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| Great American Bank Online Service Agreement Great American Bank's Online Banking (Great American Bank Netteller) allows you to obtain information about your accounts, to transfer funds between your accounts, and to request certain other banking services. This agreement describes your rights and obligations as a user of Great American Bank's Online Banking, including the optional Bill Payment Service and for businesses the Cash Management Service. It also describes certain rights and obligations of Great American Bank. Please read this agreement carefully. Use of any of the Services by you or anyone you authorize is your acknowledgement that you agree to the terms and conditions of this Agreement. Your use of the Services may also be subject to certain other agreements, disclosures and terms as indicated below. Bill Payment and Cash Management features may not be available at the date you begin using Online Banking. DEFINITIONS: In addition to terms defined elsewhere in this Agreement, the following words have the meanings listed below. "Online Banking" or "Great American Bank Netteller" means online banking services available from Great American Bank and accessed over an Internet connection. This service allows you access to the Great American Bank accounts you specify on your application (Eligible Accounts).
OTHER AGREEMENTS; FEES: In addition to this Agreement, you agree to be bound by and comply with the requirements of all other agreements applicable to each of your accounts. Your use of Online Banking or any of the Services (including Bill Payment) is governed by this Agreement, your Deposit Account Contract, your loan and other agreements with the Bank, your application(s) for Online Banking and Bill Payment and any instructions that we provide you for using the Services. Your use of any Service is your acknowledgement that you have received these agreements and all related disclosures and terms and that you intend to be bound by them. You should review other disclosures received by you when you opened your accounts at the bank including those regarding electronic funds transfers and all fee schedules. Please note the fee schedule below. Whichever account you initiate the service will be the account charged for the corresponding fee. For certain services the fee will deducted the same day as you initiate them (i.e. stop payment or wire transfer) and for other services the fee will be deducted monthly. We will notify you in writing of the fees and charges we establish from time to time for the Service and you agree to pay them promptly. We may, in our discretion, change such fees and charges upon prior written notice. FEE SCHEDULE: Great American Bank's normal service charges that were disclosed to you at account opening and in any subsequent editions or amendments to your Schedule of Fees apply to Online Banking. ACCESS TO SERVICES: The bank will provide separate technical instructions on how to use Great American Bank Netteller Online Banking and its various services. You will gain access to the Services through the use of your internet-enabled devise, your Internet Service Provider, Your PIN and your login ID. To print or electronically retain information you view in Online Banking, you also must have a printer or software and hardware to download and save the information. We are not responsible for any error, damages or other losses you may suffer due to the malfunction or misapplication of any system you use, including your browser, your personal financial management or other software or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with Great American Bank. SECURITY AND PROTECTING YOUR ACCOUNT: Great American Bank is committed to protecting the security and confidentiality of our customer account information. We use several different methods to protect your account information:
It is important to maintain the confidentiality of your password. You agree not to allow anyone to gain access to the Service using your password or to let anyone know your password. You also agree not to leave your account information displayed in an area accessible to others or to leave your PC unattended while using Great American Bank Netteller. You accept all responsibility for all transactions initiated under your login ID and password, up to the limits allowed by applicable law. No one at the bank should need your password. IF YOUR PASSWORD HAS BEEN LOST OR STOLEN: Tell us AT ONCE if you believe your password has been lost or stolen. Telephoning the bank is the best way of keeping your possible losses down. Call the bank immediately at 816-452-1100 between 9:00 am to 5:00 pm, Monday through Thursday and 9:00 am to 6:00 pm, Friday (Business days). You could lose all the money in your account. IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE: If your statement shows transfer you did not make, tell us AT ONCE by calling 816.452.1100, 9:00 am to 5:00 pm, Monday through Thursday or 9:00 am to 6:00 pm Friday. You may also write to us at the following address: Great American BankIf you do not tell us within 30 days after the statement was mailed to you, you may not get back any money lost 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 hospital stay or a long vacation kept you from telling us we may extend the time period at our discretion. BANKING TRANSACTIONS WITH ONLINE BANKING: In addition to viewing account information, you may also use online banking to conduct the following transactions:
WITHDRAWAL LIMITATIONS: Federal Regulations impose certain withdrawal limitations on saving accounts and money market accounts. Please see the current Deposit account contract for more specific information. For Money Market Accounts, you may make six (6) preauthorized, automatic online or telephone transfers from your account per statement cycle, but only three (3) may be by check, draft or similar order to third parties. For savings accounts, you may make two (2) transfers or withdrawals per month. Transfers (credit and debits) are processed by the bank the same as other electronic funds transfers. Please see your Deposit Account Contract or other applicable bank agreement regarding funds availability and processing. BILL PAYMENT SERVICE: The Bill Payment Service enables you to use your internet-enabled devise to direct payments from your designated online Bill Pay Account to third parties you wish to pay. Your Bill Pay Account must be a checking account. Through the Bill Payment service, you can pay bills from your Bill Pay Account to businesses or individuals. All payments you make will be deducted from your checking account that you designate as your Bill Pay Account for the Bill Pay Service (money market accounts may not be designated as your Bill Pay Account). Any Payments you wish to make through this service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict other types of payees to whom payments may be made using this Service, from time to time. You must not