Ultima Bank
Consumer Internet Banking
Agreement
NetBanc, Mobile Banking
& Related Services
September
30, 2009
Please
read carefully this Internet Banking Agreement (hereafter “Agreement”) for the
use of NetBanc and Related Services (hereafter “NetBanc”)
as provided by Ultima Bank Minnesota (hereafter “UBM”). This Agreement was revised September 30, 2009,
and includes disclaimers of liability and other matters of interest to NetBanc
users. By pressing the “I Agree” button, you agree to the terms and
conditions of this Agreement including your consent to future amendments of the
Agreement.
Your Use of NetBanc
UBM is a privately held, commercial bank,
chartered in
NetBanc, as used in this
Agreement, includes the following Internet based UBM products and services: NetBanc, eStatements of Imaged
Statements and Checks and electronic Bill
Payment. In this Agreement, we will use the term “NetBanc”
to refer to all of the above electronic services both individually and/or
collectively. Additional services may be available in the future that will be
automatically covered by this Agreement.
In addition to this
Agreement, UBM’s Privacy Policy and Online Security
Statement also
apply to your Accounts. We suggest that you review these items in order to
understand all of your relative rights and responsibilities in connection with
your use of NetBanc.
You understand that by
using NetBanc you have agreed to the terms and conditions of this
Agreement and that no signature by you is required on this Agreement. You agree
to use NetBanc solely as provided in this Agreement and the
applicable online instructions. When any transfer, payment or online service
generates items to be charged to your UBM Account, you agree that we may debit your Account without
requiring your signature on the item and without prior notice to you.
We may, from time to
time, introduce new NetBanc products. When this happens, we will
update the Website to include such product. By using any such NetBanc
product, you agree to be bound by the terms contained in this Agreement at that
time.
We may change the services
provided and the terms, including fees, set forth in this Agreement at any
time. You will be notified of any such change as required by applicable law,
either by mail or by an electronic message. You understand that by using NetBanc
after a change becomes effective, you have automatically agreed to it.
You agree to properly
maintain, to comply with the rules governing, and to pay any fees associated
with the use or maintenance of your UBM Accounts. Any issue relating to an Account or service with UBM or affiliate accessed through NetBanc
shall be governed by the law(s) specified in the agreement for that UBM Account or Service.
Your UBM deposit and loan
accounts can be linked together and accessed and viewed via NetBanc.
The Terms and Conditions of your Account Agreements and your Loan Agreements
will govern, except where it is noted in this Agreement. This Agreement will
control if there is a conflict with your other UBM agreements and this Agreement for NetBanc. In
addition, each UBM Account and your use of
NetBanc is subject to the following:
Account Access Via NetBanc
Through NetBanc,
you can access your UBM Accounts to check
balances, transfer funds, view transaction history, view check images, pay
bills and receive statements and other related documents electronically. To
access your UBM Accounts via NetBanc
you must have a valid Access ID and Password. You are solely responsible for
having the required hardware and software and for securing an Internet Service
Provider (“ISP”).
Subject to the terms of
this Agreement, you will generally be able to access your Accounts via NetBanc
at www.ultimabank.com seven days a week, 24 hours a day. A
transfer requested through NetBanc before the transfer cutoff
time on a business day will generally be posted to your account the same day.
All transfers requested after the posted transfer cutoff time on a business day
or on a day that is not a business day, will be posted on the next business
day. Every day is a business day except Saturdays, Sundays, and bank holidays.
At certain times, NetBanc
may not be available due to system maintenance or circumstances beyond our
control. During such times, you may use our TeleBanc service at
(218) 435-2301 (if local) or (877) 692-2659 (toll-free) or visit one of our
physical locations to obtain information about your UBM Accounts.
Password, Access ID
and Multifactor Authentication
You will be provided
with a Password and Access ID that will allow you access to NetBanc.
During your first logon session, you will be required to change your Password.
Thereafter, your NetBanc Password can be changed online at any time. Note that
your Password is “case sensitive” and must be at least 8 to a maximum of
17 characters. We recommend it should be composed of alpha (both capital and
small letters), numeric and special characters. We highly recommend that you change your Password regularly.
