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This Online Banking and Bill Payment Agreement describe your rights and obligations as a user of the Online Banking service and/or the Bill Payment service ("Services"). It also describes the rights and obligations of RiverWind Bank ("Bank"). Please read this Agreement carefully. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement.
The following definitions apply in this Agreement:
The Bank will provide instructions on how to use the Online Banking and Bill payment Services. You will gain access to your Online Accounts through the use of your Internet-enabled device, your ISP, your Password and your User ID. You may access your Online Accounts 24 hours a day, seven (7) days a week. However, availability of the Services may be suspended for brief
periods of time for purposes of maintenance, updating and revising the software.
For purposes of transactions, the Bank's business days are Monday through Friday, excluding holidays and weekends. All Online Banking transaction requests received after 5:00 p.m. on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day.
The Bank's business day begins at 9:00 a.m.
NOTE: Because regulations require the Bank to limit preauthorized transfers (including Online Banking transfers), the following limitations apply:
You can make no more than six (6) transfers per statement period by preauthorized or automatic transfer or by telephone or Online Banking.
You can make no more than six (6) transfers per statement period by preauthorized or automatic transfer or by telephone or Online Banking. Please note: If there are not sufficient funds in the account, we cannot complete this transfer. However, future recurring transfers will not be impacted.
The Bank offers the benefits and convenience of the Online Banking Service to you free. There is no charge for the Bill Payment Service.
Service Charges may be assessed if you request one or more of the services listed below. Please contact RiverWind Bank for details.
Additional Charges for Customer requested Services and Other Items
The Online Statement feature will not be enabled until this disclosure is accepted.
Electronic Statement Disclosure
Authorization and Agreement to Receive Electronic Statements
This disclosure and agreement contains important information about RiverWind Bank’s eStatement product, also referred to as e Statements. You should keep a copy of this for your records.
At the end of this disclosure, we will ask you to accept periodic deposit account statements and disclosures in an electronic format rather than a paper format. Please read and consider the following information. Then, if you agree, you can click the "I Agree" button at the end of this disclosure agreement.
eStatements are securely available online for 24 months. Check images are also securely available online for 24 months. Both eStatements and check images may be downloaded or printed for permanent retention.
You can download or print eStatements or check copies from your computer if you have the hardware and software described below. You can also save copies to your hard drive or other media for viewing and printing at a later time.
Enrolling for eStatements
You may enroll for eStatements as part of the Online Banking enrollment process, or you can "opt‐in" at any time by accessing the eStatement page within the Online Banking Service.
When you choose to receive eStatements, all deposit accounts that are enrolled in Online Banking will
be enrolled in eStatement. You should also understand that for accounts with multiple owners, only one
account owner need enroll an account in the service. In accordance with the terms of your depository
account agreement, all account owners will be bound by the decision of the account holder who enrolls
in or cancels this service.
You understand and agree that even though you have agreed to receive statements electronically, you
may contact the Bank by telephone or E‐mail to request that the Bank send a paper copy of a statement
that has already been sent or is available electronically, and that the Bank may charge a fee for that
service, which will be separately disclosed. You agree that such fee can be deducted from any account
that you own at the Bank.
You may opt‐out of eStatements at any time by contacting the Bank by telephone or E‐mail. If you optout of eStatements, we will resume delivery of your paper statements by U.S. Mail.
Hardware and Software Requirements
Prior to enrolling for eStatements, verify that you have the following required hardware and software:
We may revise hardware and software requirements, and if there is a material chance that the changes
may impact your ability to access eStatements, we will notify you of these changes in advance and
provide you an opportunity to change your method of receiving disclosures (e.g. change to paper format
vs. and electronic format) without the imposition of any fees.
Acceptance of eStatements and eDisclosures
By clicking on the "I Agree" button below, I hereby request and agree to receive eStatements. Each
statement will remain available online for at least 12 months.
I agree that I have the necessary equipment for accessing and viewing eStatements. I may also print the
statements or download to my system.
I understand that in the event I experience technical difficulties or have questions regarding
eStatements or disclosures I can contact the Online Banking Department by telephone or email.
