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E Bank
Internet Banking Access Agreement and Terms of
Service
1. INTRODUCTION AND DEFINITIONS
By clicking on the "I ACCEPT" button, you agree to
this electronic method of application.
This Online Banking Agreement states the terms and
conditions for accessing your Oregon Trail Bank
accounts via the Oregon Trail Bank
E Bank. In this agreement, the term "E
Bank" refers to the internet banking service
provided by The Oregon Trail Bank for
use to access and view accounts within the bank
via personal computer. The terms "you", "your",
and "yours" refer to the person(s) or business who
holds and signs on an account with The Oregon
Trail Bank and wishes to use E Bank. The words
"bank", "we", "our", and "us"
refer to The Oregon Trail Bank. The
term "business days" mean Monday through Friday,
excluding Saturday, Sunday and Federal Banking
Holidays. The term "account" means checking,
savings, certificate of deposit, loan, or money
market account that you have with us for personal,
family, or household use maintained at The Oregon
Trail Bank.
The term "transfer"
means any electronic banking transaction,
including a deposit, or withdrawal made electronically. The term “bill
payment” means our service offered through E Bank that allows you to pay
or transfer funds to designated payees based on your instructions
transmitted to us via personal computer. The term “payee” means any
individual or business entity that you wish to be the recipient of an
above designated bill payment.
Each of your accounts at The Oregon Trail Bank
is also governed by the conditions
outlined in the "Account Plans and other Services"
Brochure.
This agreement will be governed by and interpreted
in accordance with federal regulation, and to the
extent there is no applicable federal law or
regulation, by the laws of the State of Wyoming.
This agreement contains the entire agreement
between bank and you with respect to matters
covered herein. No other agreement, statement, or
promise, by any employee or officer of the bank
that is not signed and in writing is not binding.
Please be sure you have carefully read and
understand this document before proceeding to
login to E Bank. Your initial login to the Oregon
Trail Bank's E Bank acknowledges
your receipt of this document and confirms your
acceptance and adherence to the following terms
and conditions.
2. E BANK ACCESS REQUIREMENTS
To use E Bank, you must have at least one Oregon
Trail Bank account, access to
Internet Service with the approved Internet
Browser software with 128-bit encryption, and have
completed and signed the bank provided enrollment
form. At the time you enter into this agreement,
you must have an e-mail address with an Internet
Service Provider (ISP). We will confirm your
e-mail address provided by you to us by forwarding
an e-mail to you with a confirmation of
enrollment. Should your e-mail address change you
agree to notify us at once of the change. If you
do not notify us, you will hold us harmless from
any consequences, including financial loss,
resulting from your failure to notify us of the
change.
You are solely responsible for the equipment you
use to access E Bank. This includes your personal
computer, modems, or any software you may need to
access the internet. We are not responsible for
errors or delays or your inability to access
E Bank caused by your equipment. We are not
responsible for the cost of upgrading your
equipment to use E Bank nor are we responsible
for errors or failures from any malfunction of
your equipment or any virus or other problems
related to the use of E Bank which includes but
is not limited to damage to your equipment or any
data contained on it. We are not responsible for
any loss, damage, or injury resulting from an
interruption of your electrical power or telephone
service; or the disconnecting of your telephone
line by a telephone company or from deficiencies
in your line quality.
3. ENROLLMENT
Before using this service, we will require each user to complete the
enrollment form that is on this website. E Bank usage can consist of
single use (one person) or joint use (several persons). Each person
seeking access to E Bank must be a signer on the account which is to be
accessed. Accounts that have prearranged restrictions such as more than
one signature for withdrawal may not register for E Bank. We reserve the
right to deny, restrict, or otherwise terminate the E Bank to
individuals or businesses that frequently misuse or violate the terms
and conditions of this agreement as well as any other bank established
terms and conditions.
4. SERVICES AND BENEFITS AVAILABLE USING E BANK
If you have multiple accounts at the bank, you may
inquire on any or all of the following types of
accounts using E Bank: Checking and Money Market
Accounts, Statement Savings Accounts, Certificates
of Deposit, Individual Retirement Accounts,
Consumer Loans, Line of Credit Accounts, and
Mortgage Loans.
