Online Banking Agreement

Through Online Banking, you can manage eligible accounts from your home or office on a personal computer.

Subject to limitations discussed below and on Online Banking screens, you may use Online Banking to:

• View current balance information for your linked Gunnison Bank checking, money market, savings, CD, IRA, line of credit, mortgage or loan accounts.
• Review cleared and pending transactions for your linked checking, money market deposit, and savings accounts.
• Transfer funds between your linked Gunnison Bank accounts, including a payment to a linked loan.
• The above inquiries and transactions are available in real time.
• View check images.
• Request copies of monthly checking or saving statements, and request stop payment on checks.
• Send us secure online mail messages and questions regarding your online banking services
• Change your address.
• Initiate transfers outside of The Gunnison Bank:

(i) transfer funds from your Gunnison Bank deposit account to your External Bank Account, and/or (ii) transfer funds from your External Bank account into your Gunnison Bank deposit account. Each of these types of transfers are called “External Transfers”.

• Initiate wire transfers to a third party account.
• Pay bills to any merchant, financial institution, or an individual with a U.S. address (if you sign up for our bill pay service).
• Commercial customers can initiate payments or receipts using the ACH network and make EFTPS payments.

We may expand or restrict the uses of Online Banking. By using additional services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.

We are strongly committed to protecting the security and confidentiality of our customer accounts information. We use several techniques to help secure our Online Banking service, including the following: *Your account numbers are never displayed in full-only the last 4 digits can be viewed. *You must have a valid Login ID and Password. *If no action is taken for 15 minutes, you will be automatically logged off the Internal Banking service. The length of each online session is limited to 30 minutes. You are required to register your browser every year. The number of times you may register a browser is limited.

You authorize us to follow any instructions entered through online banking using your Login ID and Password. Because your Login ID and Password can be used to access money in your Account(s) and to access information about these Account(s), you should treat your Login ID and Password with the same degree of care and secrecy that you use to protect your ATM Security code and other sensitive financial data. We may ask you to change your Login ID and Password from time to time for security reasons. You agree not to use any language that is abusive, harassing, libelous, defamatory, obscene, or threatening when defining your Login ID or any other personalization of your Account(s).

You agree not to give or make available your Login ID, Password, or account number(s) to any person who is not authorized to access your Account(s). If someone to whom you have granted authority to use your Login ID and Password exceeds such authority, you are fully liable for all transfers and payments made by such person until you have notified us that you have terminated the authority granted to such person and have given us a reasonable period of time to act upon such notice. We may require that you put such notice in writing. Upon receipt of such notice, we may require you to immediately change your Login ID and Password, and to identify the person or persons you believe to have exceeded such authority. You agree to cooperate with us in the investigation and prosecution of any person who has obtained and used your Login ID and Password without your authorization.

You are responsible for all transactions performed using your Password, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your Password will be charged against your account(s).

Upon 3 sequential unsuccessful attempts to use your Password, your access to Online Banking will be revoked. To re-establish your authorization to use Online Banking, you must contact us to have your Password reset.

You understand the importance of your role in preventing misuse of your accounts through Online Banking and you agree to promptly examine your statement for each of your Bank accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your Login Id and Password are intended to provide security against unauthorized entry and access to your accounts. The system uses identification technology to verify that the sender and receiver of Online Banking transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the Online Banking is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing Online Banking, or email transmitted to and from us, will not be monitored or read by others.

Tell us at once if you believe your Login Id and Password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account plus your Ready Reserve available balance. (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within 10 business days).

If you believe your Login ID and Password has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your Login ID and Password without your permission.

If you do not tell us within 2 business days after you learn of the loss or theft of your Login ID and Password, and we can prove that we could have stopped someone from using your Login ID and Password without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 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 hospital stay, kept you from telling us, we may extend the time periods.

If we do not complete a transfer to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable if:

• through no fault of ours, you do not have enough money in your Account to make the transfer or payment.
• the transfer or payment would go over the credit limit of your Ready Reserve account.
• the funds in your Account are subject to legal process or other encumbrance restricting such transfer.
• your account is closed, or has been frozen.
• you, or anyone you allow, commits fraud or violates any law or regulation in connection with Online Banking.
• online banking, your PC, or modem is not working properly and you know about the malfunction when you started the transfer for payment.
• a Payee mishandles or causes delays in handling payments sent by us.
• you have not provided us with the correct Payee name, address, account information, or payment amount.
• circumstances beyond our control prevent the proper completion of the transaction despite reasonable precautions by us to avoid these circumstances. Such circumstances include, but are not limited to, fire, flood, delay in U.S. Mail, interruption in your electrical power or telephone, the disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality, or any defect or malfunction of your PC, operating software, modem, or telephone line.
• you have not properly followed the instructions for using online banking.

