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E-Banking Agreement

Community Pride Bank E-Banking Agreement

PLEASE READ THIS AGREEMENT & DISCLOSURE CAREFULLY BEFORE AGREEING TO ITS TERMS AND CONDITIONS. BY ACCEPTING THIS AGREEMENT & DISCLOSURE, YOU ACKNOWLEDGE AND AGREE THAT ITS TERMS AND CONDITIONS WILL APPLY TO AND GOVERN YOUR USE OF THE E-BANKING SERVICES OFFERED BY COMMUNITY PRIDE BANK ("CPBANK" OR "BANK"), THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND DISCLOSURE, AND THAT THESE TERMS AND CONDITIONS CONSTITUTE A VALID AND BINDING LEGAL CONTRACT BETWEEN YOU AND THE BANK. IF YOU HAVE ANY QUESTIONS REGARDING THIS AGREEMENT AND DISCLOSURE OR ITS TERMS AND CONDITIONS, PLEASE CONTACT US AT (763) 862-6500.

  1. INTRODUCTION
    This Community Pride Bank Agreement & Disclosure, which includes the related Fee Schedule and Enrollment Form ("Agreement"), governs your use of Community Pride Bank's E-Banking Services. By using E-Banking you represent, agree, and acknowledge that (1) you have read and understand the terms and conditions of this Agreement, (2) this Agreement is a legally binding contract, and (3) you will comply with all of the terms and conditions of this Agreement. You are responsible for providing your own access to the Internet through the Internet Service Provider of your choice. The Bank shall have no responsibility to provide you with access to the Internet. The terms and conditions of this Agreement are in addition to, and shall supplement, the terms, conditions, rules and regulations that apply to any of your existing Community Pride Bank accounts or services of the Bank which you currently use.
     
  2. DEFINITIONS
    In addition to those terms previously defined in this Agreement, the following terms used in this Agreement shall have the following meanings:
     
    "Community Pride Bank" -- "Bank" shall refer to any agent, independent contractor, designee, or assignee, which Community Pride Bank may involve in the provision of Community Pride Bank's EBanking.
     
    "Community Pride Bank Bill Pay" -- Refers to the optional electronic bill payment service offered by Community Pride Bank through Community Pride Bank E-Banking. As previously defined in this Agreement, references to "Community Pride Bank E-Banking" include Community Pride Bank Bill Pay.
     
    "Business Day" -- Any calendar day other than Saturday, Sunday, or any banking holiday observed by Community Pride Bank, which will generally be any day other than a Saturday or Sunday on which the Federal Reserve Bank is closed for business.
     
    "Business Day Cut-Off Time" -- The latest time on any Business Day at which Community Pride Bank will accept a transaction through Community Pride Bank's E-Banking for same-day posting to the affected Community Pride Bank accounts. For Community Pride Bank's E-Banking Transactions, this time is currently 6:00 PM Central Standard Time. For Community Pride Bank's Bill Pay Transactions, this time is currently 12:00 PM (Noon) Central Standard Time.
     
    "Account" -- Any account at Community Pride Bank of which you are the owner or an authorized signer.
     
    "E-Banking Password" -- A unique code initially assigned by the Bank to you but thereafter selected by you, the customer. Each customer must use their unique Password and ID to obtain account information and perform Transactions through Community Pride Bank's E-Banking.
     
    "Rules" -- Community Pride Bank's rules and regulations for its accounts, including those rules about the use of Community Pride Bank's E-Banking and those about Electronic Funds Transfer Services.
     
    "Transaction" -- A debit or credit to an Account, including a withdrawal, deposit, transfer, or purchase.
     
