ONLINE BANKING TERMS OF SERVICE
Effective Date July 1, 2015. Please read these Terms of Service (Terms) carefully. By accessing the Online Banking service, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use Online Banking. These Terms contain disclaimers and other provisions that limit our liability to you.
I. GENERAL TERMS
"We," "our," and "us" refers to The Fidelity State Bank and Trust Company, Dodge City, Kansas. "You" and "your" refers to any individual registering for, accessing, or attempting to register for or access the Online Banking service with us.
The following Terms establish the rules governing your electronic access to your accounts at Fidelity State Bank and Trust Company, Dodge City, Kansas via our Online Banking system at fidelitybankdc.com ("Online Banking"). By using Online Banking, you agree to and accept all the terms and conditions contained herein. You should read these provisions carefully before using Online Banking.
B. These Terms Supplement Your Existing Agreements with Us
These Terms supplement the terms and conditions of the applicable deposit account agreement(s), loan agreement(s) (including promissory notes, mortgages, security instruments, and other legal documents), and other agreements and disclosures that we have provided or made available to you. Unless these Terms expressly state otherwise, all terms and conditions set forth in the applicable deposit account agreements, loan agreements, and other agreements and disclosures continue to apply to you in full force and effect. Certain provisions in these Terms apply only to accounts established primarily for personal, family, or household use ("consumer account").
C. Compliance with Law
You consent and agree to refrain from using Online Banking to conduct any activity that violates any laws of the State of Kansas or the United States. You understand that it is your responsibility to use Online Banking in compliance with any and all export laws of the United States, including those laws governing the export of products and information containing encryption technology.
We provide Online Banking for use solely within the United States. If you choose to access Online Banking from locations outside of the United States, you understand and acknowledge that you do so at your own risk and that you are solely responsible for compliance with any laws of the United States or applicable local laws.
Notwithstanding the ownership of otherwise eligible accounts, Online Banking is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use Online Banking under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
F. Contacting Us
For any matter related to Online Banking, you may contact us in any of the following ways:
Online Banking support is available Monday through Friday (except Federal holidays) from 9:00 a.m. to 4:00 p.m. Central Time (CT).
II. ENROLLING IN ONLINE BANKING
A. Eligibility for Online Banking
You must have a deposit or loan account with us to use Online Banking and you must be at least 13 years of age to complete registration. If you are a consumer, you may use Online Banking to access any deposit account on which you are an owner, joint owner, or authorized signer or any loan account on which you are the primary obligor. If you are a business or other legal entity, you may access any deposit account established under your taxpayer identification number or any loan account on which you are the primary obligor. We reserve the right to limit the types of accounts that you may access, and we may restrict your access to certain accounts for any reason and at our sole discretion.
B. Technology Requirements
You are solely responsible for maintaining your computing hardware and software in good working order with the necessary compatibility and format to communicate with Online Banking. You are also responsible to install, run, and regularly update a virus protection program and operating system and software patches on your computer hardware. You understand and agree that you are solely responsible for, and we have no responsibility for, any computer viruses, malware, computer or other device inoperability or failure, or similar problems experienced through your use of the Internet or Online Banking.
You are solely responsible for any costs and fees associated with your access of the Internet and Online Banking, such as ISP fees and hardware and software costs. At this time, we do not charge any additional fees for accessing Online Banking, but your use of the Online Banking service to conduct transactions may result in charges as set forth in our deposit agreements.
License agreements for Online Banking features shall either be embedded in the Online Banking software or separately provided. You agree to comply with all applicable software license agreements, whether or not executed by you. You have no rights to or ownership in any software provided by or through us and you will not transfer, copy, alter, modify, reverse engineer, reproduce, or convey in any manner, in whole or part, such software.
C. Enrollment Process
You may enroll for Online Banking by visiting fidelitybankdc.com and completing the "Online Banking Registration" form. Once we have received your Online Banking Registration and verified your account information, we will send you an email confirmation of our acceptance of your registration. We will only initially register accounts that you identify in your Online Banking Registration. You can add or delete any of your eligible accounts from Online Banking by contacting us using any method listed in the "Contacting Us" section of these Terms.
