Terms used in this Agreement
This agreement states the terms and conditions that apply when you use the Western Security Bank Internet Banking and Bill Pay service. These terms and conditions are in addition to those that apply to the accounts you have with us or any other services you obtain from us.
- “We,” “us,” “our” and “Western Security” are used to refer to Western Security Bank.
- “You,” “your” and “customer” mean each person who establishes an Internet Banking and Bill Pay customer account with us or who uses or is authorized to use an Internet Banking Bill Pay customer identification number and password.
- The terms “merchant” and “payee” means any business, company, individual or other third-party that we agree to establish as a payee for you, and includes us when you are making payments to us.
- “Business Day” refers to weekdays Monday through Friday, except federal holidays.
- “Business Hours” refers to the hours of 8 AM to 5 PM Mountain Standard Time every business day.
- “Account” in reference to Bill Pay means the designated account from which bill payments will be made on your behalf pursuant to the Agreement.
- “PC” refers to the Personal Computer, connected to the Internet, that you will be using to access the service.
- The term “transfer” refers to a transaction that moves funds between your accounts within Western Security Bank. “Payment” means a transaction that you initiate through Bill Pay that withdraws funds from your designated account and sends them to a merchant or payee, including payments made to your own accounts at institutions other than Western Security.
In the Agreement, the customer agrees as follows. You may use a PC through an Internet connection to obtain account balances and transaction information. You may also use your PC to obtain statements on your accounts and to transfer money between your accounts. However, transfers from your savings and Money Market accounts are considered pre-authorized transfers, and pre-authorized transfers are limited to six (6) per monthly statement cycle by federal regulations. In addition, you may use your PC to electronically direct us to make payments from your account to Payees that you have selected to receive payment through the Service. You may make payments through the Service to any merchant or payee.
By using or subscribing to the Service, you agree to the terms of this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.
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 and will give you advance notice of any such changes. Unless you comply with such changes, you will not be able to participate further in our internet service. You are solely responsible for setting up and maintaining your computer hardware and software and satisfying all hardware and software requirements.
Electronic Disclosures and Notices. This Disclosure describes the process that must occur before we can provide you with 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 when 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.
1. System Requirements
To access the service, you must have a web browser that supports 256-bit encryption. There are upgrades for Microsoft Internet Explorer version 6.0 or greater, or Netscape Navigator version 4.5 or greater, which provide this encryption. These upgrades can be obtained by going to the Microsoft or Netscape sites.
2. Your Merchant List
You may include all utility companies, merchants, financial institutions, insurance companies, individuals, etc. whom you wish to pay through Western Security Bank’s Online Bill Pay, excluding merchants outside of the United States. Include a complete mailing address and telephone number for each and your account number with each payee. We reserve the right to decline to make payments to certain persons and entities.
3. Your User Code and Password
Each individual who has access to Western Security’s Internet Banking, including each individual named on a joint account, must designate a user code and password. Your password must be 8 characters in length and include both letters and numbers.
4. User Code and Password Security
It is important to keep your user code and password confidential to prevent unauthorized use and loss to your accounts. Anyone to whom you give your user code and password will have full access to your accounts even if you attempt to limit that person’s authority.
Western Security Bank recommends you maintain up-to-date virus protection software on your computer, change your password every 90 days, never open e-mail attachments from an unknown source and never provide personal account information by e-mail.
5. Eligible Accounts
Accounts that can be accessed through the Service include Checking, Savings, Certificates of Deposit, Mortgage Loans, Consumer Loans, and Line of Credit Loans (LOCs). Transfers can be completed as follows: Checking to Checking, Checking to Savings, Checking to Consumer Loan or LOC, Savings to Savings, Savings to Checking, Savings to Consumer Loan or LOC, LOC to Checking, LOC to Savings. Transfers initiated on this system are subject to the Funds Availability Policy and Electronic Funds Transfer Agreement, as well as conditions governing individual account types. You must have a checking account to use Bill Pay. If you have more than one signer on the account all signers must have “joint custody” of the account.
6. Checks drawn on Nonsufficient Funds
Checks that appear on your Current Statement as having cleared on the business day prior to the date of your inquiry may be returned unpaid if you do not have sufficient funds in your account. For example, assuming that July 17 and 18 are both business days, if you inquire on your account on July 18, checks that show as clearing your account on July 17 may be subject to return if your account does not have enough money to pay them. Checks that are returned will appear on your current statement the day after they are returned, as will non-sufficient funds fees. Using the example listed above, items that initially clear your account on July 17 would be returned on July 18.
