BUSINESS ONLINE BANKING
TERMS & CONDITIONS
Last amended 11/20/2020
By choosing Accept when enrolling in Kendall Bank’s electronic banking services, you (the account holder) agree to the terms and conditions below, hereinafter referred to as “Agreement”. Kendall Bank’s electronic banking services include online banking, mobile banking and telephone banking, hereinafter referred to as “Services”. Each time you use our Services, you are confirming your agreement to and understanding of the terms and conditions of this Agreement. Please read this agreement carefully and keep it for future reference.
This Agreement is in addition to all other agreements we may have with you, including your signature cards and account agreements for your deposit account(s), and/or loan agreement(s)
CONFIDENTIALITY OF PERSONAL IDENTIFICATION NUMBER (“PIN”) AND PASSWORD
All Services must be initiated by use of a PIN or Password, hereinafter referred to as “Password”. You may change your Password from time to time, as provided in the Services. It is recommended that you do not use your social security number, birthday, or other codes that may be easy for others to determine as your Password. No bank employee will ever ask for your Password, nor should you provide it to anyone unless you intend to allow that person access to your accounts. If you authorize another person to use your Password, that person can use the Services to view any information or initiate any transaction on any of the accounts to which you have access, including viewing information or initiating transactions on accounts to which that person would not otherwise have access. As such, sharing your Password is strongly discouraged by the Bank, and is done at your own risk. If a third party should gain access to your Password, you alone are responsible for changing the Password so as to deny the third party’s access to your banking information. Kendall Bank will not be liable for any damages or loss arising from or related to wrongful access by a third party.
YOU AGREE TO KEEP YOUR PASSWORD CONFIDENTIAL. USE OF THE PASSWORD BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE DEEMED THE SAME AS YOUR WRITTEN SIGNATURE, AUTHORIZING KENDALL BANK TO COMPLETE ANY TRANSACTION COMMUNICATED THROUGH OUR SERVICES.
Never leave your computer or phone unattended while using the Services. Always exit and “log out” after viewing your accounts. Failure to do so may result in unauthorized third-party access to your accounts without the use of your Password.
Kendall Bank disclaims any liability for the display or accuracy of your account data by any account aggregation service provided by a third party.
By using the Service, you acknowledge and agree that the security procedures set forth in this Agreement are commercially reasonable.
CREATING AND MANAGING USERS
You may add additional users for your accounts. For each user you will need to designate the activity level, and any limitations. By assigning each user an activity level you will be responsible for any and all access that user has. It is your responsibility to keep your records and authorizations up to date so that unauthorized personnel are not allowed to conduct business on your behalf.
It is your responsibility to educate each user on the proper PASSWORD/PIN security.
AUTHORIZATION
All transactions conducted by any person having access to your Business Online Banking account will provide full authority for the bank to do as directed by that user and will be equivalent to having a signed authorization. The bank will have no liability to you for any unauthorized transaction conducted using your Business Online Banking account(s) that occurs before you have given us notice of possible unauthorized use and we have had a reasonable opportunity to act on such notice.
We may suspend or cancel any Password without receiving such notice from you, if we have reason to believe that your account is being used in an unauthorized or fraudulent manner.
MINIMUM SYSTEM REQUIREMENTS
To be able to use the Services, all personal hardware, software and internet connectivity will need to adhere to the minimum requirements for the Services. You are and will remain solely responsible for the purchase, installation, operation and maintenance of the hardware, software, internet services and for all related costs. You are solely responsible for security of the hardware and software. It is highly recommended and generally good practice to install and run software to actively protect from computer viruses and other related malware.
SECURITY
The encryption system used by online banking is a Secure Socket Layer system that supports 128-bit TLS 1.2 encryption. In order to use online banking, you must have the hardware and/or software to support 128-bit TLS 1.2 encryption.
INTENDED USAGE
Use of this system is restricted to authorized users. You agree to use the Services solely for the purpose intended. If any possible suspicious or criminal activity is detected, system records may be provided to the necessary law enforcement officials.
FREQUENCY OF TRANSFERS
You can make an unlimited number of transfers each day from your checking account. Federal regulations limit the number and type of withdrawals from a money market and savings account to six per calendar month. Types of transactions that are limited include automatic transfer (overdraft coverage), telephone transfers, computer transfers (online banking), checks, online bill payment, person to person payments, debit card (POS), electronic transfer to third party (ACH) or automatic transfer. Unlimited withdrawals and transfers may be made in person, by letter, at an ATM or to make a Kendall Bank loan payment. Withdrawals in excess of these limits may result in an excess transfer fee and/or account closure.
