Online Banking Agreement and Disclosure

This Online Banking Agreement and Disclosure ('Agreement') is crucial for you to understand your rights and obligations as a user of the Online Banking service, Bill Payment Service, or Zelle ('Services'). It also outlines the rights and obligations of Castle Rock Bank ('Bank'). Please take the time to read this Agreement carefully. By requesting and using one of these Services, you are agreeing to comply with the terms and conditions of this Agreement.

Definitions

The following definitions apply in this Agreement:

  • "Authorized Representative" refers to a person with authority concerning the account.
  • "Bill Payment" is an online service that enables the scheduling of bill payments using a personal computer and/or mobile device.
  • "ISP" refers to your Internet Service Provider.
  • “Mobile Device” is any web-enabled cell phone, smartphone, or tablet.
  • "Online Banking" is an internet-based service that provides access to your bank account(s).
  • "Online Account" means the Bank account from which you will conduct transactions using a Service.
  • "Password" is the customer-generated code you select for use during the initial sign-on or the codes you select after the initial sign-on that establishes your connection to the Service.
  • "PC" means your personal computer, which enables you to access your online account using an Internet browser and ISP.
  • "Time of day" references are to Central Standard Time.
  • "Username" is the Bank-generated identification code assigned to you for your connection to the Service; you can also create your own.
  • "We," "us," or "Bank" refer to Castle Rock Bank, which offers the Services and holds the accounts accessed by the Services.
  • "You" or "your" refers to the owner of the account or the authorized representative.

Access to Services

The Bank will provide instructions on how to use the Online Banking and Bill Payment Services. You will gain access to your Online Accounts through your internet-enabled device, your ISP, your password, and your username. You may access your Online Accounts 24 hours a day, 7 days a week. However, the availability of the Services may be suspended for brief periods for maintenance, updating, and revising the software.

For transactions, the Bank's business days are Monday through Friday, excluding holidays and weekends. All Online Banking transaction requests received after 4 PM and Mobile Deposits or Merchants Capture requests received after 4 PM on business days, as well as all transactions requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day. The Bank's business day begins at 8:00 AM.

Banking Transactions with Online Banking

Account Access. You may access all of your Bank accounts online.

Transfer of Funds. In addition to viewing account information, you may use Online Banking to transfer funds. You may make one-time transfers or schedule future or recurring transfers to make loan payments. You may transfer funds among your checking, savings, and money market accounts.

NOTE: Because regulations require the Bank to limit preauthorized transfers, including Online Banking transfers, the following limitations apply:

  • Money Market Demand Accounts: Transfers from a Money Market Demand Account to another account or third parties by preauthorized, automatic, telephone, or Online Banking transfers must be in increments of $500.00, with no transfers by check, draft, debit card, or similar order to third parties.

Additional Services. New services may be introduced for Online Banking from time to time. The Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.

Schedule of Fees

The Bank offers you the benefits and convenience of Online Banking Services free of charge.

Statements

You will continue receiving your regular account statement by mail, email, or online, monthly or quarterly, depending on your account type.

Use of Your Security Password

You are responsible for keeping your password and Online Account information confidential. To protect yourself against fraud, you should adhere to the following guidelines:

  • Do not give out your account information, password, or username.
  • Do not leave your PC or other device unattended while in Castle Rock Bank's Online Banking Site.
  • Never leave your account information within range of others.
  • Do not send privileged account information (account number, password, etc.) to any public or general email system.

If you believe your password has been lost or stolen or suspect any fraudulent activity on your account, call the Castle Rock Bank immediately between 8:00 AM to 4:00 PM, Monday through Thursday, or 8:00 AM to 6:00 PM on Friday. Please note that our business hours may vary during holidays or exceptional circumstances. Telephoning us is the best way to Contact Us while minimizing your losses and liability. (See 'Electronic Fund Transfer Provisions For Consumers' Section)

If you believe your password has been lost or stolen, please use the Password Change Feature within the Online Banking section of the website to change it. To do this, log in to your online banking account, navigate to the 'Profile' section, and select the 'Password' option. Follow the prompts to create a new, secure password.

