UMB Online Banking Services Agreement
This Agreement, which includes the Miscellaneous Fee Schedule and UMB Online Banking Services Form ("Registration"), is a contract which establishes the rules covering your electronic access to your accounts at United Mississippi Bank ("BANK") through the Internet Banking System ("SYSTEM"). By using the SYSTEM, you accept and are bound by all the terms and conditions of this Agreement. Please read it carefully.
The terms and conditions of the deposit agreements and disclosures for each of your BANK accounts as well as your other agreements with the BANK such as loans, continue to apply notwithstanding anything to the contrary in this Agreement. From time to time various transactions will be affected by FED REG J and that customer agrees to abide by those rules.
This Agreement is also subject to applicable federal laws and the laws of the State of Mississippi (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only, and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and the BANK’s successors and assignors. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the UMB Online Banking Services Form and Miscellaneous Fee Schedule, constitutes the entire agreement between you and the BANK with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
As used in this Agreement, the words "we," "our," "us," and "BANK" mean United Mississippi Bank. "You" and "your" refer to the account holder authorized by the BANK to use the SYSTEM under this Agreement and anyone else authorized by that account holder to exercise control over the account holder’s funds through the SYSTEM. "Account" or "accounts" means your accounts at the BANK. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your BANK accounts using the SYSTEM including bill payments. "SYSTEM Services" means the services provided pursuant to this Agreement, including the Internet Bill Pay Service. "Business days" means Monday through Friday. Holidays are not included.
To use the System, you must have at least one checking account at BANK, access to Internet service and the appropriate hardware/software systems. Once we have received your signed Registration, and verified your account information, we will send you, by postal mail, confirmation of our acceptance of your enrollment, along with your assigned log-in ID. We will subsequently send you, by postal mail, a temporary password within 3 business days. The SYSTEM can be used to access only BANK accounts, which you have designated for access. You can add or delete any of your BANK accounts from this Agreement by contacting United Mississippi Bank and updating your Registration. You must be a joint or individual owner on all accounts designated in your Registration. We undertake no obligation to monitor transactions through the SYSTEM to determine that they are made on behalf of the account holder
You can use the SYSTEM to check the balance of your BANK accounts, view BANK account histories, verify deposits and withdrawals, transfer funds between your BANK accounts, view stop payments, contact the bank via e-mail, download account information into financial management software, order checks, and pay bills from your checking account(s) in the amounts and on the dates you request if you have requested the Bill Pay Service on your Registration. Balance and activity information is available as of 6:00 p.m. Central Standard Time of the previous business day. Certain items may appear in a memo post status during the business day.
Hours of Access
The SYSTEM is generally accessible 24 hours a day, seven days a week, except the SYSTEM may be inaccessible for a reasonable period on a daily basis for system maintenance. The Bank is not liable under this Agreement for failure to provide access due to a system failure or due to unforeseen acts.
The Bank may modify, suspend or terminate access to UMB Online Banking Services at any time and for any reason without notice or refund of fees the Customer has paid.
For security purposes, you are required to change your password upon your initial login to the SYSTEM. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password every 180 days. Upon three unsuccessful attempts to use your password, your access to the SYSTEM will be revoked. To re-establish your authorization to use the SYSTEM, you must contact us and sign an updated Registration to have your password reset or to obtain a new temporary password.
We require that you create a password that is eight (8) characters in length and uses both alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down. Any person having access to your ID and password will have access to your accounts.
You understand the importance of your role in preventing misuse of your accounts through the SYSTEM and you agree to examine promptly your paper statement for each of your BANK accounts as soon as you receive it. It is imperative that you immediately alert us if you discover any error or unauthorized transaction in your account. As further discussed below, your failure to alert us promptly may subject you to increased liability in the event that an unauthorized transaction occurred. You further 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 User ID and Password are intended to provide security against unauthorized entry and access to your accounts. You should keep your ID and password in a secure location. Any person having access to your ID and Password will be able to access your accounts through UMB Online Banking Services. Data transferred via the SYSTEM is encrypted in an effort to provide transmission security and SYSTEM uses identification technology to verify that the sender and receiver of the SYSTEM transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the SYSTEM 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 using the SYSTEM, or e-mail transmitted to and from us, will not be monitored or read by others.
Fees and Charges
You agree to pay the fees and charges for your use of the SYSTEM Services as set forth in the current Miscellaneous Fee Schedule as revised from time to time. You agree that all such fees and charges will be deducted from the BANK checking account designated on the UMB Online Banking Services Form at statement time. If you close your designated BANK checking account account, you must contact us immediately to designate another account. You will need to update your registration by signing a UMB Online Banking Services Form. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of the SYSTEM.
Posting of Transfers
Transfers initiated through the SYSTEM before 6:00 p.m. Central Standard Time on a business day are posted to your account the same day. Transfers completed after 6:00 p.m. Central Standard Time on a business day, or on a Saturday, Sunday or banking holiday will be posted on the next business day. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers from your accounts in order to avoid overdrafts.
Overdrafts (Order of Payments, transfers and other withdrawals)
If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:
- Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
- If there are insufficient funds in your account to make the electronic payments, transfers or other withdrawals, the Bank may refuse to make the transfer or payment or may make the transfer or payment and overdraw your account. In either event, you are responsible for any non-sufficient funds (“NSF) and overdraft fees that may apply.
