Internet Banking Services Agreement and Disclosure

AGREEMENT

Please read this Agreement carefully.  It includes your rights and obligations as a user of our Internet Banking service. It also describes the rights and obligations of Valley Bank of Kalispell. By pressing the "I Agree" button below, you agree to comply with the terms and conditions of this Agreement. You also acknowledge by using the Internet Banking service that you have downloaded, printed, or otherwise received a copy of these terms and conditions and that you understand them.

The terms and conditions of the deposit agreements and disclosures for each of your Valley Bank of Kalispell accounts as well as your other agreements with Valley Bank of Kalispell, such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.

DEFINITIONS

As used in this Agreement, the words:

"We", "our," "us," means Valley Bank of Kalispell

"You" and "Your" refer to the account holder(s) and anyone else with the authority to exercise control over the funds in the account.

"Account" or "Accounts" means any Valley Bank of Kalispell account from which you are authorized to access using our Internet Banking service.

"Internet Banking" is the Internet based service providing access to your accounts.

"Internet Banking Service" is the Internet-based service providing access to your account(s).

"Services" are the services available to you through the Internet Banking Service.

"Internet Account" means any Valley Bank of Kalispell account from which you will conduct transactions using the Internet Banking Service.

"Password" is the code you create the first time you "log in" that establishes your identity rights for connection to the Service.

"Time of day" references are to Mountain Standard Time.

“MST” references mean Mountain Standard Time.

"Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your Valley Bank of Kalispell accounts using "Internet Banking"

"Business days" means Monday through Friday. Holidays are not included.

“Regular business hours” means: 9:00AM to 5:30PM on Monday and 9:00AM to 4:00PM – Tuesday through Friday.

PASSWORDS

For security purposes you are required to change your password and your Access ID code the first time you access Internet Banking. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly.

To guard against unauthorized use of your Access ID and Password, Internet Banking disables the Access ID and/or Password upon three (3) unsuccessful attempts. This will also occur if you incorrectly key your Access ID and/or Password three (3) times. To re-establish your Access ID and/or Password you must contact us to have your password reset or submit an electronic request form by choosing the "NEED ASSISTANCE?" link or the “CONTACT US” link at the bottom of each page on our website. You can reach us by calling (406) 752-7123 and we can help you during regular business hours.

You may also have your current password emailed to you by selecting the “FORGOT YOUR PASSWORD?” link that is located on the page that you are directed to after an unsuccessful log-in attempt.  You will be asked to provide your access ID in order to receive your password.

If you believe that your password has been lost or stolen or if your password has been discovered by another person, or that someone has transferred or may transfer money from your account without your permission, you should immediately call and/or write us at the telephone number and/or address stated in the Errors and Questions section.

Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down. You agree to assume responsibility for all transactions up to the limits allowed by applicable law. Each signer on your Valley Bank of Kalispell account(s) will have access to that account and have to choose their own Access ID and Password.

ACCESS

You can use Internet Banking seven days a week, twenty-four hours a day, except during special maintenance periods. We will attempt to limit downtime and system maintenance to those hours of operation least impacted by customer usage, when such options are available. We undertake no obligation to monitor transactions through Internet Banking to determine that they are made by you.

Valley Bank of Kalispell will provide on line instructions describing how to use the Internet Banking on the initial sign on screen. You may gain access to Internet Banking through the use of your internet-enabled device, your internet service provider, your Access ID and Password from our web-site: www.valleybankmt.com.

If you do not access your Internet Banking account(s) during any consecutive (90) ninety-day period your internet banking user record will be deleted.  If your records are deleted you can regain access by choosing “FIRST TIME USER” from below the log-in menu and going back through the enrollment process.

This agreement will remain in effect until you or Valley Bank of Kalispell terminates it.

You understand that you may cancel this Agreement at any time by notifying Valley Bank of Kalispell electronically, or by mail at PO Box 48, Kalispell, MT  59901. This will cancel your Internet Banking agreement but will not terminate your accounts with Valley Bank of Kalispell.

Valley Bank of Kalispell reserves the right to terminate this Agreement and your access to Internet Banking, in whole or in part, at any time.

SECURITY

You understand the importance of your role in preventing misuse of your accounts through Internet Banking and you agree to promptly examine your statement for each of your Valley Bank of Kalispell accounts as soon as you receive it.

You agree to protect the confidentiality of your account, account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account.

