This Agreement applies to your use of Online Banking (the "System"), Availa Bank's Internet banking portal, which permits you to access your accounts with us via the Internet for services selected by you and agreed upon by us. This Agreement applies to all persons that are parties to the accounts. When used in this Agreement, the terms "you" and "your'' refer to each depositor on the account(s) accessible by the System, and the terms "us," "we," and "our'' refer to Availa Bank.
The following Bank services will be available to you through the Internet: check your current account information, transfer funds among your accounts at Availa Bank, stop payments on checks, and pay bills. You may be required to enter into other agreements in order to use any of these services. Availa Bank may, at any time, increase or delete any such services, provided that no services will be deleted unless you have been given at least 30 days prior notice. You must provide your own access to the Internet through an Internet provider of your choice and have a functional user ID and password. Our site is optimized for use with certified/recommended browsers. If you use a different browser, you may not be able to take full advantage of all the features of the site.
The System is a service provided solely for use by our clients. You will need a Username and password to gain access to your accounts using the System. During enrollment, you will create and confirm a password which you will use to gain access to the System. You should protect your password at all times and change it on a regular basis. You agree to keep the password safe and to not record, disclose or make the password available to anyone. Anyone who has access to your password will have full access to your accounts and the services you can perform on the System. You have no ability to limit any such person's authority. If anyone uses your password with your permission (an "Authorized User''), you will be responsible for any transactions performed by that person.
Transfers of Fund
You may transfer funds from one account to another account, provided that the same persons are the owners of both accounts. The number of transfers that you may make may be limited by law or government regulation and Availa Bank may establish restrictions on transfers that may exceed those limits.
Bill Payment 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. Through the Bill Payment Service, you can pay bills from your Bill Payment Account to businesses or individuals. The Popmoney® Payments Service allows you to pay other people. Your use of the Payment Services is governed by this Agreement as well as a separate agreement that will be made available to you through the System prior to your initial use of the Payment Services. In the event that any term or condition of this Agreement conflicts with a term or condition of the separate agreement, the term or condition of the separate agreement shall control.
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. Availa Bank will not be required to transfer any funds, or to honor any request to pay bills, unless there are collected funds in the originating account sufficient to cover the transfer or bill payment. If you give us instructions to make multiple transfers, or to pay multiple bills, and there are not sufficient collected funds for each transaction, Availa Bank may honor the instructions in the order that the instructions are received and may refuse to honor all further instructions. We have no obligation to notify you if there are not sufficient funds to permit the transfer or pay the bill. We may, but we are not required to, make the transfer or pay the bill at such future time, as collected funds are available in the originating account.
Stop Payment Orders
You may place stop payment orders on checks using the System. When placing a stop payment order, you agree to indemnify us and hold us harmless for all losses incurred by us due to our refusal to pay the check. You acknowledge that, under the law, there are some situations where a check can be enforced against you even though you ordered us to stop payment. In such instances, we will not be liable to you for refusing to enforce your stop payment order. We will not have a duty to stop payment until you have given us the number, the exact amount of the item and the name of the payee. In addition, we must have had a reasonable opportunity to act on your stop payment order prior to the earlier of our payment of it or one hour after the opening of the next business day after the business day we received it. The information we require you to submit in connection with your stop payment order must be exactly correct to enable our computer system to match the payment to be stopped to your stop payment order.
A stop payment order on a check is effective for six months unless you renew the notice in writing within that time, in which case the stop payment order will be effective for an additional six month period. At our option, we may continue stop payment orders beyond these time periods unless cancelled by you. Stop payment orders received after regular banking hours or on a holiday shall be deemed received at the opening of business on the next business day.
Changes in Terms; Cancellation
Availa Bank may change the terms of this Agreement at any time by giving you at least 30 days prior notice of the change. If you use the Internet services after receipt of such notice, you will be deemed to have agreed to such change. Either you or Availa Bank may cancel this Agreement and terminate your use of the Internet banking services for any reason by giving the other 30 days prior written notice.
Notwithstanding the foregoing, Availa Bank may terminate your rights under this Agreement at any time, and without prior notice or liability to you, if you have breached any of your obligations under this Agreement or any other agreement with Availa Bank, or if Availa Bank has reason to believe that you have attempted to access accounts or information at Availa Bank to which you do not have rights.