The Oregon Trail Bank
offers many options that vary by account type. The following shows the
services that may be available to you depending upon your account:
| Account Type |
Balances |
History |
Transfer |
Bill Pay |
| Checking Accounts |
X |
X |
X |
X |
| Money Market |
X |
X |
X |
|
| Statement Savings
Accounts |
X |
X |
X |
|
| Certificates of
Deposit |
X |
X |
|
|
| IRAs |
X |
X |
|
|
| Line of Credit/Loans |
X |
X |
X |
|
The above noted services may also be further
restricted by your individual account agreements
that were provided to you upon opening of your
particular account.
Account Balances and History
E Bank provides balance and transaction
information to you as of the close of business the
preceding day. Occasionally, same day electronic
credits and debits will also be available for
viewing and reflected accordingly in your balance
at the time of your request. Please be advised
that your balance and transaction history may be
updated and changed periodically throughout the
day. The balance shown may differ from your
records because it may not include deposits in
progress, outstanding checks, or other
withdrawals, payments, or charges.
Transfers
Transfers can be made from any accounts that do
not require more than one signature to make
withdrawals. Transfers can be processed between
accounts that share one common owner. We reserve
the right to limit the frequency and dollar amount
of transactions on your accounts for security
reasons.
When you schedule a transfer using E Bank, you
authorize us to withdraw the necessary funds from
your specified account with us and deposit them in
another specified account with us. We may refuse
to act on your instructions if sufficient funds,
including funds on your Personal Reserve Line of
Credit, are not available in your account on the
date you want us to process your transfer.
We are able to process a transfer request on the
same business day provided we receive your
instructions before 5:00 PM Mountain Time on a
valid business day.
Transfer requests received
after the designated cut-off time or on a
non-business day or Federal Holiday will be
processed the next business day.
If you preschedule a transfer for a future date,
we will charge the appropriate account for the
amount of your transfer on the day you request the
transfer as well as a credit to the account that
is to receive the credit. If the date that you
schedule a transfer falls on a non-business day or
a Federal Holiday, we will process your
instructions the next business day.
If your account does not have sufficient available
funds to cover a scheduled transfer you request,
you understand that an overdraft may result. When
checking your account for a sufficient available
balance, the bank prioritizes electronic transfers
that involve preauthorized currency disbursements,
such as Visa Check Card and ATM transactions,
first; over-the-counter cashed checks, second;
transfer requests, third; and
inclearing checks and other preauthorized debits,
fourth. Should there be insufficient funds
available to process your transfer request, we
will attempt to process the transfer each morning
for two additional business days until a) the
available balance in your account is sufficient to
process the transfer, or b) you cancel the
transfer following the online instructions using
E Bank. After two unsuccessful attempts at
processing your requested transfer, we will cancel
the transfer accordingly. Should an overdraft
occur in the interim, other items may be returned
or paid with appropriate overdraft charges being
assessed to your account as outlined in the
brochure "Account Plans."
To cancel a scheduled transfer that you have
established using E Bank, you must cancel the
transfer by following the online instructions
using E Bank before 5:00 PM Mountain Time on the
business day before the payment is scheduled to be
charged to your account.
In some instances, you may be able to cancel a
scheduled transfer on the same day that the
transfer is to be charged to your account. If you
choose to cancel a transfer the same day it is
scheduled to be charged, you must follow the
online instructions using E Bank and cancel the
transfer before 5:00 PM Mountain Time. Because the
transfer hold was already placed on your account,
your ability to use those funds held for the
transfer in your account will be restricted until
the next business day.
Once the transfer has been charged to your
account, you may not stop or cancel a transfer.