Your password and Access ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via Internet Banking is encrypted in an effort to provide transmission security and Valley Bank of Kalispell utilizes identification technology to verify that the sender and receiver of Internet Banking transmissions can be appropriately identified by each other.

Notwithstanding our efforts to insure that the Internet Banking Service is secure, you acknowledge that the Internet is inherently insecure. You further acknowledge that all data transfers, including those by electronic mail, occur openly on the Internet and can potentially be monitored and read by others. Accordingly, we cannot and do not make any warranties (expressed or implied) that data transfers utilizing Valley Bank of Kalispell Internet Banking or e-mail transmitted to and from us, will not be monitored or read by others.

Neither Valley Bank of Kalispell nor other information providers are responsible for any computer virus or related problems, which may be attributable to services provided by your Internet access provider.

You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Internet Banking. Valley Bank of Kalispell will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.

Except as otherwise provided in this agreement, and in the absence of negligence on the part of Valley Bank of Kalispell, neither Valley Bank of Kalispell, any other information provider, nor any other software supplier is responsible for any direct, indirect, special, incidental, or consequential damages arising in any way out of the use of our Internet Banking.

TRANSFERS

Transfers initiated through Internet Banking before 5:00 p.m. (MST) on a business day are posted to your account the same day. Transfers completed after 5:00 p.m. (MST) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. Valley Bank of Kalispell identifies transfers based upon the login ID of the user who made the electronic transfer. You agree to communicate with any other persons, with authorized access to your accounts, concerning any transfers from your account in order to avoid overdrafts.

Preauthorized withdrawals are transfers made according to a specific agreement between a customer and us or another party. (Examples of preauthorized withdrawals are regular electronic payments scheduled with a third party, such as health clubs, insurance companies, etc.)

Funds may be transferred between your linked checking, savings, credit line and money market accounts, from accounts with the same signers and same vesting only. Any transfer between your accounts is believed to be in good faith by an authorized person.

If your account has insufficient funds to perform any electronic fund transfers (EFT) you have requested for a given business day, then:

1.      Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;

2.      Electronic fund transfers initiated through Internet Banking, which would result in an overdraft of your account, may at our discretion, be cancelled;

3.      In the event the fund transfers initiated through Internet Banking, which would result in an overdraft of your account, are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.

TRANSFER LIMITATIONS

The following limitations apply:

Savings Account - Transfers from a Regular Savings account to another account or to third parties by pre-authorized, automatic, or telephone transfer are limited to six transactions per monthly statement cycle.

Money Market Account - Transfers from a Money Market account to another account or to third parties by pre-authorized, automatic, or telephone transfer are limited to six transactions per monthly statement cycle with no more than three by check, draft, or similar order to third parties.

The number of transfers from Valley Bank of Kalispell accounts and the amounts, which may be transferred, are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. 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.

OUR LIABILITY FOR FAILURE TO MAKE A TRANSFER

Valley Bank of Kalispell agrees to make reasonable efforts to ensure full performance of our Internet Banking. We will be responsible for acting only on those instructions sent through our Internet Banking, which are actually received, and cannot assume responsibility for malfunctions in communication facilities not under our control, which may affect the accuracy or timeliness of messages you send.

Any information you receive from Valley Bank of Kalispell or other information providers is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. Valley Bank of Kalispell is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information or for any investment or other decision made using this information.

If we fail or delay in making a transfer pursuant to your instructions, or if we make a payment or transfer in erroneous amount which is less that the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest, if applicable, on the amount which we failed to transfer, calculated from the date on which the transfer was to be received until the date it was actually made or you cancelled the instructions.

If we make a payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously transferred, plus interest, if applicable, thereon from the date of the transfer to the date of the refund, but in no event to exceed 60 days interest.

BILL PAYING AGREEMENT/TERMS & CONDITIONS

This is your bill paying agreement with VALLEY BANK OF KALISPELL. You may use VALLEY BANK'S bill paying service, VB-BILLPAY, to direct VALLEY BANK to make payments from your designated checking account to the Payees you choose in accordance with this agreement. The terms & conditions of this Agreement are in addition to the Account agreements, terms & conditions and other documents in effect from time to time governing your Account (the Account Rules).

"You" or "your" means each person who is authorized to use the service. "Payee" means anyone, including the Financial Institution, you designate and the Financial Institution accepts as a payee.