7. Scheduling Payments
You may choose to subscribe to the Bill Pay service and use your PC to electronically schedule payments to merchants or other third parties from your designated account. Payments are posted against your balance available for withdrawal, as defined in the Bank’s Funds Availability Policy, plus the available credit on your overdraft protection, if any, or other line of credit.
8. Delivery of Your Payments and Transfers
You may schedule payments to be initiated on the current business day, on a future date, or on the same date of each month, subject to the restrictions in the Agreement. Although you can enter payment information through the Service twenty-four (24) hours a day, seven (7) days a week, payments can be initiated only on business days. The deadline to send a payment the same day is 11:00 A.M.
Funds will be deducted from your Account on the business day on which a payment is to be “initiated” for electronic payments. This date is referred to in this Agreement as the “Transaction Date.” If you direct the initiation of a payment to occur on a day other than a business day, it will be initiated on the following business day. Check payments are encoded just as if they were a check from the customer’s own checkbook. The signature line on the check will print “Signature on file.”
We may remit your payments by mailing your Payee a check, by electronic funds transfer, including ACH (Automated Clearing House), by check or by other means. Because of the time it takes to send your payment to them, your Payees generally will not receive payment on the Transaction Date. This applies regardless of whether the payment is a next-day payment, a future payment, or a recurring payment, as described below. Therefore, in order to provide sufficient time for payments to be received by your Payees, allow 3-4 days for electronic payments and 5-7 days for checks to reach the Payee. Check payments entered before 11:00 a.m. will be mailed that same business day.
9. Recurring Payments and Transfers
Recurring payments and Transfers are those made for the same amount and are made on a weekly, bi-monthly, monthly basis, etc. Once started, recurring payments and transfers will be made automatically until you stop or cancel the service. IN ORDER TO STOP THE TRANSFER OR PAYMENT YOU MUST DELETE THE TRANSACTION BY 11:00 AM ON THE DAY OF THE TRANSFER.
10. Our Liability for Failure to Complete Transactions
If we do not complete a transfer 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, 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 the money in your account is subject to legal process or other encumbrances restricting transfer;
- if the transfer would go over the credit limit on your overdraft line (if any);
- if the automated teller machine or the merchant where you are making the transfer does not have enough cash;
- if the system was not working properly when you started the transfer;
- if circumstances beyond our control (such as fire or flood or systems failure) prevent the transfer, despite reasonable precautions that we have taken; OR
- if the payee mishandles or delays handling payments sent by us.
Except as expressly set forth in this Agreement, we and our affiliates and agents, as well as any information providers, hereby expressly disclaim all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, and error-free and uninterrupted services and disclaim any liability predicated upon such warranties. We and the Information Providers do not guaranty or make any representations or warranties or assume any liability to you regarding (i) the use or the results of the use of the Services, including without limitation an financial results based on use of the Services or any delay or loss of use of the Services, or (ii) effects on or damages to Software and Hardware in connection with any use of the Site or Services, or for any loss that result from a cause over which we or any other such entity does not have control, including but not limited to failure of electronic or mechanical equipment, unauthorized access, strikes, failures of common carrier or utility systems, severe weather, or other causes commonly known as “acts of god”, whether or not such cause was reasonably foreseeable.
11. Canceling Payment
You may use your PC to cancel a payment up to 11 a.m. (MST) on the business day your payment is scheduled to be initiated (“Transaction Date”). There is no fee for canceling a payment Online. Other requests must be made at least one (1) day prior to scheduled payment date.
All payments, transfers, and/or fees made with or incurred because of using the Service will appear on your monthly account statements for each respective account in which the transactions were made. For electronic payments, the Payee name, payment amount, and date of the payment will be shown for each payment made through the Service during that month. For check payments, the item will clear with a check number assigned at the time of setup.
With Internet Banking, there are no monthly or transaction fees for accessing your accounts and using features of the Internet Banking service. However, fees disclosed separately to you in connection with your accounts, such as charges for dropping below minimum balance requirements, etc., still apply. Charges from your Internet service provider for time spent accessing Internet Banking and Bill Pay are solely your responsibility. Charges for Bill Pay services are disclosed at our Bill Pay sign up site.
Fees for Western Security’s Services shall be payable in accordance with a schedule of charges as established and amended by Western Security Bank from time to time. Charges shall be automatically deducted from customer’s Account, and we will provide to Customer monthly notice of such debit(s) on your statement.
You are solely responsible for the equipment (including, in the case of Online Banking, your personal computer and software) you use to access the Services. We are not responsible for errors or delays or your inability to access the Services caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the Services nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon.
