ONLINE BANKING TERMS AND CONDITIONS
Welcome to Osgood State Bank Online Banking. Your use of Online Banking is subject to all terms and conditions contained in this online Agreement (the “Agreement”). Please read the Agreement carefully before proceeding. When you use Online Banking you agree to the terms and conditions of the entire Agreement.
GENERAL TERMS AND CONDITIONS
Throughout this Agreement, the words “you” and “your” refer to every person who is listed on our records as an owner of the Account who has enrolled in Online Banking. “We”, “us” and “our” mean Osgood State Bank. “Authorized Use” means you or any other person who either (i) is actually authorized by you to use Online Banking on your behalf; (ii) accesses Online Banking using your online password, whether or not such person has actual authority to do so. “Account” means your primary checking account or other account designated by you. “Business Day” means Monday through Friday, except for legal holidays. “Transaction” means any transaction requested using Online Banking, including requests for transfers between your accounts and Bill Payment requests. “Site” means our internet website.
Terms of Agreement:
You agree to the rules in this Agreement every time your password is used to access Online Banking. Your use of Online Banking may also be affected by the agreements between us for your linked Osgood State Bank accounts. When you link an account to Online Banking you do not change the agreements you already have with us for that account, (for example – loans, money market accounts). You should review those agreements for limitations on the number of transactions you can make and for other restrictions that might impact your use of an account with Online Banking.
Electronic Funds Transfer Act:
This Agreement applies to personal accounts and certain business accounts, unless an exception is noted. Personal accounts may be subject to the Electronic Funds Transfer Act (“EFTA”), some personal accounts will be governed both by the rules of the EFTA and this Agreement. If the EFTA applies to the account and there is a conflict between the rules of the EFTA and this Agreement, EFTA’s provisions will control. Please see the Electronic Fund Transfers section of the Customer Agreement for special rules applicable to personal accounts.
Online Banking Available Services:
The following types of services are available any time, day or night, 7 days per week:
Access history on your accounts for a period up to 6 months
Check account balances
Transfer funds electronically between your linked accounts
View images of paid checks
Initiate Stop Payments for checks
Obtain information about Bank products and services
Additional services include:
Initiate electronic bill payments through Bill Pay services
Expedited Bill Pay
Estatements or paperless statements
Additional terms and conditions for these services require acceptance prior to activation.
Transfers can be made in two ways, one-time and recurring. One-time transfers are used when transfers occur on an infrequent or irregular basis, or which vary in amount. One-time transfers can be scheduled as immediate or future dated. You may use the recurring transfer feature when you transfer a set amount at regular intervals, for example from your checking to your savings account. One-time and recurring transfers may be made from your linked Osgood State Bank personal or business checking, savings, Money Market accounts, loans and line of credits. Your ability to transfer funds between certain accounts is limited by federal law, as described in the Customer Agreement. For example, Transfers from a Money Market Account to another account or to third parties by preauthorized, automatic, computer transfer or by check, draft or similar order to third parties are limited to six per statement cycle. Transfers and bill payments made using Online Banking are counted against the permissible number of transfers, as are the other transfer methods described in the Customer Agreement. The completion of a transfer is subject to the availability of sufficient funds at the time of final processing. If you do not have enough available funds, your transfer request will be declined. Please refer to the applicable account agreement and fee schedule for details. Transfers you submit are immediately reflected in your balances for that account. Transfer request from and to a loan account are subject to review and approval from the Osgood State Bank’s loan processing department prior to posting. Transfers entered before the cut-off time of 7:00pm (EST) on a bank business day are processed on that bank business day. Transfers entered after the cut-off time or on a non-bank business day are processed on the next bank business day.
Online Banking Bill Payment Processing:
Please refer to the Bill Payment Terms and Conditions, available through the Bill Payment Service Menu.