The Bill Payment service allows you to schedule bill payments through Online Banking.
Institution does not provide the service directly. Instead, Institution entered into an agreement with a bill payment provider to provide the bill payment services directly to you. Subject to any regulatory or Institution-imposed limitations on usage, you can arrange, at your option, for the payment of your current, future and recurring bills from a checking account. There is no limit to the number of payments that may be authorized and you may pay any merchant or individual approved by the bill payment provider. While payments are initiated by you electronically, they are ultimately paid via an automated clearinghouse (ACH) network or by a paper check. Payments delivered over an ACH network are governed by the rules and performance standards of that network.

By furnishing the names of your payees/merchants and their addresses, you authorize Institution and its bill payment provider to follow the payment instructions you provide for those payees/merchants. When payment instructions are received, funds will be remitted from the selected account, to the appropriate payee on your behalf on the day that you request (“Payment Date”). However, there is no obligation to make requested payments unless your account and/or overdraft protection plan has sufficient funds or credit availability to pay the bill as of the Payment Date. Funds for bill payments will be withdrawn from your account on the applicable Payment Date. When the Bill Payment provider receives notification of any return item, such as NSF or Account Closed, your payment may be cancelled. You may stop or change any scheduled payment, but you must do so by no later than 2:00 p.m. Mountain time on the Payment Date.

Institution and its Bill Payment provider reserve the right, at their discretion, to implement security features to reduce risk of loss. These may include requiring pre-authorized drafts, verifying funds through an ATM network, and separating debits from credits so that payments are not sent until after good funds are received. Institution and its Bill Payment provider also reserve the right to terminate your use of Bill Payment services at any time.

If, for any reason, you should ever wish to cancel Online Banking, we strongly suggest that you cancel all future bill payments at the same time. This will ensure that future payments and transfers made by you will not be duplicated. We will automatically delete any outstanding payments orders (all individual payments and all recurring payments) once we have been notified that your Bill Payment service has been terminated. We will continue to maintain your accounts until you notify us otherwise.

You can usually access On-line Financial Services 7 days a week, 24 hours a day. However, at certain times, some or all of Online Banking or On-line Financial Services may not be available due to system maintenance or reasons beyond Institution’s control. Institution does not warrant that Online Banking or On-line Financial Services will be available at all times. When unavailable, you may use an automated teller machine (“ATM”) or an Institution branch office to conduct your transactions.

Transactions initiated before the following Cut off times (Mountain Standard or Mountain Daylight time) on a banking day will be posted to your account the same day. Transactions posted after that time or on a non-banking day will be processed as indicated below:

If initiated after Cut off:

Note: Stop payments on ACH items cannot be completed online. Today’s request will place a stop payment for 14 calendar days. To extend the stop payment to 6 months, please contact us at 971-641-0320, M-F, 8 a.m.-5 p.m. 

The number of transactions affecting BANK accounts and the amounts that may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

In addition, there are limits on the number of transactions allowed per day and per month.

There are dollar limits on the amount of transactions per account per day and per month as well as limits for all accounts in total per day and per month.

A scheduled transfer date may be set for a future date. A scheduled transfer may be stopped or modified prior to the scheduled transfer date, subject to the restrictions noted on the on-line screen for transfers.

When you, or an authorized user, transmit a transfer instruction via Online Banking, you authorize us to follow the transfer instruction and you authorize us, on the scheduled transfer date, to debit (deduct) the transfer amount from the account listed in the transfer instruction as the account from which funds are to be transferred. You also warrant, in the case of a transfer of funds into the Gunnison Bank, that you have the authority to withdraw funds from the account held at another financial institution.

You are responsible for knowing the impact of a transfer on your account balance (and ready reserve limit). If that account does not, on the scheduled transfer date, have sufficient funds for the transfer, you may incur NSF fees on that account. We are not required to notify you if a transfer is not made due to insufficient funds. You agree to view recent transactions on Online Banking to see if a transfer was completed and to reschedule a transfer if necessary. If a transfer is not made due to insufficient funds and if the transfer instruction lists a deposit account with us as the account to which funds are to be transferred, withdrawals from that deposit account which would exceed the available balance may not be paid due to insufficient funds and you may incur NSF fees on that account.

Currently there is no fee for Online Banking availability or Bill Pay usage.

You authorize us to charge your primary checking account or other payment account for the Online Banking monthly fee even if the charge causes an overdraft on the account. You acknowledge that you may also incur fees disclosed in the Rate & Fee Schedule, which you were given upon account opening. Fees are subject to change at our sole discretion. “Change” means and increase or decrease in the dollar amount of fees, a charge for new services, or a charge for services on which fees were not previously assessed. If you maintain Online Banking service after the effective date of a change in fees, you agree to the change in fees.