5. TRANSFER LIMITATIONS
Your ability to transfer funds between certain
accounts is limited by Federal Law, as stated by
your deposit agreement with The Oregon Trail
Bank. For example, you can make no more
than six (6) transfers from a savings or money
market account during each statement period, and,
in the case of a money market account, no more
than three (3) of such transfers can be made by
check, draft, or similar order made by you and
payable to third parties. Transfers
made using E Bank are counted against
the permissible number of transfers, as are the
other transfer methods described in your account
agreement with The Oregon Trail Bank.
If an uncollected funds hold is 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. The bank
reserves the right to limit the frequency and
dollar amount of transactions from your accounts
for security reasons.
6. NEW SERVICES
Occasionally, The Oregon Trail Bank
will change, expand or otherwise enhance products
and services offered online. We will update this
online banking agreement accordingly and notify
you of such change by mail or electronic message.
By using E Bank following the effective date of
any change, you agree to be bound by the amended
terms of the revised agreement.
7. USING THE BILL PAYMENT SERVICE
You may use E Bank to electronically schedule payments in US Dollars to
any third party merchant or individual that receives payments in the
continental United States. You must designate a personal checking
account with us to use as payments to a maximum of $5,000 per payee, per
day not to exceed the amount of available funds in your account.
When you schedule a bill payment using the bill payment feature of E
Bank, you authorize us to withdraw the necessary funds from your bill
payment account with us. We may refuse to act on your instructions if
sufficient funds, including funds on your Reserve Line of Credit, are
not available in your bill payment account on the date you want us to
process your payment.
When you request that a bill payment be made, you must also provide us
with the complete name of the payee; the account number; the payee’s
remittance address and phone number for bill payments, all exactly
showing on the billing statement or invoice’ the amount of the payment;
and the date you want the payment to be charged to your account.
Please be aware that some payees receive their payments at a different
address than you provide to us. In these instances, the payee may return
the payment to us with corrected instructions. We reserve the right to
resubmit your payment using the payees corrected instructions. Should
our good faith attempts to resubmit your payment fail, we will recredit
your account for the amount of the payment and advise you accordingly.
You assume full responsibility for supplying us with the correct bill
payment information, and agree that the bank in no way is liable for
your losses or damages in relation to missing, erroneous, or incomplete
bill payment information.
8. SCHEDULING BILL PAYMENTS
We are able to process a bill payment request on the next business day
provided we receive your instructions before 5:00 PM Mountain Time on a
valid business day. Bill payment requests received after the designated
cut-off time will be processed on the next business day.
We will charge your account for the amount of your bill payment on the
day you request the payment to be charged. If the date that you schedule
a payment falls on a non-business day or a Federal Holiday, we will
process your instructions and deduct the payment on the next business
day.
In order for your payments to arrive on time, you must schedule your
payments to be processed at least seven business days before the payment
due date. In most circumstances, this will allow your payment to reach
the intended payee and be posted to your account with the payee in a
timely fashion. You agree and understand that we are not responsible for
the timely delivery of mail or the improper transmission or handling of
payments by a third party such as the failure of the bill payment payee
to properly post a payment to your account.
In rare instances, a payee you designate may not accept bill payments or
may not process bill payments from us in a timely manner. In these
cases, we may choose not to make payments to such payees and advise you
accordingly.
If your account does not have sufficient available funds to cover a bill
payment you request, you understand that an overdraft may result. When
checking your account for a sufficient available balance, the bank
prioritizes electronic transfers that involve preauthorized currency
disbursements, such as Visa Check Card and ATM transactions, first;
over-the-counter cashed checks, second; transfer and bill payment
requests, third; and inclearing checks and other preauthorized debits,
fourth. Should there be insufficient funds available to process your
payment request, we will attempt to process the payment each morning for
two additional business days until a)the balance in your account is
sufficient to process the payment, or b) you cancel the payment
following the online instructions using E Bank. After two unsuccessful
attempts of processing your requested payment, we will cancel the
payment accordingly. Should an overdraft occur in the interim, other
items may be returned or paid with appropriate overdraft charges being
assessed to your account as outlined in the brochure “Account Plans and
Other Services”.
9. PROCESSING BILL PAYMENTS
Bill payments are processed either electronically or by bank check.