Stop payment request for written checks can be place through the Online Banking Stop Payments menu. Stop payment request for electronic transactions are not available through Online Banking, except through messages. Please contact Osgood State Bank to place a stop payment on electronic transactions by either calling a branch or submitting a message through Online Banking. If you have given us a stop payment order verbally, that stop payment order will be released 14 days from the day we received it unless you complete the Stop Payment Order form before that date. Stop Payment Order forms can be completed and signed at any of our branches. You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. Because stop payment orders are handled by computers for the Online Banking application, to be effective, your stop payment order must precisely identify the number, date and amount of the item, and the payee. You may stop payment on any item drawn on your account whether you sign the item or not, if you have an equal or greater right to withdraw from this account than the person who signed the item. Generally, your stop payment order is effective for six (6) months. Your order will lapse after that time if you do not renew the order in writing before the end of the six-month period. We are not obligated to notify you when a stop payment order expires. A release of the stop payment request may be made only by the person who initiated the stop payment order. Please refer to the applicable account agreement and fee schedule for details.
Changes in Service Charges and Terms:
We reserve the right to change the terms described in this Agreement. When changes are made to any service charges, or other material terms we will update this Agreement and if required by law send a notice to you at the address shown on our records. For changes involving additional service charges for online transactions, limits on the type, amount or frequency of transactions, or any increase in your responsibility for unauthorized transactions, such notice will be posted or sent at least thirty (30) days in advance of the effective date of any change, unless immediate change is necessary to maintain the security of the system. If such an immediate change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change, as required by law. You may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse service charges in individual situations. Changes to service charges applicable to specific accounts are governed by applicable account disclosures. We also reserve the right to terminate this Site, make access unavailable, and change the Site content, with or without reasonable notice at any time.
We strive to provide complete, accurate and timely account information through Online Banking. All information is either generated by us or obtained from sources believed by us to be accurate and reliable as of the date posted to the Site. However, because of the possibility of human and mechanical error, delayed updates, as well as other factors such as the difficulty of securing a web site from unauthorized alterations or the occurrence of a system breakdown or other unavailability, neither we nor any of our affiliates provide any representations or warranties regarding the Site or any information in it, and we will not be liable to you if any such information is unavailable, delayed or inaccurate. THE SITE AND ALL INFORMATION IS PROVIDED “AS IS” AND WITH ALL FAULTS, AND WE MAKE NO REPRESENTATIONS AND DISCLAIM ALL IMPLIED WARRANTIES OF EVERY KIND, INCLUDING WARRANTIES OR ANY DUTIES (IF ANY) AS TO ACCURACY, TIMELINESS, AND COMPLETENESS SUITABILITY, AVAILABILITY, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE, OR LACK OF NEGILIGENCE OR VIRUSES. We do not provide any warranty against infringement or of quiet enjoyment, and make no other express warranties. With respect to electronic funds transfer problems, such as unauthorized transfers or our failure to properly complete authorized transfers, the extent of our liability is described in this Agreement and in the Electronic Funds Transfer section of the Customer Agreement.
Computer Virus Information:
It is possible to contract a computer virus by using the Internet or materials downloaded from it. We attempt to keep our Site virus free, but we cannot assure you that the Site and any software or other information downloaded will be virus free. We are not responsible for any electronic virus related problems that may be associated with the use of Online Banking.
Your Computer and Software:
To access your accounts through Osgood State Bank’s Online Banking, you must have an Osgood State Bank account bank account and complete an Online Banking Application. In addition, you will need a personal computer, Internet Service through the provider of your choice, and a compatible web browser with 128-bit data encryption. You are responsible for the installation, maintenance and operation of your computer and your browser software. You assume all risk of error, failure, or non-performance, including the risk that you do not operate your computer or your software properly. We are not responsible for any errors or failures from any malfunction of your computer or your software. We have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your computer or your software. We are not responsible for limitations of functionality when your browser software or other software is not compatible with Online Banking. WE MAKE NO WARRANTY TO YOU REGARDING YOUR COMPUTER OR YOUR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
E-mail transmissions are not secure. We recommend that you do not send us or ask for sensitive information via any general or public e-mail system. You must not use Online Banking e-mail function for communication that is time sensitive, such as stop payments, making fund transfers, reporting lost or stolen debit or credit cards or checks, or reporting an error on your account. If you send us a message using e-mail, we will receive it by the following business day. You agree we may take a reasonable period of time to act on any message. You agree that the Bank may respond to you by e-mail with regard to any non-confidential matter related to Online Banking services. Any message we send you shall be considered received within three (3) days of the date sent, regardless of whether you check your e-mail messages within that time frame.
