Before signing up for online banking and bill pay you must first read the agreement and click “I Agree” at the bottom of the page.
This Business Online Banking and Bill Payment Terms and Conditions (“Agreement”) applies to the business online banking services provided by Wray State Bank (the “Online Banking Service”) and the bill payment services provided by Wray State Bank through CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc . (the “Bill Payment Service”; together with the Online Banking Service, the “Services”). The terms “you” and “your” refer to each depositor on an account accessible by the Services, and the terms “us,” “we,” and “our” refers to Wray State Bank which includes its branches in Windsor and Brush. “Customer Service” means Wray State Bank and branches: Wray (970)332-4111, Windsor (970)674-1488, Brush (970)840-3090. You must abide by the terms and conditions of this Agreement and those provided to you at account opening, in order to use this Online Banking Service. This Agreement applies to all persons that are parties to the accounts.
I. Online Banking Service
Enrollment/Application Forms. On June 30, 2000, Congress enacted the Electronic Signatures in Global and National Commerce Act (E-Sign Act) to ensure the legality of electronic contracts. Before obtaining products or services electronically please read this agreement carefully and keep a copy for your records. To establish the Online Banking Service, you must agree to the conditions of this and other documents evidencing your desire to access your accounts using the Online Banking Service. The specific services available to you are identified in this Agreement. Your acknowledgement of this agreement constitutes your acceptance of its terms.
Accounts Accessible. You will automatically be able to access any account through the Online Banking Service in the name of the business and you may have access to personal accounts if you choose and we agree to grant access. You may not have access, or access may be limited to inquiry only, for any account where you are an attorney-if-fact, trustee, guardian, conservator, representative payee, etc.
Hardware/Software. You are responsible for selecting all systems, hardware and your Internet Service provider and for any defect, malfunction or interruption in service or security due to hardware failure, your choice of Internet Service provider and systems and computer services. You are solely responsible for the purchase, hook-up, installation, loading, operation and maintenance of all hardware, software and related costs.
We are not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PC and diskettes using a reliable virus product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files or hardware. Additionally, you may unintentionally transmit the virus to other computers.
Username and Password. You will be required to select a Username and Password for your Online Banking account during enrollment. The Username must be at least 5 and 19 characters in length, all lowercase and no spaces. The Password must be between 8 and 17 characters in length with at least one uppercase and at least one number. For added protection, you will be required to change your password periodically. You can change your password at any time and it is recommended that you change it every 180 days.
We are not responsible for access provided to employees and other interest parties. We will use reasonable care in establishing employee access in accordance with your request but you are responsible for verifying access has been granted appropriately. Employees and other interest parties with access to the Online Banking Service are subject to all terms and conditions. You are responsible for notifying the bank when employee access should be terminated and understand that failure to remove the employee may result in monetary loss. The bank is not liable for any losses incurred.
Enhanced Security. This security feature is designed to protect the privacy and security of your personal information. You will be required to establish security questions during your initial login. The challenge questions/answers are used to identify you and prevent unauthorized access to your information. Registering the computer(s) you normally use to access your information provides additional security to verify your identity. You may register more than one computer. Do not register the computer when you are accessing your accounts from a computer used for a one-time access, such as from an Internet café or library.
Your Responsibility. The security questions and password have the same effect as your signature authorizing transactions. You agree to safely keep the security questions and password, not to record the security questions and password or otherwise disclose or make the security questions and password available to anyone. Anyone to whom you disclose your security questions and password and anyone who has access to your security questions and password will have full access to the services you can perform on the Online Banking Service, including full access to your accounts. You have no ability to limit any such person’s authority. If anyone uses your security questions and password with your permission, you will be responsible for any transactions performed by that person. No bank employee will ever call and ask for your Username, Password or the answers to your security questions.
Contact in the Event of Unauthorized Access. Tell us at once if you believe your security questions or password has been lost, stolen or otherwise become available to an unauthorized person. Telephoning is the best way of keeping your possible losses down. You may also restore the security of your Online Banking Service by immediately changing your Password. You may contact any of our locations:
Wray State Bank
PO Box 277
Wray, CO 80758
Windsor State Bank
1130 Main St
Windsor, CO 80550
Brush State Bank
PO Box 407
Brush, CO 80723
Business Days. Our business days are Monday through Friday excluding holidays. We can process a fund transfer on the same business day as your instructions, if we receive your instructions before our Online Banking Service cut-off hour of 4:00 p.m. Mountain Time on a business day. If we receive your instruction after the end of our business day, we process the transaction on our next business day.
Functions. Using our Online Banking Service, you can perform all of the functions listed below, in connection with the accounts covered by this agreement:
Stop Payment Orders. You may place stop payment orders on checks using the Online Banking Service. When placing a stop payment order, you agree to indemnify us and hold us harmless for all losses incurred by us due to our refusal to pay the check. You acknowledge that, under the law, there are some situations where a check can be enforced against you even though you ordered us to stop payment. In such instances, we will not be liable to you for refusing to enforce your stop payment order. We will not have a duty to stop payment until you have given us the number, the exact amount of the item and the name of the payee. In addition, we must have had a reasonable opportunity to act on your stop payment order prior to the earlier of our payment of it or one hour after the opening of the next business day after the business day we received it. The information we require you to submit in connection with your stop payment order must be exactly correct to enable our computer system to match the payment to be stopped to your stop payment order.
