OLD MISSOURI BANK

“BANKWISE ONLINE” ACCESS AGREEMENT

 This Old Missouri Bank Access Agreement (“Access Agreement”) for accessing your Old Missouri Bank accounts through BankWiseOnline explains the terms and conditions governing the online banking services and bill pay offered through BankWiseOnline.  By using OMB online services, you agree to the terms and conditions of this access agreement.  This access Agreement will be governed by and interpreted in accordance with Federal law and regulation, and to the extent there is no applicable Federal law or regulation, by the laws of the State of Missouri.  The terms “we,” “us,” “our,” “OMB” and “Bank” refer to Old Missouri Bank.  “You” refers to each signer on an account.  The term “business days” means Monday through Friday, excluding Saturdays, Sunday and Federal holidays.  BankWiseOnline can be used to access Old Missouri Bank accounts.  The applicable account disclosure statement (“Deposit Agreement and Disclosure”) also governs each of your accounts at Old Missouri Bank.

I.     ACCESSING YOUR OMB ACCOUNTS THROUGH BANKWISEONLINE

 

A.     Requirements    To access your accounts through BankWiseOnline, you must have an OMB account, access to internet service and an e-mail address.  Once you have accepted this Access Agreement and we have verified your account information, we will send you, by mail or e-mail confirmation of our acceptance of your enrollment, and, for your security, we will mail your assigned login ID and temporary password.  BankWiseOnline can be used to access only your OMB accounts.

 

B.     Electronic Mail (E-MAIL)   Sending electronic mail (e-mail) through the BankWiseOnline link is a way to communicate with us.  E-mail is provided for you to ask questions about your account(s) and provide general feedback.  E-mail is accessible after you sign on with your password to a session of BankWiseOnline.  To ensure the security of your account information, we recommend that you use e-mail when asking specific questions about your account(s).  However, specific account information such as your account number or password should not be included in the e-mail.  You can not use e-mail to initiate transactions on your account(s).  For banking transactions, please use the appropriate functions within BankWiseOnline or call 417-869-9000.

 

C.     Fees There are no monthly or transaction fees for accessing your account(s) through BankWiseOnline.   Please note that your online service provider may assess fees for their services.  See Section III (E) for a description of Bill Pay fees.

 

D.    New Services    We may, from time to time, introduce new online services.  We will notify you of any new services.  By using these services when they become available, you agree to be bound by the rules communicated to you concerning these services.

II.   TERMS AND CONDITIONS:

The first time you access your accounts through BankWiseOnline you agree to be bound by all the terms and conditions of this Agreement and acknowledge your receipt and understanding of this disclosure.

 

A.  Your BankWiseOnline Password    You will be given a BankWiseOnline Password that will give you access to your accounts. The first time you login to BankWiseOnline you are required to change your password. For security, we require that you create a password that utilizes both alpha and numeric characters. You will be required to change your password regularly.  It is recommended that your password not be associated with any commonly known personal identification, such as social security number, address, date of birth, names of children, and that you memorize this password rather that write it down. This password can be changed within BankWiseOnline using the “Options” button.

  

You are responsible for keeping your password, account numbers and other account data confidential. We will act on instructions received under your password. We undertake no obligation to monitor transactions through BankWiseOnline to determine that they are made on behalf of the accountholder.

 

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.

 

B.   Payment Account    Although there are no fees for accessing your accounts through BankWiseOnline, you may be asked to designate a payment account for selected services such as the Bill Pay service. You agree to pay promptly all fees and charges for services provided under this Agreement, and authorize us to charge the account that you have designated as the payment account or any other account for the fees. If you close the payment account, you must notify us and identify a new payment account for the selected services. Additionally, if you close all Old Missouri Bank accounts, you must notify Old Missouri Bank Customer Service to cancel the BankWiseOnline services. Your BankWiseOnline access may be canceled at any time without prior notice due to insufficient funds in one of your accounts.