use the Bill Payment Service to make payments to payees outside the continental United States, payments to settle securities purchases, tax payments or court ordered payments. Even if we process a Bill Payment request for these types of payments, you are solely responsible for these payments and for all related claims and damages, including if the payment is delayed or improperly processed or credited. Funds must be available in your Bill Pay account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-business (Saturday, Sunday or Holiday), the transaction will be processed on the following business day (e.g. Monday) and the funds must be available in your Bill Pay Account on that day. After funds are withdrawn from your Bill Pay Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check. You may choose to schedule payments to reoccur in the same amount at regular weekly, bi-weekly, monthly, semi-monthly, quarterly, annually or semi-annually intervals. When you create a new payee in the Bill Payment Service, it has a temporary status until we have sufficient time to set up the account, and, for your business payees, to verify information about your account. You should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow us time to set up the payee and to verify information about your account with the payee. For all subsequent payments, you agree to allow at least five (5) business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your bill or invoice provided by the payee, not taking into account any applicable grace period). If you do not, you will be fully responsible for all late fees, finance charges and other actions taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, we will work with the payee on your behalf to attempt to have any late fees or charges reversed. The bank is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will not be liable in any way for damages you incur if you do not have sufficient funds in your Bill Pay Account to make the payment on the processing date, for delays in mail delivery, for changes to the payee's address or account number unless you have advised us of the change sufficiently in advance, for the failure of any payee to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond the control of the bank. If the session during which you schedule a payment or transfer ends before 12:00 pm Central Standard Time, it will be considered to have been received on that day. Otherwise, it will be considered received on the following business day. For all entries made using the Service, the time recorded by the Service controls the system. If your Bill Pay Account does not have sufficient funds to make a payment as of the date the transfer or payment is attempted or scheduled to be made, the transfer or payment will be canceled and no further attempt will be made by the bank to make the transfer or payment. We will attempt to notify you by e-mail or US Postal Mail, but we shall have no obligation or liability if we do not complete a transfer or payment because there are insufficient funds in your account to process a transaction. In all cases, you are responsible for either making alternative arrangements for the payment or rescheduling the payment through the Service. In the case of fixed payments, only the payment currently scheduled will be canceled. Fixed payments scheduled for future dates will not be affected. You are responsible for, and agree to reimburse us for, all insufficient funds and related service fees and charges. CHANGING OR CANCELING INSTRUCTIONS THROUGH THE SERVICE; YOUR RIGHT TO STOP PAYMENT AND YOUR RIGHT TO RECEIVE NOTICE OF VARYING AMOUNTS: If you have told us in advance to make regular payments out of your Account using Bill Payment, you can cancel, change or stop any of these payments in accordance with the following. You may cancel or change any Bill Payment or transfer instructions you have given us using the Service by entering and transmitting additional instructions through the Service. Payments must be changed or canceled using the Service Prior to 12:00 pm Central Standard Time on the business day the payment or transfer is scheduled to be made (the payment date), regardless of the due date of the payment to the payee. Alternatively, you can call us at 816.452.1100, 9:00 am to 5:00 pm Monday through Thursday or 9:00 am to 6:00 pm Friday (business days), or write to us at: Great American BankIn time for us to receive your request three business days or more before the payment or transfer is scheduled to be made (the payment date). If you call, we may also require you to put your request in writing within 14 days after you call. Once the Service has started processing a payment or transfer, the payment or transfer cannot be changed or cancelled through the Service, and you must submit a stop payment request in the manner provided in your Deposit Account Agreement Contract. If you ask us to cancel a payment or transfer after it is issued and we agree to do so, we may charge you a stop payment fee. However, once an electronic payment has been initiated by the Service, it cannot be stopped. If you order us to stop one of these payments within the applicable time frame indicated above or in your Deposit Account Agreement Contract, and we do not do so, we will be liable for your losses and damages caused by our failure except as otherwise limited in this Agreement or your other Agreements with us. If your regular payments vary in amount, the person you are going to pay should tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this to notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.) ONLINE CASH MANAGEMENT: Online Cash Management is the online banking service available to business customers. This service allows business customers to track money better by allowing account inquiry, transferring funds and bill payment. Commercial customers will assign different activity levels to the Access ID. The terms that apply to the Online Cash Management Service are set forth more fully in the separate Cash Management Agreement. You agree to the terms of the Cash Management Agreement as it may be amended from time to time. ELECTRONIC MAIL & NOTICES: If you send the bank an electronic mail message using "Contact Us" link on our web site, you may assume that we have received it by the following business day. The bank will have a reasonable time to act on your e-mail You should not rely on electronic mail if you need to communicate with us immediately - for example, if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur. Except as otherwise required by law, you agree that the bank may respond to you or notify you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make or notifying you of changes to this Agreement. Any such electronic mail sent to you by the bank shall be considered received within three (3) days of the date sent to you by the bank, regardless of whether or not you open the electronic mail or sign onto the Service within that time frame. We will