers shall be solely responsible for the development and implementation of all commercially reasonable procedures to control access to their computer systems and to protect any data files stored therein. Business customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access. These procedures should include disabling an employee who leaves the company who had access to the Service in a timely manner. Leighton State Bank and its service providers shall have no obligation, liability or control, either directly or indirectly concerning the Business Customers’ selection of security systems or devices for the protection of any data files or computers used to access the Services or over Business Customers’ development or implementation of security procedures or the failure of Business Customer to maintain said procedures. When you accept this agreement and use the Service, you acknowledge and agree that the service includes security measures which are commercially reasonable. You agree to be bound by our security procedures and instructions, which may be periodically updated. You agree to review and implement your own company’s security procedures in connection with the Service in order to protect confidentiality of your User IDs and passwords as well as those of your authorized user User IDs and passwords. Wire Transfer Service: Upon approval you may use the wire transfer service to order wire transfers from your checking account to Payees. Domestic and international wire transfers must be received by 2:00 PM CST, in order for same day delivery to occur. This assumes that all routing information is correct. To avoid any possibility of errors, we recommend that you call the receiving financial institution for wire instructions as correspondent banks may be used to process these types of transactions. All wire fees still apply. Stop Payment Orders: An order by you to us, using the Service, to stop payment of a check drawn by you on your checking account is subject to applicable law concerning stop payment orders, and such an order, using the Service, shall be considered to be an order made in writing. All stop payment fees still apply. ACH Origination: You may use the ACH origination service to initiate ACH debits and credit to consumer and commercial U.S. bank accounts. You may only use this service if you have completed and signed the ACH Origination Agreement and have been approved with authorized daily limits in place, all ACH transfer requests reach the bank 48 hours prior to the day the customer desires the transfer, the account has sufficient collected funds to pay the requested transfer, and the ACH Origination Agreement remains in effect. The Bank shall not be obligated to send the ACH transfer advices or notices to you, except as may be reflected in your monthly bank statement and except as provided in the Business Online Banking Service through the use of the file transfer listing feature. The Bank at its sole discretion and without prior notice to you may refuse to honor any ACH file transfer request if honoring the request would overdraw the account or violate the terms of this agreement or any local, state, or federal law governing the Bank. Remote Deposit: You may use the remote deposit service to deposit paper items (checks) into your Leighton State Bank checking account at your location using an approved scanning device. You may only use this service if you have completed and signed the Remote Deposit Capture Application and Remote Deposit Services Agreement and have been approved and the Remote Deposit Services Agreement remains in effect. Limitation of Leighton State Bank Liability: Leighton State Bank and its service providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms in the agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. Leighton State Bank and its service providers will have no liability for any loss or damage: • Related to the dishonesty of the Business Customer’s employees, officers, agents, or authorized users. • Resulting from any receiving financial institution’s failure to accept any payment or funds transfer request. • Resulting from any delay in the performance of this agreement, which is caused by an act of God, fire or other casualty, electrical or computer failure, delays, or failure to act by any carrier, medium or agent operating between Leighton State Bank and third parties, or any other condition outside of our control. If Leighton State Bank fails or delays making a transfer pursuant to your instruction, or if we make a transfer or payment in an erroneous amount which is less than the amount per your instruction, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you cancelled the instruction. We may pay such interest either to you or the intended recipient of the payment, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment in an erroneous amount which exceeds the amount per your payment instruction, or if we permit an unauthorized payment after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (60) days interest. If we become liable to you for interest compensation under this agreement or applicable law, such interest shall be calculated based on the average Federal Funds rate at the Federal Reserve Bank in the district nearest Leighton State Bank for each day interest is due, computed on the basis of a three hundred sixty-five (365) day year. No third party will have rights or claims against Leighton State Bank and its service providers under this agreement. The terms of this section will survive termination of this agreement.
Yes, I have read and agree to the Leighton State Bank Online Banking Agreement.
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