HOW TO SET UP PAYEES/PAYMENTS
Complete a bill paying enrollment form. IF YOU WANT TO ADD A NEW PAYEE, USE "SET UP
ACCOUNTS/PAYEE" ON THE INTERNET OR SPEAK TO A SERVICE REPRESENTATIVE. You
may add a new fixed payment to a Payee, only if the Payee is on your authorized list of  payees, and by accessing the Service and entering the appropriate information. Most other additions, deletions, or changes can be made in writing or by using the Service. The Financial Institution reserves the right to refuse the designation of a Payee for any reason.   Each Payee accepted by the Financial Institution will be assigned a payee code. You may pay almost any payee you wish. There are several restrictions: 1) The merchant must be located in the United States; 2) Payments may not be remitted to tax authorities or
government and collection agencies; 3) Payments may not be remitted to security companies such as Ameritrade for stock purchases or trade taxing authorities and 4) Court directed payments are unauthorized (Alimony, child support, or other legal debts). Don't forget you can use this system to send payments to your son/daughter in college, pay your local orthodontist, credit cards, charitable donations, etc. A merchant is defined as anybody (company or individual) to whom you want to send money.

The Financial Institution is not responsible if a Bill Payment can not be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee or if you attempt to pay a Payee that is not on your Authorized Payee list.

ACCESSING THE SERVICE
When you complete your bill paying enrollment form, you will select a USER I.D. and Personal Identification Number (PIN). The Financial Institution will make every effort to accommodate your request. Each time you access the Service, you will be asked to enter your USER ID AND PIN. Correct responses will give you access to the Service.

THE BILL PAYING PROCESS
Single Payments
A single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment’s process date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time, which is controlled by the financial institution, is currently 2:00 PM MOUNTAIN STANDARD TIME. A single payment submitted after the cut-off time on the designated process date will be processed on the following business day. If you designate a non-business date (generally weekends and certain holidays) as the payment’s process date, the payment will be processed on the first business day following the designated process date.

Recurring Payments
When a recurring payment is processed, it is automatically rescheduled by the system.   Based upon your selected frequency settings for the payment, a process date is calculated for the next occurrence of the payment. If the calculated process date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules:

* If the recurring payment’s "Pay Backward" option is selected, the process date for the new occurrence of the payment is adjusted to the first business date prior to the calculated process date.
* If the recurring payment’s "Pay Backward" option is not selected (or if the "Pay Backward" option is not available), the process date for the new occurrence of the payment is adjusted to the first business date after the calculated process date.

Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated process date, then the last calendar day of that month is used as the calculated process date.

For Single and Recurring Payments, YOU MUST ALLOW AT LEAST FIVE (5) BUSINESS DAYS,
PRIOR TO THE DUE DATE, for each bill payment to reach the Payee. (For mid west subscribers, allow 7 days and for west coast subscribers, allow 8 days.) Any bill payment can be changed or canceled, provided you access the Bill Pay Service prior to the cut-off time on the business day prior to the business day the bill payment is going to be initiated. You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all bill payments requested, as well as, any other payment obligations you have to the Financial Institution. The Financial Institution reserves the right, without liability, to reject or reverse a bill payment if you fail to comply with this requirement or any other terms of this agreement. If you do not have sufficient funds in the Account and the Financial Institution has not exercised its right to reverse or reject a bill payment, you agree to pay for such payment obligations on demand. You further agree the Financial Institution, at its option, may charge any of your accounts with the Financial Institution to cover such payment obligations. The financial institution reserves the right to change the cut-off time. You will receive notice if it changes.

LIABILITY
You are solely responsible for controlling the safekeeping of, and access to, your Personal Identification Number (PIN). You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person's authority, you must notify the Financial Institution and arrange to change your PIN. You will be responsible for any Bill Payment request you make that contains an error or is a duplicate of another Bill Payment. The Financial Institution is not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment. The Financial Institution is not liable for any failure to make a Bill Payment if you fail to promptly notify the Financial Institution after you learn that you have not received credit from a Payee for a Bill Payment. The Financial Institution is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Financial Institution's agent. In any event, the Financial Institution will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Financial Institution has knowledge of the possibility of them. The Financial Institution is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Financial Institution's reasonable control.

Amendment and Termination

The Financial Institution has the right to change this Agreement at any time by notice mailed to you at the last address shown for the Account on the Financial Institution's records, by posting notice in branches of the Financial Institution, or as otherwise permitted by law.

