Electronic Banking Agreement

Electronic Banking Agreement


Effective DECEMBER 21, 2017

 

This Electronic Banking Agreement (the “Agreement”) governs your use of the Two Rivers Bank’s Electronic Banking (the “Service”). By subscribing to the Service you agree to the terms of the Agreement. Please read this Agreement carefully and keep a copy for future reference. By clicking “I agree” or using our Electronic services, you are agreeing to this Electronic Banking Agreement.

Definitions The words you and your refer to either and all of the persons subscribing to or using the Service. The words we, us and our refer to Two Rivers Bank.
Hours of Operation You ordinarily can participate in our Electronic Banking 24 hours a day – 7 days a week. However, we reserve the right to suspend our Service from time to time as we deem necessary. All times noted throughout this document are Central Time (CT).
Transaction Posting Transactions between Two Rivers Bank accounts entered in the Service on or before 5:00 pm on any business day will be posted on the same day. Transactions between Two Rivers Bank accounts entered in the Service on weekends, federal holidays or after 5:00 pm on a business day will be posted by the end of the next business day.
The Service You may use the Service through an internet or mobile connection to obtain account balances and transaction information. You may also use the Service to obtain statements on your accounts, view activity and to transfer money between your accounts. However, transfers from your savings and money market accounts are considered pre-authorized transfers and pre-authorized transfers are limited to six (6) pre-authorized withdrawals each monthly statement period, of which may be by check, draft, debit card or similar order made to third parties. Examples of transactions that fall within the six per month limitation are ACH debits and transfers from your savings and money market at the telephone request of the customer made directly to a bank employee, checks payable to third parties, online transfers and transactions made with an ATM/Debit (point-of-sale) card. Examples of unlimited transactions are pre-authorized transfers for the purpose of paying loans at the same institution, transfers or withdrawals made by mail, messenger, ATM or in person (withdrawals and transfers made to another account of the depositor at the same institution), and withdrawals initiated by telephone and consummated by a check mailed to the depositor.
Equipment You are responsible for obtaining, installing, maintaining and operating all electronic equipment used through the Service. Except as otherwise provided in this Agreement, or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by the Service or the use thereof or arising in any way out of the installation, operation or maintenance of your electronic equipment.
Access and Agreement. You agree that, when you use the Service, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile or internet service providers 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 this Service, and you agree to be solely responsible for all such fees, limitations and restrictions. Neither Two Rivers Bank nor any of our service providers assume responsibility for the operation, security, functionality or availability of any related network, wireless device or mobile network which you may utilize to access this Service.
Username and Password During enrollment you will create a User Name and Password specific to you. The User Name must be four (4) to twenty (20) characters in length, with one alpha and one numeric character required. Your password must be eight (8) to fifty (50) characters in length, with one uppercase alpha, one lowercase alpha, one numeric and one special character. You authorize us to follow any instructions entered through the Service using your User Name and Password. Because your User name and Password can be used to access funds in your accounts, you should treat them with the same degree of care and secrecy that you use to protect your ATM Personal Identification Number (PIN) or other sensitive personal financial data. You agree not to give your User Name or Password, or make them available to any person not authorized to access your accounts. If you permit other persons to use your login credentials, you are responsible for any transactions they authorize.
Enhanced Login Security As a user of this Service you will be required to be enrolled in the Enhanced Login Security. Enhanced Login Security is an electronic security feature that will provide you additional protection from fraud and identity theft. Enhanced Login Security identifies you as the true owner of your accounts by recognizing not only your password, but also electronic equipment you login from regularly. If you are not recognized, you will be asked for information that only you know before being allowed access.
Liability for Failure to Make Transfers We will process and complete all transfers properly initiated through the Service in accordance with the terms of this Agreement. If we do not complete a transfer to or from your account or in the correct amount under the terms of this Agreement, we will be liable for your damages which are directly caused by our failure to correctly complete such transfers. However, we will not be liable if:
  • Through no fault of ours, you do not have enough money in your account to make the transfer.
  • Your PC, Internet Service, telephone/mobile service or the Service is not working properly and you knew about the malfunction when you started the transfer.
  • Circumstances beyond our control (such as fire, flood or delay in the U.S. Mail) prevent the proper completion of the transaction despite reasonable precautions by us to avoid these circumstances.
  • Funds in your account are subject to legal process or encumbrance restricting transfer.
  • The transfer was requested after the posted cut-off time of 5:00 pm.
Fees The basic Electronic Banking service is free. Please refer to our published fee schedule for details.
Notice of Your Rights and Liabilities We reserve the right to modify the Service at any time. You will be responsible for determining how to use the application. We will not be liable for any such loss incurred by improper use of the Service. Tell us AT ONCE if you believe your User Name or Password has been lost or stolen, otherwise, you are subject to loss of funds in your account. Telephoning is the best and fastest way of keeping your possible losses down. If you tell us within two (2) business days after you learn of the loss or theft of your User Name or Password you can lose no more than $50 if someone uses your User Name or Password without your permission. If you do NOT tell use within two (2) business days after you learn of the loss or theft of your User Name or Password, and we prove we could have stopped someone from using your User Name or Password without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers or payments you did not make or authorize, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you or was provided electronically, you may not get back any money you lost after the sixty (60) days if we can prove we could have stopped someone from taking the money if you had told us in time.