Account Statements and Error Resolutions:
All transactions completed on Online Banking will appear on your periodic account statement. Please refer to the Customer Agreement provided to you at the time your account was established for rules applicable to account statements. If you think your statement is incorrect or if you need more information regarding a transaction, please see the Error Resolution Notice in the Customer Agreement.
Online Banking may be unavailable at certain times when computer systems require maintenance or upgrades, unforeseen maintenance is necessary, or major events occur, such as earthquakes, fires, floods, computer failures, interruptions in telephone service, or electrical outages. We will make all reasonable efforts to ensure the availability of Online Banking. However, we are in no way liable for the unavailability of all or any portion of Online Banking.
Termination of Online Banking:
We reserve the right to terminate your use of Online Banking at any time and for any reason. If you should wish to cancel Online Banking, you must cancel all future bill payments and transfers using Online Banking at the time you cancel your enrollment. We will not be liable for any payments or transfers made consistent with a request that you have not cancelled. If you do not access your accounts via Online Banking for any six (6) month period, the Bank reserves the right to disconnect your service without notice.
Notify us immediately if you believe another person has obtained your Online Banking Identification or Password. Also notify us if someone has transferred or may transfer money from your deposit account without your permission or if you suspect any fraudulent activity on your account. To notify us, call an Online Banking Representative at 419-582-2681. Representatives are available between 8:30 a.m. and 4:30 p.m. (EST) Monday- Thursday, 8:30 am and 6:00pm Friday, and 8:30am to 12:00pm Saturday. You may also write to us at:
Osgood State Bank
275 W Main St
PO Box 69
Osgood, OH 45351
Additionally, you may also email us at email@example.com. However, electronic mail (e-mail) transmissions are not secure. We therefore, request that you do not send us or ask for sensitive information, etc. via any general form of e-mail system.
Your role is extremely important in the prevention of any wrongful use of your account. You must promptly examine your statement upon receipt. If you think your statement is wrong or if you need additional information about a transaction, please see the Error Resolution Notice in the Customer Agreement. You are responsible for keeping your password and ID confidential. Use of your password will be considered the same as your written signature in authorizing us to complete any transaction you may request. We are acting on any instructions we receive under your password, and you assume all risk resulting from any such access. In addition to protecting your Online Banking ID, password and other account information, you should take precautions to protect personal identification, such as your driver’s license, Social Security Number and the like. This information by itself or together with information on your account may allow unauthorized access to your account(s). It is your responsibility to protect personal information with the same level of care that you protect your account information. We will exercise good faith and reasonable care in processing your transactions. You will similarly exercise good faith and reasonable care in observing and maintaining security procedures, in communicating with us and in reviewing your account statements for any errors or discrepancies. For further information, please see our Security Statement.
You will be assigned an Online Banking log in identification and an initial password. You will be required to change this password the first time you sign on. You will also be asked to complete a series of challenge questions and an Out of Band verification, which you’ll have the option to receive. Please follow the requirements for setting your password. We encourage you to modify your password on a regular basis and recommend that you do not use your telephone number, birth date or any easily guessed password. You are authorizing OSB to act on instructions received under your Online Banking ID and password. You are responsible for keeping your accounts number(s) and other account data confidential at all times.