Our System utilizes a comprehensive security strategy to protect accounts and transactions conducted over the Internet. In addition to our login security which incorporates multi-factor authentication (i.e. Usernames, passwords, plus pictures, questions, digital security keys or a personal identification number ("PIN")), we use secure socket layer ("SSL") encryption technology for everything done in the System. Availa Bank reserves the right to block access to the Internet banking services in order to maintain or restore security if Availa Bank reasonably believes your identification codes has been or may have been obtained, or is being used or may be used, by any unauthorized persons. You are solely liable and responsible for all Internet transactions that are made using your identification codes, whether those transactions are made by you or any person you authorize, permit or enable to have your means of identification (even if the person exceeds your authority), or by any person who obtains your identification codes as a result of your act of negligence. If you have given someone your identification codes and wish to terminate their authority, or if you know or believe that your identification codes otherwise are compromised, you must notify Availa Bank immediately so that Availa Bank can take the necessary steps to change your identification code. You will defend, hold harmless and indemnify Availa Bank from and against any and all claims of any nature arising out of any access by a person you have authorized, permitted or enabled to have access to Availa Bank and any records or accounts maintained at Availa Bank regardless of whether the records or accounts belong to you or others.
Lost or Stolen Password
Security of your transactions is important to us. Use of the System may therefore require a PIN or password. If you lose or forget your PIN or password, please call us at 800-329-8620 during normal business hours listed above. We may accept, as authentic, any instructions given to us through the use of your password or PIN.
Tell us AT ONCE if you believe your PIN or 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 maximum line of credit). If you tell us within two (2) business days, you can lose no more than $50. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your PIN or password, and we can prove we could have stopped someone from using your PIN or 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 sixty (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 prevented someone from taking the money if you had told us in time. If you believe your PIN or password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call us at 800-329-8620 during normal business hours listed above.
In case of Errors or Questions about your Electronic Transfers: Telephone us at 800-329-8620, email us at firstname.lastname@example.org or write us at the following address:
Availa Bank, 126 W 6th Street, Carroll, IA 51401
as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we made available to you the FIRST statement available on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the transfer in question, and explain why you believe it is an error or why you need more
- The dollar amount of the suspected error.
- The date on which it occured.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you 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. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
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.
Interruptions in Service; Limit of the Bank's Liability
Any information you receive from Availa Bank can only be provided on a best-efforts basis for your convenience and is not guaranteed. Availa Bank is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information. Availa Bank is not responsible for any computer virus or related problems, which may affect or result from your use of the Internet banking services. Neither Availa Bank, nor any of Availa Bank's affiliates, officers, directors, employees or agents, will be responsible for any indirect, special incidental or consequential damages arising in any way out of the Agreement or your use of the Internet banking services. Any liability of Availa Bank for actual damages shall be limited to the fees that you have previously paid to Availa Bank for the use of the Internet banking services under this Agreement.
Availa Bank will have no liability to you if you are not able to complete any transaction using the Internet as provided herein if: (1) you do not have enough money in your accounts to make the transfers; (2) Availa Bank's Internet or computer system, is not working properly and you knew about this when you started your transaction; (3) the failure is the result of any act or omission of any Internet service provider or any software provided by any third party, or the other party to the transition; or (4) circumstances beyond Availa Bank's control )for example, fire, flood, loss of power, or interruption of communication systems) prevent the completion of the transaction. Availa Bank may on a regular basis perform maintenance on Availa Bank's equipment or systems which may result in interruption of the Internet banking services and Availa Bank will not have any liability to you as a result of any such interruptions. Availa Bank may contract with third parties to provide certain Internet services to you. Availa Bank will have no liability of any kind to you with respect to any acts or omissions of such parties and your sole remedy shall be against such third party. If you experience any inability to access the Internet banking service, you should call your financial institution.
Disclosure of Information to Third Parties
We may disclose information to third parties about your account or the transfers you make, as permitted by law, including, without limitation: where it is necessary for completing or tracing transfers or resolving errors or claims; to verify the existence and condition of your account for a third party, such as a credit bureau or merchant or other financial institution; to comply with court orders or other legal process; to comply with subpoenas, summonses, search warrants or requests from government agencies; to other companies affiliated with us; to others with your consent; and whenever required by law.
You may be required to pay the standard fee for any transactions that you make through the Internet. Availa Bank may establish other fees by giving you at least 30 days prior written notice. You are responsible for all charges you incur in connecting to the Internet and for any charges imposed by your Internet provider.