15. Payment and Transfer cut-off times and Service Availability
Payments must be scheduled before the cut-off time of 11 a.m. (Mountain Standard Time) on any business day in order for the payment to be initiated for that business day. Transfers must be scheduled before the cut-off time of 8:00 p.m. (MST) on any business day in order for the transaction to be completed on that business day. Payments and transfers can be completed only on business days. The Service is available 24 hours a day, seven days a week, except during maintenance periods, for accessing account information, the scheduling of payment orders and for making transfers. Transactions initiated after the cut-off time or on a non-business day will be recorded on the next business day.
16. Notice of Your Rights and Liabilities
Security of your transactions is important to us. Use of the Services therefore requires a user code and password. If you lose or forget your password or user code, please call 1-800-815-1444 during normal business hours listed above.
We may accept as authentic any instructions given to us through the use of your password and user code. You agree to keep your user code and password secret and to notify us immediately if your user code or password is lost or stolen or if you believe someone else has discovered your user code or password. You agree that if you give your user code or password to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use the Services. Online Banking Services enables you to change your password; we require that you do so regularly. We may be liable for certain security breaches to the extent required by applicable law and regulation. We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities beyond what is covered in our Security disclosure. Please note that we reserve the right to (1) monitor and/or record all communications and activity related to the Services; and (2) require verification of all requested transfers in the manner we deem appropriate before making the transfer (which may include written verification by you). You agree that our records will be final and conclusive as to all questions concerning whether or not your user code and password was used in connection with a particular transaction. If any unauthorized use of your user code or password occurs you agree to (1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance requested by us in recovering any unauthorized transfer of funds. Resolution of problems that occur during use of Internet Banking or Bill Pay services is governed by the Electronic Funds Transfer Agreement.
If you believe your PIN or password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call 1-800-815-1444 during normal business hours listed above. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN USER CODES OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL.
17. General Questions
In case of questions about your electronic transactions, telephone us at (406) 238.8820 or (800) 815.1444 from 8 AM to 5 PM Mountain Standard Time, or write us at:
WESTERN SECURITY BANK
Attn: Internet Banking
PO Box 20637
Billings, MT 59104-0637
To help us resolve your inquiry, include your name and a daytime phone number where you may be reached. FOR YOUR SECURITY, PLEASE DO NOT INCLUDE YOUR USER CODE OR PASSWORD.
Standards for communicating electronically with us
a) You agree to not use the Site E-mail or non-site E-mail for the following purposes: (i) giving us any notice required hereunder or requests for us to transfer funds, (ii) using Site E-mail to transmit personal credit information (including credit card numbers), (iii) giving notice of a change of address, (iv) giving instructions to change or confirm your User Code or Password, and (v) giving us any time-sensitive instructions. We will not be required to act upon any such types of instruction and will not be liable for any losses resulting from the failure to so act.
b) You agree to provide us with your non-Site E-mail address (and any changes to such address) so that we may if necessary communicate with you electronically. There can be no certainty that any Site E-mail or non-site E-mail will be transmitted to you in a timely manner.
If you want to terminate your access to the Internet Banking or Bill Pay Services, contact us using any of the methods described under the General Questions paragraph. We may send a written termination authorization for your signature and return to us. In order to avoid imposition of the next monthly fee (for Bill Pay only), we must receive your authorization to terminate three (3) days before your service charge is scheduled to assess. RECURRING TRANSFERS WILL NOT NECESSARILY BE DISCONTINUED BECAUSE YOU TERMINATE ACCESS TO THE SERVICES. IF YOU WANT TO MAKE SURE THAT RECURRING TRANSFERS BETWEEN ACCOUNTS ARE STOPPED, YOU MUST FOLLOW THE PROCEDURES IN THE CANCELING PAYMENTS PARAGRAPH ABOVE.
We reserve the right to terminate the Western Security Internet Banking and Bill Pay services, in whole or in part, at any time with or without cause and without prior written notice. In that event, or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend the Services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter you PIN or password as an indication of an attempted security breach. Termination of the Services does not affect your obligations under this Agreement with respect to occurrences before termination.
19. Limitation of Liability
Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by the Services or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC equipment or FROM ANY INACCURACIES, FAILURES, OR DEFECTS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES, OR ANY ACT OR OMISSION, OR ANY EVENT DIRECTLY OR INDIRECTLY RESULTING FROM ANY ACT OR OMISSION, OF THIRD PARTIES (IF ANY).