 

After cancellation, BankWiseOnline services may be reinstated once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to reinstate your services, you must go through the enrollment process again.  If you do not access your accounts through BankWiseOnline for any six month period, we reserve the right to discontinue your service without notice. Please note that your bill payment information will be lost if you are discontinued.

 

You agree to be responsible for any telephone charges incurred by accessing your accounts through BankWiseOnline. If you wish to cancel any of the BankWiseOnline services offered through BankWiseOnline, please contact Old Missouri Bank Customer Service at 417-869-9000 or send us cancellation instructions in writing to Old Missouri Bank, 3570 S. National, Springfield, MO 65807.

 

C.   Our Liability    Except as specifically provided in this Agreement or where the law requires different standards, you agree that neither Old Missouri Bank nor the service providers shall be responsible for loss, property damage or bodily injury, whether caused by the equipment, software, Old Missouri Bank, or by Internet access providers, or online service providers or by an agent or subcontractor of any of the foregoing, nor shall Old Missouri Bank or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the online services, or the Internet or access thereof.

 

If we do not complete a transfer to or from your account, including a bill payment, 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:

 

1.    If, through no fault of ours, you do not have enough available funds in you account to make a transfer.

2.    If a legal order directs us to prohibit withdrawals from the account.

3.    If your account is closed, or if it has been frozen.

4.    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.

5.    If you, or anyone authorized by you, commits any fraud or violates any law or regulation.

6.    If any electronic terminal, telecommunication device, or any part of the BankWiseOnline electronic fund transfer system is not working properly and you knew about the problem when you started the transfer.

7.    If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.

8.    If you have not properly followed the on-screen instructions for using BankWiseOnline.

9.    If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communications lines) prevent the transfer, despite reasonable precautions that we have taken.

 

D.   Overdrafts: Order of Payments, Transfers, And Other Withdrawals    If your account has insufficient funds to perform all electronic funds transfers (ATM withdrawals, MasterMoney debit card transactions, pre-authorized transactions, BankWiseOnline transfers and bill payments, etc.) that you have requested for a given business day, then:

 

1.     Certain electronic funds transfers involving currency disbursement, like ATM withdrawals, will have priority, and

2.     The electronic funds transfers initiated through BankWiseOnline may result in an overdraft of your account or, at our discretion, we may cancel the transfer

 

In addition, you will be charged the same charges that apply to your account.

 

E.   Hours of Accessibility    You can access your accounts through BankWiseOnline seven days a week, 24 hours a day. However, at certain times, some or all of BankWiseOnline may not be available due to system maintenance. You will be notified online when this occurs. Our business days are Monday through Friday. Saturday, Sunday and Federal holidays are not included as a business day.

 

F.   Additional Terms and Conditions    Obtaining Account Balance and Transaction History - You can obtain balance and transaction history on all eligible accounts. Current balance and activity information is available as the transactions are posted to your account.

 

Transferring Funds - The number of transfers from a savings account is limited as described in the applicable Deposit Agreement and Disclosure. 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.

 

III.  WISEPAY BILL PAY SERVICE

BankWiseOnline customers who choose to enroll for WisePay Online Bill Payment Service will be required to accept the terms of a separate agreement presented upon enrollment.

 

IV.  GENERAL TERMS

 

A.   Changes to Charges, Fees or Other Terms    We reserve the right to change the charges, fees or other terms described in this Agreement. However, when changes are made to any fees or charges, we will notify you online, or send a notice to you at the address shown on our records, or send you an electronic mail message (E-mail). The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees for online transactions, or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a 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 always, 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 charges or fees in individual situations. The applicable Deposit Agreement and Disclosure govern changes to fees applicable to specific accounts.

 

B.   Disclosure of Account Information    You understand that in addition to information furnished pursuant to legal process, some information about your accounts may automatically be disclosed to others. For example, the tax laws require disclosure to the government of the amount of the interest you earn, and some transactions, such as certain large currency and foreign transactions, must be reported to the government. The Bank may also provide information about your account(s) to persons or companies the Bank believes would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, the Bank routinely informs a credit bureau when accounts are closed by the Bank because they were not handled properly. The Bank may also seek information about you from others, such as a credit bureau, in connection with the opening or maintaining of your account. You authorize these transfers of information.