If any one or more of the provisions of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain valid and enforceable. The terms and conditions of this Agreement shall be governed by and constructed in accordance with the laws of the State of Iowa, without regard to its conflicts of law provisions. Any litigation arising under this Agreement or the Internet services shall take place only in the state or federal courts having jurisdiction over the home office of Availa Bank and you agree to such jurisdiction. Availa Bank shall be entitled to recover its costs (including attorney's fees) from you for any claims arising under this Agreement or the Internet services. The term "business day" means Monday through Friday except for legal bank holidays.
This Agreement is the entire agreement between you and Availa Bank regarding your use of the Internet banking services, and it supersedes any prior discussions and agreements between you and Availa Bank regarding the Internet banking services, and supersedes any marketing or other similar material pertaining to the Internet banking services. The foregoing does not apply to agreements and disclosures applicable to your accounts, or disclosures or agreements relating to specific transactions, and such other agreements or disclosures shall supersede this Agreement to the extent that there is any inconsistency. This Agreement is subject to, and incorporates, all account agreements and other agreements or disclosures that Availa Bank has delivered, or may hereafter deliver, to you with respect to your account or Bank products or transactions.
Availa Bank may give you written notices and disclosures either by mailing them to your last known address, or by sending such notice to you over the Internet at your designated Internet address. You agree that if Availa Bank is required by any laws or regulations to give you written confirmation of the completion of any transaction or supply you with any disclosures or notices, then Availa Bank may in its sole discretion give such information to you electronically over the Internet. If there is more than one account holder, Availa Bank will only be required to give notice to one of you. Availa Bank will not normally mail you paper copies of the disclosures, notices, or account statements you receive electronically. To obtain a paper copy, please contact Availa Bank by mail. Applicable fees may be billed to your account. If you wish to give notices to Availa Bank, you must send it in writing to any of the following address:
126 W 6th Street
Carroll, IA 51401
E-mail Address: email@example.com
To cancel electronic disclosures, please contact Availa Bank by mail.
E-mail Address Chang
You will be responsible for maintaining an accurate e-mail address in which to receive the e-mail on the System.
Electronic Mail (E-mail)
If you send an e-mail message, Availa 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 help to stop a payment that is scheduled to occur. NOTE: E-mail outside of the Online Banking site is not secure. We advise you not to send us or ask for sensitive information such as account numbers, Passwords, account information, etc., via general or public e-mail systems. If you wish to contact us electronically, please us the secure "contact us" link provided in our Online Banking site.
Questions and/or Concerns: In order for Availa Bank to provide you with the maximum benefits and services, we request that you keep your information as up-to-date as possible. If you ever have questions or concerns regarding the accuracy of your personal information at Availa Bank, please contact us at 800-329-8620. We will investigate your concerns and make any changes as needed.
Our Website and Children's Privacy
Our website is directed to a general audience. We do not knowingly solicit or collect information from children on our site. Visitors may elect to provide us with personal information via E-mail or online registration forms. This information is used internally, as appropriate, to handle the sender's request. It is not disseminated or sold to other organizations. Some areas of our Website may use a "cookie" temporarily stored in the visitor's computer memory (RAM) to allow the web server to log the pages you use within the site and to know if you have visited the site before. Visitors to this bank Website remain anonymous. We do not collect identifying information about visitors to our site. We may use standard software to collect non-identifying information about our visitors, such as:
- Date and time our site was accessed
- IP address (A numeric address given to servers connected to the Internet)
- Web browser used
- City, state, and country
- Availa Bank uses this information to create summary statistics and to determine the level of interest in information available on our site.
Your enrollment in Availa Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Availa Bank account(s). Account Alerts and Additional Alerts must be managed and/or added online through the Service.We may add new alerts from time to time, or cancel old alerts. We usually notify you when we cancel alerts, but are not obligated to do so. Availa Bank reserves the right to terminate its alerts service at any time without prior notice to you.
Methods of Delivery
We may provide alerts through one or more channels (“endpoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Availa Bank Online Banking message inbox. You agree to receive alerts through these endpoints, and it is your responsibility to determine that each of the service providers for the endpoints described in (a) through (c) above supports the email, push notification, and text message alerts provided through the alerts service. Please be advised that text or data charges or rates may be imposed by your endpoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.
Alerts via Text Message
To stop alerts via text message, text "STOP" to 31727 at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore alerts on your mobile phone, just visit the alerts tab in Availa Bank Online Banking. For help with SMS text alerts, text “HELP” to 31727. In case of questions please contact customer service at 800-329-8620. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
Availa Bank provides alerts as a convenience to you for information purposes only. An alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Availa Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Availa Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.
As alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your alerts will be able to view the contents of these messages.