We are entitled to act
on instructions received under your Password. For security purposes, we
recommend that you memorize the Password and do not write it down. You are
responsible for keeping your Password and Access ID confidential.
We use Multifactor
Authentication as a means to let you know that you are dealing with our true
and trusted website, and to let us know that we are dealing with you. By a creating a shared image, passphrase and
questions, UBM has increased the security for its online login process.
You can communicate with
us via e-mail at tech@ultimabank.com.
Unfortunately, there could be times when we may not receive your electronic
message immediately. No action will be
taken on any electronic message you send to us until we actually receive your
message and have a reasonable opportunity to respond. You cannot use e-mail to
make a bill payment, account balance inquiry or funds transfer. Also, you
cannot use e-mail to cancel a transfer, loan payment or bill payment. Never
send us your NetBanc Access ID or Password or other sensitive UBM Account information via e-mail. If you need immediate assistance, please
call Online Support at (218) 435-2265 ext 102 (if local)
or (800) 421-2588 (toll free) ext 102.
All
of your daily transactions, payments, and funds transfers can be displayed on
your Account statement(s) via NetBanc. You can also access and
export such transaction data from either your current or previous statement
into your money manager software. You generally have up to one statement cycle after the last
day of your previous statement (or 30 days after your previous statement is
prepared) to export the information.
Account
Access Via Mobile Banking
You may
also access your UBM accounts via our Mobile
Banking. To enroll, simply log on to
the NetBanc system and go to the Options tab.
You will be asked to provide your cellular phone number, cellular
provider and to create a PIN number for your future Mobile access. We will then send you a text message with a
one-time password embedded in a link for your Mobile Banking access. We use multifactor authentication to allow
access to our Mobile Banking service.
To log in to view your UBM Accounts, you will first want to retrieve a text message and click on
the link. When prompted, you will be
asked to enter your NetBanc Access ID and your newly created PIN number. Upon successful login, you will be
immediately sent a new one-time password text for your next login.
Our Responsibilities:
1)
We
will use our best efforts to make this service available for your use on a
continuous basis, however, access to the Mobile banking service may be
interrupted because of conditions beyond our control, to include Internet
outages.
2)
We
reserve the right at all times to take actions to protect our system and
information, including denial of access to users.
3)
We
will use commercially reasonable efforts to secure the service to prevent
access by unauthorized persons and/or the introduction of any malicious
code.
Your Responsibilities:
1)
We ask
that you take precautions when using our Mobile Banking Service. Do not tell anyone your Access ID or PIN
Number. Never leave your phone unlocked
and unattended. Delete one-time
password text messages once they have been used. Notify UBM if you feel that your access has
been compromised in any way or if your phone has been stolen or if your
cellular phone number has changed. You
can contact us at (218) 435-2265 ext 102 or (800) 421-2588 ext 102 or by email at
tech@ultimabank.com.
2)
You
agree to comply with all applicable laws, rules and regulations in connection
with Mobile Banking. We make no
representation that the content or use of Mobile Banking is available for use
in locations outside of the United States.
Access from locations outside of the United States is at your own risk
and your responsibility for compliance with local laws.
3)
There
is no charge to access UBM’s Mobile Banking, however, the
charges for your mobile device, text messages and web access are solely your
responsibility. If at any time you
would like to discontinue your Mobile Banking access with UBM, please contact us at (218) 435-2265 ext 102 or (800)
421-2588 ext 102 or by email at tech@ultimabank.com.
For more information on the screens and a demonstration of the functions
of UBM’s Mobile Banking, visit our website
at www.ultimabank.com and view our Mobile Banking
Education.
UBM’S
ONLINE “PERSONAL” BANKING SERVICES
Through the use of NetBanc,
you can obtain account balance information, review transaction history, view
checks that have been paid from your Accounts, pay bills and transfer funds
electronically among your UBM Accounts. In some instances, balances and transaction history may
only reflect activity conducted through the close of the previous business day.
