Internet Banking Service Agreement Terms and Conditions
This Internet Banking Services Agreement Terms and Conditions (Agreement) between you and Glacier Bank govern the use of Glacier Bank internet banking services (“Internet Banking”).
Please read this Agreement carefully and keep it for future reference. When you use any of the Internet Banking services described in this Agreement, or authorize others to use them, you agree to all of the terms and conditions contained in this Agreement.
Definitions. The words you and your refer to either and all of the persons agreeing to this Agreement. The words we, us, and our refer to the financial institution identified in this Agreement. The words your deposit accounts refer to the deposit accounts with us identified in this Agreement. The words your loan accounts refer to the loan accounts with us, including lines of credit, on which either or all of you are obligated to us. The words your accounts refer to your deposit accounts and your loan accounts. The words our internet service refer to our Internet Banking Service as described in this Agreement and as modified by us from time to time. The word terms refers to the terms and conditions contained in this Agreement. ACH refers to Automated Clearing House.
Security. We work hard to make our website secure. We will employ such security measures as in our reasonable judgment are appropriate to secure our website. You will not use our website for unauthorized purposes. We may monitor and audit transactions made through our website.
As a courtesy to you, we offer a third-party security software program which can be downloaded by you through our internet service and which can be used alongside other recommended preventative security measures and programs including firewalls and anti-spam/anti-virus/anti-spyware. The purpose of this software is to help prevent the theft and misuse of your username, password, and other sensitive login information. We offer this through a third party and may require it for certain accounts as determined by us from time to time. We do not make any covenants, warranties or guarantees that this software will prevent or help to prevent the theft or misuse of your username, password or other sensitive login information. Except as expressly set forth in this agreement or otherwise required by law, we will not be liable for any losses or damages resulting from:
· your download and installation of the software on your computer; or
· deficiencies in your computer hardware or software or in your ability or care in using them.
Access to Accounts Via the Internet. Subject to the terms set forth below, we will provide you with our internet service. When you first set up your Internet Banking User ID and PIN/Password, we will link all of your accounts to that User ID and PIN/Password. If you open an additional account with us at a later date, that account will automatically be linked to your Internet Banking User ID and PIN/Password unless you instruct us not to link the new account. You can use your Internet Banking account to access your accounts by computer via the internet through our website using your User ID and PIN/Password and providing such other information as may be required by our website to accomplish the following:
· Transfer funds between your deposit accounts.
· Make payments from your deposit accounts to your loan accounts.
· Make payments from your deposit accounts to third parties pursuant to our Internet Bill Payment Program described below.
· Transfer funds from lines of credit you have with us to your deposit accounts.
· Transfer funds from your deposit accounts to accounts held by you or others at another Financial Institution.
· Get information about your accounts, such as account balances or information on deposits or withdrawals.
· Business customers may have access to additional services including the ability to initiate payroll and tax payments.
We will have no obligation to carry out any transfers or payments unless there are sufficient funds in the pertinent deposit account or any overdraft line of credit on that deposit account. We will promptly provide you with a User ID, PIN/Password, the address of our website through which you can access your accounts, and such other information as you will need to participate in our internet service.
Access to Account via Mobile Device. We offer a mobile banking service which allows you to access your accounts via certain supported mobile devices using your Internet Banking User ID and PIN/Password and providing such other information as may be required by us. Mobile Banking permits a user to access the following account information and take the following actions:
· Transfer funds between your deposit accounts.
· Make payments from your deposit accounts to your loan accounts.
· Make payments from your deposit accounts to third parties pursuant to our Internet Bill Payment Program described below.
· Transfer funds from lines of credit you have with us to your deposit account.
· Transfer funds from your deposit accounts to accounts held by you or others at another Financial Institution.
· Get information about your accounts, such as balance or information on deposits or withdrawals.
· Personal (consumer) customers can make check deposits using our Remote Deposit Anywhere service.
· Business customers may have similar options. Contact the bank for more information.
ACCOUNT ACCESS. To prevent unauthorized access to your accounts and to prevent unauthorized use of your Internet Banking service, you agree to protect and keep confidential your account number, PIN, user name, password, or other means of accessing your accounts. The loss, theft, or unauthorized use of your account number, PIN, user name, password or other means of accessing your accounts could cause you to lose some or all of the money in your accounts, plus any amount available under your overdraft protection credit line. It could also permit unauthorized persons to gain access to your sensitive personal and account information and to use that information for fraudulent purposes, including identity theft. If you disclose your account number, PIN, user name, password or other means of accessing your accounts to any person(s) or entity, you assume all risks and losses associated with such disclosure. If you permit any other person(s) or entity, including any data aggregation service providers, to use the Internet Banking service or to access or use your account number, PIN, user name, password, or other means of accessing your accounts, you are responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by such person(s) or entity.