You agree that if you give a sub-user access or your PIN or Password to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use the Service.
Error Resolution Notice In case of errors or questions about your electronic transfers, contact us at the telephone number, mailing address or email listed below, 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 sixty (60) days after we mailed you, or provided electronically to you, the FIRST statement on which the problem or error appeared.

Telephone Two Rivers Bank, Customer Service:
  • Main Bank - Blair (402) 426-9500
  • Branch - Arlington (402) 478-4114
or write us:
Two Rivers Bank
Online Banking
P.O. Box 550
Blair, NE 68008
or Email Us
  • Tell us your name and account number (do not include account number if e-mailing).
  • Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell use 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 (20 business days if your account is within 30 days after the first deposit to the account) after we hear from you and will correct any error promptly. If we need more time, we may take up to forty-five (45) days (90 days if the transfer involved a point-of-sale transaction, a foreign initiated transfer or if you account is within 30 days after the first deposit to the account) to investigate your complaint or question. If we decide to do this, we will provisionally re-credit your account within ten (10) business days (20 business days if your account is within 30 days after the first deposit to the account) 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 do not receive it within ten (10) business days, we may not re-credit your account.

We will notify of the results within three (3) business days after we finish our investigation. If we decide that there was no error, we will send you a written explanation of our findings. You may ask for copies of documents that we used in our investigation.
Confidentiality We may disclose information to third parties about your account or the transactions you make:
  • Where it is necessary for completing transfers; or
  • In order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant; or
  • In order to comply with a governmental agency or court orders; or
  • In response to a garnishment, levy or subpoena; or
  • If you give us your written permission; or
  • As explained in our separate privacy disclosure.
Termination You may terminate your use of the Service at any time by calling Two Rivers Bank at 402-426-9500 (Blair) or 402-478-4114 (Arlington). You may be asked to provide the request for cancellation in writing within ten (10) days. We may terminate your use of the Service at any time without prior notice. Your access to the Service will be terminated automatically if your account is closed, access to your account is restricted for any reason, or if you have not accessed the Service within the past six (6) months. Termination will not affect your liability or obligations under this Agreement.
Entire Agreement This is the complete and exclusive agreement between you and Two Rivers Bank related to the Service and supplements any other agreement or disclosure related to your account. In the event of a conflict between this Agreement and any of the agreements or disclosures related to your account or any statement by our employees or agents, this Agreement shall control.
Waivers No delay or omission by Two Rivers Bank in exercising any rights or remedies there under shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise thereof or the exercise of any other right or remedy. No waiver shall be valid unless in writing and signed by Two Rivers Bank.
Assignment You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties.
Governing Law This Agreement shall be governed by and construed in accordance with the laws of Nebraska, without regard to that state’s conflicts of law provision.
Amendments We can change these terms by giving you notice as required by law. Continued use of our Service by you after notice of a change in terms constitutes acceptance of the change.