ONLINE BANKING AGREEMENT AND DISCLOSURE
This Online Banking Agreement and Disclosure ("Agreement") describes your rights and obligations as a user of the Online Banking service, Mobile Banking service, or the Bill Payment service ("Services"). It also describes the rights and obligations of Rocky Mountain Bank ("Bank"). By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement. In addition, any use of any security code assigned to you to access the Services shall be deemed to be acceptance of the terms of this Agreement. Please read this Agreement carefully and print a copy for your records.
The following definitions apply in this Agreement:
- "Authorized Representative" refers to a person with authority (with respect to the account);
- "Bill Payment" is the online service that enables the scheduling of bill payments using a personal computer or Device;
- "Device" means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details.
- "Mobile Banking" means the banking services accessible from the Device you have registered with us for Mobile Banking.
- "Online Banking" is the Internet-based service providing access to your Rocky Mountain Bank account(s);
- "Online Account(s)" means any Rocky Mountain Bank account(s) from which you will be conducting transactions using a Service;
- "Password" is the customer-generated code selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service;
- "Time of day" references are to Mountain Standard Time (MST);
- "User ID" is the system-generated identification code assigned to you for your connection to the Service;
- "We", "us", "our," or "Bank" refer to Rocky Mountain Bank, which offers the Services and which holds the accounts accessed by the Services; and
- "You" or "your" refers to the owner of the account or the authorized representative.
- Access to Services
You may access your Online Accounts 24 hours a day, seven days a week, except for brief maintenance periods. You agree to access your accounts by other means if the Service is not available. For purposes of transactions, Rocky Mountain Bank's business days are Monday through Friday, excluding holidays. All Online Banking transaction requests received after 6:00 PM MST on business days, and all transactions which are requested on Saturdays, Sundays, or holidays will be processed on the next business day.
- Banking Transactions with Online Banking
- Transfer of Funds. In addition to viewing account information, you may use Online Banking to transfer funds among your eligible accounts including your checking, money market, and savings accounts. You may also make loan payments to Rocky Mountain Bank. You may make onetime transfers or schedule future or recurring transfers such as transfers to make loan payments. If there are not sufficient available funds in the account, we cannot complete the transfer. However, future recurring transfers will not be impacted.
NOTE: Due to regulatory requirements, Rocky Mountain Bank must limit preauthorized transfers from your account, including those initiated online. The following limitations apply:
- Savings accounts. You can make no more than six transfers per statement cycle from your account by preauthorized or automatic transfer, by telephone, or Online Banking.
- Money Market accounts. You can make no more than six transfers per statement cycle from your account by preauthorized or automatic transfer, by telephone, by Online Banking, or by check, draft, or debit card.
An excess withdrawal fee of $10.00 will be assessed each statement cycle that you exceed the six allotted transactions.
Additional Services. New services may be introduced for Online Banking from time to time. Rocky Mountain Bank will
notify you of the existence of these new services. By using these services when they become available, you agree to be
bound by the rules that will be made available to you concerning these services.
Schedule of Fees
There are no monthly or transaction fees for using the Online Banking or Bill Payment services. However, fees as described in the fee schedule and account disclosure received at the time of account opening may apply to transfers initiated online. Fees for Online Banking and Bill Payment services are subject to change. You are responsible for any fees that may be assessed by your Internet Service Provider and for any telephone charges or fees incurred by accessing the Services.
You must accept the Online Statement Disclosure to receive Online Statements. Once accepted all subsequent statements will be available through your online banking. Otherwise, you will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.
