PERSONAL/SMALL BUSINESS ONLINE BANKING SERVICE AGREEMENT
Agreement Definitions
This Online Banking Agreement (“the Agreement”) explains the terms and conditions governing your use of basic Online Banking Services offered by Bank of Bozeman. All Online Banking Services of any kind whatsoever offered by Bank of Bozeman (including, but not limited to funds transfers) will be referred to collectively as “Online Banking” in this Agreement. By using any of the Online Banking, you agree to abide by the terms and conditions of this Agreement as well as the “Deposit Account Terms and Conditions” given to you at the time of opening an account with Bank of Bozeman. A copy may be obtained by calling a Customer Service Representative at (406) 587-5626. “I, you, or your” refers to the signer(s) on an account or an authorized representative of the account at Bank of Bozeman and any person(s) who has been given permission to the signer(s) account Username or Password. We, us, our, and the bank” are used to refer to Bank of Bozeman. Business” is used to refer to anyone other than a consumer who owns an account with respect to which access is requested. Business day” means every day except Saturday, Sunday and federal holidays.
Fees
Once access to Online Banking has been approved, you will have access to all of your Bank of Bozeman accounts, including checking, savings, Certificates of Deposit and loans. All accounts offered by Bank of Bozeman are governed by this Agreement, as well as by applicable federal and state laws and regulations and the Deposit Account Terms and Conditions. All applicable fee schedules published by Bank of Bozeman from time to time will apply to the Online Banking Services, including any funds transfer system in connection with an account. There are no periodic or transaction fees for accessing your account(s) through Online Banking. All other fees, as applicable and described in “Your Account Terms and Conditions” disclosures, will be charged to you as normally applied. Be advised that fees may be assessed and billed to you for time spent on Online Banking, via internet access, separately by your online service provider. Further, you agree to pay all telephone charges or fees incurred by you in accessing Online Banking. Online Banking requires you to have a password and the required hardware, software, and internet access established. Generally you will be able to access Online Banking seven days a week, 24 hours a day. Transfers completed through the Online Banking prior to cutoff time on a business day will be posted to your account the same day. All transfers completed after the cutoff time will not be posted until the following business day. The Online Banking cutoff time is 7:00 P.M. (Mountain Time). At times the Online Banking may not be available due to system maintenance or circumstances beyond our control. If during these times, you may use our Automated Teller Machine (ATM) to obtain account information or if during business hours, call the Bank of Bozeman office.
Online Application & Security:
You agree that you will complete all mandatory fields in the Online Application, review the Deposit Account Terms and Conditions and applicable disclosures, any of which Bank of Bozeman may amend periodically. Your initial use of any Online Banking Service in connection with your account(s) at Bank of Bozeman constitutes your acceptance and agreement to be bound by all of the terms and conditions of this Agreement and of the Deposit Account Terms and Conditions. You understand that your Username and Password are needed to expend funds from your account and that your Username and Password must be protected. You authorize Bank of Bozeman and its agents to follow any instructions transmitted by use of your Username and Password, and agree to be bound thereby. Your Username and Password are confidential information and should be known only to you. You are responsible for keeping your Username and Password safe and secure. Bank accounts are linked by signers and tax identification numbers of the person(s) who are authorized to access the account regardless to the ownership of those accounts, business or consumer. If you are a business, any authorized signer of your business may view account information. If you incorrectly enter your password three (3) times you will be prevented from entering Online Banking. Please call (406) 587-5626 and ask for a Customer Service Representative for assistance. Bank representatives may verify your Username if you call in to the bank, to ensure accuracy. If you are contacted by anyone requesting your Online Banking information, contact us immediately at (406) 587-5626. You are liable for all transactions made or authorized using your Username and Password. Bank of Bozeman has no responsibility for establishing the identity of any person or determining the validity of any transaction received using Username and Password. If you provide your Username or Password to anyone, you authorize any transactions carried out by that person. Bank of Bozeman assumes all transactions authorized by your Username and Password are legitimate. You agree to indemnify and release Bank of Bozeman, the directors, officers, employees and agents harmless from all losses, any and all liability and agree not to make any claim against Bank of Bozeman or bring any action against Bank of Bozeman in honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account or when you have provided your Username or Password to that person. You must notify a representative at Bank of Bozeman immediately if you believe another person has improperly obtained your Username or Password or has carried out unauthorized transactions. At any time, you may ask Bank of Bozeman to reissue a new password.