 

C.  Questions or Error Correction on BankWiseOnline Transactions    In case of questions or errors about BankWiseOnline funds transfers through BankWiseOnline involving your account, here is what you should do:

·         Contact us by electronic mail (E-mail)

·         Fax us at 417-655-0440

·         Telephone us at 417-869-9000

·         Write Old Missouri Bank at 3570 S. National, Springfield, MO 65807;

as soon as you can if you think your statement or transaction record is wrong, or if you need more information about a transaction listed on the statement or transaction record.

 

We must hear from you no later than sixty (60) days after we have sent the first paper statement on which the problem or error appeared. If you notify us verbally, we may require that you send us your complaint or question in writing within ten (10) business days.

 

Tell us your name and account number.

 

Describe the error or the transaction you are unsure about, and explain why you believe it is in error or why you need more information.

 

Tell us the dollar amount of the suspected error.

 

For a bill payment, tell us the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, reference number, and payee account number for the payment in question.

 

Here's what we will do:

We will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale purchases, after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale, to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days, or twenty (20) business days in the case of point of sale, 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 ten (10) business days, we will not credit your account. If we determine that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation and debit the amount of the error that we previously credited. You may request copies of the documents that we used in our investigation.

 

D.    Other General Terms

 

Other Agreements - In addition to this Agreement you agree to be bound by and will comply with the requirements of the applicable Deposit Agreement and Disclosure, the Bank's rules and regulations, the rules and regulations of any funds transfer system to which the Bank belongs, and applicable State and Federal laws and regulations. We agree to be bound by them also. We reserve the right to terminate this Agreement and your access to BankWiseOnline, in whole or in part, at any time without prior notice.

 

E.   Amendment and Termination   The Bank has the right to change this Agreement at any time by notice posted on the BankWiseOnline website, notice mailed to you at the last address shown for the Account on the Bank's records, by posting notice in branches of the Bank, or as otherwise permitted by law.

 

The Bank has the right to terminate this Agreement at any time.  You may terminate this Agreement by written notice to the Bank.  The Bank is not responsible for any fixed payment made before the Bank has a reasonable opportunity to act on your termination notice.  You remain obligated for any payments made by the Bank on your behalf.

 

V.   PROTECTING YOUR ACCOUNT

 

A.   Preventing Misuse of Your Account    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 find that your records and ours disagree, you must immediately call Old Missouri Bank Customer Service at 417-869-9000.

 

Protecting Personal Information - In addition to protecting your account information, you should also take precautions to protect your personal identification information, such as your driver's license, Social Security Number, etc. This information by itself or together with information on your account may allow unauthorized access to your accounts. It is your responsibility to protect personal information with the same level of care that you protect your account information.

 

Taking Care of Your BankWiseOnline Password - The password that is used to gain access to BankWiseOnline should also be kept confidential. For your protection we recommend that you change your password regularly. It is recommended that you memorize this password and do not write it down. You are responsible for keeping your password, account numbers and other account data confidential. If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, notify Old Missouri Bank Customer Service at once at 417-869-9000.

 

B.   Unauthorized Transactions in Your Old Missouri Bank Accounts    Notify us immediately if you believe another person has improperly obtained your BankWiseOnline password. Also notify us if someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. Only reveal your account number to a legitimate entity for a purpose you authorize (such as your insurance company for automatic payments). To notify us, call Old Missouri Bank Customer Service at 417-869-9000, or write Old Missouri Bank, 3570 S. National, Springfield, MO 65807.

 

If your BankWiseOnline password has been compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your BankWiseOnline password without your permission to access an Old Missouri Bank deposit account. If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500.  Also, if your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us immediately. If you do not notify us within sixty (60) days after the paper statement was mailed to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days. If extenuating circumstances, such as a long trip or hospital stay, kept you from telling us, this time will be extended.

 

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