Use of Your Security Password
You are solely responsible for keeping your Password and Online Account information confidential. It is recommended that you memorize your Password and do not write it down. It is further recommended that you not give your Password to anyone. If you grant authority to make transfers by furnishing your Password to a person such as a family member or co-worker who exceeds the authority given, you are fully liable for the transfers unless you notify the Bank that transfers by that person are no longer authorized. If you want to terminate another person's authority, you must notify the Bank and arrange to change your Password. In order to protect yourself against fraud, you should adhere to the following guidelines:
- Do not give out your account information, Password, or User ID;
- Do not give out your Password by telephone, or to anyone claiming to represent the Bank; as employees do not need, and should not ask for; your Password;
- Do not leave your computer unattended while you are in the Bank's Online Banking Site;
- Do not leave your device unattended while you are using the Bank's Mobile Banking Service;
- Do not use a Password that is easily associated with you, such as your telephone number, address, or birth date.
- Never leave your account information within range of others; and
- Do not send privileged account information (account number, Password, etc.) in any public or general e-mail system.
If you believe your Password has been lost or stolen, or if you suspect any fraudulent activity on your account, call Rocky Mountain Bank immediately at 888-362-7621 between the hours of 8:00 AM to 5:30 PM MST, Monday through Friday. Telephoning the Bank is the best way of minimizing your losses.
If you believe your Password has been lost or stolen, please use the Password change feature within the Online Banking section of the website to change your Password.
Electronic Mail (E-mail)
If you send Rocky Mountain Bank an e-mail message, the Bank will be deemed to have received it on the following business day. Do not rely on e-mail if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur.
Bill Payment Services
- NOTE: E-mail transmissions are not secure. We advise you not to send us or ask for sensitive information such as account numbers, Password, account information, etc. via any general or public e-mail system.
- Description of Service. The Bill Payment service permits you to use your Internet-enabled device to direct payments from your designated online Bill Payment Account to third parties you wish to pay. Your Bill Payment Account must be a checking account. You may designate multiple Bill Payment Accounts. Through the Bill Payment service, you can pay bills from your Bill Payment Account to businesses or individuals.
All payments you make will be deducted from the account that you designated for that payment. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.
- Scheduling Payments. Funds must be available in your Bill Payment Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-business day (Saturday, Sunday, or holiday) funds must be available in your Bill Payment Account the following business day (e.g. Monday). After funds are withdrawn from your Bill Payment Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.
When you create a new payee in the Bill Payment service, it has a temporary status until there has been sufficient time to set up the account, and for your business payees, to verify information about your account. You should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow time to set up the payee and verify information about your account with the payee.
For all subsequent payments, you agree to allow at least four (4) to ten (10) business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If the payment is an Automated Clearing House (ACH) electronic payment, it will take up to four (4) business days to reach the payee. However, if the company or person that you are paying cannot accept an electronic payment, the Bill Payment service will send a check that may take up to ten (10) business days. If you do not follow these time frames, you will be fully responsible for all late fees, finance charges, or other actions taken by the payee. If you schedule your payment and follow all instructions provided, but the payee does not receive the payment in a timely manner, Rocky Mountain Bank will work with the payee on your behalf to attempt to have any late fees or charges reversed.
For security purposes, single payments using the Bill Payment service are limited to $9.999.99. A daily limit of $19,999.99 is also in place for the total of all payments using the Bill Payment service.
If the session during which you schedule a payment or transfer ends by 6:00 PM MST, the Bank will be considered to have received it on that day. Otherwise, it will be considered received on the following business day. For all entries made using the Services, the time recorded by the Online Banking service will be considered the official time of the transaction.
You may choose to schedule payments to reoccur in the same amount at regular intervals, such as weekly, monthly, or semi-monthly (a "recurring payment"). If a recurring payment is chosen, the amount will be paid automatically at each interval. If the payment is not a recurring payment, it will be a "one-time payment." One-time payments are not made until you enter the amount of the current bill. You may change or skip payments that are recurring payments. However, you must change or cancel the payment using the Service before 6:00 PM MST on the business day prior to the day the payment is scheduled to be initiated.
If your Bill Payment Account does not have sufficient funds to make a payment as of the date the payment is scheduled to be initiated, the Bank may block future Bill Payment service until the account has sufficient funds to make the payment. The Bank will attempt to notify you by e-mail or U.S. Postal Mail, but the Bank shall have no obligation or liability if it does not complete a payment because there are insufficient funds in your account to process a payment. In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through the Service.