D. E-Sign Disclosure
You understand that by enrolling in Online Banking, you affirmatively consent and agree to the electronic delivery of all agreements relating to any all software and services delivered through Online Banking, including these Terms (Service Agreements). We may amend, supplement, or change Service Agreements at any time by posting the Service Agreements in Online Banking or emailing you, unless applicable law requires otherwise. You may request a paper copy of Service Agreements, subject to our standard research fee, by contacting us using any method listed in the "Contacting Us" section of these Terms.
By consenting to receive Service Agreements electronically, you agree and understand that you are responsible for ensuring that your email address(es) on file with us are accurate and you agree to promptly notify us of any change in your designated email address(es) by updating your profile within Online Banking or by contacting us using any method listed in the "Contacting Us" section of these Terms. For your protection and for security purposes, we will not accept any change of email address notices via email. You agree that we may rely on the email address(es) on file with us, and that your failure to provide us with your current email address is a lack of ordinary care on your part.
You have the right to withdraw your consent to electronic delivery of Service Agreements by terminating your use of the Online Banking system. You understand that withdrawing your consent will not in any way affect the enforceability, legal effect, or validity of any Service Agreements made available to you prior to implementation of the withdrawal of your consent.
III. ONLINE BANKING SECURITY
Your user identifier, password, and any and all other authentication procedures required or used by the Bank and described in this section constitute your "Credentials". You agree that the Bank may add or modify its authentication procedures at any time and for any reason. When you register for Online Banking, you will select a user identifier and password for accessing the Online Banking Service. Your self-selected user identifier and password must meet certain requirements that we will make available to you during registration.
To provide additional security for your account(s), you will also be required to complete multifactor authentication from time to time. In connection with this authentication procedure, we will transmit to you a one-time passcode by voice message, text message, or email. We will not request your Credentials or any other personal identifying information in connection with the authentication procedure. You must have a telephone number in the United States (Phone Code: 1) for multifactor authentication via voice message or text message.
Your Credentials are intended to provide security against unauthorized entry and access to your account(s). You understand and agree that you are solely responsible for the confidentiality and security of your Credentials. You understand and agree that your password should be changed periodically and should not be associated with any commonly known personal identifying information, such as your Social Security number, address, date of birth, or names of children. We strongly recommend that your memorize your user identifier and password rather than write them down.
You agree that we have no control over, and will not be liable for any unauthorized or authorized access by, any person with access to your computing device or your Credentials once in your possession. You understand and agree that we are authorized to act on instructions received under your Credentials, whether or not such instructions are made by you. YOU AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY US FROM AND AGAINST ANY AND ALL CLAIMS OF ANY NATURE ARISING OUT OF ANY INSTRUCTIONS RECEIVED FROM ANY PERSON YOU HAVE AUTHORIZED, PERMITTED, OR ENABLED TO HAVE ACCESS TO YOUR ACCOUNTS THROUGH ONLINE BANKING.
B. Encryption of Data
With the exception of certain data that may be transferred upon your activation of Text Banking, data transferred through Online Banking is encrypted in an effort to provide transmission security. Notwithstanding our efforts to secure Online Banking, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others.
C. Consumer Liability for Unauthorized Electronic Funds Transfers
Federal law provides consumer protections for unauthorized electronic funds transfers. If you have a deposit account primarily used for personal, family, or household use, and you notify us within two business days after learning of the loss or theft of your Credentials, your liability will not exceed $50. If you fail to notify us within two business days after learning of the loss or theft of your Credentials, your liability cannot exceed $500.
You must report an unauthorized electronic fund transfer 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, you may be liable for unauthorized transfers that occur after the close of the 60 days and before you notify us when we establish the transfers would not have occurred had you notified us within the 60-day period.
Contact us AT ONCE at 1-620-227-8586 or at our Bookkeeping Department, 510 N Second Ave, Dodge City KS 67801 (Monday-Friday except for Federal holidays) if you believe your Credentials have been lost, stolen, used without your authorization or otherwise compromised or if someone has accessed your accounts without your permission.
Important additional information regarding electronic funds transfers is available in your Deposit Account Agreement under the heading entitled "Electronic Funds Transfers."
D. Internet Scams
You are aware of and recognize that there are various types of Internet-based and/or email based scams, such as "phishing" or "spoofing," in which a third-party email, web site, or link purports to be from us when in fact that is not the case. Many of these scams attempt to collect your personal and private information so that perpetrators can commit bank fraud, credit card fraud, or other forms of identity theft and fraud.