  3. ABOUT COMMUNITY PRIDE BANK'S E-BANKING
    Community Pride Bank's E-Banking consists of an online banking website that provides you and other Community Pride Bank E-Banking customers with a complete selection of financial services. Community
    Pride Bank's E-Banking enables you to place stop payments, review your current and historical Account information, transfer funds between your Accounts, and initiate bill payments through Community Pride Bank's Bill Payment. The availability of each type of information or financial service to you is dependent upon the type or types of Community Pride Bank Accounts you maintain, the extent to which you have identified each of your Accounts on your Community Pride Bank's E-Banking Application, and any applicable statutory or regulatory limitations. The use of Community Pride Bank's E-Banking does not affect the applicable minimum balance requirements of, service fees of, or rates of interest payable on, 2
    any Community Pride Bank Account.
     
  4. SERVICE AVAILABILITY
    Community Pride Bank E-Banking is intended to be available three hundred and sixty-five (365) days a year. However, it is necessary to interrupt service from time to time to perform periodic system and account maintenance. The maintenance periods may vary by geographic region due to different time zones. During these periods, customers will be notified of the maintenance activities by an information screen that is displayed when attempting to access Community Pride Bank E-Banking. Unforeseen technical difficulties may also interrupt service. The Bank is not responsible for account or payment deficiencies due to service outages.
     
  5. INTERNET SECURITY INFORMATION
    Community Pride Bank E-Banking Internet Banking System uses SSL (secure socket layer) encryption technology for all information and banking Transactions you exchange or conduct through the system. Your Internet Browser automatically activates this technology when it attempts to connect to Community Pride Bank E-Banking. Your Internet browser must, at a minimum, support 128-bit encryption. In addition to the security measures described above, there may be other security notices posted on our website regarding security issues. It is your responsibility to read all applicable notices.
     
  6. REGISTRATION PROCESS
    You must maintain at least one account at the Bank and complete our initial registration process on enrollment forms provided by the Bank to use Community Pride Bank E-Banking. The registration process involves completing an application identifying the account or accounts you wish to access via Community Pride Bank E-Banking and providing the information we need to make Community Pride Bank E-Banking available to you. Once we have received your completed and signed Enrollment Form and verified your account information, we will notify you of our acceptance of your enrollment and we will provide you a user login ID and temporary PIN via U.S. Postal Service mail. The registration process normally takes three to five business days after our receipt of your enrollment information. Community Pride Bank EBanking can be used to access only the Bank accounts you have designated in your Enrollment Form for access via Community Pride Bank E-Banking. You can add or delete any of your accounts from Community Pride Bank E-Banking by checking the box marked "change" on a new Enrollment Form, completing the remainder of the form, and submitting it to the Bank. Modifications will not be effective until received and accepted by the Bank.
     
  7. LOG-ON SECURITY
    One of the more important security features provided by Community Pride Bank E-Banking is the unique combination of your user login ID and PIN. As described in Section 5 above, in the course of the Community Pride Bank E-Banking registration process the Bank will verify your account information for the account or accounts you requested us to include in your Community Pride Bank E-Banking service. Within three (3) to five (5) business days, the Bank will assign you a unique user login ID and temporary PIN. After your initial sign-on to Community Pride Bank E-Banking you will be prompted to change your PIN.
     
    Because your PIN is used to access your accounts, you should treat it as you would any other sensitive data. You should carefully select a PIN that is not easy to guess. Memorize your PIN and keep it confidential. You will be required to change your PIN every 90 days. This can be done from the "Options" menu at any time as often as you like.
     
    To help prevent unauthorized access to Community Pride Bank E-Banking and to ensure the security of your Accounts, we will end your Community Pride Bank E-Banking session if we have detected no activity for ten (10) minutes. This procedure is to protect you in case you accidentally leave your computer unattended while you remain logged on to Community Pride Bank E-Banking.
     
    The Bank reserves the right, but shall have no obligation, to block you access to Community Pride Bank EBanking to maintain or restore security to the Bank's account information and data processing if the Bank believes your means of identification as a Community Pride Bank E-Banking user (including but not limited to, your PIN, user login ID, or other access codes), have been or may be obtained or are being used or may be used by an unauthorized person or persons. If you gave someone your means of identification and wish to terminate his or her authority, of if you believe or know that your means of identification has been comprised, you must notify the Bank immediately to enable the Bank to take necessary steps to change the means of identification. You agree to defend, hold harmless and indemnify the Bank from and against any and all claims of any nature arising out of any such access by a person you have authorized, permitted, or enabled to have access to one or more of your accounts via Community Pride Bank EBanking.
     
