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Internet Banking Agreement
- The Service.
In consideration of the Online Banking Services (“Service(s)”) to be provided by West Gate Bank (“BANK” or “we” or “us”) as described from time to time in information distributed by BANK, Customer (the person(s) subscribing to or using the Service (hereinafter “Customer” or “you”)) agrees as follows: You may use a Personal Computer (“PC”) through an Internet connection to obtain account balances and transaction information. You may also use your PC to obtain statements on your account and to transfer money between your accounts. However, transfers from your Savings and Money Market accounts are considered pre-authorized transfers, and pre-authorized transfers are limited to six (6) per monthly statement cycle by federal regulations. In addition, you may use your PC to electronically direct us to make payments from your account to third parties (“Payees”) that you have selected to receive payment through the Service. You may make payments through the Service to any business professional, merchant, family member, or friend. The “Account” means your designated bill payment checking account at BANK from which we make bill payments on your behalf pursuant to the Agreement. By subscribing to the Service or using the Service to make any payments to a third party, you agree to the terms of this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS. - Vendor List.
You may include all utility companies, merchants, financial institutions, insurance companies, individuals, etc. whom you wish to pay through West Gate Bank BillPay. For each vendor, include a complete mailing address and telephone number, as well as your account number with each payee. BANK reserves the right to decline to make payments to certain persons and entities. - Your User Code and PIN or Password.
Each individual who has access to Online Banking, including each individual named on joint accounts, must designate a Personal Identification Number (“PIN”) or password and user code. Your PIN or password must maintain a minimum of six (6) characters, up to a maximum of sixteen (16) characters, which must consist of at least two (2) letters (case sensitive) and two (2) numeric characters. For example, your PIN or password may be: jk2TR4. You may be required to change your PIN or password periodically to enhance security. - Scheduling Payments.
You may choose to add BillPay and use your PC to electronically schedule payments with the Service. Payments are posted against your balance available for withdrawal, as defined in the BANK’s Funds Availability Policy, plus the available credit on your overdraft protection (Checking Plus), if any, or other line of credit. - Delivery of Your Payments.
You may schedule payments to be initiated on the current business day, on a future date, or on the same day of each month, subject to the restrictions in the Agreement. Although you can enter payment information through the Service twenty-four (24) hours a day, seven (7) days a week, payments can be initiated only on business days. Funds will be deducted from your Account on the business day on which a payment is initiated. This date is referred to in this Agreement as the “Transaction Date.” If you direct the initiation of a payment to occur on a day other than a business day, it will be initiated on the following business day. Collected funds must be available for distribution from Customer’s account as of the close of the business day prior to the Transaction Date.
After funds are withdrawn from your Account, we may remit your payments by mailing your Payee a Check, by electronic funds transfer, including ACH (Automated Clearing House) or by other means. Because of the time it takes to send your payment to them, your Payees generally will not receive payment on the Transaction Date. This applies regardless of whether the payment is a next-day payment, a future payment, or a recurring payment, as described below. Therefore, in order to provide sufficient time for payments to be received by your Payees, the Transaction Date should be prior to the date your payment is due, excluding any applicable grace periods (the “Due Date”). BANK recommends that the Transaction Date be at least five (5) business days prior to the date the payment is due. It is helpful if you allow additional time for a payment to be completed the fist time you send a payment to a Payee through the Service. This allows the Payee to adjust to the new form of payment. You may schedule a payment to be initiated on any business day or any future date. Payments must be scheduled by the normal cut-off time of 5 p.m. (Central Standard Time (“CST”)) on any business day in order for the payment to be initiated for that business day. - Recurring Payments.
Recurring payments are those made for the same amount and are made on a weekly, bi-monthly, monthly basis, etc. Once started, recurring payments will be made automatically until you tell BANK to stop or cancel the service and BANK has a reasonable opportunity to react. - Limitation of Liability.
BANK will not be liable:
a. if you do not have enough money in your account to make a transfer;
b. if the money in your account is subject to legal process or other encumbrances restricting transfer;
c. if the transfer would go over the credit limit on your overdraft line (if any);
d. if the automated teller machine or the merchant where you are making the transfer does not have enough cash;
e. if the system was not working properly when you started the transfer;
f. if circumstances beyond our control (such as fire or flood or systems failure) prevent the transfer;
g. if the payee mishandles or delays handling payments sent by us;
h. for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by the Service, failure to complete a transaction for any reason, or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC equipment;
i. errors in amounts, payee codes or payments (remove this s) dates entered by Customer;
j. errors in address, account number or other information provided to BANK by Customer;
k. late fees or other similar charges imposed by payee and incurred by Customer;
l. damages arising from unauthorized access to any of the Services. - Canceling Payment.
You may use your PC to cancel a payment until 5 p.m. (CST) on the business day your payment is scheduled to be initiated (“Transaction Date”). There is no fee for canceling a payment online. Other requests must be made in person or via phone, (402) 434-3456 at least one (1) day prior to scheduled payment date. A payment that has been sent may be recalled for a fee of $25.00 per item, but the BANK will not guarantee the ability to recall an item. - Statements.
All payments, transfers, and/or fees made with the Service will appear on your monthly Account Statement. The Payee name, payment amount, and date of the payment will be shown for each payment made through the Service during the month. - Fees.
Fees for Services shall be payable in accordance with a schedule of charges as established and amended by BANK from time to time. Charges shall be automatically deducted from Customer’s Account, and BANK shall provide to Customer monthly notice of such debit(s) on your statement. - Equipment.
You are solely responsible for the equipment (including, in the case of Online Banking, your personal computer and software) you use to access the Services. We are not responsible for the cost of upgrading your equipment to stay current with the Service nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon. - Business Days/Hours of Operation.