Your UBM Accounts will be linked first by portfolio and secondly by individual
owners authorized to access said UBM Accounts. Each owner will be able to access, view and conduct transactions
in all of the authorized UBM Accounts.
Our business days (“Business Days”)
are Monday through Friday, except bank holidays. Although transfers and bill
payments are processed by UBM on business days only, you can
initiate a transfer or payment through NetBanc 24 hours a day,
seven days a week.
ELECTRONIC PAYMENT SERVICE
Through NetBanc,
you are allowed to make certain payments electronically. You can arrange for
the payment of your current, future and recurring bills from your UBM Checking or Savings Account. Accounts that
require two or more signatures or authorizations to withdraw or transfer funds
will require the use of our business oriented online banking service called ExecuBanc.
There is no limit to the
number of payments that may be authorized from UBM Checking Accounts. However,
only one payment may be sent to each payee on the same day. A Payee can be
either a Business Payee or a Non-business Payee. You may not pay alimony, child support, taxes or other
governmental fees or court-directed payments or make payments to anyone outside
the
In addition to your
Payee names and addresses, you will need to enter your Payee account number for
each Business Payee (name, address and account number together are “Payee
Information”) to ensure your payments are properly credited to your Payee
account. Please note that your Business Payee may require that payments be sent
to a specific address; this mailing address may be different than other
addresses that appear on your invoice or billing statement. You may need to
contact the Business Payee to obtain their payment mailing address.
Payee information is
retained by NetBanc and can be retrieved by you at any time.
Additions, deletions, and changes to Payee information can be made at any time
from your personal computer, subject to the timing requirements noted in the
Stop or Change Instructions section below. Such Payee information is used solely
for the purpose of processing payments from your UBM Accounts and is subject to UBM’s Privacy Policy as
described in the Disclosure of Information section of this Agreement. The date
the payment is to be sent by us, whether electronically or by check, is called
the "Date Check is to be Issued". When we receive a payment
instruction (for the current or a future date), we will make payment to the
payee on your behalf from the funds in your UBM Account on the Date Check is to be Issued.
IMPORTANT:
The “Date Check is to be Issued” is NOT when the payment is due. Be sure to
read the instructions on the NetBanc “Add Payment” web page for handling
information.
We will not be obligated
to make a payment unless your UBM Account and/or linked overdraft protection plan has sufficient funds or credit availability to pay the bill
on the Date Check is to be Issued. Funds for ALL bill payments (whether we make
these payments electronically or by check) will be withdrawn from your UBM Account on the Date the Check is to be
Issued.
There will be a delay
between the Date Check is to be Issued (i.e., the date we send your payment)
and the date your Payee receives that payment. Any payments made via NetBanc
will require sufficient time for your Payee to receive your payment and credit
your payment properly. To avoid incurring finance or other charges, you must
schedule your payment sufficiently in advance of the due date. When you
schedule payments, YOU MUST SCHEDULE RECURRING PAYMENTS AT LEAST FIVE (5) FULL
BUSINESS DAYS PRIOR TO THE DATE THE PAYMENT IS DUE. INITIAL PAYMENTS SHOULD BE
ISSUED AT LEAST SEVEN (7) FULL BUSINESS DAYS PRIOR TO YOUR PAYEE’S DUE DATE
You have the right to
stop or change any one-time bill payment. However, you must cancel the payment
by no later than 3:00 PM (Central Time), at least one (1) business day prior to
the day the payment is to be issued by calling Online Support at
(218) 435-2265 ext 102 or (800)
421-2588 ext 102. You can also stop a recurring payment by calling us four (4)
business days or more before the date the check is to be issued.
If we do not transfer or
otherwise issue a payment from your Account, as requested by you in accordance
with the terms and conditions of this Agreement and/or in accordance with the NetBanc
on-line instructions; or in the amount requested by you in accordance with the
terms and conditions of this Agreement and/or the NetBanc on-line
instructions, we will reimburse you for any late payment fees or penalties that
you are charged in connection with such occurrence, up to a maximum of $50 for
each such occurrence.