REMOTE CHECK DEPOSIT. We offer a remote check deposit service which allows consumer account customers to deposit eligible checks into designated account(s) from a web-enabled mobile device by creating an image of the front and back of the check and delivering the check image and associated deposit information to the bank electronically. Business customers may have similar remote deposit options. Contact the bank for additional information.
You are responsible for paying the fees associated with the use of this service. Contact the bank or see the bank fee schedule for details.
Items Eligible for Deposit. You agree to only image and deposit original checks, as defined by Regulation CC and Check Clearing for the 21st Century Act, which are properly payable to the owner of the account and contain the drawer's signature. The following types of checks are not eligible checks:
· Traveler's Checks
· Money Orders
· Checks drawn on a financial institution located outside the United States, including but not limited to, Canada
· Checks not payable in United States currency
· Checks previously converted to an image replacement document or substitute check, as defined by Regulation CC
· Checks that are remotely created checks, as defined by Regulation CC
· Checks payable to any person other than the account holder of the account into which the check will be deposited
· Checks containing an alteration on the front of the check, which you know or suspect are fraudulent, or are otherwise not authorized by the account holder
· Checks payable jointly, unless deposited into an account in the name of all payees
· Checks dated more than six (6) months prior to the date of deposit
· Checks or items prohibited by the bank's current procedures relating to the services or which are otherwise not acceptable under the terms and conditions governing the account
· Checks payable on sight or payable through drafts, as defined by Regulation CC
· Checks with any endorsement on the back other than that specified in this agreement
· Checks that have been previously submitted or deposited through the remote check deposit service or through a remote deposit capture service offered at any other financial institution
· Checks previously submitted for deposit and returned
The check image will be sufficiently inclusive and high quality to permit us to satisfy all pertinent requirements of the following: the Check 21 Act, 12 USC 5001, et seq; all related laws or regulations; all other state or federal laws and regulations; The American National Standards Institute; The Electronic Check Clearing House Organization; and all other clearing houses or associations.
You agree to restrictively endorse any eligible item transmitted through the remote check deposit service as “For Deposit Only, Account # __________________ (Signature of Payee/Account Holder)” or as otherwise instructed by the bank.
We will credit your account for an eligible item included in a Remote Deposit if, but only if, we have received it and it has been accepted for deposit. We reserve the right to reject any item transmitted through the remote check deposit service, at our discretion, without liability to you.
You may forward only one check image at a time for deposit. The total dollar amount of eligible items that can be transmitted to us under this agreement is limited to $2,500.00 per day . We reserve the right to modify these limits from time to time.
Remote deposits must be received by 6pm MST cut-off time on a business day. Any Remote Deposit not received on a business day or not received in their entirety by the designated cut-off time on a business day will be considered to have been received on the next business day.
Funds from eligible items included in Remote Deposits will be available to you at such times after their acceptance for deposit under this Agreement as they would be available to you after their acceptance for deposit had they been deposited as paper originals in person to one of our employees at our main facility, under our policies as reflected in our then current Funds Availability Disclosure. Even after funds are available to you and have been withdrawn, you will still be responsible for returned items or any other problems with the remote deposit.
You will retain and preserve the paper original of each eligible item included in a Remote Deposit for a period not to exceed 5 days after it is accepted for deposit and will destroy it immediately after the expiration of that period.
You will examine your statement of account and report to us any errors relating to Remote Deposits within 60 days after the applicable account statement is sent. If you do not discover and report to us any such errors or any other issues regarding Remote Deposits within 60 days from when the statement including the Remote Deposits was first sent or made available to you, you cannot assert the errors or other issues against us.
By using the remote check deposit service, you accept the risk that a check image may be intercepted or misdirected during transmission. Bank bears no liability to you or others for any such intercepted or misdirected check images or information disclosed through such errors.