The owner of a business account is liable for all online transactions that occur on the account. The owner of the business account agrees to be liable for any other parties designated (by being provided with the Username or password) to conduct business on the account(s). Bank of Bozeman does not advise this practice. For multiple party accounts, each person on a multiple party account will be liable for all transactions that are made on that account. Each owner(s) on a multiple party account(s) agrees to be liable for the actions of the other owner(s) on the account. The limitations of liability set forth in this Agreement are subject to, and limited by any state or federal law to the contrary. Bank of Bozeman has the right to modify or terminate this Agreement or the Deposit Account Terms and Conditions at any time. When making changes, Bank of Bozeman will comply with all legal notice requirements. Once this Agreement is terminated Bank of Bozeman will not allow any additional transactions on the account, nor will additional Online Banking Services be permitted. If this Agreement is modified, your continued use of the Account will represent your acceptance of the changes. In order to take advantage of other Online Banking services, you understand that you must complete this agreement and establish Online Banking with Bank of Bozeman. All services later added are covered under this agreement and your electronic acknowledgement authorizes Bank of Bozeman to carry out transactions under any other Online Banking you decide to use or set-up at a future date, such as Online Bill Payment. By using any new service, you agree to be bound by the terms communicated to you in advance. Bank of Bozeman will not provide any receipt or documentation of online transactions other than regular account statements.
Alerts
Your enrollment in Bank of Bozeman Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Bank of Bozeman account(s). Alerts are provided within the following categories:
- Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
- Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
- Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Alerts menu within Bank of Bozeman Online Banking and Alerts menu within Bank of Bozeman Mobile Banking.
Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Bank of Bozeman reserves the right to terminate its Alerts service at any time without prior notice to you.
Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Bank of Bozeman Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.
Alerts via Text Message. To stop Alerts via text message, text “STOP” to 99588 at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Bank of Bozeman Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 406-587-5626. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
Limitations. Bank of Bozeman provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Bank of Bozeman’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Bank of Bozeman, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.
Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.
NOTICES: Any notice permitted or required under the terms of this Agreement shall be deemed to be given when deposited in the United States Mail, addressed to the other party at their last known address, or such other address as the party has designated, or by causing notice to be served personally upon the other party.
SEVERABILITY: In the event any portion of this Agreement or any part thereof shall be determined to any court of competent jurisdiction to be invalid or otherwise unenforceable, the remaining provisions hereof shall remain in full force and effect.
MERGER: All previous understandings and agreements between the parties are merged in this Agreement and neither party is relying upon any statement or representation not embodied in this Agreement, made by the other.
ATTORNEY’S FEES: In the event of any suit or proceeding arising out of this agreement, the losing party shall pay to the prevailing party such sum or sums as the Court shall adjudge reasonable for attorneys’ fees for such prevailing party.
BINDING AGREEMENT: This agreement shall be binding upon the heirs, personal representatives, administrators, executors, successors and assigns of the parties hereto.
GOVERNING LAW AND JURISDICTION: This Agreement shall be governed by and construed in accordance with Federal Law and Regulations, to the extent state law is applicable, by the laws of the State of Montana. In the event either party is required to maintain an action to enforce their rights under this agreement, jurisdiction for any such action shall be vested with the District Court for the State of Montana and venue shall lie in Gallatin County, Montana.
USA PATRIOT ACT
WHAT THIS MEANS FOR YOU
When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.