Before using the Internet, and periodically thereafter, you should analyze the risks of internet activity and consider ways to mitigate these risks. You should always sign in to Online Banking by typing fidelitybankdc.com directly into your browser's address bar. You understand and agree that we DO NOT and WILL NOT send you emails or text messages requesting that you respond with your Credentials, PIN numbers, complete account number(s), Social Security number, or other private or personal information.
E. Email Communications from You
You acknowledge and agree that email services may not be encrypted and, accordingly, you will never include your private or confidential personal information in an email to us. Due to the inability to verify identity via email, we are under no obligation to process instructions received via email.
Our security measures may result in the blocking, filtering, or non-delivery of a legitimate email. You agree that delivery and receipt of email is not guaranteed and there may be a significant delay in response from us. You agree to refrain from using email for time sensitive or otherwise important communications to us. We will not be liable for losses or damages arising from non-delivery, delayed delivery, or wrong delivery of an email; arising from inaccurate or incorrect content in an email from you; or resulting from or in connection with your disclosure of your private or confidential personal information through an email.
You agree to defend, hold harmless, and indemnify us if we act with ordinary due care and in good faith in responding to any email purported to be sent by you. Our use of our normal security procedures for maintaining confidentiality and security of information will fulfill our obligations to exercise due care.
IV. ONLINE BANKING SERVICES
A. Hours of Access
Online Banking is accessible 24 hours a day, seven days a week, although some or all Online Banking services may not be available occasionally due to emergency or scheduled system maintenance.
B. Fees and Charges
At this time, there is no monthly fee to use Online Banking. However, your transactions on Online Banking may result in a fee or charge as set forth in your deposit account agreement. For example, you could incur a monthly fee if a transfer requested in Online Banking reduced your balance below the levels required in your account agreement or you could incur a transaction fee if a transfer is above the number of debits or credits processed at no charge per monthly statement cycle for your account type.
C. Types of Transfers
You may transfer funds from checking or savings account in an amount not in excess of the available funds in the account. Your deposit account agreement sets forth any limits on the number of transfers from and the amounts which may be transferred from your deposit account.
You cannot transfer funds to or from a time deposit account through Online Banking. You agree that, without further notice to you, we may disregard any instruction from you debit or credit a time deposit account through Online Banking.
You may transfer funds from a deposit account to make a periodic loan payment. You may not receive loan proceeds or loan advances through Online Banking. You agree that, without further notice to you, we may disregard any instruction from you to disburse loan proceeds or loan advances through Online Banking without further notice to you.
If there are not sufficient funds available in your account on the scheduled date of a transfer, we may either refuse to act on your instructions or we may process the transfer and overdraw the Account. In either event, you are responsible for any non-sufficient funds (NSF) or overdraft charges that may apply as a result of your funds transfer instruction.
E. Processing of Transfers
We will process a funds transfer on the same business day as your order if we receive your order on or before 3:00 p.m. Central Time Zone (CT). If we receive your order after 3:00 p.m. CT, we will process the funds transfer on the next business day. If you schedule a fund transfer for a future date, we will process the transfer after 3:00 p.m. CT on that future date, if that future date is a business day. If the future date is not a business day, we will process the funds transfer after 3:00 p.m. on the first business day following the specified future date. Transfers will be reflected on your periodic statement(s).
We will exercise ordinary care in processing your transfers. Our sole responsibility for an error in a transfer will be to correct the error, but under no circumstances and under no legal theory, tort, contract, or otherwise, will we be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character. Under no circumstances will we be liable for any claim by any third party.
F. Account History
You may use the Online Banking to review the transaction history on your account(s), including review of recently cleared check items. Transaction histories and check item histories are provided for your convenience only and you should still maintain copies of your periodic statements for record-keeping purposes.
You may export your available transaction history in comma-separated values (CSV) format or open financial exchange (OFX) format. We will assist you with questions regarding export of information from Online Banking, but questions regarding further use of the data in third-party software must be directed to the applicable software vendor.
G. Online Statements
You may enroll in delivery of your periodic statements, notices, and disclosures through Online Banking (Online Statements). In addition to the terms set forth in this section, Online Statements is subject to additional terms and conditions made available at the time of enrollment in the service. You should review these additional terms and conditions carefully before consenting to Online Statements.