Unless prohibited by law, by making Remote Deposits you make the following warranties to us and agree to indemnify us and hold us harmless from any claim, loss, liability, expense or damage from your breach of such warranties, including payment of our reasonable attorneys’ fees and litigation expenses:
· That you were entitled to deposit each of the eligible items included in your Remote Deposits;
· That only paper originals of bona fide eligible items have been scanned for Remote Deposits;
· That each of the eligible items included in your Remote Deposits was duly authorized in the amount stated on the eligible item and to the payee stated on the eligible item;
· That there was and will be no duplication among eligible items included in your Remote Deposit;
· That you will not deposit or redeposit the paper originals of the eligible items included in your Remote Deposits or make any other deposits or redeposits of such eligible items without our informed consent;
· That we will not suffer any loss as a result of your Remote Deposits;
· That we will not suffer any loss as a result of your retention or destruction of the paper originals of eligible items included in your Remote Deposits;
· That all information you provide to us regarding your Remote Deposits will be accurate;
· That your Remote Deposits and all information you provide to us will be virus-free;
· That your Remote Deposits will not violate any laws; and
· That you have performed and will perform all your obligations under this Agreement.
Internet Bill Payment Program. The following is our Internet Bill Payment Program which you may elect to use:
If you elect to use our Internet Bill Payment Program, we will make payments on your behalf from any of your deposit accounts, as directed by you, to third parties by electronic payment or preparing and mailing checks drawn on such accounts.
Unless otherwise required by law, we will not be liable for indirect, special, or consequential damages for failure to mail, or erroneous or tardy mailing, under this program.
This program cannot be used to make the following types of payments:
Please refer to our separate fee schedule for additional information about charges.
Online Financial Management with Account Aggregation. Our Online Financial Management Account Aggregation service allows you to enter your username, password and other login information for your account(s) at other financial institutions for the purpose of allowing the Account Aggregation service to access those accounts and aggregate those accounts into the Online Financial Management service. If you elect to use this service, you hereby agree to abide by all policies, requirements and restrictions communicated in writing to you with respect to the Account Aggregation service. You further acknowledge, understand and agree that your username, password and other login information for any of your account(s) which you elect to add to the Account Aggregation service will be saved and used by the Account Aggregation service for the purpose of logging into and accessing those accounts, retrieving information from those accounts and performing the account aggregation and you authorize us and/or our third-party software providers to use the username, password and other login information that you provide for the purpose of logging into and accessing those accounts at outside financial institutions, retrieving, storing and displaying information from those accounts and storing and displaying information from those accounts as necessary to perform the account aggregation service. We and any third-party service providers do not guaranty the timeliness, accuracy, reliability or completeness of the data collected by the Account Aggregation service or of the results of your use of the Account Aggregation service. Except as otherwise permitted in this Agreement or required by law, we will not share your username, password and other login information with parties other than our third-party service providers as necessary for completing the account aggregation function and we will not use your username, password or other login information for purposes other than those authorized herein.
Hardware and Software Requirements. We will promptly provide you with a statement of the computer hardware and software requirements to participate in our internet service. We can change these requirements from time to time and will give you advance notice of any such changes. Unless you comply with such changes, you may not be able to participate further in our internet service. If you are able to access our internet service using hardware and software that does not meet our requirements, you may not be able to access or use all of the functions of our internet service and may be exposed to increased security risks related to your Internet Banking.
You are solely responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use our internet service. This responsibility includes, without limitation, your utilizing up to date web-browsers and access devices and commercially available encryption, antivirus, anti-spyware, and internet security software. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks.
Electronic Disclosures and Notices. This Disclosure describes the process that must occur before we can provide you with electronic disclosures and notices (such as by email or website). It also describes your rights in the event you consent to receiving electronic disclosures and notices. First we must inform you as to the computer hardware and software requirements to receive and keep the electronic disclosures and notices. Then we must make an electronic request for your consent. Finally, you must give your consent electronically in response to our request. You understand prior to giving your consent that:
Your consent applies to disclosures and notices regarding your accounts or our internet service, and it applies to your periodic account statements;
Unless you consent, you have the right to receive all required disclosures in paper or non-electronic form;
Even after consent, if you want to receive a paper copy of the disclosure in addition to the electronic disclosure you can obtain one free of charge by calling us;
You can withdraw your consent at any time by calling us; and
You must promptly provide us with the information (such as an email address) needed to communicate with you electronically and update us as to any changes in such information by calling us.
We reserve the right to provide any disclosures or notices in writing, rather than electronically. Except as otherwise provided by law or in other agreements, you can give us all notices regarding your accounts, our internet service, or your periodic statements, except for stop payment orders, by email using our then current email address, regardless of anything in this agreement to the contrary; however, we reserve the right to have notices confirmed in writing upon our request. Customer notices can also be given by mail or telephone call. If by telephone call, we reserve the right to have notices confirmed in writing upon our request.