Electronically processed payments are sent directly to the payee’s bank
for further credit to your account with the payee. These types of
electronic payments are received by the payee within three to five
business days.
Bill payments may also be made by bank check. In this case, we will act
on your payment instructions by generating a bank check and mailing it
via The United Sates Postal Service. These types of payments are
received by the payee within five to seven business days.
10. CANCELLING BILL PAYMENTS
To cancel a bill payment that you have scheduled through E Bank, you
must cancel the payment by following the online instructions using E
Bank before 5:00 PM Mountain Time on the business day before the payment
is schedule to be charged to your account.
In some instances, you may be able to cancel a bill payment on the same
day that the payment is scheduled to be charged to your account. If you
choose to cancel a bill payment the same day it is scheduled to be
charged, you must follow the online instructions using E Bank and cancel
the payment before 5:00 PM Mountain Time. Because a bill payment hold is
already placed on your account, your ability to use those funds held for
the payment in your account will be restricted until the next business
day.
Once the bill payment has been charged to your account, you may not stop
or cancel a bill payment.
11. FEES AND CHARGES
You agree to pay the fees and charges for use of
E Bank as set forth in the current fee schedule.
You agree that all such fees and charges will be
deducted from your bank checking account
designated as your primary account as noted on
your enrollment form. If you close your primary
checking account, you must contact us immediately
to designate another account as your primary
checking account. You agree to pay any additional
reasonable charges for services you request that
are not covered in this agreement that includes
but is not limited to hourly research charges,
overdraft charges, or stop payment charges. You
are solely responsible for telephone and internet
service fees you incur in connection with using E
Bank. Currently, E Bank is available to all
personal account holders at no cost. Current charges for Bill Pay
service is $5.00 per month for unlimited Bill Pay requests.
12. THE USER ID AND PASSWORD
Your initial USER ID and PASSWORD will be randomly
assigned by the bank. Your USER ID will NOT
change, however your PASSWORD is required to be
changed the first time you login to E Bank. We
will require your new PASSWORD to be a minimum of
4 letters and 1 numbers, up to a maximum of 16
total characters. Please remember that the USER ID
and PASSWORD is case sensitive. We strongly
discourage using common PASSWORDS (i.e. dates of
birth, initials, social security numbers, children
and pet names, phone numbers, addresses, etc.)
Because this USER ID and PASSWORD can be used to
access money in your accounts, you should treat
this USER ID and PASSWORD with the same degree of
care, secrecy, and common sense that you use to
protect other sensitive financial data. Your
PASSWORD should be memorized and not written down,
and should not be stored or remembered by your
browser or any other software. You agree not to
give your USER ID and PASSWORD, or make it
available, to any other person. Furthermore, you
agree to change your PASSWORD once every six
months. Under no circumstances will a bank
representative contact you via telephone or e-mail
and request your USER ID and/or PASSWORD. Should
you receive such communication, please ignore the
request and advise us accordingly at
(307)836-2344. You furthermore agree to promptly
examine your monthly bank statement from us in
order to detect any unauthorized transactions. If
you believe that your USER ID and/or PASSWORD may
have been stolen, or unauthorized access has
occurred on your account, contact The Oregon
Trail Bank at (307)836-2344 at once
to report your concerns. We are able to restrict
access and change your USER ID and PASSWORD
immediately after learning of a suspected security
breach.
13. STATEMENTS
You will not receive a separate E Bank Statement.
Transfers to and from your
accounts will appear on your monthly statement for
your bank accounts.
14. INTERNET SECURITY
Although data passed between E Bank and you is
encrypted in an effort to provide transmission
security, you acknowledge that the internet is
inherently insecure and that all data transfers,
including electronic mail, occur openly on the
internet and potentially can be monitored and read
by others. We cannot, and do not, warrant that all
data transfers and e-mail messages to and from us
will not be monitored by others. Additionally,
your internet browser, e-mail, financial or other
software, personal computer, or other devices may
capture, save, cache, or forward account or
personal information delivered by us to you. This
information may be captured, saved or cached, on
your computer's memory or hard drive or other
devices, either within your computer or other
devices or within a remote computer through which
your computer is networked or communicates with in
any means. You agree to hold us harmless from any
losses or damages resulting from the unauthorized
use or disclosure of this information.