Electronic Mail (Email)

When you send the Bank an email, it will be deemed received on the following business day. However, we recommend using the secure form on the Online Banking site for sensitive matters. Our secure and encrypted email system ensures the utmost protection for your information.

NOTE: Email transmissions outside of the Online Banking site are not secure. We strongly advise against sending us or asking for sensitive information via any general or public email system, such as account numbers, passwords, account information, etc. If you wish to  Contact Us electronically, please use the secure form provided to email the Bank regarding inquiries about an electronic funds transfer error resolution, reporting unauthorized transactions, or contacting the Bank regarding other concerns of a confidential nature.

Bill Payment Services

Description of Service. The Bill Payment Service is designed to provide convenience and control over your finances. It allows you to use your Internet-enabled device to direct payments from your designated online Bill Payment Account to third parties you wish to pay. Your Bill Payment Account must be a checking account. You can pay bills from your Bill Payment Account to businesses or individuals through the Bill Payment Service.

All payments you make will be deducted from the checking account 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 in the continental United States. We reserve the right to restrict the types of payees to whom payments may be made occasionally using the Service. 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, improperly processed, or credited.

Scheduling Payments. Funds must be available in your Bill Payment Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-business day (Saturday, Sunday, or holiday), funds must be available in your Bill Payment Account the following business day (e.g., Monday). We may make the payment by transferring funds electronically to the payee or mailing the payee a check.

You can schedule payments to recur in the same amount at regular weekly, monthly, or semi-monthly intervals. When you create a new payee in the Bill Payment Service, it takes 2 business days to set up the payee to receive payments. You should schedule a payment to a new payee at least 10 business days before any payment due date to allow us time to set up the payee and verify information about your account with the payee.

For all subsequent payments, you agree to allow at least 4 to 10 business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your Agreement with the payee, not taking into account any applicable grace period).  If the payment is an Automatic Clearing House (ACH) electronic payment, it will take up to 4 business days to reach the payee. However, if the company or person you are paying cannot accept an electronic payment, the Bill Payment Service will send a check that may take up to 10 business days. If you do not follow these time frames, you will be fully responsible for all late fees, finance charges, or other actions taken by the payee. If you schedule your payment and follow all instructions provided, but the payee does not receive the payment in a timely manner, the Bank will work with the payee on your behalf to reverse any late fees or charges.

No Duty to Monitor Payments. The Castle Rock Bank is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. The Bank will not be liable in any way for damages you incur for any of the following reasons:

  • Insufficient funds in your Bill Payment Account to make the payment on the processing date
  • Delays in mail delivery
  • Changes to the payee's address or account number unless we've been advised of the change 2 days in advance
  • The failure of any payee to correctly account for or credit the payment in a timely manner
  • Any other circumstances beyond the control of the Bank

If the session during which you schedule a payment or transfer ends by 4 PM, the Bank will be considered to have received it on that day. Otherwise, it will be deemed received on the following business day. For all entries made using the Services, the time recorded by the Online Banking Service will be considered the official time of the transaction.

If your Bill Payment Account does not have sufficient funds to make a payment as of the date the payment is debited, then the Bill Payment Service will automatically block future Bill Payment Service until the account has sufficient funds to make the payment. The Bank will attempt to notify you by email or U.S. Postal Mail. Still, the Bank shall have no obligation or liability if it does not complete a payment because there are insufficient funds in your account to process a payment. You are responsible for making alternate arrangements or rescheduling the payment through the Bill Payment Service. In the case of fixed payments, only the payment currently scheduled will be impacted. Fixed payments scheduled for future dates will not be affected.

Cancel or Change Payment Instructions. Payments must be changed or canceled using the Service before 4 PM on the business day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we may charge you a stop payment fee. Stop payment orders, whether oral, written, or electronic, will be in effect for 6 months. If the Bank requests it, you will confirm any stop payment order in writing. After 6 months, any stop payment will terminate and must be renewed to continue in effect. The Bank may pay any item presented following the lapse of any stop payment order.

No Signature Required. When any payment or other online Service generates items to be charged to your account, you agree that we may debit your Bill Payment account without requiring your signature on the item and without prior notice to you.