Stop-Payment Orders. To be effective, a stop-payment order must be received in time to allow us a reasonable opportunity to act on it, and for some ACH debits must be received at least three business days before the scheduled date of transfer. To be effective, a stop-payment order must identify the payment sufficiently to allow us a reasonable opportunity to act on it. If the payment is by check, or if the payment is by ACH debit and we give notice at the time an oral stop-payment order is received that written confirmation is required and provide an address where the written confirmation can be sent, an oral stop-payment order is effective for 14 calendar days only, unless confirmed in writing within the 14-day period. Properly signed written stop payment orders are effective for 6 months after date received and will automatically expire after that period unless renewed in writing. With respect to ACH debits, you and we agree to abide by the ACH rules and regulations regarding stop-payment orders.
Please refer to our separate fee schedule for the amount we will charge you for each stop payment order you give.
Hours of Operation. You ordinarily can participate in our internet service 24 hours a day - 7 days a week. However, we reserve the right to suspend our internet service from time to time as we deem appropriate.
Transaction Posting. Transactions entered on our website on or before 7pm PT, 8pm MT on any business day will be posted on the same day. Transactions entered on our website on weekends, federal holidays or after on a business day will be posted by the end of the next business day.
Assignment and Delegation. We can assign our interest and responsibilities under this agreement, delegate our responsibilities under this agreement, and use independent contractors to perform or assist in the performance of our responsibilities under this agreement, as we deem appropriate.
Limitations on Frequency of Transfers. In addition to those limitations on transfers elsewhere described, if any, the following limitations apply:
Regardless of anything else in this or other agreements, transfers and withdrawals from a savings or money market account to another of your accounts or to third parties by preauthorized, automatic, telephonic, or computer transfer, or by check, draft, debit card, or similar order to third parties, cannot exceed six per calendar month or statement cycle of at least four weeks.
For security reasons, there may be other limitations on the number of transfers you can make.
Termination by Bank. We can terminate your right to participate in our internet service at any time if you fail to comply with these terms or the terms of your account agreements with us. We will try to notify you in advance, but we are not obliged to do so.
TERMINATION BY CUSTOMER. Your Internet Banking services remain in effect until they are terminated by you or us. You may cancel your Internet Banking at any time by notifying us in writing of your intent to cancel. This cancellation applies to your Internet Banking services only and does not terminate your accounts. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service.
Change in Features. We retain and reserve the right to amend, modify or terminate the options, features and services included or offered in our internet service as we may see fit from time to time without notice to you, and no such amendment, modification or termination shall constitute a breach of this Agreement.
Changes in Terms.We can change the terms and conditions of this Agreement from time to time in our sole discretion by giving you notice as required by law. Continued use of our internet service by you after notice of a change in terms constitutes acceptance of the change.
Notices. Notices must be in writing and mailed or hand delivered, except that we can give them to you electronically if you have so consented. Notices to you are effective when given, regardless of whether you receive them. Notices to us are effective only when we actually receive them.
Irreconcilable Conflicts. The terms and conditions of this Agreement supersede those of your deposit or loan account agreements to the extent they cannot be reconciled. You expressly waive any deposit account agreement requirements of one or more signatures for withdrawal when using our internet service. Any one of the persons authorized to make withdrawals from your deposit accounts is authorized to make transfers pursuant to our internet service, even if your account agreements provide that multiple signatures are required for withdrawal.
Please refer to our separate fee schedule for additional information about charges. We can debit any fees to any of your deposit accounts without notice.
Periodic Statements. You will get a monthly account statement from us for your deposit accounts, unless there are no transfers in a particular month, in which case you will get a statement at least quarterly.
FINANCIAL INSTITUTION’S LIABILITY
Liability for Failure to Make Transfers. If we do not complete a transfer to or from your account on time and in a correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you do not have enough money in your account to make the transfer.
If you have an overdraft line, and the transfer would go over the credit limit.
If circumstances beyond our control such as interruption of telecommunication service, catastrophic or emergency conditions, or a natural disaster (such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
If the funds are subject to legal process or other encumbrance restricting the transfer.
There may be other exceptions stated in our agreement with you.
Except as expressly required by this Agreement or otherwise required by law, we will not be liable for any losses or damages resulting from:
Deficiencies in your computer hardware or software or in your ability or care in using them, or
Problems relating to your access to the internet.
We can disclose information to third parties about your account or the transfers you make:
Where it is necessary for completing transfers; or
In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
In order to comply with government agency or court orders; or
As explained in our separate privacy disclosures.
