ONLINE BANKING ACCESS AGREEMENT

AND ELECTRONIC
FUND TRANSFER ACT DISCLOSURE

This Online Banking Access Agreement and Electronic Fund Transfer Act Disclosure (“Agreement”) is a contract which establishes the rules covering your electronic access to your accounts at Lyon County State Bank (“Bank”) through Online Banking. By clicking “I Accept” below and using Online Banking, you accept all the terms and conditions of this Agreement. Please read it carefully.

Agreement
The terms and conditions of the deposit agreements and disclosures for each of your BANK accounts as well as your other agreements with BANK, such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.

This Agreement is also subject to applicable federal laws and the laws of the State of Kansas (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and BANK’s successors and assigns. Certain obligations of the parties pursuant to this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement together with the Application constitutes the entire agreement between you and BANK with respect to the subject matter hereof and there are no understandings relative hereto which are not fully expressed herein.

Definitions
As used in this Agreement, the words “we”, “us” and “our” refer to Lyon County State Bank. “You” and “your” refer to the accountholder authorized by BANK to use Online Banking under this Agreement or anyone authorized by that accountholder to exercise control over the accountholder’s funds through Online Banking. “Account” or “Accounts” means your accounts at BANK. “Electronic funds transfers” means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your BANK accounts using Online Banking. “Online Banking Services” means the services provided pursuant to this Agreement. “Business days” means Monday through Friday. Holidays are not included. “PIN” means Personal Identification Number.

Access
To use Online Banking, you must have at least one account at BANK, access to Internet service and the appropriate hardware/software systems. Once we have received your Application and verified your account information, we will send you, via your selected method, your assigned temporary security code. Online Banking can be used to access only BANK accounts, which you have designated for access. You can add or delete any of your BANK accounts from this Agreement by contacting Lyon County State Bank. Access to your accounts through Online Banking will be based upon the identification of users. We undertake no obligation to monitor transactions through Online Banking to determine that they are made on behalf of the accountholder.

Online Banking Services
You can use online banking to check the balance of your BANK accounts, view BANK account histories, check images and statements, transfer funds between your BANK checking and savings accounts, make loan payments, make stop payment requests and pay bills from your checking account.

Mobile Banking

Mobile Banking is offered as an additional service to our Online Banking Services.  It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us.  Mobile Banking allows you to access your BANK account information and conduct a variety of other transactions on your mobile phone or other mobile device.  In order to use the Mobile Banking, you must be enrolled to use Online Banking and then activate your mobile device on the Online Banking system.

BANK provides access through normal browser based access as well as a mobile application (“App”) available through download channels accessible through your mobile service provider.

 

Mobile Banking may not be accessible or may have limited use over some network carriers.  BANK cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of range” issues.  We do not guarantee functionality of the service on all wireless devices. You are responsible for the charges of any wireless service provider while using the service.

 

You are responsible for providing your own hardware and browser software or the branded Lyon County State Bank App downloaded through a standard application store available to you through your mobile device.

You agree not to use this service for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations.

 

You agree that you will not attempt to: (i) access this service for which your use has not been authorized; (ii) use or attempt to use a third party’s account; or (iii) otherwise abuse the service.

 

We will use commercially reasonable efforts to secure the service to prevent access by unauthorized persons and to prevent the introduction of any unauthorized tracking or malicious code, such as a computer virus or spyware. However, no security system is failsafe, and despite our efforts the security of the service could be compromised or malicious code could be introduced by third parties. We will provide you with notice if your information is the subject of a security breach as required by applicable law.

The accounts that you access using this service are subject to the terms and conditions of the deposit agreement for those accounts and the additional terms and conditions included in this Agreement.

Hours of Access
You can use Online Banking seven days a week, twenty four hours a day, although some or all Online Banking services may not be available occasionally due to emergency or scheduled system maintenance. In addition, accessibility may be interrupted because of conditions beyond our control, including outages in internet or phone service.

Your Password
For security purposes, you are required to create a Password upon your initial login to Online Banking. You determine what Password you will use and the identity of your Password is not communicated to us. You agree that we are authorized to act on instructions received under your Password. You accept responsibility for the confidentiality and security of your Password and agree to change your Password regularly. Upon three unsuccessful attempts to use your Password, your access to Online Banking will be revoked. To re-establish your authorization to use Online Banking, you may contact us to have your Password reset or use the password self reset .

We recommend that you create a PIN that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your PIN should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth or names of children, and should be memorized rather than written down.

