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Online Banking Agreement
The first time you access your accounts through Online Banking, you agree to be bound by the terms and conditions of this Online Banking Agreement ("Agreement") and acknowledge its receipt and your understanding of its terms.
Introduction.
This Agreement explains the terms and conditions for accessing accounts and conducting transactions at Plaza Park Bank ("Institution", "we", "us" and "our") via our On-line Internet Banking site(s) ("Online Banking"). As used in this Agreement, the terms "you" and "your" refer to each person submitting an Online Banking Application.
Benefits of Online Banking.
Through Online Banking, you can manage eligible accounts from your home or office on a personal computer. Online Banking can be used to conduct any of the following "On-line Financial Services":
Obtain balances and transaction histories on all eligible accounts enrolled in Online Banking (All account balances and transaction histories reflect activity through the close of the previous banking day); Transfer money between eligible accounts (The number of transfers you can make from account is limited as described in the applicable account agreement. In addition, if a hold is placed on any funds deposited in an eligible account, you may not transfer the portion of funds being held until that hold expires); transfer money to pay Institution for overdraft protection, consumer loans, home equity loans, or certain other eligible loans; and pay bills to any merchant, financial institution or an individual with a U.S. address.
Institution may, from time to time, introduce new On-line Financial Services. By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.
Security & Protecting Your Account
We are strongly committed to protecting the security and confidentiality of our customers account information. We use several techniques to help secure our Online Banking service, including the following:
* You can only access Institution with certain browsers that have a high security standard.
* Your account numbers are never displayed in full - only the last 4 digits can be viewed.
* You must have a valid Online Banking Login ID and Password to logon.
* You must select a secret image and pass phrase
* You must answer challenge questions.
* If no action is taken for 15 minutes, you will be automatically logged off the Online
Banking service.
* Expiration of passwords every 90 days
Requirements.
To access On-line Financial Services you must have Windows: IE. 5.0 and higher, Netscape Navigator 4.76 and higher, Netscape Communicator 6.0, or a compatible web browser and 128 bit data encryption.
In addition to compatible software, you must have an Online Banking Login ID, a password and maintain one or more eligible accounts at our Institution.
Any account that requires two or more signatures to make withdrawals, transfers or other transactions is not eligible to make withdrawals, transfers or other transactions using the Online-Financial Services. A customer that has Power of Attorney for an account will not be allowed to access that account on-line.
On-line Password.
Your Password will give you access to Institution accounts via Online Banking. Institution is entitled to act on any instructions it receives using your Password. For security purposes, it is recommended that you memorize your Password and do not write it down. We also recommend that you change your Password regularly to try and avoid misappropriation by a third party. Your Password can be changed at our Online Banking site. You are responsible for keeping your Password and account data confidential. When you give someone your Password, you are authorizing that person to use Online Banking and On-line Financial Services. You are responsible for all transactions performed using your Password, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your Password will be charged against your account(s).
Accessing the Service.
When you complete your Online Banking enrollment form, you will be given a Login I.D. and Password. You will receive your Login I.D. in a mail confirmation and your password through an e-mail. You will use the Login I.D. and password to access both the Online Banking product and the Bill Pay product. You will be required to select an image and to create a pass phrase and answer a few short security questions.
Each time you access the Service, you will be asked to enter your Login I.D. verify your image and pass phrase, and proceed to enter your password. If you are using a new or different computer you will be required to register that computer by answering the security questions selected the first time you accessed the Service.
You can usually access On-line Financial Services seven (7) days a week, twenty-four (24) hours a day. However, at certain times, some or all of Online Banking or On-line Financial Services may not be available due to system maintenance or reasons beyond Institution's control. Institution does not warrant that Online Banking or On-line Financial Services will be available at all times. When available, you may use Plaza's Automated Teller, an automated teller machine ("ATM") or an Institution branch office to conduct your transactions. An On-line Financial Service transaction initiated prior to 3:00 PM (Central Time) on a banking day is posted to your account the same day. All transfers and payments completed after 3:00 PM (Central Time), or on a non-banking day, will be posted the following business day.
Restrictions.
You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the Online Banking or On-line Financial Services. You may not gain, or attempt to gain, access to any Online Banking and/or On-line Financial Service server, network or data not specifically permitted to you by Institution or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with Institution or its suppliers.
Fees and Charges
You are solely responsible for any telephone or internet service provider charges incurred when using the On-line Financial Services.
ELECTRONIC FUND TRANSFER - Your rights and responsibilities
Please refer to the Electronic Fund Transfers Disclosure Statement you received when you applied for Online Banking Service or to the disclosure in this agreement.