A stop payment order on a check is effective for six months unless you renew the notice in writing within that time, in which case the stop payment order will be effective for an additional six month period. At our option, we may continue stop payment orders beyond these time periods unless cancelled by you. Stop payment orders received after regular business hours or on a holiday shall be deemed received at the opening of business on the next business day.
If we pay an item despite your timely stop payment order, the following rules will apply: (a) you will have to prove to us that you have suffered a loss and, if so, the amount of the loss; (b) we will be able to enforce any rights that the original payee or any other person who held the check had against you; (c) we will not re-credit your account until you prove your loss and we are satisfied that we are required by law to do so; and (d) if we re-credit your account, you agree to sign a statement describing the dispute with the payee or other holder of the check, to transfer to us all of your rights against the payee or other holder of the check, and to assist us in legal action taken against that person. A stop payment order will be released only upon written request from the account owner who authorized the stop payment order to be placed.
Electronic Mail (E-mail) (If available). If you send us an electronic mail message through the Online Banking Service, it will be deemed to have been received on the following Business Day. E-mails will be answered within a reasonable timeframe. You should not rely on electronic mail if you need to communicate with us immediately (e.g., 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). You agree that the bank may respond to you by electronic mail with regard to any matter related to the Online Banking Service, including responding to any claim of unauthorized electronic funds transfer you make. Any such electronic mail sent to you by us shall be considered received within three (3) days of the date sent, regardless of whether or not you sign on to the Online Banking Service within that time frame.
Canceling Funds Transfers. You may cancel or change a pending funds transfer by selecting and accurately completing the appropriate fields from the transfer menu. Any instruction to cancel or change a transfer must be received prior to the day the transaction is scheduled to be processed. If we don’t receive your complete and accurate instruction identifying a funds transfer or payment prior to that time, we may process the transaction.
Overdrafts. When you schedule a funds transfer using the Online Banking Service, you authorize us to withdraw the necessary funds from your account with us. We deduct the amount of your funds transfer from your account on the date we process your instruction. Each instruction to us to withdraw or transfer from an account is an order to us to pay from that account at that time or on a later date, if any, indicated in the instruction. We may charge payments against the account even though the charge creates an overdraft, or we may refuse to make payments if the charge creates an overdraft. If you overdraw your account, you agree to immediately pay us the overdrawn amount, together with any applicable fees. If the account is maintained in connection with an overdraft credit plan, any overdraft will be made in accordance with the agreement or rules governing that account rather than this Agreement.
Fees. We offer the benefits and convenience of the Online Banking Service at no monthly charge. Other items such as account research, stop payment charges and Bill Pay Services will be assessed at the rates published in our current fee schedule and will be deducted from your account. These fees are subject to change. We will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes.
Our Liability for Failure to Make Transfers. If you have given us all of the proper and timely instructions and have properly completed all fields to complete a transfer, and we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, subject to the limitations contained in this Agreement, we will be liable for your losses or damages proximately caused by our failure. However, there are some exceptions. We will not be liable, for instance:
NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, UNLESS OTHERWISE PROHIBITED BY LAW, OUR SOLE RESPONSIBILITY FOR AN ERROR BY US OR OUR THIRD PARTY PROVIDER IN TRANSFERRING FUNDS TO CORRECT THE ERROR [AND PAY ANY PENALTIES AND ASSOCIATED LATE CHARGES TO THE PAYEE], BUT IN NO CASE WILL THE BANK BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR IN ANY WAY RELATED TO THE ONLINE BANKING SERVICE.
Bank Responsibility. We agree to make reasonable efforts to ensure full performance of the Online Banking Service. Any information you receive from us is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. We are 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.
Inactivity/Termination. We may modify, suspend or terminate your privilege of using the Online Banking Service (including the Bill Payment Service) and may withhold approval of any transaction, at any time, without prior notice to you. In the event we terminate the Online Banking Service, we will try to notify you in advance but are not required to do so. You will be notified as soon as practicable. Any one person who can use the account accessible with the Online Banking Service may terminate the Online Banking Service. Termination shall not affect the rights and obligations of the parties for transactions made with the Online Banking Service before we have had a reasonable time to respond to your termination request.
We may convert your account to inactive status if you do not sign on to the Online Banking Service or have any transaction scheduled through the Online Banking Service during any consecutive 365-day period. If your account is considered inactive, you must contact us to have the Online Banking Service activated before you will be able to schedule any transaction through the Online Banking Service.
Third Parties. You understand that support and services relating to the Online Banking Service are provided by third parties other than us, and you authorize us to contract with third parties to provide such support and service.
Amendment. We may amend this Agreement at any time upon mailing or delivering a notice to you at the address shown on our account records. We may send the notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. Amendments will be effective at the earliest date allowed by applicable law. Your continued use of the Online Banking Service shall constitute your agreement to such changes. We reserve the right to terminate this Agreement and your use of the Online Banking Service in whole or in part at any time without prior notice.