Security
You understand the importance of your role in preventing misuse of your accounts through Online Banking and you agree to promptly examine your statement for each of your BANK accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your PIN and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via Online Banking is encrypted in an effort to provide transmission security and Online Banking utilizes identification technology to verify that the sender and receiver of transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the Online Banking system is secure, 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 utilizing Online Banking, or e-mail transmitted to and from us, will not be monitored or read by others.

Fees and Charges
You agree to pay any fees and charges for use of Online Banking services as set forth in the current fee schedule. You are also responsible for telephone and Internet service fees you incur in connection with your use of Online Banking.

Posting of Transfers
Transfers initiated through Online Banking on a regular business day made prior to night time processing (approx.    6:00 pm central standard time) are posted to your account the same day. Transfers completed after night time processing, Saturday, Sunday or banking holiday, will be posted on the next business day. Online Banking identifies transfers based upon the login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in the Transfer menu options of Online Banking will not reflect transfers made by multiple users from the same account if different login IDs are used. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers from your accounts in order to avoid overdrafts.

Overdrafts (Order of Payments, Transfers and other Withdrawals)
If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:

  • Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
  • Electronic fund transfers initiated through Online Banking which would result in an overdraft of your account may, at our discretion, be cancelled;
  • In the event the electronic fund transfers initiated through Online Banking, which 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.

Limits on Amounts and Frequency of Online Banking Transactions
The number of transfers from BANK accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been 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.

Stop-Payment Requests
You may initiate stop payment requests on-line via Online Banking only for paper checks you have written on your BANK accounts. On-line Stop Payment requests are processed when actually received by the BANK in proper form. The stop payment must precisely identify the name of the payee, the check number, the amount and date of the check.

If you make your stop payment request online or by telephone, we require you to put your request in the form of paper writing and get it to us within 14 days after you call. You will incur stop payment charges as disclosed in the current fee schedule for the applicable account.

Periodic Statements
You will not receive a separate Online Banking statement. Transfers to and from your accounts will appear on the respective periodic statements for your BANK account.

Change in Terms
We may change any term of this Agreement at any time. If the change would result in increased fees for any Online Banking service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least  30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the Bank’s web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all the subject Online Banking services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.

In Case of Errors or Questions about Your Electronic Transfers
Contact us as soon as you can, if you think your statement or Online Banking account is wrong, or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared. When you contact us:

  • Tell us your name and account number.
  • Describe the error or 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 contact us by telephone or by e-mail, we may require that you send us your complaint or question in the form of paper writing by postal mail or fax within 10 business days.

We will communicate to you the results of our investigation within 10 business days after you contact us and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days 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 complaint or question in writing and we do not receive it in the form of paper writing within 10 business days, we may not provisionally credit your account.

Our Liability for Failure to make a Transfer
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 when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. 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 a transfer.
  • If a legal order directs us to prohibit withdrawals from the account.
  • If your account is closed, or if it has been frozen.
  • If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
  • If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
  • If any electronic terminal, telecommunications device, or any part of the Online Banking electronic fund transfer system was not working properly when you attempted to initiate the transfer and you reasonably suspected that there was a problem or that your transfer might not have been initiated, but you failed to notify us.
  • If you have not properly followed the on-screen instructions for using Online Banking or you fail to receive a transaction confirmation screen.
  • If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.

Your Liability for Unauthorized Transfers
CONTACT US AT ONCE if you believe your Password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any).

Also, if your statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period 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 contacting us, we will extend the time periods.

Disclaimer of Warranty and Limitations of Liability
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Online Banking services provided to you under this Agreement. We do not and cannot warranty that Online Banking will operate without errors, or that any or all Online Banking services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to Online Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of BANK and its affiliates exceed the amounts paid by you for the services provided to you through Online Banking.

Your Right to Terminate
You may cancel your Online Banking service at any time by providing us with written notice by postal mail or fax. Your access to Online Banking will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

Our Right to Terminate
You agree that from time to time we may limit access to Online Banking services to perform routine hardware or software maintenance and for similar purposes or:

Without prior notice, if you have insufficient funds in any one of your BANK accounts. Online Banking service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.

Upon reasonable notice, for any other reason in our sole discretion.

Communication between BANK and You
Unless this Agreement provides otherwise, you can communicate with us in one of the following ways:

Contact us – This online banking tab will send your message in a secure format.

Regular e-mail: [email protected] (Note: regular email sent over the internet is not sent in secure form.)

Telephone: 620-342-3523 or 1-877-448-5272

Fax:  620-342-1876

Mail:  Lyon County State Bank
P O Box 488
Emporia, Ks 66801

In Person: Lyon County State Bank
902 Merchant
Emporia, Ks 66801