15. E-MAIL MESSAGES
The bank recognizes e-mail as a simple and cost
effective method of communication, however
requests and inquiries requiring immediate
attention should not be sent via e-mail.
Similarly, sensitive personal and account
information such as account numbers, PASSWORDS,
PINS, or Social Security Numbers should not be
sent via e-mail. Because an e-mail message may not
be reviewed by a bank representative immediately,
you must contact the bank via telephone or in
person for immediate attention. E-mail messages
will not serve as a sufficient method for any
requirement imposed on you to provide written
notice, nor may e-mail messages be used to place a
stop payment on a check, cancel a bill payment,
request account transfers, or report lost or
stolen banking codes and/or cards.
16. CONSUMER LIABILITY FOR UNAUTHORIZED TRANSFERS
Tell us AT ONCE if you believe your USER ID and or
PASSWORD has been lost, stolen, otherwise
compromised. Telephoning us is the best and
quickest way of keeping your possible losses to a
minimum. Otherwise, you could lose all the money
in your accounts accessed through E Bank (plus
your available balance in your Personal Reserve Line of Credit.)
If you tell us within two business days after you
discover that your PASSWORD has been lost or
stolen, you can lose a maximum of $50.00 if
someone used your PASSWORD without your
permission. If you do not tell us within two
business days after you learn of the loss or theft
of your PASSWORD and we can prove we could have
stopped someone from using your PASSWORD without
your permission if you had told us, you could lose
as much as $500.00.
If your statement shows transfers that you did not
make or authorize, tell us at once.
If you do not
tell us within 60 days after the first paper
statement was mailed to you, we will assume it to
be correct and consequently 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 you believe your PASSWORD has been lost or
stolen or that someone has transferred or may
transfer money from your account without your
permission, call us at: (307)836-2344. Or write
to: Oregon Trail Bank - Post
Office Box 219 - Guernsey, Wyoming 82214.
If a good reason (such as a hospital stay)
prevented you from telling us, we may extend the
time periods.
17. OUR LIABILITY FOR FAILURE TO MAKE A TRANSFER or BILL PAYMENT
If we do not complete a transfer or bill payment
to or from your account on time or in the correct
amount according to our agreement with you, we may
be liable for some of your losses or damages.
However, we will not be liable:
- If, through no fault of ours, you do not have
enough money in your account to make the transfer or bill payment.
- If the money in your account
is subject to a dispute, legal process, or other
encumbrance restricting the transfer.
- If the
transfer would go over the credit
limit on your Personal Reserve Line of Credit.
- If your computer was not working properly when you
started the transaction.
- If the E Bank system
or any other electronic funds transfer system was
not working or was temporarily unavailable when
you started the transaction.
- If circumstances
beyond our control (such as fire, flood, or an Act
of God) prevents the transfer, despite reasonable
precautions that we have taken.
- If you commit fraud or violate any law or regulation.
- If you
have not followed the instructions for using
E Bank, or have not properly submitted a bill payment or transfer
request.
- There may be other exceptions in our agreement with you.
18. IN CASE OF ERRORS OR QUESTIONS ON E BANK
In case of questions or errors about E Bank
Transfers or bill payments using E Bank you should do the following:
Visit us during regular business hours, telephone
us at (307)-836-2344 or write us at:
OREGON TRAIL BANK,
POST OFFICE BOX 219,
GUERNSEY, WYOMING, 82214
as soon as you can identify why think your statement is wrong, or
are able to identify an error or discrepancy with
your statement or transaction record, or if you
need more information about a transfer or
transaction on your statement or transaction
record. We must hear from you no later than 60
days after we sent you the first paper statement
on which the problem or error appeared. In this
communication, you must:
- Tell us your name and account number.
