UMB ONLINE BANKING SERVICES AGREEMENT
This Online Cash Management Addendum ("the "Addendum") to the UMB Online Banking Services Agreement (the "Agreement") provides information and additional terms and conditions pertaining to the Cash Management features offered by United Mississippi Bank within its Online Banking Services.
As used in this document, the words "you" and "your" mean the account holder(s) who enroll in UMB Online Banking Services (individually, the "Account Holder" or collectively, the "Account Holders"). The words "Bank," "we," "our," and "us" mean United Mississippi Bank and its successors or assignors. "Service Provider" refers to any third party acting on behalf of the bank to provide Cash Management services. All terms used in this Addendum, which are not defined herein, shall have the same meanings as set forth in the Agreement.
United Mississippi Bank's Cash Management services offer the same features of UMB Online Banking plus the opportunity to originate Automated Clearing House ("ACH") transactions online, initiate and transmit domestic wire transfers ("Wire Transfers") online, and to view stop payment orders online. Additionally, by using the United Mississippi Bank Cash Management features "Administration" option described in Sections 3 and 4 below, you may authorize one or more additional users to access your accounts. You may limit their access to only those functions you want them to be able to perform.
By signing the United Mississippi Bank " Online Cash Management Addendum Application" (the "Application") to subscribe to certain online cash management features offered by us as described in this Addendum and the Agreement, and as otherwise made available by the Bank from time to time (collectively, "United Mississippi Bank Online Cash Management Services"), and in consideration of our allowing you access to United Mississippi Bank's Online Cash Management Services, you agree to the terms and conditions of this Addendum and the Agreement. Each time you use, or permit any other person to use, any feature offered through United Mississippi Bank Online Cash Management Services you confirm your agreement to, and understanding of, the terms of this Addendum and the Agreement. Your use of Online Cash Management may be made by use of certain numbers, codes, marks, signs, public keys or other means of establishing your identity and acceptance of the electronic communications, which are acceptable to us. All electronic communications that meet these requirements will be deemed to be valid and authentic. You intend and agree that those electronic communications will be given the same legal effect as written or signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering. This Addendum will be effective as of the date of our acceptance of your "Application," and shall be evidenced by our issuance of a Cash Management ID and Cash Management PIN to you. Please read this Addendum and the Agreement carefully and keep them for future reference. If you have any questions, please call United Mississippi Bank at 601-445-7135.
Additional Features Available Through United Mississippi Bank's Online Cash Management Service
You may use United Mississippi Bank's Online Cash Management Services to perform any of the services described in the Agreement plus the following specific cash management features:
- Initiate, upload and submit ACH Transactions;
- Initiate and transmit domestic Wire Transfers;
- View stop payment orders;
- As described in Bill Payment Service Section of the "Agreement," you or any other user you authorize will be required to enter the Bill Payment ID and Bill Payment PIN each time you wish to access the bill payment service.
Initiate and Transmit Domestic Wire Transfers
United Mississippi Bank's Online Cash Management Services offers you the option to initiate and transmit domestic Wire Transfers online. Domestic wire transfers have a 12:00 PM cut-off time. Wire transfers initiated after 12:00 PM will be processed on the next business day. The Online Cash Management Services does not permit you to initiate or transmit foreign wire transfers. If you have requested the ability to initiate and transmit Wire Transfers through United Mississippi Bank's Online Cash Management Services, a Wire Transfer PIN is needed each time you transmit a Wire Transfer through United Mississippi Bank's Online Cash Management Services.
With regard to Wire Transfer transactions initiated online or the portion of any transaction initiated online that is a Wire Transfer, and to the extent there are any inconsistencies between this Addendum and the Agreement, the terms and conditions of the Addendum will prevail. NOTE: To the extent that you use the Online Cash Management Administration option to authorize any additional users to initiate Wire Transfers online, this online authorization by you will govern, with regard to the user, over any written authorization at any time. Therefore, if you have authorized a user both in writing and online, and you wish to remove this user's authorization at any time, you must remove their online authorization using the Online Cash Management Administration option, and you must provide a written notice to the Bank to cancel the written authorization you have on file with the Bank for that user. Cancellation shall not be effective until the Bank receives written notice from you requesting cancellation of the written authorization you have on file with the Bank for that user.
Initiate, Upload and Submit ACH Transactions
United Mississippi Bank's Online Cash Management Services offers you the option to initiate, upload and submit ACH transactions online. This online service is an extension of your Automated Clearing House (ACH) Agreement with the Bank. If you have not completed such an agreement and desire to initiate, upload and submit ACH transactions online, please contact your United Mississippi Bank account officer to obtain and complete the necessary documents. We reserve the right to refuse any ACH transactions until and unless you complete an ACH Agreement with the Bank. All ACH transactions you make online will be governed by your Automated Clearing House (ACH) Agreement you have on file with the Bank. NOTE: To the extent that you use the Online Cash Management Administration option to authorize any additional users to initiate ACH transactions online, this online authorization by you will govern, with regard to that user, over any written authorization you may have provided with your ACH Agreement. Therefore, if you have authorized a user both in writing and online, and you wish to remove this user's authorization at any time, you must remove their online authorization using the Online Cash Management Administration option, and you must provide a written notice to the Bank to cancel the written authorization you have on file with the Bank for that user. Cancellation shall not be effective until the Bank receives written notice from you requesting cancellation of the written authorization you have on file with the Bank for that user.
