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Terms and Conditions
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Agreement & Disclosure
 


COMMERCIAL STATE BANK
INTERNET BANKING
AGREEMENT AND DISCLOSURE

This Internet Banking Agreement and Disclosure is between Commercial State Bank and the undersigned bank customer (Customer’s acceptance of this agreement by clicking on I Accept represents signature.) Commercial State Bank may be referred to as “bank”, “we”, or “us”. Customers may be referred to as “you” and “your.” This agreement discloses how you may use Internet Banking, what information you can obtain, and transactions you may make. This agreement contains the terms and conditions governing Commercial State Bank Internet Banking. If you want to enroll in Internet Banking you must agree to the terms and conditions stated in this agreement. If you do not agree to these terms and conditions click on I Decline.

Description of Internet Banking Services

Account Information
You can obtain the following information:

  •  Balance information on all types of accounts, loan payment amounts, payment due dates and certificates of deposit maturity dates

  •  Review transactions on your accounts for current and previous statement cycles

  •  Interest information on your interest-bearing deposit accounts and loan accounts

  •  Export your statement information into a personal financial management software

  •  Rental information on your safe deposit box

Funds Transfers
You may make the following types of funds transfers:

  •  Transfer funds from checking to checking

  •  Transfer funds from checking to savings

  •  Transfer funds from savings to savings

  •  Transfer funds from savings to checking

  •  Make payments from checking to loan accounts

  •  Make payments from savings to loan accounts

  •  You may make arrangements for one time, on demand transfers or loan payments or make scheduled transfers to occur in the future or on a recurring basis.

Transfers and payments made after 2:00 p.m. will not be credited until the next business day.

You will be provided a confirmation number with each transfer. Please write down this number when you receive it. It helps us resolve any questions you may have concerning your transactions.

Fees and Charges for Internet Banking Service:

Internet Banking is FREE to our customers.

Internet Banking Access ID and Password

To initially access Commercial State Bank Internet Banking you will use an Access ID and Password that our bank assigns to you. The first time you log in you will be required to change your Access ID and Password. Online instructions will explain Access ID and Password requirements. You will be able to change your password at any time if you feel security has been breached. You agree to keep your Commercial State Bank Internet Banking Access ID and Password confidential to prevent unauthorized access to your accounts and to prevent unauthorized use. For security purposes, we recommend you memorize your Access ID and Password. If you choose to write it down, store it in a secure place. If you violate this agreement and purposely disclose your Access ID and Password to allow others to access your accounts, you are fully responsible for any transactions they make on your accounts.

If you believe your password is lost or has been acquired by an unauthorized person, report it at once to Commercial State Bank at (605) 384-3646 or toll free at 1-800-669-4060. We reserve the right to block your access to Commercial State Bank Internet Banking services to maintain or restore security to our web site and systems, if we believe your password has been or may be obtained, is being used or may be used by an unauthorized person(s).

Duplicate Transactions

It is the customer’s responsibility to detect duplicate transactions. Commercial State Bank will pay all transactions initiated online by the customer unless there are insufficient funds or uncollected funds.

Holds

If a hold has been placed on deposits made to an account from which you want to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

You agree that you will instruct us to make a transfer only when a sufficient balance is or will be available in the designated account at the time of the transfer. You understand that we will not act on any transfer instruction from you if sufficient funds are not available in the account that you designated.

Your ability to make transfers from your savings accounts and money market accounts is restricted by Federal Reserve Board Regulation D. For each savings or money market account, the following limitations apply: You may make six (6) transfers from your account each four (4) week or similar period, if by preauthorized or automatic transfer, or telephone (including data transmission) agreement, order or instruction. Three (3) of these transfers may be made by check, draft, debit card or similar order (including POS transactions), made by the depositor and payable to third parties. Transfers and withdrawals made in person, by messenger, by mail or at an ATM are unlimited. Once a savings account or money market account has violated the Regulation D limits, Commercial State Bank will notify you of the violation and may require you to convert the account to a transaction type account.

Failure to Make Transfers

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you we will be liable for your losses or damages. However, there are some exceptions. We will not be liable for instance:

  •  If, through no fault of ours, you do not have enough money in your account to make the transfer

  •  If the money in your account is subject to legal process or other claim restricting such transfer

  •  If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.

Periodic Statements

You will receive a monthly account statement from us for your Checking and Money Market accounts, unless the accounts show no activity in which case you will receive a statement quarterly. You will receive a quarterly account statement from us for your Savings account. These printed statements will detail your Internet Banking activities.

Stop Payment of Preauthorized Payments

If you have told us in advance to make regular electronic fund transfers out of your account(s), you can stop any of these payments. Here is how: Call us at (605) 384-3646 or toll free at 1-800-669-4060 or write our bank at 204 S. Main Ave, P.O. Box 220, Wagner, SD 57380-0220, in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may require you to put your request in writing and get it to us within 14 days after you call. We will charge you $15.00 for each stop pay order you give.

Computer Hardware and Software

To access Commercial State Bank Internet Banking, you must have Internet service, an Internet browser software program (Internet Explorer or Netscape) with version number 5.0 and above with a 128-encryption. You are responsible for, at your expense, obtaining, installing, maintaining, and operating all equipment hardware and software you use. We do not warrant nor will we be responsible for any error or failures from the malfunction or failure of your hardware or software.