I understand and acknowledge that I presently have the right to receive such statements and disclosures
in paper form, and that I may revoke this Agreement at any time by calling the Bank or by sending notice
electronically in an email to RiverWind Bank email@example.com or in writing mailed to
RiverWind Bank, Attention: Online Banking Department, P O Box 120, Augusta, AR 72006 at which time I
will again be entitled to receive such statements and disclosures in paper form at applicable fee per
I understand that the Bank, as part of my Online Banking agreement, I will need an Access ID and
Passcode to electronically access online banking and my statement and disclosures. I agree to keep my
Access ID secret, not to store it on my PC and to notify the Online Banking Department by telephone or
email if I believe that someone has learned the Access ID or that it has been compromised in any way.
I understand and agree that the Bank retains the right, to the extent permitted by law, to amend this
agreement in the future by providing me with written notice of such changes sent to my last known
mailing address or by providing electronic notice of such changes sent to my last known email address.
In the future, should the Bank, by law or regulation, be permitted to deliver additional notices or
disclosures to which I am entitled, I hereby agree to receive such notices or disclosures in electronic
format sent to my last known email address.
I understand that I may receive one statement in the mail after today's date, and then I will no longer
receive a paper copy delivered by mail. Also, I understand that once my account has been converted to
electronic statement delivery pursuant to this agreement, I will no longer receive paper images or my
cancelled checks but I will be able to access check images as part of my monthly/periodic electronic
I acknowledge that under applicable law and my Deposit Account Terms and Conditions, I have certain
time limits to review my bank statement and accompanying check images to report any forgeries,
alterations, errors, or any other unauthorized withdrawal or transactions to the Bank and that my use of
the Service will not alter or amend any of those limits. I agree that any time limits for reporting these
matters will commence on the day that my eStatement is made available for review.
Use of this service is subject to all applicable federal, state, and local laws and regulations, and
unauthorized use of the service is strictly forbidden.
By clicking "I Agree" below, I also agree to the terms and conditions of this Agreement.
IMPORTANT: PLEASE PRINT AND RETAIN THIS AGREEMENT FOR YOUR RECORDS.
You are responsible for keeping your password and Online Account information confidential. In
order to protect yourself against fraud, you should adhere to the following guidelines:
If you believe your password has been lost or stolen, or if you suspect any fraudulent activity on your account, call the Bank immediately at 870-347-2511 between the hours of 9:00 A.m. to 4:00 p.m., Monday through Friday. Telephoning the Bank is the best way of minimizing your losses and liability. (See; Section XII)
If you believe your Password has been lost or stolen, please use the Password change feature within the Online Banking section of the Web site to change your Password.
If you send the Bank an e-mail message, the Bank will be deemed to have received it on the following business day. You should 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.
NOTE: E-mail transmissions outside of the Online Banking site 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. If you wish to contact us electronically, please use the "Secure Email Form" under the Online Forms tab in our Online Banking site. Use this secure form to e-mail the Bank regarding inquiries about an electronic funds transfer error resolution, reporting unauthorized transactions, or contacting the Bank regarding other concerns of a confidential nature.
A. 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 primary checking account. 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 checking account that you designate as your Bill Payment Account for the Bill Payment Service. 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.
B. 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.
You may choose to schedule payments to recur in the same amount at regular weekly, monthly, or semi-monthly intervals. When you create a new payee in the Bill Payment Service, it takes two (2) business days to set up the payee to receive payments. You should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow us 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 Automatic 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 payment is not received by the payee in a timely manner, the Bank will use its best efforts to work with the payee on the customer’s behalf, but will not assume any responsibility of payment in the event that the payee is unwilling to reverse the charges.
C. No Duty to Monitor Payments. The 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 for any of the following reasons:
If the session during which you schedule a payment or transfer ends by 2:00 p.m., 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.
If your Bill Payment Account does not have sufficient funds to make a payment as of the date the payment is debited to your account, the Bill Payment Service will automatically 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 contacting the Service at 870-347-2511 to either make alternate arrangements for the payment or reschedule the payment through the Service. In the case of fixed payments, only the payment currently scheduled will be impacted. Fixed payments scheduled for future dates will not be affected.