- Describe the error or transfer that you are unsure
about, and explain clearly as you can as to why
you believe it is an error or why you need more
information.
- Tell us the dollar amount of the
suspected error.
For a Bill payment item you must also tell us:
- The specific account number used to pay the bill.
- The Payee Name.
- The date the payment was sent.
- The payment amount.
- The payee
account number for the payment in question.
If you tell us orally, we will require that you
send us your inquiry or question in writing within
10 business days. We will determine whether an
error occurred within 10 business days after we
hear from you and correct any error promptly. If
we need more time, however, we may take up to 45
days to investigate your inquiry or question. If
we decide to do this, we will credit your account
within 10 business days for the amount you believe
in error, so that you have use of the money during
the time it takes us to complete our
investigation. If we ask you to put your inquiry
or question in writing and we do not receive it
within 10 business days, we may not recredit your
account. We will tell you the results of our
investigation within 3 business days after
completing our investigation. If we decide there
was no error, we will send you a written
explanation of our findings within 3 business days
after we finish our investigation. We will also
charge your account the amount that was
provisionally credited. You may ask for copies of
the documents that we used in our investigation.
19. HOURS OF ACCESSIBILITY
You may use E Bank seven days a week, 24 hours a
day, although some or all of E Bank's services
may not be available occasionally due to emergency
or scheduled maintenance. Should E Bank be
unavailable for an extended period of time, we
will post such notices on our website, www.oregontrailbank.com 20. TERMINATION
This agreement shall remain in effect until it is
terminated by either you or us. You may terminate
this agreement by notifying us of your intention
to cancel E Bank, by calling us at (307)836-2344
or writing to us at Oregon Trail Bank, Post Office
Box 219, Guernsey, Wyoming, 82214. You
may terminate this agreement and your
participation in E Bank at any time for any
reason, including inactivity for a period of six
months or if your accounts with the bank are
closed. Although we will try to notify you if we
exercise our right to terminate this agreement, we
are under no obligation to do so. Should you wish
to terminate this agreement, you are responsible
for canceling all prearranged transfers or bill payments by deleting
them from your transfer and payment tables within E Bank. You understand
that even though you may terminate your E Bank
agreement, transfers and bill payments may already
be scheduled to be performed, consequently, we
will require at least two business days after your
requested termination date to cancel all scheduled
and pending transactions. Cancellation of E Bank
only applies to E Bank and not to any other
accounts with the bank.
21. PRIVACY AND CONFIDENTIALITY
Protecting your financial and personal information
is very important to you. As a valued customer of
Oregon Trail Bank, it is very
important to us as well. The bank has adopted the
following "Privacy Policy" to protect your private
information and maintain the trust you have placed
in us.
We have never shared nonpublic personal information except as required
by
Law and we will continue to protect your privacy.
Categories of Information That We May Collect
We collect nonpublic personal information about you from the following
sources:
- Information we receive from you on applications or other forms such
as: your name, address, social security number, assets, and income.
- Information about your transactions with us, our affiliates, or
others, such as your account balance, payment history, parties to
transactions, and credit card usage.
- Information we receive from a consumer-reporting agency, such as: your
creditworthiness and credit history.
Categories of Information That We Disclose
We do not disclose any nonpublic personal information about our
customers or former customers to anyone, except as required by law.
Disclosure as Permitted by Law
We may disclose all of the information we collect, as described above to
service providers and companies that perform marketing services on our
behalf (for example-check printing companies).
Confidentiality and Security
We restrict access to nonpublic personal information about you to those
employees who need to know that information to provide products or
services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal standards to guard your nonpublic
personal information. If you ever have any questions or concerns about
the integrity of your account information, please contact us. 22. ASSIGNMENT
You may not assign this agreement to any other
party. We may assign this agreement or delegate
any or all of our rights and responsibilities
under this agreement to any third parties.
23. CHANGE IN TERMS
We may change the terms of this agreement at any
time upon at least 21 days written notice to you
prior to the effective date of any change. If you
do not agree to the change, you must notify us
prior to the effective date of the change and
cancel your access to E Bank.
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