Our business hours are 8 a.m. to 5 p.m. (CST) Monday through Friday, except bank holidays. Although payments and transfers can be completed only on business days, the Service for the scheduling of payment orders and transfers is available twenty-four (24) hours a day, seven (7) days a week, except during maintenance periods. - Notice of your Rights and Liabilities.
Security of your transaction is important to us. Use of the Services may therefore require a PIN or password. If you lose or forget your PIN or password, please call (402) 434-3456 during normal business hours listed above. We may accept as authentic any instructions given to us through the use of your PIN or password. You agree to keep your PIN or password secret and to notify us immediately if your PIN or password is lost or stolen or if you believe someone else has discovered you PIN or password. You agree that if you give you PIN or password to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use the Service. Online Banking Services enable you to change your password; we may require you do so regularly. We do not assume any liability or otherwise guarantee the security of information in transit to or from our facilities. Please note that we reserve the right to (1) monitor and/or record all communications and activity related to the Services; and (2) require verification of all requested transfers in the manner we deem appropriate before making the transfer (which may include written verification by you). You agree that our records will be final and conclusive as to all questions concerning whether or not your PIN or password was used in connection with a particular transaction.
If any unauthorized use of your PIN or password occurs you agree to (1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance requested by us in recovering any unauthorized transfer of funds.
Tell us AT ONCE if you believe your PIN or password has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down as you could lose all the money in your account (plus your maximum line of credit). If you tell us within two (2) business days after you learn of the loss or theft of your PIN or password, you can lose no more than $50 if someone used your PIN or password without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your PIN or password, and we can prove we could have stopped someone from using your PIN or password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason kept you from telling us, we may extend the time periods. If you believe your PIN or password has been lost or stolen, call (402) 434-3456 during normal business hours listed above or write West Gate Bank, Attention: Electronic Banking Department, P.O. Box 82603, Lincoln, NE 68501-2603. You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PINS OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL.
The bank will not, at any time, ask for your logon password. If anyone requests this information, you should contact the bank immediately. - Errors and questions.
In case of errors or questions about you electronic transactions, telephone us at (402) 434-3456 8 a.m. – 5 p.m. (CST) Monday through Friday or write us at:
West Gate Bank
Attention: Electronic Banking Department
P.O. Box 82603
Lincoln, NE 68501-2603
If you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt, you will need to contact BANK as soon as you. We must hear from you no later than sixty (60) days after we send the FIRST statement for which the problem or error appeared. You will need to:
a. tell us your name and account number;
b. describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
c. tell us the dollar amount of the suspected error.
If you tell us verbally, we may require you to send us your complaint or question in writing within ten (10) business days following the date you notified us.
We will determine whether an error occurred within ten (10) business days (twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first deposit to the account was made). After we hear from you we will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days if notice of error involves electronic fund transfer to or from the account within thirty (30) days after the first deposit to the account was made) for the amount you think is in error, so that you will have 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 may not credit your account.
If we determine there was no error, we will reverse the previously credited amount, if any, and we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents used in our investigation. - Disclosure of Account Information to Third Parties.
We may disclose information to third parties about your account or the transactions you make:
a. where it is necessary for completing transactions or resolving errors involving the Services; or
b. in order to verify the existence and condition of your account for a third party, such as a credit bureau or a merchant; or
c. in order to comply with government agency rules, court orders, or other applicable law; or
d. to our employees, service providers, auditors, collection agents, affiliated companies, or attorneys in the course of their duties and to the extent allowed by law; or
e. if you give permission. - Authorization to Obtain Information.
You agree that we may obtain and review your credit report from a credit bureau or similar entity. You also agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments. - Termination.
If you wish to terminate your access to the Service, call us at (402) 434-3456. After receipt of your call we will send a written termination authorization for your signature and return to us. In order to avoid imposition of the next monthly fee (if applicable), we must receive your written authorization to terminate three (3) days before your service charge is scheduled to be assessed. RECURRING TRANSFERS WILL NOT NECESSARILY BE DISCOUNTINUED BECAUSE YOU TERMINATE ACCESS TO THE SERVICE. IF YOU WANT TO MAKE SURE THAT RECURRING TRANSFERS BETWEEN ACCOUNTS ARE STOPPED, YOU MUST FOLLOW THE PROCEDURES IN THE CANCELING PAYMENTS PARAGRAPH ABOVE.
We reserve the right to terminate the Services, in whole or in part, at any time with or without cause and without prior written notice. In that event, or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend the 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 PIN or password as an indication of an attempted security breach. - Transfers.
Transfers between Accounts at BANK must be scheduled by the normal cut-off time of 5 p.m. (CST) on any business day in order for the transaction to be completed on that business day. - Waivers.
No waiver of the terms of this Agreement will be effective unless in writing and signed by an authorized officer of the BANK. - Assignment.
You may not transfer or assign your rights of duties under this Agreement. - Governing Law.
The laws of the State of Nebraska shall govern this Agreement and all transaction hereunder. Customer acknowledges that he/she has reviewed this Customer Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby. - Amendments.
We can change the term or condition of the Agreement by mailing or delivering to you a written notice at least thirty (30) days before the effective date of any such change. We do not need to provide you with any prior notice where an immediate change in the terms or condition of this Agreement is necessary to maintain or restore the security of our system or an account. However, even in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you in either our Checking or Savings Account records. - Indemnification.
Customer, in consideration of being allowed access to the Services, agrees to indemnify and hold the BANK harmless for any losses or damages to the BANK resulting from the use of the Services, to the extent allowed by applicable law. - Security Procedures.
By accessing the Services, you hereby acknowledge that you will be entering a protected Web site owned by the 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 up-load 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. - Fee Schedule.
Online Banking Service Fee: The basic Online Banking Service is free. At this time BillPay is free.
Equal Housing Lender