  8. ACCOUNTS
    You may request access through Community Pride Bank E-Banking to any account of which you are either an owner or authorized signer. If you desire services that allow you to initiate payments or transfers from an account, you must have withdrawal authority over that account to be able to complete the transaction. By using Community Pride Bank E-Banking, you agree to maintain one or more accounts with us and to keep sufficient balances in your accounts to cover any transactions and fees that are ultimately approved by or related to Community Pride Bank E-Banking. If an account included in your Community Pride Bank E-Banking access is jointly held or has multiple signers, you agree that any and all uses of your Community Pride Bank E-Banking user login ID and PIN by any of those joint owners or authorized signers in connection with that account are authorized by you unless within a reasonable time prior to the use in question we have been notified in writing to cancel your Community Pride Bank E-Banking service in general or for that account.
     
    When you instruct the Bank to transfer funds between your accounts, you authorize the Bank to withdraw the necessary funds from the account you designate. As with any funds transfer request, you agree that you will instruct the Bank to make a withdrawal only when a sufficient balance in your designated account is or will be available at the time of the withdrawal. The Bank will not be obligated to act on any withdrawal instruction from you if sufficient funds, including any overdraft privileges previously approved for you, are not available in the account you designate.
     
  9. OVERDRAFTS
    If your account has insufficient funds to perform an Electronic Funds Transfer, then (1) Electronic Funds Transfer involving currency disbursements, like ATM withdrawals, will have priority, (2) Community Pride Bank E-Banking initiated Electronic Fund Transfers that would result in an overdraft of your account may, at our discretion, be cancelled; (3) if Community Pride Bank E-Banking initiated Electronic Fund Transfers that would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
     
  10. CONFIDENTIALITY
    We may disclose information about your accounts to third parties in accordance with our Privacy Policy as it exists and as it may be amended from time to time. Please see our current Privacy Policy, which is available online at our website, www.cpride.com.
     
  11. BALANCE INQUIRIES, BILL PAYMENT, AND FUNDS TRANSFER LIMITATIONS
    You may use Community Pride Bank E-Banking to check the balance of your accounts and to transfer funds among your Accounts. According to Federal regulations, you may not make more than six (6) preauthorized or automatic transfers from any Money Market Deposit Account or Savings Account during any single monthly statement period. There are no limits to the number of transfers or bill payments which can be made from any Demand Deposit or NOW (collectively referred to as “Checking” account).
     
    The account balances shown by Community Pride Bank E-Banking are updated periodically, and Community Pride Bank E-Banking will display the most current “as of date” on its "Account Summary" page. The account balances shown by Community Pride Bank E-Banking may differ from your records for various reasons. The balances in your accounts shown by Community Pride Bank E-Banking may include deposits still subject to verification by the Bank. Account balances may also differ from your records due to deposits in progress and processing times for outstanding checks or other withdrawals, payments, or charges. If applicable, your available account balance may include the amount available on your overdraft protection line of credit You may incur fees and/or interest expense whenever a withdrawal by specific means (such as by check, in person withdrawal, ATM withdrawal, transfers, electronic bill pay or other electronic means) exceeds your actual available account balance and advances funds from your overdraft protection line of credit. If you have any questions about a balance in your account, please contact the bank. A transfer request may not result in immediate availability because of the time required to process the request. Community Pride Bank E-Banking will use the most current balance in the Bank’s primary computer records at the time of a transaction request in determining whether to approve the request. If you have questions about a balance in your account, please contact the Bank.
     