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

Additional Charges for Customer requested Services and Other Items  <iPAY’s CHARGES TO FINANCIAL INSTITUTION. CHARGES CAN BE INCREASED TO DEFER ABUSE AND ARE PASSED ON TO THE CUSTOMER>> These charges will only be assessed if you request one or more of the services listed here. There will be NO Charge for any item if needed to correct a Financial Institution error.
Written Correspondence to Payee:........................................................................$10.00
Per proof of Payment not necessitated by a dispute:...............................................$10.00
Payments returned due to customer error:..............................................................$5.00
Overdraft Fee:....................................................................................................$20.00
The Financial Institution reserves the right to charge you for research time involving payments no longer available in your screen history. You will be informed of any such charges before they are incurred. Bill payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfers Terms & Conditions Statement included, or, received when you opened your account, which discloses important information concerning your rights and obligations.

VALLEY BANK OF KALISPELL’S RESPONSIBILITY

Valley Bank of Kalispell will be responsible for your actual losses if they were directly caused by our failure to:

·         Complete an Electronic Funds Transfer as properly requested.

·         Cancel an Electronic Funds Transfer as properly requested.

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 a transfer or if the transfer would cause your balance to go over the credit limit set up to cover overdrafts.

·         If there is a hold on your account, or if access to your account is blocked in accordance with banking policy.

·         If your account is closed or if a legal order or other encumbrance restricts withdrawals from the account.

·         We have received incomplete or inaccurate information from you or a third party involving the account or transfer.

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

·         If we believe that unauthorized use of your Password or Account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement, or any other agreement with us, or if we or you terminate this Agreement.

·         If you have not properly followed the on-screen instructions for using Internet Banking.

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

There may be other exceptions stated in this agreement and in other agreements with you. Further, you agree that in no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, nor will we be liable for any incidental or consequential damages.

In any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transaction that may not have been completed, or to correct transactions that have been processed erroneously.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

CONTACT US AT ONCE if you believe your password and/or Access ID (including ATM/POS card or PIN), has been lost, stolen, or used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your account(s) without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of you password, you can lose no more than $50 if someone used your password without your permission.

If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows any Electronic Funds Transfer (EFT) that you did not make or authorize, contact us at once. Failure to notify the Bank within 60 days after the statement was mailed to you may result in zero compensation for any losses you may sustain if Valley Bank of Kalispell can prove that we could have prevented someone from accessing your account(s). If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the time periods.

Canceling Preauthorized Payments

If you have preauthorized payments from your account(s) you may stop these withdrawals by notifying us verbally during regular business hours at (406) 752-7123 or by writing us at PO Box 48, Kalispell, MT  59903 at least three business days or more before the scheduled date of the transaction. If you make a verbal request, we may require you to notify us in writing within (14) fourteen days of the verbal notification.

STATEMENTS

You will continue to receive your regular account statements. You must examine your statement with "reasonable promptness". If your statement shows transfers that you did not make, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself.

You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 60 days from when the statement is first sent or made available to you.

You further agree that if you fail to report any unauthorized transactions or any other errors in your account within 60 days of when we first send or make the statement available, you can not assert a claim against us on any items in that statement, and as between you and Valley Bank of Kalispell the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care.

OFFICE OF FOREIGN ASSET CONTROL

Under the Bank Secrecy Act, the Bank is prohibited from transacting business with persons or entities listed as "blocked" by the Office of Foreign Assets Control (OFAC). The official listing is published in the Federal Register and updated from time to time. You agree not to transact business with persons of entities blocked by OFAC. You may obtain further information and access OFAC’s listing of “blocked” persons and entities through their Internet website: http://www.treas.gov/ofac/

ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS
(Consumer/Personal Accounts Only)

In case of errors or questions regarding an Internet Banking transaction, call Valley Bank of Kalispell at (406) 752-7123 or write us at:

Attention: Bookkeeping

PO Box 48

Kalispell, MT  59901

Contact us as soon as you can, if you think your statement is wrong, or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared.

WE WILL REQUIRE:

·         Your name and account number;

·         A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or why you need more information;

·         The dollar amount of the suspected error;

·         The date on which it occurred

We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If more time is needed, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If this occurs, we will provisionally credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation.

If the report is made orally, we may require that you send the complaint or question in writing within 10 business days. If your complaint or question is requested in writing but not received in writing within 10 business days, we may not credit your account until the investigation is completed. Your account is considered a new account for the first 30 days after the first deposit is made, unless you already have an established account with us.

If we determine that no error occurred, we will send you a written explanation within 3 business days after we finish the investigation, and debit the provisional credit in accordance with law. You may request copies of the documents that were used in the investigation.