Rocky Mountain Bank is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. The Bank will not be liable in any way for damages you incur if you do not have sufficient funds in your Bill Payment Account to make the payment on the processing date, for delays in mail delivery, for changes to the payee's address or account number, unless we have been advised of the change sufficiently in advance, for the failure of any payee to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond the control of the Bank.
- Cancel or Change Payment Instructions. Payments must be changed or canceled using the Service before to 6 PM MST on the business day prior to the day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we may charge you a stop payment fee. A stop payment order will be effective for six (6) months, but it lapses after fourteen (14) calendar days if the original order was oral and was not confirmed in writing within that period. A stop payment order may be renewed for additional six (6) month periods if renewed during a period within which the stop payment order is effective. The Bank may pay any item that is presented following the lapse of any stop payment order.
- No Signature Required. When any payment or other online Service generates items to be charged to your account, you agree that we may debit your Bill Payment account without requiring your signature on the item and without prior notice to you.
All accounts with Rocky Mountain Bank that you enroll in a Service will be linked by the tax identification numbers of the persons authorized to access the account. The linked accounts will appear together without regard to the ownership of the accounts. For example, if an authorized user of a linked account accesses the Service, that authorized user will be able to view and access at a single time the following accounts:
- The accounts of the business for which that person is an authorized user;
- The accounts of any other business for which that person is an authorized user; and
- Any consumer accounts for which the person is a co-owner or authorized signer.
If you are a business, any authorized user of your business is authorized on such terms, conditions, and agreements as we may require to:
Mobile Banking Service
- Enter into this Agreement, as amended from time to time;
- Access each account of yours in any manner and for any purpose available through the Services, whether now available or available at some time in the future; and
- Use any online banking service in any manner and for any purpose available through the Services, whether now available or available at some time in the future.
Term and Termination
- Description of Service. Mobile Banking is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and Services with us. Mobile Banking allows you to access your Rocky Mountain Bank account information, make payments to payees, transfer funds and conduct other banking transactions. To use the Mobile Banking service, you must be enrolled to use Online Banking and then activate your Device within the Online Banking system.
We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Mobile Banking. We also reserve the right to modify the scope of the Mobile Banking service at any time.
Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the Mobile Banking service may not be supportable for all Devices. Rocky Mountain Bank cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or "out of range" issues. We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.
- Use of Service. You agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the Mobile Banking service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Device.
- Other Agreements. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
Any deposit account, loan or other banking product accessed through this Service is also subject to the Account Agreements and Disclosures provided at the time of Account opening. You should review the Account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.
- Term. This Agreement will become effective upon acceptance and shall remain in full force and effect until termination in accordance with the following provisions.
- Termination for Cause. We may immediately terminate your electronic banking privileges (including the Bill Payment service) without notice to you if you do not comply with the agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. We will notify you if we terminate this Agreement or your use of the Services for any other reason.
- Termination for Convenience. Rocky Mountain Bank reserves the right to terminate this Agreement and your use of the Services in whole or in part at any time. If you wish to cancel Online Banking and/or Bill Payment services, you must notify Rocky Mountain Bank and provide your name; address; whether you are discontinuing Online Banking, Bill Payment, or both; and the termination date of the Service(s). When Bill Payment is terminated, any prescheduled bill payments made through the Service will also be terminated as long as the Bank has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by the Bank on your behalf. Your final charge for the Bill Payment service will be assessed at the end of your statement cycle. You may notify the Bank by one of the following methods:
- By calling the Bank at 888-362-7621.
- By writing a letter and either sending it to the following address: Rocky Mountain Bank, PO Box 938, Jackson, WY 8300; or giving it to a Customer Service Representative at any of the Bank's locations.
We may delete your account if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 180-day period.