You agree that Commercial State Bank is not responsible for any electronic virus that you may encounter using Commercial State Bank Internet Banking. You are responsible for maintaining reliable virus protection and spy detection products to detect and remove any viruses or other malicious files found.

Hours of Operation

You can access Commercial State Bank Internet Banking through our website www.commercialstate.com seven days a week, 24 hours a day. However, at certain times, some or all of the services may not be available due to system or Internet maintenance. If we need to change the scope of Commercial State Bank Internet Banking, we will attempt to provide prior notices to such interruptions and changes, but cannot guarantee that such notice will be provided.

Electronic Messaging

E-mail is not available to you after you log in to Commercial State Bank Internet Banking. You may not use e-mail from our public website to initiate banking transactions. E-mail is in place for you to make inquiries or ask questions not of a sensitive nature (See Privacy Policy).

You agree that we may send you or make available to you notices, disclosures, and other information electronically including, but not limited to, notices, disclosures, and other information required under the Electronic Funds Transfer Act and Regulation E of the Federal Reserve Board. If you have given us an email address or postal address, we are entitled to rely on that address and assume that messages sent to that address are received by you until you give us notice in writing or by e-mail that the address is no longer valid. If we send you a notice or disclosure electronically, and you wish to download or print it and are unable to do so, contact us at the mailing address or telephone number address in the Error Notice section of the Agreement or send us an e-mail and we will provide you with a copy on paper.

Limitation of Liability Relating to Available Internet Services

Except as otherwise provided in this Agreement or otherwise expressly provided by applicable law or regulation, you agree that neither Commercial State Bank nor any party that provides Internet access or provides equipment used to access Commercial State Bank Internet Banking services or any agent, independent contractor, or subcontractor of any of the foregoing will be liable for any loss, injury, or damage including without limitation, direct, indirect, incidental, special, consequential, or punitive damages, whether under a contract, tort or any other theory of liability, arising in any way from the installation, use or maintenance of our Internet Banking service or of the Internet access provider used to access our Internet Banking services or of the equipment used to access our Internet Banking services including, without limitation any loss, injury or damage relating to any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line failure or unauthorized interception or access to your communications with us, even if we or the service providers are aware of the possibility of such event. The Commercial State Bank agrees to provide you with access through your personal computer to your accounts, which you requested to have set up by the bank. You understand and agree that Commercial State Bank is not liable for any damages. Hyperlinks to internet resources are at your own risk; the content, accuracy, opinions expressed and other links provided by these resources are not investigated, verified, monitored or endorsed by Commercial State Bank. Commercial State Bank and you agree that Commercial State Bank provides the information and materials through the Internet Services including the text, graphics, links or other items, "as is" or "as available." Commercial State Bank does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

Confidentiality

Commercial State Bank takes very seriously the security and privacy of your information. We will use your information to complete transfers, to comply with laws, government agencies, or court orders, or if you give us permission. We will never sell or release your information to other third parties without your permission.

Unauthorized Access

Tell us AT ONCE if you believe your Access ID or Password has been lost or stolen or of any unauthorized transaction. Also, if your statement shows transfers that you did not make, tell us AT ONCE. If you believe your Access ID or Password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call Commercial State Bank at (605) 384-3646 during normal business hours as listed in the Agreement.

Error Resolution

In case of errors or questions about your electronic transfers telephone us at (605) 384-3646 or toll free at 1-800-669-4060, or write us at 204 S. Main Ave, P.O. Box 220, Wagner, SD 57380-0220,, or e-mail us as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

  •  Tell us your name and account number, if any. (Do not send your account number by e-mail.)

  •  Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

  •  Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. If a notice of error involves unauthorized use of your Visa Point of Sale Checkcard, we will provide provisional credit within five business days after you notify us instead of 10 or 20 business days.

For errors involving new accounts, point of sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation.

Termination

This agreement continues in full force and effect until terminated. You may terminate the Agreement and your use of Commercial State Bank Internet Banking at any time by calling (605) 384-3646 or toll free at 1-800-669-4060 or by sending a written termination notice to Commercial State Bank, 204 S. Main Ave, P.O. Box 220, Wagner, SD 57380-0220. Your termination notice will be confirmed by mail. You authorize us to complete fund transfers until we have had a reasonable opportunity to act upon your termination notice.

We may terminate this Agreement and your use of Commercial State Bank Internet Banking services at any time without cause or prior notice. This Agreement and your use of the available Internet services will be terminated automatically if your account(s) are closed or access to your accounts is restricted for any reasons. This Agreement and your use of Commercial State Bank Internet Banking services may be terminated at any time without prior notice due to insufficient funds in one of your accounts. After termination on such basis, you may again enroll once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. We reserve the right to temporarily suspend Commercial State Bank Internet Banking services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your Access ID or Password as an indication of attempted security breach. Termination of the services does not affect your obligations under this agreement with respect to occurrences before termination.

Security Procedures

By accessing Commercial State Bank Internet Banking, you hereby acknowledge that you will be entering a protected web site owned by Commercial State Bank, which may be used only for authorized purposes. The bank may monitor and audit usage of the system and all persons are hereby notified that use of the services constitutes consent to such monitoring and auditing. Unauthorized attempts to upload information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986.

To enroll in Internet Banking you must agree to the terms and conditions stated in this agreement and click I Accept. If you do not agree to these terms and conditions and do not want to enroll in Internet Banking click on I Decline.

 
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