You should note that you might incur charges for:

• Normal account fees and service charges.
• Any Internet service provider fees.
• Payments or transfers made through online banking services from a savings or money market account may result in an excess transaction fee. See your savings or money market account for details.
• Additionally, fees may be accessed for added self-service features available through online banking customer service, such as stop payment requests, wire transfer requests and statement copy requests. Please consult your current fee schedule to see if your accounts are subject to these fees.
• An NSF-fee may also apply if you schedule payments or transfers and your available balance is not sufficient to process the transaction on the date scheduled.
• We may change you an hourly research fee for an inquiry about a transaction that occurred more than 90 days before the date you make the inquiry.

Your Right to Terminate - You may cancel your online service at any time by providing us with written notice in person, by postal mail, fax or through our secure e-mail available through online banking service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation. Termination of online banking services will not close your account.

Our Right to Terminate - You agree that we can terminate or limit your access to online services for any of the following reasons:

• Without prior notice, if you have insufficient funds in any one of your Bank accounts. Service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
• Upon reasonable notice, for any other reason in our sole discretion.
• After a 6 month period where you have not logged into the system.

Institution reserves the right to change the charges, fees or other terms described in this Agreement at any time.

If the change would result in increased fees for any online service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the Bank website or forward it to you by email or by postal mail. If advance notice of the change is not required and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.

Disclosure of Account Information, and Transfers-You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to Online Banking. You agree and hereby authorize all of these transfers of information.

In Case of Errors or Questions about Electronic Transfers, including Bill Payments-Contact us as soon as you can if you think your statement is wrong or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared.
When you report a problem or discrepancy, please (i) tell us your name and account number, (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within 10business days, or 20 business days in the case of point of sale or international transactions, after we hear from you. However, we may take up to 45 days, or 90 days in the case of point of sale or international transactions, to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within 10 business days of a request from us to do so, we reserve the right to not credit your account. If we confirm an error, we will correct your account record within 10 business days, or 20 business days in the case of point of sale or international transaction. If we determine that there was no error, we will send you a written explanation within 3 business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation.

The Gunnison Bank’s Online Banking service provides you with the ability to send and receive secure electronic messages to and from us. This is the best way to electronically communicate with us because you can safely include confidential information, such as account numbers and balances.

If you email us using your own software, the information you send is not secure.

Please remember that we will not immediately receive an electronic message sent by you. No action will be made on any electronic message you send to us until we actually receive your message and have a reasonable opportunity to act on it.

You cannot use e-mail to initiate Online Banking transactions. All such transactions must be initiated using the appropriate functions within the Online Banking site. Institution will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.

From time to time, we may send important notices to you concerning your use of Online Banking by electronic messaging.

Information submitted to Institution or its suppliers is the property of those parties, and they are free to use and disclose that information, or any ideas, concepts, know-how or techniques contained in that information to any third party for any purpose whatsoever, except as specifically agreed by Institution or prohibited by law.

Information that Institution publishes on the World Wide Web may contain links to other sites and third parties may establish links to Institution’s site. Institution makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, Institution does not endorse the products or services offered by any company or person linked to this site nor is Institution responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.

You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the Online Banking services. You may not gain, or attempt to gain, access to any Online Banking service server, network or data not specifically permitted to you by Institution or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with Institution or its suppliers.

Institution is not responsible for any electronic virus that you may encounter using the Online Banking Services. We encourage you to routinely scan your computer and diskettes using reliable virus protection product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.

In addition to the terms previously disclosed, Institution is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by the use of the Online Banking services or an any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Institution or one of its suppliers. In addition, Institution disclaims any responsibility for any electronic virus (es) customer may encounter after installation of such software or use of the Online Banking services. Without limiting the foregoing, neither Institution nor its suppliers shall be liable for any: (i) failure to perform or any losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Institution and its suppliers provide the Online Banking services from their own sites and they make no representation or warranty that any information, material or functions included in Online Banking services are appropriate for use by you in your jurisdiction. If you choose to use the Online Banking services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Institution nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Online Banking, services, or contained in any third party sites linked to or from Institution’s web site. INSITUTION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDNG THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ONLINE BANKING, ON-LINE BANKING SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. INSTITUTION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

Customer shall indemnify, defend and hold harmless Institution and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any losses arising our of: (i) Customer’s negligence; (ii) Customer’s failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this Agreement.

Due to the likelihood of irreparable injury, Institution shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.

You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Colorado, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Gunnison County, Colorado, U.S.A. The prevailing party in such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses.

Institution may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.

This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are cancelled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Institution.

If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Institution, this Agreement will control.

Institution shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Institution of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.

Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than 30 days dues to the reasons set forth in this subsection.

This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.

We may amend this Agreement from time to time by giving you written or electronic notice. Notice may be included in your Account statement. The notice may state that there has been a change in this Agreement and that changes have been posted on our web site. Continued use of On-line Banking following notice of amendment constitutes acceptance of any amendments to this Agreement.

You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Bank website or by email. You agree to notify us immediately of any change in your email address.