Online Banking Computer Transfers -Types of Transfers
You may access your account(s) by computer at www.plazaparkbank.com and using your Login ID, password, and internet access to:
* transfer funds from checking to checking
* transfer funds from checking to savings
* transfer funds from savings to checking
* transfer funds from savings to savings
* make payments from checking and savings to a Plaza Park Bank Credit Card
* make payments from checking and savings to loan accounts with us
* get information about:
-the account balance of checking accounts
-account history of checking accounts
-the account balance of savings accounts
-account history of savings accounts
-the account balance of Plaza Park Bank credit cards
-account history of Plaza Park Bank credit cards
-certificates of deposits
-loans
Bill Pay - types of transfers - You may access this service by computer at www.plazaparkbank.com and using your Login ID and password.
You may access this service to:
* make payments from your checking account(s) to pay bills online. All payments made after 2:00 P.M. will be processed the following business day.
(Some payments made by paper check will not be subject to these rules.)
Termination
* You may terminate the online banking account by written notice.
Limitations
Limitations on frequency of transfers. In addition to those limitations on transfers elsewhere described, if any, the following limitations apply to your Savings, Money Market accounts:
* Transfers to another account of yours or to a third party by means of a preauthorized, automatic, computer or telephone transfer are limited to six per month with no transfers by check, draft, debit card, or similar order to third parties. If you exceed the transfer limitations set forth above in any monthly period, your account may be subject to closure by the financial institution.
Documentation
Periodic statements.
You will get a monthly account statement from us for your checking accounts.
You will get a monthly statement for your savings accounts unless there are no transfers in a particular month. In any case you will get the statement at least quarterly.
Preauthorized Payments
* Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:
Call or write us at the telephone number or address listed in this agreement in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
We will charge you $20.00 for each stop payment order you give.
* Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Financial Institution�s Liability
Neither Institution nor its suppliers will be liable for any transaction if: (i) you do not have enough money in your account to complete the transaction; (ii) a legal order prohibits withdrawals from your account; (iii) your account is closed or has been frozen; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with Online Banking or On-line Financial Services; (vi) any electronic terminal, telecommunications device or part of the electronic fund transfer system is not working properly; (vii) you did not provide us with complete and correct payment or transfer information; (vii) you did not properly follow the instructions for use of Online Banking or On-line Financial Services; (ix) you knew that Online Banking and/or the On-line Financial Services were not operating properly at the time you initiated the transaction or payment; (x) there is postal delay; or (xi) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.
Confidentiality
We will disclose information to third parties about your account or the transfers you make:
(1) where it is necessary for completing transfers; or
(2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or
merchant; or
(3) in order to comply with government agency or court orders; or
(4) as explained in our Privacy Disclosure.
Unauthorized Transfers
(a) Consumer liability.
* Generally. Tell us at once if you believe your card and/or code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all of the money in your account (plus your maximum overdraft line of credit). We will be liable for all unauthorized transfers unless the unauthorized transfer was due to the loss or theft of your card and/or code. If due to the loss or theft of your card and/or code, and you notify us within 60 days of when the unauthorized transfer appears on the statement you can lose no more than $50 if someone used your card and/or code without permission.
If you do NOT notify us within 60 days after the unauthorized transfer appears on your statement, and we prove that we could have stopped someone from using your card and/or code without your permission if you had told us within 2 days of when you discover the loss or theft of your card and/or code, you could lose as much as $500.00 for unauthorized transfers that appear on the statement.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell 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 after the 60 days if we 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 a hospital stay) kept you from telling us, we will extend the time period.
* Additional Limit on Liability for VISA(R) card. Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen VISA card. This additional limit on liability does not apply to ATM transactions, or to transactions using your Personal Identification Number which are not processed by VISA.
(b) Contact in event of unauthorized transfer. If you believe that someone has transferred or may transfer money from your account without your permission, for example, by using the information from your check, call or write us at the telephone number or address listed in this disclosure.
Right to Bring Civil Action
You may bring a civil action against any person violating any provision of Minnesota Statutes � 47.69 (governing consumer privacy and unauthorized withdrawals).
If you prevail in such an action, you may recover the greater of your actual damages or $500. You may also be entitled to recover punitive damages, your court costs and reasonable attorney's fees.
Error Resolution Notice
In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed in this agreement, 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 the FIRST statement on which the problem or error appeared. When you report a problem or discrepancy, please:
(1) Tell us your name and account number (if any).
(2) 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.
(3) Tell us the dollar amount of the suspected error. (4) For a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. 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 (5 business days if the transfer involved a point-of-sale transaction and 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 (5 business days if the transfer involved a point-of-sale transaction and 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 complaint or question 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 3 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.