LIMITATION OF LIABILITY
Limitation of Liability for Loss:
To the fullest extent allowed by law, you agree neither we nor any of our affiliates will be liable to you or any third party for any loss, property damage, bodily injury, any consequential or incidental damages (including limited to lost profits or lost opportunity), or any other indirect, special, or punitive damages whatsoever, (i) that arise out of or are related to the Site or any use of the Site or the information contained within it, (ii) resulting from any failure to complete any transactions, or (iii) resulting from the installation, use or maintenance of any equipment, software, Internet browser or access software, even if we have been advised of the possibility of such damages. This inclusion of damages includes damages claimed in any cause of action, including but not limited to legal or equitable proceedings and claims relating to contract, tort or products liability.
You agree that your recovery for any damages that you incur shall be limited, at our election, to: (i) a refund of any amount (if any) you paid for information from the Site, or (ii) correction or replacement of the information. Any failure or unconscionability of that or any other remedy does not affect the enforceability of the limitations on and exclusions of consequential, incidental and other damages described in the preceding paragraph.
Notwithstanding, and without limitation, we will have no liability whatsoever if:
Through no fault of ours, you do not have enough money in your account to make a transfer or Bill Payment;
A transfer or Bill Payment would cause your balance to go over the credit limit on your credit lines;
Online Banking was not accessible or otherwise not working properly and the breakdown should have been apparent to you when you attempted to request a transaction;
Circumstances beyond our control (such as fire, flood or improper transmission or handling of payments by a third party, including the post office) prevent a transfer or payment, despite reasonable precautions we have taken;
The funds are subject to legal process or other encumbrance restricting transfer;
The account is closed or frozen to transactions;
You, or anyone you allow, commits any fraud or violates any law or regulation;
Any electronic terminal, telecommunication device or any part of the electronic funds transfer system is not working properly;
You have not properly followed our instructions and the Payee’s instruction on how to make a transaction or if you provide us with wrong, incomplete or inaccurate information electronically, orally or in any written materials completed by you in connection with Online Banking.
The payment date you requested does not allow sufficient time for the payee to credit your account properly, or if you requested a payment of less than the full amount due to the payee; or
We have completed any transaction requested by an authorized user.
There may be other exceptions contained in other agreements with us that govern your account.
Except as otherwise provided by law, you will be liable for any loss or damage resulting from your breach of this Agreement or to which your negligence contributed, or which resulted from unauthorized, fraudulent, or dishonest acts by others (others than us). Such liability includes instances when someone effects one or more transactions to your detriment. You are liable for all payments that you make or which are made or requested by an Authorized User, even if such Authorized User exceeds your authority and even if such Authorized User is not an authorized signer on your account.
OTHER TERMS AND CONDITIONS
Waivers and Severability:
We may delay exercising our rights without losing them. Any waiver or partial exercise of one right is not a waiver of other rights or the same right at another time. If any provision of this Agreement, or its application to any person or set of circumstances is held invalid or unenforceable to any extent, the remainder of this Agreement, and the application to any other persons or set of circumstances is not impaired or otherwise affected.
Governing Law, Forum, and Limitation of Actions, Severability:
This Agreement is governed by the laws of the State of Ohio. You agree that a printed or electronic version of these terms and conditions (as changed from time to time) will be admissible in any judicial or administrative proceedings to the same extent as paper records. If you ever believe we have not adhered to this contract or are liable for any reason, please contact us immediately. If you feel compelled to bring a lawsuit or proceeding, you must do so within one (1) year of the date you have a right to sue. Any clause of this Agreement declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder.
Our Right to terminate this Agreement:
We reserve the right to terminate this Agreement and your access to Online Banking, in whole or in part at any time for any lawful reason.
You may not assign this Agreement or any portion hereof. We may assign this Agreement to our parent corporation or to any now-existing or future direct or indirect subsidiary of us or our parent corporation. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other parties.
How to Contact Us:
For all matters affecting this Agreement, you may call us at 419-582-2681, or contact us by mail at address 275 W Main St., PO Box 69, Osgood, OH 45351-0069.