Limits on Amounts and Frequency of SYSTEM Transactions
The number of transfers from your BANK accounts and the amounts which 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.
Internet Bill Payment Service
You must designate the BANK checking account from which the payments are to be made; the complete name of the payee, your account number with the payee, and the payee’s remittance address and phone number, all exactly as shown on the billing statement or invoice; the amount of the payment; and the payment date. By using the Bill Pay Service option, you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer, "no signature required draft", or by debiting and remitting funds on your behalf. You understand and agree that the BANK is not responsible for any damage, whether foreseeable or non-foreseeable, arising from delayed payment or nonpayment which is due to your failure to provide us with complete and accurate information. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly.
Scheduling SYSTEM Payments
Payments are scheduled based on the "Payment Date" you enter into the SYSTEM. The payment date is not the "due date" of your bill at the payee. The payment date should be established 3 business days in advance of the due date for electronic payments and 5 business days in advance of the due date for check payments. Payments must be entered into the SYSTEM before 12:00 Noon Central Standard Time on the business day of the scheduled payment date. Payments will be processed at 2:00 A.M. CST and 12:00 Noon CST. Payments are processed on Monday through Friday (excludes Saturdays, Sundays and federal holidays). If the payment date you designated is a Saturday, Sunday, or federal holiday, your payment will be processed on the business day prior to Saturday, Sunday, or federal holiday. If the payee is to be paid by paper check (as indicated on the Payee List), you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until 5 business days after the payment date you entered into the Internet Bill Payment System. If the payee is to be paid electronically (as indicated on the Payee List), you understand and agree that the payee may not receive the payment until 3 business days after the payment date you entered into the Internet Bill Payment System. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account.
How to Cancel a Bill Payment
To cancel a bill payment that you have scheduled through the SYSTEM, you must cancel the payment online via the SYSTEM (by following the onscreen instructions) before the processing time of 12:00 P.M. CST.
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.
Privacy - Disclosure of Account Information
You will not receive a separate SYSTEM statement. Transfers to and from your accounts using the SYSTEM will appear on the respective periodic paper statements for your BANK accounts.
Change in Terms
We may change any term of this Agreement at any time. If the change would result in increased fees for any SYSTEM 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 web site (www.unitedmsbk.com) or forward it to you by e-mail 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 SYSTEM 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.
In Case of Errors or Questions about Your Electronic Transfers, including UMB Bill Pay
Contact us as soon as you can, if you think your paper statement is wrong, or if you need more information about a transfer listed on your paper statement. We must hear from you no later than 60 days after we sent the FIRST paper statement upon which the problem or error appeared. When you contact us:
- Tell us your name and account number.
- Describe the error or 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 the suspected error relates to a bill payment made via the UMB Bill Pay Service, tell us the account number used to pay the bill, payee name, the payment date, payment amount, payee ID number, and the payee account number for the payment in question. (This information appears on the Bill Payment "View Payment History.")
If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within 10 business days.
We will communicate to you the results of our investigation within 10 business days (5 business days for Visa® check card point-of-sale transactions and 20 business days if the transfer involved a new account) after you contact us and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, point of sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days (5 business days for Visa® check card point-of-sale transactions and 20 business days if the transfer involved a new 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 WE DO NOT receive it in the form of a paper writing within 10 business days, we may not provisionally credit your account. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.
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. If we have made a provisional credit, a corresponding debit will be made from your account.
In cases of errors or questions about your electronic transfers, you may contact us at the address or telephone numbers listed below in this Agreement.
Our Liability for Failure to Make a Transfer
If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make a transfer.
- If a legal order directs us to prohibit withdrawals from the account.
- If your account is closed, or if it has been frozen.
- If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
- If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
- If any electronic terminal, telecommunication device, or any part of the electronic fund transfer system is not working properly and you knew about the problem when you started the transfer.
- If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
- If you have not properly followed the on-screen instructions for using the SYSTEM.
- If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
Your Liability for Unauthorized Transfers
Contact Us at Once!
If you believe your password has been lost, stolen, used without your authorization or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission, an immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of you password, you can lose no more than $50 if someone used your password without your permission.
If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.
Also, if your paper statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period 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 contacting us, we will extend the time periods.
Disclaimer of Warranty and Limitation of Liability
Unless otherwise provided in this Agreement, we make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the SYSTEM Services provided to you under this Agreement. We do not and cannot warrant that the SYSTEM will operate without errors, or that any or all SYSTEM Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to the SYSTEM, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty, even if we have been advised of the possibility of such damages. Further, in no event shall the liability of the BANK and its affiliates exceed the amounts paid by you for the services provided to you through the SYSTEM.
Your Right to Terminate
You may cancel your SYSTEM service at any time by providing us with written notice by postal mail or fax. Your access to SYSTEM will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate
You agree that we can terminate or limit your access to SYSTEM Services:
- Without prior notice, if you have insufficient funds in any one of your BANK accounts. SYSTEM service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
- Upon 3 business days notice, if you do not contact us to designate a new Checking Account for fees and charges after you close the Checking account originally designated by your UMB Online Banking Services Form.
- Upon 5 business days notice, for any other reason in our sole and absolute discretion.
Communications between BANK and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
You can contact us by e-mail.
(Please note that banking transactions through the SYSTEM are not made via e-mail.)
United Mississippi Bank
P. O. Box 670
Natchez, Mississippi 39121
|In Person||You may visit us in person at any of our locations.|