Electronic Fund Transfer Provisions For Consumers
- Applicability. These provisions are only applicable to online electronic fund transfers that credit or debit a consumer's checking, savings or other asset account and are subject to the Federal Reserve Board's Regulation E (an "EFT"). When applicable, the Bank may rely on any exceptions to these provisions that are contained in Regulation E. All terms that are not defined in this Agreement but which are defined in Regulation E shall have the same meaning when used in this section.
- Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your online banking Password has been lost, stolen, or compromised. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days after you learn of the loss or theft of your Password, you can lose no more than $50.00 if someone used your 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 Password, and we can prove that we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, including those made by using an online banking Password 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 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 (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you believe that your Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call 888-362-7621; or write to us at Rocky Mountain Bank, PO Box 938, Jackson, WY 83001.
- In Case of Errors or Questions about Your Electronic Transfers. Telephone us at 888-362-762; or write to us at Rocky Mountain Bank, PO Box 938, Jackson, WY 83001 as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number.
- Describe the error or 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 or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (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 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 for the amount you think is in error, so that you will have the 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 a notice or error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, we may take up to ninety (90) days to investigate your complaint or question, and we may take up to twenty (20) business days to credit your account for the amount you think is in error.
We will tell you the results within three (3) 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 that we used in our investigation.
- Our Liability for Failure to Make Transfers. This section explains our liability to you only to the extent that any other agreements, notices, or disclosures have not separately disclosed our liability. Under no circumstances will Rocky Mountain Bank be liable to you for failure to provide access to your Online Banking or Bill Payment services accounts. You agree to access your accounts by other available means if the Services are not available. If we do not complete a transfer to or from your account on time or in the correct amount according to this Agreement with you and when properly instructed to do so by 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 the Bank, 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 the transfer would go over the credit limit on your overdraft line.
- If the system was not working properly and you knew about the breakdown when you started the transfer.
- If circumstances beyond the Bank's control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevent the transaction, despite reasonable precautions that we have taken.
- If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
- If you have not properly followed the instructions on how to make a transfer included in this Agreement.
- If you make a transfer request that is a duplicate of another transfer request you made.
- If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
- If there has been a delay in mail delivery.
- If the payee fails to accept or fails to correctly account for or credit the payment in a timely manner.
- There may be other exceptions stated in our agreement with you.
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.
Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking or Bill Payment account.
Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an Internet browser provider such as Safari (Apple Safari browser) or Internet Explorer (Microsoft Internet Explorer browser), by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Bill Payment account.
General Terms and Conditions
- Bank Agreements. In addition to this Agreement, you and the Bank agree to be bound by and comply with the requirements of all agreements, fee schedules, and disclosures applicable to each of your Online Accounts and provided at the time of account opening and as modified from time to time. These agreements apply to all transactions made on your accounts using the Services. Your use of the Online Banking service or the Bill Payment service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you opened your accounts at Rocky Mountain Bank including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee descriptions contained in this Agreement. We will automatically deduct the fees related to the Services from your Online Account each month.
- Changes and Modifications. Rocky Mountain Bank may modify the terms and conditions applicable to the Services from time to time. We will comply with any notice requirements under applicable law for such changes. If we modify this Agreement, your continued use of the Services will constitute your acceptance of such changes in each instance.
We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time. We will comply with any notice requirements under applicable law for such termination. If we terminate this Agreement, no further transfers or payments will be made, including but not limited to any transfers or payments scheduled in advance or any pre-authorized, recurring transfers or payments.
- Assignment. We may assign this Agreement to an affiliate of Rocky Mountain Bank or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent.
- Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically, and you will be deemed to have received it three (3) calendar days after it is sent. Notices delivered to you by mail will be effective when mailed to your last known address on our records.
- Disclosure of Information. We will disclose information to third parties about your account or the transfers you make:
- To complete transfers as necessary;
- To verify the existence and condition of your account upon the request of a third party, such as a credit bureau or merchant; or
- To comply with government agency or court orders; or
- To Bank affiliated companies unless you opt out; or
- If you give us your written permission
Governing Law. This Agreement is governed by the laws of the State of Wyoming and applicable federal law