  12. STOP PAYMENTS
    Stop payments may be entered for a particular check or a range of checks, or for checks of a certain amount or range of amounts. A view function displays pending stop payments. Stop payments entered through Community Pride Bank E-Banking have the same effect as if submitted in writing to the Bank. Once a stop payment request has been entered through Community Pride Bank E-Banking, it can only be canceled or withdrawn by a written request to the Bank, and such cancellation or withdrawal will become effective only if the check for which the stop payment was requested has not been presented to the Bank for settlement.
     
    Stop payment Rights and Preauthorized Electronic Fund Transfers
    You can stop payment of your pre-authorized Electronic Fund Transfers by calling us or writing to us at (763) 862-6500, Community Pride Bank, 1441 Bunker Lake Blvd. NE, Ham Lake, MN 55304. We must receive your stop payment request at least three (3) business days before the scheduled payment date of the pre-authorized Electronic Fund Transfer. If you call, we may require you to submit in writing to us within fourteen (14) days after you call.
     
  13. FEES FOR COMMUNITY PRIDE BANK E-BANKING
    Refer to your deposit account agreement for specific fees.
     
  14. COMMUNITY PRIDE BANK E-BANKING BILL PAYMENT SERVICE
    Community Pride Bank E-Banking Bill Pay permits you to use your computer to direct payments from a designated “Bill Pay Account” to third parties you wish to pay. The designated Bill Pay Account must be a checking account maintained at the Bank. Accounts that require two or more signatures to withdraw or transfer funds may not be used as a Bill Pay Account. Savings accounts and Money Market accounts have transaction limitations and cannot be designated as a Bill Pay Account.
      
    Community Pride Bank E-Banking Bill Pay is generally available via Community Pride Bank E-Banking 24 hours per day, 7 days per week, except during maintenance periods and for closings required by circumstances beyond our control. Although bill payments may be scheduled for the current Business Day or any date in the future at any time, they will only be processed twice a day at 2:00 AM CST and 12:00 PM (Noon) CST. If you attempt to schedule a payment for the same Business Day after the 12:00 PM (Noon) CST, the payment will be processed the following Business Day. Anything scheduled on a non-
    Business day, will be processed the Business Day prior to the non-Business day.
     
    You may arrange, at our option, for the payment of your current, future and recurring bills from your designated Bill Pay Account. You must provide the full name of the payee and the payee’s completed United States address. All payees must have a U.S. postal address. Additional information, such as your account number with the payee, the amount of the payment, and whether the payment is recurring, are also required.
     
    The Bank reserves the right to refuse to pay any payee designated by you. If we do so, we will notify you within a reasonable time.
     
    Your daily limit for the total dollar amount of bill payments via Community Pride Bank E-Banking is governed by the daily available balance reflected in the Bank’s records for your designated Bill Pay Account. You can withdraw up to the available balance shown for the Account, as long as this balance represents sufficient funds to cover the total payments you have requested. Each payment will normally be charged to your account on the business day it is presented for payment. If for any reason Community Pride Bank E-Banking Bill Pay cannot make a scheduled bill payment due to insufficient funds in your checking account, we may either refuse to honor the request or complete the transaction and thereby overdraw the Account. In either event, you are responsible for any Insufficient Funds charges that we impose.
     
    You must schedule any payment at least five (5) business days prior to the date the payment is due to your payee for a check payment mailed to the payee and at least three (3) business days before the payment due date for an electronic payment to the payee. The Bank is not liable for any service fees or late charges levied against you due to postal delays or processing delays by the payee. There is no limit on the number of payees or number of payments that may be authorized. 
     
    Special Information Regarding Canceling or Changing a Payment
    To cancel or change a schedule payment, the request must be submitted before the 2:00 AM CST processing time on the scheduled payment date. Otherwise the payment will be processed according to its instructions at 2:00 AM CST on the scheduled payment date.
     
    The Bank reserves the right to cancel your use of Community Pride Bank E-Banking Bill Pay at any time for any reason. You may cancel your use of Community Pride Bank E-Banking Bill Pay at any time by sending us written notice as provided by Section 24, below. Notices from you will be effective when received by us at the following address: 1441 Bunker Lake Blvd. NE, Ham Lake, MN 55304.
     