If you have inquiries regarding your account, please contact us at:
PLAZA PARK BANK
131 6TH AVE S
PO BOX 337
WAITE PARK, MN 56387-0337
Business Days: Monday through Friday
Excluding Federal Holidays
Phone: 320-252-4200
NOTICE OF YOUR FINANCIAL PRIVACY RIGHTS
We, our, and us, when used in this notice, mean Plaza Park Bank.
This is our privacy notice for our customers. When we use the words "you" and "your" we mean the following types of customers:
Our consumer customers who have a continuing relationship by purchasing or holding financial products or services such as a(n):
*Deposit account
*Loan account
*Credit card account
*Safe deposit box
*Retail installment contract we hold and service
*Self-directed Individual Retirement Account
We will tell you the sources of the information we collect about you. We will tell you what measures we take to secure that information.
We first define some terms.
Nonpublic personal information means information about you that we collect in connection with providing a financial product or service to you. Nonpublic personal information does not include information that is available from public sources, such as telephone directories or government records. Hereafter, we will use the term "information" to mean nonpublic personal information as defined in this section.
An affiliate is a company we own or control, a company that owns or controls us, or a company that is owned or controlled by the same company that owns or controls us. Ownership does not mean complete ownership, but means owning enough to have control.
A nonaffiliated third party is a person we do not employ or a company that is not an affiliate of ours. This is also known as nonaffiliated third party, or simply, an "other party."
The Information We Collect
We collect information about you from the following sources:
Information you give us on applications or other forms
Information about your transactions with us
Information about your transactions with other parties
Information from a consumer reporting agency
Information we receive as a result of verifying customer information
We use "cookies" as part of our interaction with your browser to track whether or not a visitor has seen the home page popup. They do not track personal data from the user - only for the user's current machine to know whether or not the machine has seen certain information previously, and to store certain user-specified preferences. Goldleaf Technologies, our web site servicer, only collects non-identifying information from visitors to our Web site, such as the date and time the site was accessed, what pages were visited, and the IP address from which the user came from.
Information We Disclose About You
We do NOT disclose any information about you to anyone, except as permitted by law. Examples of this might include disclosures necessary to service your account or prevent unauthorized transactions.
The Confidentiality, Security, And Integrity of your Information
We restrict access to information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards to protect this information.
Information About Former Customers
We do not disclose information about former customers, except as permitted by law.
Electronic Mail (E-mail).
Sending E-mail is a very good way to communicate with Institution regarding your accounts of the On-line Financial Services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail to Institution. You cannot use e-mail to initiate On-line Financial Service transactions. All such transactions must be initiated using the appropriate functions within the Online Banking site. Institution will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
Links to other Sites.
Information that Institution publishes on the World Wide Web may contain links to other sites and third parties may establish links to Institution's site. Institution makes no representations about any other web site that you may have access to, from or through this site. Unless expressly stated in writing, Institution does not endorse the products or services offered by any company or person linked to this site nor is Institution responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.
Virus Protection.
Institution is not responsible for any electronic virus that you may encounter using the On-line Fund Services. We encourage you to routinely scan your computer and diskettes using reliable virus protection product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.
Damages and Warranties.
In addition to the terms previously disclosed, Institution is not responsible for any losses, errors, injuries, expenses, claims, attorney's fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "Losses") caused by Online Banking or the use of the On-line Financial Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Institution or one of its suppliers. In addition, Institution disclaims any responsibility for any electronic virus(es) Customer may encounter after installation of such software or use of Online Banking or the On-line Financial Services. Without limiting the foregoing, neither Institution nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Institution and its suppliers provide Online Banking and the On-line Financial Services from their own sites and they make no representation or warranty that any information, material or functions included in Online Banking or the On-line Financial Services are appropriate for use by you in your jurisdiction. If you choose to use Online Banking and-or the On-line Financial Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Institution nor its suppliers warrant the adequacy, accuracy, or completeness of any information provided as a part of Online Banking, the On-line Financial Services, or contained in any third party sites linked to or from Institution's web site.
INSTITUTION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ONLINE BANKING, ON-LINE FINANCIAL SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH THE SAME. INSTITUTION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
Indemnification.
Customer shall indemnify, defend and hold harmless Institution and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer's negligence; (ii) Customer's failure to comply with applicable law; or (iii) Customer's failure to comply with the terms of this Agreement.
Additional Remedies.
Due to the likelihood of irreparable injury, Institution shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.
Termination and Changes in Terms.
Institution reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the address shown in our records; and/or 3) update of our web site.
Applicable Rules, Laws, and Regulations.
You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Minnesota, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Stearns County, Minnesota U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney�s fees, costs, and expenses.
Assignment.
Institution may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.
Integration.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are cancelled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Institution.
Severability.
If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Institution, this Agreement will control.
Waiver.
Institution shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Institution of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
Force Majeure.
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party's control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.
Construction.
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.
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