However, we will not
reimburse you if:
UBM
Accounts Accessible by More Than One Person
If your NetBanc
Account is owned by more than one person or is accessible by one or more
authorized representatives, each such owner or authorized representative may
individually access those UBM Accounts via NetBanc.
Each owner or authorized representative will need a unique Access ID and
Password. The terms of this Agreement will apply to each such person.
ELECTRONIC FUND TRANSFERS
NetBanc enables you to transfer funds electronically to or from
your UBM Accounts. The
Electronic Funds Transfer Act provides you with certain rights and
responsibilities with respect to certain of these transfers, commonly referred
to as an Electronic Funds Transfer (hereafter “EFT”). Such rights
and responsibilities are fully described in our Electronic Funds Transfer
Disclosure that has been separately provided to you. You can also click
here on EFT
Disclosure for online access.
Your liability for an
unauthorized EFT or a series of related unauthorized EFT’s from your UBM Account will be determined as follows:
1. If you notify us within
two business days after learning of the loss or theft of your Access ID or your
Password, your liability will not exceed $50 or the amount of unauthorized
EFT’s that occur before notice to us, whichever is less.
2. If you fail to notify us
within two business days after learning of the loss or theft of your Access ID
or your Password, your liability will not exceed the lesser of $500 or the sum
of:
·
$50 or the amount of unauthorized EFT’s that occur within the two
business days, whichever is less; and
·
the amount of unauthorized EFT’s that occur after the close of two
business days and before notice to us, provided we establish that these EFT’s
would not have occurred had you notified us within that two-day period.
3. You must report an
unauthorized EFT that appears on a periodic statement within 60 days of our
transmittal of the statement to avoid liability for subsequent transfers. If
you fail to do so, your liability will not exceed the amount of the
unauthorized EFT’s that occur after the close of the 60 days and before notice
to us, and that we establish would not have occurred had you notified us within
the 60-day period. You may, as applicable, also be liable for the amounts
described in the immediately preceding sections 1 or 2 above
4. If your delay in
notifying us was due to extenuating circumstances, we will extend the times
specified in the immediately preceding paragraphs 1, 2 or 3 above to a
reasonable period.
5.
You may notify us in person, by telephone at (218) 435-2265 ext
102 or (800) 421-2588 ext 102, in writing to Ultima Bank Minnesota PO Box 299 Fosston, MN 56542 or
electronic mail to tech@ultimabank.com.
Call
our Online Support Immediately at (218) 435-2265
ext 102 (if local) or (800) 421-2588 ext 102 (toll-free) if you believe your
Access ID or your Password has been lost or stolen, or if you believe someone
has transferred or may transfer money from your UBM Account(s) without your permission, or if you
suspect any fraudulent activity on your UBM Account.
OUR LIABILITY
Our liability to you is
limited to the extent stated in any other Account and/or Loan Agreements,
notices, and disclosures that are separately provided to you from time to time
regarding your UBM Accounts and/or this
Agreement. This section explains the complete extent of our liability to you to
the extent that it has not been separately disclosed to you by any of these
agreements, notices, or disclosures.
Neither UBM, nor any of its
Directors, Employees or Agents makes any representations or warranties of any
kind regarding the performance or quality of the services set forth in this
agreement or the results that may be obtained from using such services. UBM specifically disclaims
any express or implied warranties, including, without limitation, warranties of
fitness for a particular purpose, warranties of merchantability or warranties
against infringement.
Neither UBM, nor any of its
Directors, Employees or Agents shall be liable for any damages or losses,
including, without limitation, direct, indirect, consequential, special,
incidental or punitive damages, resulting from or caused by the use, or
attempted use, of the services set forth in this agreement, or its content,
including, without limitation, losses related to: your use, or inability to use
the services set forth in this agreement; any errors, omissions or defects in
any content; any interruptions or delays in transmission to the services set
forth in this agreement; or computer viruses received by you as a result of
your use of the services set forth in this agreement. In any event, any liability of UBM, its Employees, Agents,
Content Providers and Licensors shall not exceed those amounts specifically
provided for in this agreement.