FAILURE TO MAKE TRANSFERS
If we do not complete a transfer as requested, we will be liable for 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
• The transfer would go over the credit limit on your overdraft line; or
• The terminal/system was not working properly and you knew about the breakdown when you started the transfer; or
• Circumstances beyond our control prevented the transfer, despite reasonable precautions that we have taken.
• There may be other exceptions stated in our account agreements and/or loan agreements with you.
ACCOUNT ACCESS
If you fail to log in three (3) consecutive times the system will lock you out for twenty-four (24) hours. Call 785-945-3231 or 913-839-3700 during regular business hours to have your password reset sooner.
The Services of Kendall Bank are available to you for your convenience 24 hours a day, 7 days per week. However, due to system maintenance, some or all the Services may be down. Our scheduled maintenance window is every Sunday morning between midnight and 4:00 a.m. CST.
BUSINESS DAYS
Every day is a business day, except Saturdays, Sundays and federal holidays.
FUNDS AVAILABILITY
Our policy is to make funds, from your deposits, available to you on the first business day after the day we receive your deposit. At that time, you can withdraw the funds in cash, or we will use the funds to pay checks that you have written or make payments you have authorized.
If you make a deposit through our Services, except for mobile banking, before 8:00PM CST on a business day, we will consider that to be the day of your deposit. However, if you make a deposit after 8:00PM CST or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
Please refer to your Funds Availability Disclosure for more information on this subject.
QUESTIONS; LOST OR STOLEN PASSWORD
In case of errors or questions about your electronic transfers or if you believe that your Password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call 785-945-3231 or 913-839-3700, info@kendallbank.com or write to Electronic Banking, Kendall Bank, 406 Broadway, Valley Falls, KS 66088.
Early notification can prevent future losses. We must hear from you no later than 60 days after we send the FIRST statement on which the problem or error appeared.
In all correspondence please:
• Include your name and account number;
• 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 us the dollar amount of the suspected error.
If you tell us orally or through email, we may require that you send your complaint or question in writing within 10 business days.
Within 10 business days after we hear from you, we will determine whether an error occurred and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to
put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
ACCOUNT INFORMATION DISCLOSURE
We will not disclose your information to third parties without your consent unless:
• Where it is necessary for completing transfers; or
• In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
• In order to comply with government or court orders; or
• If you give us your written permission.
PERIODIC STATEMENT
If you use our Services, you will receive a monthly account statement each month you use our Services to initiate a transaction.
WIRE TRANSFERS
Wire transfers within the United States will be processed on Business days from 8:00AM CST to 3:00PM CST. International wire transfers will be processed on business days from 8:00AM CST to 2:00PM CST. Uncollected funds may not be used for wire transfers. Any wire transfer agreement that you have previously executed will govern this wire transfer service.
STOP PAYMENTS
A stop payment request must specifically identify the item subject to your request and must be received by us in sufficient time to give us a reasonable opportunity to act on it before we pay such item.
The following information is required in order to place a valid stop payment via Kendall Bank’s Business Online Banking for Business service: account number, issue date, check number, amount, and payee. Your stop payment will remain in effect for a period of six (6) months (need to verify this timeframe). If you wish to extend your stop payment order beyond the expiration of your initial request, you must contact us and follow our procedures for renewing stop payment orders.
The fee to process a stop payment is $27.00 for each stop payment placed. This fee will be deducted from your designated account, unless otherwise directed by you.
It is your responsibility to determine if a stop payment request has been approved. Online stop payments can only be placed on check transactions.
ACH ORIGINATION
The Automated Clearing House (ACH) serviced offered through the Business Online Banking Service will be governed by the ACH Origination Agreement that you executed. Uncollected funds may not be used for ACH.
eSTATEMENTS
Kendall Bank will send you notification when your eStatement is available for viewing to the email address you provide us. By providing an e-mail address you authorize Kendall Bank to send requested information to the e-mail address and you are responsible for the security of your e-mail account. It is your responsibility to notify Kendall Bank in writing if your e-mail address changes. Kendall Bank will continue to send eStatements to the e-mail address provided until otherwise notified by an authorized account holder.
AMENDMENTS
We may amend this Agreement from time to time. The “last amended” date will be indicated within this Agreement. It is your sole responsibility to review this Agreement and any subsequent amendments to this Agreement prior to logging in.