    Cancellation of Community Pride Bank E-Banking Bill Pay by you or us will not apply to “pending payments”, which are payments that have been processed but have not been presented for payment. Cancellation of Community Pride Bank E-Banking Bill Pay by you or us prior to any scheduled payment or transfer, which are payments or transfers that have been scheduled but not yet processed, will result in the automatic deletion of all scheduled payments and transfers, and the Bank shall have no liability for non-payment to the payees and transferees in such event.
     
  15. NOTICE OF YOUR RIGHT’S AND LIABILITIES
    Notify the Bank immediately if your Community Pride Bank E-Banking login ID and password have been compromised, lost, stolen, or used without your authorization. Failure to notify us immediately could result in your loss of all funds in your accounts, plus the full amount of any pre-approved overdraft limit. If we are notified within two (2) Business Days after you discover that your user login ID and PIN have been compromised, lost, or stolen, you can lose no more than $50 if someone used it without your permission. If you do not notify us within two (2) Business Days, and we can prove we could have prevented someone from using your user login ID and PIN without your permission, you could lose as much as $500.00.
     
    If your statement shows unauthorized transfers that you did not make, notify us immediately. If you do not notify us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (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 hospital stay kept you from telling us, we may extend the time periods as may be reasonable under the circumstances.
     
  16. ERRORS AND QUESTIONS
    In cases of errors or questions concerning Transactions completed with Community Pride Bank E-Banking, contact us as soon as possible in one of the following ways:

    - Telephone Community Pride Bank at (763) 862-6500
    - Write to the Bank: Community Pride Bank, 1441 Bunker Lake Blvd. NE, Ham Lake, MN 55304
     
    We must hear from you within sixty (60) days after you receive the first statement or notification in which the error or problem appeared. Please include the following information:
     
    - Your name and account number
    - Description of the error or transfer you are unsure about, and an explanation of why you believe it was an error, or a description of why you need more information
    - The dollar amount of the transaction in question
    - If the error or question related to a bill payment, include the following additional information:
      • The account number used to pay the bill
      • The payee name
      • The date the payment was sent
      • The confirmation number for the payment
      • The payment amount
      • Your account number for the payee for the payment in question.
     
    We will tell you the results of our investigation within ten (10) Business Days after we hear from you. If we need more time we may take up to forty-five (45) Business Days to investigate. If we choose to take up to forty-five (45) Business Days, (Ninety (90) Business Days if the transfer involved a point of sale transaction or a foreign initiated transfer), we will give you a provisional credit to your Account within ten (10) Business Days. If we ask you to put your complaint or question in writing and WE DO NOT receive it in writing within ten (10) Business days, we may not provisionally credit your account. If we decide there was no error, we will furnish you with a written explanation within three (3) Business Days after the investigation is complete. You may ask for copies of the documents that we used in our investigation.
     
  17. LIMIT OF BANK AND OTHER PROVIDERS’ RESPONSIBILTIES
    Community Pride Bank agrees to make reasonable efforts to ensure full performance of Community Pride Bank E-Banking. The Bank will be responsible for acting only on those instructions sent through Community Pride Bank E-Banking that are actually received, and cannot assume responsibility for malfunctions in communication failures not under its control that may affect the accuracy or timeliness of messages you send. Community Pride Bank is not responsible for any losses or delayed transmission of instructions arising out of the use of any Internet Service Provider or caused by any browser software. Any information you receive from Community Pride Bank can only be provided on a best-effort basis for your convenience and is not guaranteed. Community Pride Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information or for any investment or other decision made using this information. The Bank is not liable for any computer virus or related problems that may be attributable to E-Banking or to any service provided by any Internet Service Provider. In no case shall Community Pride Bank be liable for consequential or incidental damages. 
     
    COMMUNITY PRIDE BANK MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING E-BANKING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS, AND THEN ONLY TO THE EXTENT, THAT DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.
     