Except as expressly stated herein, to the extent there are any inconsistencies between this Addendum, Agreement, or the ACH Agreement, the terms and conditions of the ACH Agreement will prevail.
View Stop-Payment Orders On Checks
United Mississippi Bank's Online Cash Management offers you the ability to view orders online for the stop payment of any check item drawn on your Account(s).
Stopping the payment of a check is different from the cancellation of a bill payment. Once an electronic bill payment has been debited from your account, you CANNOT place a stop payment on the transaction. You may be able to stop a bill payment by check if the check has not cleared your account . You may contact customer service by calling 601-445-7000 or come by one of our Locations to place a stop payment on the check.
You will incur stop-payment charges as disclosed in the current Miscellaneous Fee Schedule.
Fees and Charges
United Mississippi Bank's Online Cash Management Services are available to you for a monthly maintenance fee; see Miscellaneous Fee Schedule, charged to the account designated on the Application. There are additional service fees for ACH Origination, Internet Bill Payment, and Wire Transfers as listed in the Miscellaneous Fee Schedule. You agree to pay, and you authorize us to automatically debit to the account designated on the Application each calendar month, for this maintenance fee and any applicable additional service fee. This maintenance fee will not be prorated for portions of a month. Service fees may be changed pursuant to this Addendum or the Agreement. Your use of the Cash Management Services after any change to any service fee(s), or your failure to advise us in writing within thirty (30) days of your objection to any change in any service fee, indicates your acceptance of such change(s). In the event that you object to any change in any fee, you have the right to terminate the Online Cash Management Services.
You will be solely responsible for all tariffs, duties, or taxes imposed by any government or governmental agency in connection with any transfer made pursuant to this Agreement and for all telephone charges, Internet access service charges, tolls, tariffs, and other costs for online sessions initiated by you. There may be other costs, fees and charges associated with our Accounts. Please refer to the Miscellaneous Fee Schedule for details.
You are responsible for all transfers (including funds transfers, wire transfers and ACH transfers) you authorize using United Mississippi Bank's Online Cash Management Services. If you permit others to access your account(s) using the Administrator function, or give such persons your User ID and PIN number, you are responsible for any transactions they authorize from your account(s). If you discover or should have discovered an unauthorized, unenforceable, or erroneously executed transaction, you must notify us of the relevant facts immediately. If we can prove that you failed to perform these duties and we incurred a loss as a result of your failure to notify us, you are liable to us for the amount of the loss not to exceed the amount of the transaction in question.
You are responsible for establishing a dual control system at your business to establish proper levels of authority and responsibility when using the Internet Cash Management Services.
We, or our Service Provider, are responsible for completing the funds transfers on time according to your properly entered and transmitted instructions. However, neither the Service Provider nor we will be liable:
- If you do not have adequate money in an account to complete the transaction from the account, or if that account has been closed;
- If you have not properly followed the Online Cash Management instructions on how to process a transfer;
- If you have not given complete, correct and current instructions so that we may process a particular transfer;
- If withdrawals from an account have been prohibited by a court order, such as a garnishment or other legal process;
- If we or our Service Provider reasonably believe that a transaction may be unauthorized;
- If equipment and/or software were not working and this problem was or should have been apparent to you when you attempted to authorize the transfer.
- If circumstances beyond our control, or the control of the Service Provider, prevent the processing of the transfer. Such circumstances include, but are not limited to, acts of God, computer failure, telecommunications outages, power outages, postal strikes and other labor unrest, delays caused by payees, fires, floods, and other natural disasters.
You understand and agree that we may obtain and use information from credit bureaus and consumer reporting agencies in connection with any accounts or products offered by us to investigate or reinvestigate any information provided by you.
By using our Cash Management Services, or any other service provide by our Bank, you hereby represent and warrant that you are authorized under United States federal, state and local laws to conduct financial transactions with us. Please note that we vigorously enforce the laws and regulations promulgated by the Office of Foreign Assets Control (OFAC) and, in accordance with OFAC rules, we reserve the right to: (i) check the names of current and new customers against OFAC's database, and (ii) block and/or reject your transactions until we are satisfied that you, or any of your beneficiaries, collateral owners, guarantors/co-signors, and/or receiving parties are not subject to OFAC sanctions. You hereby represent and warrant that you will promptly notify the Bank if you, or any of your beneficiaries, collateral owners, guarantors/co-signors, and/or receiving parties have been, are now, or ever become subject to OFAC sanctions.
Except as modified hereby, the Agreement shall remain in full force and effect. Except where expressly stated otherwise herein, all provisions of the Agreement governing Bank Transfers and/or Bill Payments will also apply to Wire Transfers and ACH transactions. Further, and to the extent expressly provided for otherwise herein, should any inconsistency exist or arise between the terms of this Addendum and the terms of the Agreement, the terms of this Addendum shall prevail