Multiple Person Bill Payment Accounts.  If more than one person has access to a Bill Payment account, each person may individually enroll in the Bill Pay service. Each enrolled person needs a unique password but may use the same payee list. Each individual may terminate their enrollment in the Bill Payment service without affecting the Service for any other person enrolled in that Bill Payment account. However, any enrolled person may terminate the Bill Payment service, which will terminate the Service for all enrolled persons on that Bill Payment account.

Business Accounts

If you are a business, any authorized user of your business is authorized on such terms, conditions, and agreements as we may require to:

  • Enter into this Agreement, as amended from time to time.
  • Access each account of yours in any manner and for any purpose available through the Service, whether now available or available in the future.
  • Use any Online banking service in any manner and for any purpose available through the Service, whether now available or available in the future.

Term and Termination

This Term Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions.

Termination for Cause. We may immediately terminate your electronic banking privileges (including the Bill Payment Service and Zelle) without notice to you under the following circumstances:

  • You do not pay any fee which may be required by this Agreement when due.
  • You do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing.

We will promptly notify you if we terminate this Agreement, or your use of the Services for any other reason.

Termination for Convenience. Any prescheduled bill payments made through Online Banking will also be terminated when Bill Payment is terminated. If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 90-day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

In Case of Errors or Inquiries About Your Electronic Transfers

(Consumer Accounts Only)

In case of errors or questions regarding an Online Banking or Bill Payment transaction, please Contact Us. We must hear from you at one of the telephone numbers or addresses listed no later than 60 days after the first statement on which the problem or error appeared was produced. We will need:

  1. Your name and account number
  2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information
  3. The dollar amount of the suspected error and the date on which it occurred

We will investigate your complaint and correct any errors promptly. If it takes more than 10 business days to do this, we will recredit your account for the amount you think is in error so you can use the money while we complete our investigation.

Liability

Our Liability. This section explains our liability to you only to the extent that any other agreements, notices, or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and Bill Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you resulting directly from our gross negligence.

We will not be liable to you in the following instances:

  • If, through no fault of the Bank, you do not have enough money in your account to make the transfer.
  • If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure, or breakdown) prevent the transfer despite reasonable precautions that we have taken.
  • If there is a hold on your account or access to your account is blocked, in accordance with banking policy.
  • If your funds are subject to a legal proceeding or other encumbrance restricting the transfer.
  • If your transfer authorization is terminated by operation of law.
  • If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately.
  • If you have not correctly followed the instructions on how to make a transfer included in this Agreement.
  • If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
  • If we have a reasonable basis for believing that unauthorized use of your password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement, or any other agreement with us, or if you or we terminate this Agreement.

IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.

Indemnification. You agree to indemnify, defend, and hold us, our affiliate companies, directors, officers, employees, and agents harmless against any third-party claim, demand, suit, action, or other proceeding and any expenses related to an Online Banking or Bill Payment account.

Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Bill Payment account.

Virus Protection. The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest you routinely scan your PC and/or mobile device using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and hardware.

General Terms and Conditions

Bank Agreements. In addition to this Agreement, you and the Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking Service or the Bill Payment Service acknowledges that you have received these agreements and intend to be bound by them.

Changes and Modifications. The Bank may occasionally modify the terms and conditions applicable to the Services. We may send any notice to you via email, and you will be deemed to have received it three days after it is sent. The revised terms and conditions shall be effective as the applicable law allows. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.

Assignment. We may assign this Agreement to an affiliate of the Bank or any successor in interest in the event of a merger, reorganization, change of control, acquisition, or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent.

Notices.  Unless otherwise required by applicable law, any notice or written communication under this Agreement may be sent to you electronically.

Disclosure of Information. We will only disclose information to third parties about your account or transfers you make under the following circumstances:

  • Where it is necessary for the provision of Online Banking and for completing transfers
  • To verify the existence and condition of your account for a third party, such as a credit bureau or merchant
  • To comply with government or court orders or other reporting requirements
  • If you give us your permission
  • To the Bank affiliated companies

Governing Law. This Agreement is governed by the laws of the State of Minnesota and applicable federal law.