General. This Agreement is intended to supplement and not to replace other agreements between you and us relating to your accounts, including, without limitation, our Deposit Account Rules. In the event of a conflict between this Agreement and any other account rules and agreements that apply to your accounts, this Agreement shall govern and prevail.
II. Bill Payment Service
“Biller” is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
“Payment Instruction” is the information provided by you to the Bill Payment Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
“Payment Account” is the checking account from which bill payments will be debited.
“Billing Account” is the checking account from which all Bill Payment Service fees will be automatically debited.
“Business Day” is every Monday through Friday, excluding Federal Reserve holidays.
“Scheduled Payment Date” is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
“Due Date” is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.
“Scheduled Payment” is a payment that has been scheduled through the Bill Payment Service but has not begun processing.
Payment Scheduling. The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest -possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.
The Bill Payment Service Guarantee. Due to circumstances beyond the control of the Bill Payment Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Bill Payment Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Payment Scheduling” in this Agreement.
Payment Authorization and Payment Remittance. By providing the Bill Payment Service with names and account information of Billers to whom you wish to direct payments, you authorize the Bill Payment Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Bill Payment Service may edit or alter payment data or data formats in accordance with Biller directives.
When the Bill Payment Service receives a Payment Instruction, you authorize the Bill Payment Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Bill Payment Service to credit your Payment Account for payments returned to the Bill Payment Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Bill Payment Service.
The Bill Payment Service will use its best efforts to make all your payments properly. However, the Bill Payment Service shall incur no liability and any Bill Payment Service Guarantee shall be void if the Bill Payment Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
Provided none of the foregoing exceptions are applicable, if the Bill Payment Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Bill Payment Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
Payment Methods. The Bill Payment Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment. (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).
Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Bill Payment Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
Stop Payment Requests. The Bill Payment Service’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Bill Payment Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Bill Payment Service will make every effort to accommodate your request, the Bill Payment Service will have no liability for failing to do so. The Bill Payment Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
Prohibited Payments. Payments to Billers outside of the United States or its territories are prohibited through the Bill Payment Service.
Exception Payments. Tax payments and court ordered payments may be scheduled through the Bill Payment Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Bill Payment Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Bill Payment Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Bill Payment Service. The Bill Payment Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Bill Payment Service.
Bill Delivery and Presentment. This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Bill Payment Service’s electronic bill options, you also agree to the following:
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
Exclusions of Warranties. THE BILL PAYMENT SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Password and Security. You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Bill Payment Service. If you permit other persons to use the Bill Payment Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Bill Payment Service without your consent or has transferred money without your permission, you must notify the Bill Payment Service at once by calling Customer Service.
Errors and Questions. In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:
If you think your statement is incorrect or you need more information about a Bill Payment Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
Disclosure of Account Information to Third Parties. It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
Bill Payment Service Fees and Additional Charges. Any applicable fees will be charged regardless of whether the Bill Payment Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Bill Payment Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
Failed or Returned Transactions. In using the Bill Payment Service, you are requesting the Bill Payment Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Bill Payment Service. In such case, you agree that:
Alterations and Amendments. This Agreement, applicable fees, and service charges may be altered or amended by the Bill Payment Service from time to time. In such event, the Bill Payment Service shall provide notice to you. Any use of the Bill Payment Service after the Bill Payment Service provides you a notice of change will constitute your agreement to such change(s). Further, the Bill Payment Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Bill Payment Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Bill Payment Service’s more recent revisions and updates. In addition, as part of the Bill Payment Service, you agree to receive all legally required notifications via electronic means.
Address or Banking Changes. It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application’s Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Bill Payment Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
Bill Payment Service Termination, Cancellation, or Suspension. In the event you wish to cancel the Bill Payment Service, please contact Customer Service via one of the following:
Any payment(s) the Bill Payment Service has already processed before the requested cancellation date will be completed by the Bill Payment Service. All Scheduled Payments including recurring payments will not be processed once the Bill Payment Service is cancelled. The Bill Payment Service may terminate or suspend Bill Payment Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Biller Limitation. The Bill Payment Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Bill Payment Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
Returned Payments. In using the Bill Payment Service, you understand that Billers and/or the United States Postal Service may return payments to the Bill Payment Service for various reasons such as, but not limited to, Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Bill Payment Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Bill Payment Service.
Information Authorization. Your enrollment in the Bill Payment Service may not be fulfilled if the Bill Payment Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Bill Payment Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. Through your enrollment in the Bill Payment Service, you agree that the Bill Payment Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Bill Payment Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).
Disputes. In the event of a dispute regarding the Bill Payment Service, you and the Bill Payment Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Bill Payment Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Bill Payment Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Bill Payment Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.
Assignment. You may not assign this Agreement to any other party. The Bill Payment Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Bill Payment Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
No Waiver. The Bill Payment Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Bill Payment Service. No delay or omission on the part of the Bill Payment Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Captions. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
THE FOREGOING SHALL CONSTITUTE THE BILL PAYMENT SERVICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE BILL PAYMENT SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE BILL PAYMENT SERVICE.
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