WE MAKE NO WARRANTIES OR PROMISES TO YOU REGARDING THE FOLLOWING:
a) Completeness, Accuracy, and Timeliness of Information: We do not guarantee the accuracy, completeness, sequence or timeliness of the Information, nor will we have any responsibility for indirect, consequential, or special damages you may incur (i) for any reliance by you on Information or for the reliability, accuracy, completeness, sequence or timeliness thereof, (ii) for any delays or errors in the transmission or delivery of any part of the Information of Services, (iii) for any delays of errors in payments entered through the Internet Banking or Bill Pay System, or (iv) for any use of the Site E-mail or non-site E-mail.
b) Continuation of the Services and the Internet Banking or Bill Pay System: We do not guarantee that it will continue to make the Internet Banking, Bill Pay, or the Services available to you, whether by the same methods currently used or otherwise. You agree not to hold us liable for any damages arising from a discontinuation or modification of all or part of the Services.
c) Computer Viruses: We shall not be liable for any harm caused by the transmission through the Service of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the Services or any of your Software, Hardware, data or property.
d) Information and Software of Third Parties: We make no representation and assume no liability regarding the quality, accuracy, or suitability of any information or software found on any other site not under our control, or software or hardware developed by any third party that we distribute to you.
20. THE SITE AND SOFTWARE DISTRIBUTED TO YOU MAY NOT BE USED FOR CERTAIN PURPOSES
a) Transmission or use of any material in violation of this Agreement, or any applicable law, rule or regulation (whether of the United States or other countries), or the rights of any third party, is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening or obscene, material protected by trademark, trade secret, or patent laws, or material that results in an invasion of privacy.
b) You acknowledge that any Software distributed to you by us may include encryption methods that are subject to the export control laws of the United States. By accepting receipt of, using or downloading the Software, you acknowledge and agree that the Software, and any direct product of the Software identified as not for export, may not be exported or re-exported outside the United States to any foreign entity or “foreign person” (as defined by United States Government Regulations). The term “foreign person” includes anyone who is not a citizen, national, or lawful permanent resident of the United States. We are not responsible for any use of the Software by you in violation of this Subparagraph 20(b) or of the export and customs laws and regulations of the United States.
21. THE SERVICES MAY NOT BE AVAILABLE TO CERTAIN PERSONS OR AT CERTAIN TIMES.
We are not required to make available or to continue to make available the Internet Banking, Bill Pay or service to residents of any non-U.S. jurisdiction where we determine, in our sole judgement, that furnishing them to such persons might be unlawful under the laws of such non-U.S. jurisdiction or the laws of the U.S., or compliance with either of such laws is impractical or commercially unreasonable.
No waiver of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of the Western Security Bank.
You may not transfer or assign your rights or duties under this Agreement. This Agreement shall inure to the benefit of our successors and assigns whether by merger, consolidation, or otherwise, and shall be binding upon your personal representatives, executors, administrators, heirs successors and permitted assigns. We may assign this Agreement or any of its rights or obligations under this Agreement to a company affiliated with us or to any successor company (whether by merger, consolidation, or otherwise), or to any person or entity at any time without your consent.
24. Governing Law
The laws of the state of Montana shall govern this Agreement and all transactions hereunder. Customer acknowledges that he/she has reviewed this Customer Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby.
We can change a term or condition of this Agreement by mailing or delivering to you a written notice at least thirty (30) days before the effective date of any such change. We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain or restore the security of our system or an account. However, even 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, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you in either our Checking or Savings Account records, or E-mail address in which you authorized to receive such notices and/or disclosures.
Customer, in consideration of being allowed access to the Western Security Bank’ Services, agrees to indemnify and hold the Western Security Bank harmless for any losses or damages to the BANK resulting from the use of the Services, to the extent allowed by applicable law.
27. Security Procedures
By accessing the Services, you hereby acknowledge that you will be entering a protected web site owned by Western Security Bank, which may be used only for authorized purposes. We may monitor and audit usage of the System, and all persons are hereby notified that use of the Services constitutes consent to such monitoring and auditing. Unauthorized attempts to up-load information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986. Additional information and regulations are stated in our Security Disclosure.
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.
Western Security Bank, Division of Glacier Bank
PO Box 20637
Billings, MT. 59104
Business Days: Monday through Friday
Excluding Federal Holidays
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST
The person agreeing to this Online 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 Online 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 Online Agreement, to all of the terms and conditions set forth in this Agreement and acknowledge receipt of a copy of this Agreement.
On-Line Banking and Bill Payment Service Agreement