  18. NO OTHER USE
    You may use E-Banking for your personal use only and may not reproduce, sell or distribute any or all portion of the information provided to you by the E-Banking service. You agree to take reasonable steps to ensure that you will not use the services provided to you or the Internet for illegal purposes, for transmission of threatening, obscene, or harassing materials, or to interfere with or disrupt other users, services or equipment. Disruptions include, but are not limited to, distributing chain letters or mass mailing of unsolicited e-mail, propaganda, computer worms and viruses, or using the services and the Internet to make unauthorized entry to any other machine. Violation of the foregoing may result in termination of access rights to the offending party or parties.
     
  19. SEVERABILITY
    In the event any one or more of the provisions of this Agreement shall for any reason hold to be invalid, illegal, or unenforceable, the remaining provisions shall remain valid and enforceable.
     
  20. GOVERNING LAW
    The terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of Minnesota, without regard to its conflict of law provision. Any issue relating to an account or service with Community Pride Bank which you access through E-Banking shall be governed by the laws specified in the agreement for that account or service if there is a separate agreement for that account or service.
     
  21. WAIVER
    Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and signed by an authorized officer of the Bank, and shall not constitute a waiver of any other or subsequent default of breach.
     
  22. ASSIGNMENT
    Community Pride Bank may assign its rights and delegate its duties under this Agreement to a company affiliated with Community Pride Bank or to any other party. You may not assign any of your rights or duties under this Agreement at any time.
     
  23. ENTIRE AGREEMENT
    This Agreement, together with the Enrollment Form and Schedule of Fees and Charges, is the entire agreement between you and Community Pride Bank regarding your use of E-Banking, and it supersedes any prior discussions and agreements between you and the Bank regarding your use of E-Banking, and supersedes any marketing or other similar material pertaining to the E-Banking service delivered to you in writing, verbally, or obtained at Community Pride Bank site or the site of any Internet Service Provider.
     
  24. CHANGE IN TERMS
    We may amend this Disclosure and/or Agreement at any time. We may also change the E-Banking service, including services fees, at any time. If we change any term(s) or condition(s) that would result in a greater cost or liability to you or decrease access to your accounts, we will notify you at least thirty (30) days in advance. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you on the account records we have on file for you. You understand that by using E-Banking after you have been notified of the change, and after the change becomes effective, you are agreeing to the change.
     
    We do not need to provide you with any prior notice where an immediate change in the terms or conditions of the Agreement is necessary to maintain or restore the security of our system or an account. However, in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you if feasible, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account.
     
  25. TERMINATION
    This Agreement will remain in effect until it is terminated by you or Community Pride Bank.
     
    Your Right to Terminate: You may cancel your E-Banking service at any time by providing a written notice via the U.S. Postal Service to, Community Pride Bank, 1441 Bunker Lake Blvd. NE, Ham Lake, MN 55304 or fax to (763) 862-6600. Termination of the service will be effective the first business day following receipt of your written notice. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
     
    Our Right to Terminate: You agree that we may terminate or limit your access to E-Banking for any of the following reason:
     
    -You or any unauthorized users of your password breach this or any other agreement with us.
    -We have reason to believe that there has been an unauthorized use of your account or password.
    -Without prior notice, if you have insufficient funds in any of your accounts.
    -Upon reasonable notice, for any other reason at our sole discretion.
     
  26. COMMUNICATION
    Unless this Agreement provides otherwise, you can communicate with us in any of the following ways:
     
    -Telephone (763) 862-6500
    -Facsimile (763) 862-6600
    -U.S. Postal Service
      Community Pride Bank
      1441 Bunker Lake Blvd. NE
      Ham Lake, MN 55304
     
    IF YOU WISH TO PROCEED WITH THE LOGIN PROCESS, PLEASE INDICATE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, AND THAT YOU INTEND TO CREATE A VALID AND BINDING LEGAL CONTRACT BETWEEN YOU AND COMMUNITY PRIDE BANK BY SELECTING THE APPROPRIATE LINK BELOW.
   
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