The Provisions of These Sections (Consumer Liability and Error Resolution Notice) Apply Only to Consumer Accounts
Consumer Liability. Tell us AT ONCE if you believe your Internet Banking PIN, user name, password, or other means of accessing your accounts has been lost or stolen or discovered by an unauthorized person, or if you believe that an electronic fund transfer has been made without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Internet Banking PIN, user name, password, or other means of accessing your accounts could cause you to lose all the money in your accounts plus any amounts available under your lines of credit.
If you tell us within 2 business days after you learn of the loss, theft or discovery by an unauthorized person of your Internet Banking PIN, user name, password, or other means of accessing your accounts, you can lose no more than $50 if someone uses your Internet Banking PIN, user name, password, or other means of accessing your accounts without your permission.
If you do NOT tell us within 2 business days after you learn of the loss, theft or discovery by an unauthorized person of your Internet Banking PIN, user name, password, or other means of accessing your accounts, and we prove we could have stopped someone from using your Internet Banking PIN, user name, password, or other means of accessing your accounts without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you or was provided electronically if you consented to receiving the statement that way, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
When you give someone your Internet Banking PIN, user name, password, or other means of accessing your accounts, you are authorizing that person to access and use your Internet Banking service, and you are responsible for all transactions that person performs while using your Internet Banking service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized.
ERROR RESOLUTION NOTICE
In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent you, or provided electronically to you if you consented to receipt that way, the FIRST statement on which the problem or error appeared.
Tell us your name and account number (if any).
Describe the error or the transfer 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 determine whether an error occurred within 10 business days (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 credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint 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 this account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
202 Main Street
Kalispell MT 59901
Business Days: Monday through Friday
Excluding Federal Holidays
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST
ADDITIONAL PROVISIONS APPLICABLE
ONLY TO BUSINESS CUSTOMERS
By accepting this Agreement, you acknowledge that the bank has commercially reasonable online banking security measures in place, but that no security measures can be all inclusive or foolproof for preventing unauthorized or fraudulent transactions, theft, or account takeover through online banking. You further acknowledge that, where applicable, the bank has informed you of and recommended that you implement the following security controls (which are in addition to the bank’s standard security controls) which may help prevent unauthorized or fraudulent transactions, theft, or account takeover:
· Security Tokens
· IP Restrict
· Time/Date Restrict
· Dual Control
· E-Mail Alerts
· ACH Edit Restriction (upload files)
You further acknowledge your responsibility to reconcile your accounts on a daily basis and notify us immediately in the event a discrepancy is identified. Business accounts are not covered under Regulation E or any other consumer law limiting liability with respect to unauthorized use of internet banking services. In addition, the resolution process for business customers differs from that identified above for consumer customers. Business customers are required to notify us within one business day of unauthorized activity. Notification of unauthorized activity does not guarantee a recovery of any loss incurred. Upon proper notification, the bank will proceed with the investigation process and advise you of the results of its investigation.
You agree that we may send notices and other communications, including confirmation of your Internet Banking PIN, user name, password, or other means of accessing your accounts, 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 we 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. You agree to: 1) keep your Internet Banking PIN, user name, password, or other means of accessing your accounts secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you give your Internet Banking PIN, user name, password, or other means of accessing your accounts that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new Internet Banking PIN, user name, password, or other means of accessing your accounts if you believe your Internet Banking PIN, user name, password, or other means of accessing your accounts may have become known to an unauthorized person. We will have no liability to you for any unauthorized payment or transfer made using your Internet Banking PIN, user name, password, or other means of accessing your accounts that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your Internet Banking PIN, user name, password, or other means of accessing your accounts even without receiving such notice from you, if we suspect Internet Banking PIN, user name, password, or other means of accessing your accounts is being used in an unauthorized or fraudulent manner.
The person agreeing to this Agreement represents and warrants that he or she has full authority to agree and accept the terms and conditions of this Agreement and, if agreeing on behalf of an entity, organization or other account owner, that he or she has full authority to agree on behalf of such entity, organization or other account owner. This Agreement shall be binding upon the parties and their respective successors and assigns. The account owner shall notify us immediately of any change in the person authorized to agree on behalf of the account owner. By marking the I Agree box of the Agreement and selecting Accept, you certify the representations made and agree, on behalf of yourself and/or the entity, organization or other account owner on whose behalf you are agreeing to this Agreement, to all of the terms and conditions set forth in this Agreement and acknowledge receipt of a copy of this Agreement.