D. Cancel or Change Payment Instructions. Payments must be changed or canceled using the Service the day before the business day the transaction is scheduled to be initiated and prior to the status being changed. 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 of $25.75. Stop payment orders
whether oral, written, or electronic, will be in effect for a period of six (6) months. If requested by the Bank, you will confirm any stop payment order in writing. After six (6) months, any stop payment will terminate and must be renewed in order to continue in effect. The Bank may pay any item that is presented following the lapse of any stop payment order.
E. 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.
A. Stop Payment Feature
The stop payment feature within the Service should NOT be used to cancel transfers and bill payments.
The stop payment feature within the Service is only for stopping checks that you have written from your account. The Stop Payment feature is not valid for electronic activity. Please contact a customer service representative for any questions or issues pertaining to electronic activity such as ATM/Debit cards or ACH. The stop payment feature should not be used for online transfers or bill payments. This feature is accessible in the "Stop Payment" tab and provides a means to securely forward your stop payment request to us via e-mail for processing.
Stop payment request received through the secure e-mail feature will generally be processed within one to two Business Days. Therefore, if your request is urgent, we recommend that you contact a customer service representative directly via telephone or in person.
There is typically a stop payment fee associated with this feature. Please refer to our fee schedule for additional information of fees and service charges associated with stop payments. Additional terms of acceptance or disclosures may apply on the stop payment services and these disclosures will be at the time you complete the request.
B. Check Reorder, Address Changes, Order Documents
Additional features within the Service include: check reorder, secure e-mails for address changes, document requests. The submission of request, such as those for address changes, document requests, or check reorders, will generate a secure e-mail to this financial institution. Generally, request received through the secure email feature of the Service will be processed within one (1) or two (2) Business Days. For urgent request, we recommend that you contact our customer service department.
C. External Email Notifications
You have the option to receive an email notification on all your accounts set up within the system. These notifications range from receiving an email when your account is overdrawn, when your balance goes above or below an amount specified by you, when a certain check #(s) has cleared, when deposit’s above the amount specified have posted, or when transactions above the amount specified have posted.
All accounts with the 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:
If you are a business, any authorized user of your business is authorized on such terms, conditions, and agreements as we may require to:
A. Term. This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions.
B. Termination for Cause. We may immediately terminate your electronic banking privileges (including the Bill Payment Service) without notice to you under the following circumstances:
C. you do not pay any fee required by this Agreement when due or
D. you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing.
We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.
E. Termination for Convenience. To terminate this Agreement, you must notify the Bank and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). When Bill Payment is terminated, any prescheduled bill payments
made through Online Banking will also be terminated. 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:
Bank, Attention: Online Banking, P O Box 120, Augusta, AR 72006 or giving it to a Customer Service Representative at any of the Bank's locations.
If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 90-day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.
A. 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.
B. Your Liability. The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:
C. Telephone Numbers and Addresses. In case of errors or questions regarding an Online Banking or Bill Payment transaction, call (870)347-2511 or write us at: RiverWind Bank, Attn: Electronic Banking Services Department, P O Box 120, Augusta, AR 72006.
We must hear from you at the telephone number or address, listed above, no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need:
A. Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and Bill Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence.
We will not be liable to you in the following instances:
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.
B. 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.
C. 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 Netscape (Netscape Navigator browser) or Microsoft (Microsoft 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.
D. Virus Protection. The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
A. Bank Agreements. In addition to this Agreement, you and the Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. 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 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 schedule contained in this Agreement. We will automatically deduct the fees related to this Service from your Bill Payment Account each month.
B. Changes and Modifications. The Bank may modify the terms and conditions applicable to the Services from time to time. We may send any notice to you via e-mail and you will be deemed to have received it three days after it is sent. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice subject to provisions in Part XII.
C. Assignment. We may assign this Agreement to an affiliate of the 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.
D. Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically.
E. Disclosure of Information. We will only disclose information to third parties about your account or transfers you make under the following circumstances:
F. Governing Law. This Agreement is governed by the laws of the State of Arkansas and applicable federal law.
Proceed with Enrollment for the Service.
By clicking on the "Accept" button you are acknowledging that you have read and agree to the terms and conditions of the Agreement and would like to proceed with the online registration.
(If you do not agree, choose the "Decline" button.
If you click "Decline" you can still enroll in our Online Banking and bill payment services at a later time; but you bill be asked to accept the above "Terms and Conditions"
100 S. Second St