Further,
we will not be obligated to honor, in whole or in part, any transaction or instruction
which:
Except
to the extent of UBM’s
liability pursuant to the terms of this Agreement or any other agreement or
notice that otherwise governs your UBM
Account, you agree to indemnify and hold us, our directors, officers, employees
and agents harmless from any and all loss, liability, claims, demands,
judgments and expenses (including attorney’s fees) arising out of, or in any
way connected with, your use or misuse of NetBanc. You, or your
authorized representatives provide this indemnification without regard to
whether or not our claim for indemnification is due to the use of NetBanc.
GENERAL PROVISIONS
Unless otherwise
required by applicable law, UBM may terminate or reinstate this Agreement and/or your access to NetBanc,
in whole or in part, at our discretion, at any time. If reinstated, the then
current terms of this Agreement will control. You may request reinstatement of NetBanc
by calling our Online Support at (218) 435-2265 ext 102 (if
local) or (800) 421-2588 ext 102 (toll-free).
We may assign our rights
and delegate our duties under this Agreement to a company affiliated with us or
to any other party. We may also assign or delegate certain of our rights and
responsibilities under this Agreement to independent contractors or other third
parties.
Unless otherwise
required by applicable law, in the event that we are required to provide a
notice or other communication to you in writing, that notice or other
communication may be sent to you electronically to your email address as
reflected in our then current records.
The circumstances under
which we will disclose information about you or your UBM Accounts, has been separately disclosed
to you in our Privacy
Policy and in other disclosures which have been provided directly to you.
Our Privacy Policy may change from time to time and is always available on-line
and in paper form at our banking locations
Authorization to Obtain Information
You agree that we may
obtain and review your credit report from a credit bureau. You also agree that
we may obtain information regarding your Payee accounts in order to facilitate
proper handling and crediting of your payments.
The NetBanc
service is solely
offered to citizens and residents of the
Any action at law, suit
in equity or other judicial proceeding for the enforcement of this Agreement or
any provision thereof shall be instituted only in the courts of
If we are served with any notice of
lien, attachment, levy, garnishment or other legal process relating to you or
your UBM Account, we are authorized without
notice to you or any joint Account Holder, except where required by law, to
withhold the withdrawal or payment of so much of the funds in your UBM Account that may be the subject of such notice or legal
process. We may disburse such amount out of your Account to a court or to such
persons as applicable state or federal law either requires or permits because of
such powers. We have no liability to you for such withholding or disbursements
or for refusal by us to permit withdrawals or payment against your UBM Account because of a court order or other legal process
including the return by us of items presented against your UBM Account as unpaid that otherwise would be paid. Any lien,
attachment, levy, or garnishment against your UBM Account is subject to our right of set-off as provided in
the Agreement unless prohibited by law. You agree to pay our costs and expenses
for complying with such legal process, including legal costs and attorneys’
fees, costs of research and copying and administrative fees.
You and we agree that all disputes,
claims and controversies between us, whether individual or joint in nature,
arising from this Agreement shall be arbitrated pursuant to the Rules of the
American Arbitration Association in effect at the time the claim is filed. No
act to take or dispose of any property shall constitute a waiver of this
arbitration agreement or be prohibited by this arbitration agreement. This
includes without limitation, obtaining injunctive relief or a temporary
restraining orders. Judgment upon any award rendered by any arbitrator may be
entered in any court having jurisdiction located in Polk County Minnesota.
Nothing in this Agreement shall preclude any party from seeking equitable
relief from a court of competent jurisdiction. The statute of limitations,
which would otherwise be applicable in an action brought by a party, shall be applicable
in any arbitration proceeding, and the commencement of an arbitration
proceeding shall be deemed the commencement of an action for these purposes.
The Federal Arbitration Act shall apply to the construction, interpretation and
enforcement of this arbitration provision.
This Agreement will be governed by,
construed and enforced in accordance with federal law and the laws of the State
of
FEES
Reference the specific UBM Account being accessed via NetBanc
for the terms and fees associated with the use of NetBanc.
You will be responsible
for any telephone charges that you incur and any fees charged by your Internet Service
Provider when you use NetBanc.