You understand that when your periodic statement, disclosure, or notice is ready to be viewed through Online Banking, we will send an email notification to your primary designated email address. You are solely responsible for downloading and archiving all statements and other information received electronically. You may request a paper copy of a periodic statement, disclosure, or notice subject to our standard Fee Schedule.
You may withdraw your consent to electronic delivery of Online Statements at any time by contacting us using any method listed in the "Contacting Us" section of these Terms. Please provide at least five business days for processing. You acknowledge that Online Statements provided through Online Banking before we have processed your order will no longer be accessible to you following termination of the service, and you are solely responsible for archiving all Online Statements delivered to you prior to your withdrawal of consent. After your consent is withdrawn, you will receive periodic statements, disclosures, and notices in paper form.
If you are a consumer, you may receive an electronic statement for any deposit account on which you are an owner or joint owner. If you are a business or other entity, you may receive electronic statements for any deposit account established under your taxpayer identification number. We reserve the right to limit the accounts for which you may receive online statement delivery for any reason and at our sole discretion.
If you are a joint owner on an account, you understand that only one of the owners will receive an electronic statement and by registering for online statement delivery you warrant and represent to us the following: (1) that all owners of the account have authorized to you enroll in online statement delivery; (2) that the other owners are aware the electronic statement delivery to you will be the sole delivery method for the account; and (3) that all owners agree that notice to you is effective as notice to all.
H. Text Banking
You may enroll in Text Banking to receive account information on demand via short message service ("text messages") on your mobile phone. To use Text Banking, you must have an active Online Banking account and you must activate your mobile phone number through Online Banking.
In addition to the terms set forth in this section, Text Banking is subject to additional terms and conditions made available at the time of enrollment in the service. You should review these additional terms and conditions carefully before enrolling.
If you activate text banking, you expressly authorize us to transmit or send to you information concerning your account(s) including, without limitation, specific dollars amounts, balance and payee information, a truncated version of your account number(s), and account transaction information. YOU UNDERSTAND THAT THIS INFORMATION MAY BE TRANSMITTED WITHOUT ENCRYPTION, MAY BE CONVERTED INTO AN EMAIL MESSAGE BY YOUR ISP OR CELLULAR PROVIDER, AND MAY BE TRANSMITTED OVER UNSECURE NETWORKS.
You understand and acknowledge that we will never transmit or send your Credentials, complete account number(s), Social Security number, or complete card number or PIN in any text message or email to your mobile device, and we will never ask you to send or transmit to us any text message or email containing your Credentials, complete account number(s), Social Security number, or complete card number or PIN.
I. Interrupted Sessions
If your Online Banking session is interrupted for any reason, you agree to sign back into Online Banking to determine if any pending transactions were processed. If you cannot reestablish a connection, or if you cannot determine the status of any previously entered transaction, contact us using any method listed in the "Contacting Us" section of these Terms. To avoid a duplicate transaction, do not reissue a transaction after the interrupted session unless we tell you to do so.
J. Your Right to Terminate
You may cancel your access to Online Banking at any time by contacting us using any method listed in the "Contacting Us" section of these Terms. Your access will be cancelled no later than five business days from receipt of your instructions to cancel or, in cases of purported fraud or unauthorized transfers, as soon as reasonably practicable. You will be responsible for all outstanding fees, charges, and other obligations incurred prior to the actual cancellation. You are also responsible to maintain sufficient funds in your account(s) to cover any outstanding items originated through Online Banking. If you have enrolled in online statements, access to the electronic versions of the statements will terminate upon cancellation of Online Banking.
K. Our Right to Terminate
We may terminate or limit your access to Online Banking for any of the following reasons:
V. DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION
A. Disclaimer of Warranty
We and our service providers do not and cannot warrant that Online Banking will operate without errors, or that any or all Online Banking services will be available and operational continuously and without interruption at all times. WE AND OUR SERVICE PROVIDERS PROVIDE ONLINE BANKING "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM THE COURSE OF PERFORMANCE, DEALING, CUSTOM, OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE PURPOSE), AND NON-INFRINGEMENT. YOU UNDERSTAND THAT THE LAWS OF SOME STATES DO NOT PERMIT THE WAIVER OR EXCLUSION OF CERTAIN WARRANTIES, AND ONLY THE EXCLUSIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND WE LIMIT ALL REMAINING WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION.
B. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION, YOU AGREE THAT THE FIDELITY STATE BANK AND TRUST COMPANY, DODGE CITY, KANSAS (BANK) AND EACH OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES UNDER OR BY REASON OF ANY SERVICES, EQUIPMENT, OR PRODUCTS PROVIDED UNDER OR IN RELATION TO THESE TERMS OR BY YOUR USE OF OR ACCESS TO ONLINE BANKING, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR BASED ON A WARRANTY. FURTHERMORE, IN NO EVENT WILL THE LIABILITY OF THE BANK EXCEED THE AMOUNT OF YOUR ACTUAL LOSSES OR DAMAGES INCURRED BY YOU IN RELATION TO THE SERVICES PROVIDED UNDER THESE TERMS. YOU UNDERSTAND THAT THE LAWS OF SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND ONLY THE EXCLUSIONS OR LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND WILL BE SO EXCLUDED OR LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE FIDELITY STATE BANK AND TRUST COMPANY, DODGE CITY, KANSAS (BANK) AND EACH OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR CONTRACTORS FROM AND AGAINST ALL CLAIMS, SUITS, CAUSES, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES) OF ANY SORT BY THIRD PARTIES OR OTHERS ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF ANY SERVICES, EQUIPMENT, OR PRODUCTS PROVIDED UNDER OR IN RELATION TO ONLINE BANKING, INCLUDING WITHOUT LIMITATION ANY CLAIM ALLEGING FACTS THAT IF TRUE WOULD: (I) CONSTITUTE A BREACH BY YOU OF THESE TERMS; (II) CONSTITUTE INFRINGEMENT, MISUSE, OR MISAPPROPRIATION OF INFORMATION, DATA, FILES, OR OTHER MATERIALS BY YOU; (III) CONSTITUTE FRAUD OR MALICIOUS CONDUCT BY YOU; (IV) CONSTITUTE A VIOLATION BY YOU OF ANY LAW OR RIGHTS OF A THIRD PARTY; (V) CONSTITUTE A CLAIM FOR WHICH YOU HAVE AGREED TO PROVIDE INDEMNIFICATION ELSEWHERE IN THESE TERMS OR IN ANOTHER AGREEMENT WITH THE BANK; OR (VI) CONSTITUTE A CLAIM OF DAMAGES FOR WHICH YOU HAVE AGREED THAT THE BANK IS NOT RESPONSIBLE ELSEWHERE IN THESE TERMS OR IN ANOTHER AGREEMENT WITH THE BANK.
VI. OTHER TERMS & CONDITIONS
A. Governing Law; Venue; Waiver of Jury Trial
These Terms will be governed by and construed in accordance with the laws of the State of Kansas, without reference to the principles of conflicts of law. You agree to accept service of legal process by certified mail. You and we consent to the exclusive personal jurisdiction of and venue in a court located in Ford County, Kansas, for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of these Terms. If your use of Online Banking is primarily for business purposes, you agree to waive trial by jury in any action brought with respect to these Terms.
B. Assignment and Delegation
You may not assign these Terms or delegate your rights and responsibilities under these Terms. We may assign these Terms or delegate any or all of our rights and responsibilities to any third party.
C. Entire Agreement
These Terms are the entire contract between you and us and supersede any previous discussions, proposals, or agreements, if any, between you and us with respect to the subject matter of these Terms. These Terms are binding upon and inure to the benefit of you and us, and your and our respective legal representatives, successors, and permitted assigns.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision will be stricken and the remainder of these Terms will not be impaired or otherwise affected and will continue to be valid and enforceable to the fullest extent permitted by law.
Any headings used in these Terms are for convenience and reference only and will not affect the construction or interpretation of these Terms.
No delay or omission by us in exercising any rights or remedies under these Terms will impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy by us will not preclude further exercise of that right or any other right or remedy. No waiver by us will be valid unless signed in writing by us and any waiver by us will not constitute a continuing waiver.
G. Third Party Content
From time to time, we may provide links to web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not control, endorse, or adopt any Third-Party Content and make no guarantee as to its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third-Party Content and we undertake no responsibility to update or review Third-Party Content. You agree to use Third-Party Content at your own risk.