provide Regulation E and other required disclosures in the manner permitted by law or regulation. If any of your accounts has more than one co-owner, notice to any co-owner will be considered effective notice to all. You agree to notify us promptly in writing of any address change, including regular mail and electronic mail addresses. You must use our Change Form, which can be obtained from any person in the bank's lobby or the teller line. Complete, sign and return the Change Form to us either in person or to the following address: Great American BankHOURS OF OPERATION: Online Services are available 24 hours a day, seven days a week, except during maintenance periods and for limited unscheduled outages. For purposes of transactions, the bank's business days are Monday through Friday, except holidays. All Online Banking transaction requests received after 12:00 pm on business days and all transactions which are requested on the weekends or holidays, on which we are closed, will be processed on the bank's next business day. The bank's business day begins at 9:00 am. MODIFICATIONS TO THIS AGREEMENT: The bank may modify the terms and conditions applicable to any Service from time to time by notifying you in the manner provided in the Agreement or as allowed by law. Revised terms and conditions are effective at the earliest date allowed by law or, if there is no regulatory requirement, on the date designated in the revised terms and conditions or in our notice to you. We reserve the right to revise or terminate Online Banking, this Agreement, and your use of the Services, in whole or in part, at any time, without prior notice. ERRORS AND QUESTIONS: In case of errors or questions regarding an Online Banking or Bill Payment transaction, telephone us at 816.452.1100, 9:00am to 5:00pm, Monday through Friday (business days), or write to us at the following address: Great American Bankas soon as you can, if you think your statement is wrong or you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. When you notify us:
If your complaint or question involves an electronic funds transfer initiated at a place outside the United States or occurs during the first 30 days the account is open, we may take up to 90 days to investigate. If we decide that there was no error, we will send you a written explanation within three business days after we finish the investigation. You may ask for copies of the documents that were used in the investigation. STATEMENTS: You will continue to receive your regular account statement either monthly or quarterly, depending on the type of 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, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
If any of the circumstances listed in subparagraph 4 or 10 above shall occur, we will assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that you may not have been completed or to correct incorrect transactions that have been processed. DISCLOSURE OF INFORMATION TO THIRD PARTIES: We will disclose information to third parties about your account or the transfers you make:
INACTIVITY; TERMINATION: You are responsible for complying with all the terms of this Agreement and with the terms of the agreements governing the accounts which you access using electronic banking services. We can terminate your electronic banking privileges (including Bill Payment) under this Agreement without notice to you or if you do not pay any fee required by this Agreement when due or if you do not comply with the agreements governing your deposit or loan accounts or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason. We may also terminate the Service if we believe that an actual or potential unauthorized use of your Access ID, Password or account may be occurring. Great American Bank reserves the right to terminate your access to Online Banking or any portion of it in its sole discretion without notice and without limitation, except as required by law. If you are not paying a monthly service charge for any online service, we may convert your account to inactive status if you do not sign on to the service or have any transaction scheduled through the service during any consecutive 90 day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the service. To cancel the Online Banking and/or Bill Payment service, you must notify the bank and provide your name, address, whether you are discontinuing Online Banking, Bill Payment or both; and the effective date to stop the service. When Bill Payment is terminated, any prescheduled bill payments made through Online Banking will also be terminated. Your final charge for the Bill Payment service will be assessed at the end of your statement cycle. You may notify us by one of the following methods:
The consumer protection provisions of the federal Electronic Funds Transfer Act and the Federal Reserve Board's Regulation E, and certain other federally regulated consumer disclosures, apply only to electronic funds transfers or transactions involving consumer accounts established primarily for personal, family, or household purposes. If your account is owned by an entity other than a natural person or was established primarily for business, commercial, or agricultural purposes, then any online banking electronic fund transfer or other transaction will be considered an "authorized use," notwithstanding standardized disclosures we may provide you. WARRANTY; DISCLAIMERS: We make no representation that these Services are or will be uninterrupted or error-free. Our sole obligation to you for no availability or interruption of Services is to use commercially reasonable efforts to resume the Service. THIS IS OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES ARISING FROM OR RELATING TO ONLINE BANKING, EXCEPT TO THE EXTENT STATED IN THIS AGREEMENT OR REQUIRED BY LAW. WE MAKE NO WARRANTIES TO YOU REGARDING ONLINE BANKING, AND WE DISCLAIM ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OR MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE). You are responsible for how you use your computer and how you use the Services. We take no responsibility for any viruses you encounter using the Service. We encourage you to routinely scan your PC and diskettes using any reliable virus protection product to detect and remove any viruses found. Left undetected or not repaired, a virus may corrupt and destroy your programs, files and even your hardware. ASSIGNMENT: You may not assign this Agreement to any person or entity. WAIVERS: Our delay or omission in responding, or exercising any of our rights or remedies, shall not operate as a waiver unless we send you a written waiver signed by us. In addition, any waiver by us shall not be considered to continue, and shall apply to the one instance only, unless our written waiver specifically states otherwise. GOVERNING LAW: This Agreement is governed by, and shall be construed in accordance with, the laws of the State of Missouri and applicable federal law.
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