NetConnect Online Banking Agreement & Disclosure
This NetConnect Online Banking Agreement and Disclosure governs the use of NetConnect Online Banking services. The online services offered hereunder permit you to perform a number of banking functions on your St. Johns Bank and Trust personal or business deposit accounts (such as checking or savings) and payment accounts (such as loans with us) that you decide to make accessible online under this Agreement (the “Accessible Accounts”), all through the convenience and easy access of your personal computer. You must be eighteen (18) or older to enroll in NetConnect Online Banking services.
You or Your: The person(s) subscribing to use or using NetConnect Online Banking.
We, Us, or Our: Refers to St. Johns Bank and Trust and any agent, independent contractor, designee, or assignee we may involve in the provision of NetConnect OnLine Banking.
Business Day: Any calendar day other than Saturday, Sunday, or any banking holidays recognized by the Federal Reserve Bank.
Business Day Cut-Off: St. Johns Bank & Trust’s primary banking offices are located in St. Louis, Missouri and are in the Central Standard Time zone. For posting purposes, the Bank will process all transactions up to 6:00 pm on that business day. Transactions, including transfers, completed after 6:00 pm will be processed the following business day.
Privacy Statement and Security
St. Johns Bank and Trust understands how important privacy is to our customers. We have measures in place to insure your security and privacy for your personal and financial dealings with the Bank. Our Privacy Statement can be obtained by going to www.stjohnsbank.com and selecting Privacy Statement. For more information concerning the security measures that we have in place for NetConnect Online Banking, see the Section hereof titled “NetConnect Online Banking Security Information”.
Accepting the Agreement
When you use any of the NetConnect Online Banking services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement. This Agreement is also subject to applicable federal laws and the laws of the State of Missouri (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 to the extent allowed under applicable law. Any waiver (expressed 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 St. Johns Bank and Trust successors and assigns. 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.
Relation to Other Agreement
Your use of NetConnect Online Banking services may also be affected by any account agreements governing loan documents and other documentation governing or applicable to any of your Accessible Accounts. You should review such agreements and documents for any applicable fees, limitations on the number of transactions on such account, or other restrictions that might impact your use of such account on NetConnect Online Banking services.
NetConnect Online Banking Services
You may use NetConnect Online Banking to:
- Transfer funds between your Accessible Accounts, including to make a payment on a loan that is an Accessible Account, at such times and in such intervals as you desire, subject to limitations on each account, legal limits and other limits set forth herein.
- View current and available balance information.
- Review transaction history.
- View images of paid checks and deposit tickets.
- View statements.
- Receive electronic statements.
- Download transactions.
- Perform self-service account maintenance, such as stop payment requests, changing your NetConnect Login ID and Password, and creating psuedo names.
- Send us secure online messages and questions regarding your NetConnect Online Banking service.
- Import certain account information into QuickBooks, Microsoft Money® and Personal Finance.
Bill Pay Services
In addition to the NetConnect Online Banking features listed above, St. Johns Bank and Trust customers with a checking account or money market deposit account may designate such Accessible Account(s) to make a one-time or recurring online bill payments to the companies or individuals you select.
NetConnect Online Banking Security Information
St. Johns Bank and Trust NetConnect Online Banking service is an application provided by Jack Henry & Associates, Inc. Jack Henry & Associates, Inc. utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. In addition to our log-on security, we use the SSL (secure socket layer) encryption technology for everything you do in the NetConnect Online Banking service. Your browser automatically activates this technology when your browser attempts to connect to our system. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small icon of a padlock at the bottom of the screen from open to locked. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet. In addition, we have purchased a "Certificate of Authority" that will assure you that you are actually talking to our servers instead of someone pretending to be us. (If you are using an older browser, such as anything prior to versions 4.0 on Netscape or Internet Explorer, the "Certificate of Authorities" key may be expired and you may need to update it on your browser.)
During your use of the NetConnect Online Banking service, we will pass a "cookie" to your browser for identifying you during the session. We do not (and can not) use our cookies to obtain new information about you. A "cookie" is security data that is given to a browser by a web server that is returned by the browser on subsequent transmissions to identify the user and encryption information. When you log onto the system, this cookie enables us to process multiple transactions during the session without you having to provide your St. Johns Bank and Trust NetConnect Login ID and Password for each individual transaction. When you log off, or after ten minutes, the cookie is no longer accepted and must be renewed by requiring the St. Johns Bank and Trust password to be reentered. A new cookie is used for each session. That way, no one can use the cookie to access your account.
In addition to the security measures described above, there may be other security notices posted on the website regarding security issues. It is your responsibility to read all applicable notices. One of the main security features guarding the use of the NetConnect Online Banking service is the unique combination of your St. Johns Bank and Trust NetConnect Login ID and Password. It is important that you keep your password secret. We will not be liable for any losses resulting from your permitting other persons to use your St. Johns Bank and Trust NetConnect Login ID and Password to access the system.
The Bank may also require certain users to utilize a Security Token to access NetConnect. A Security Token as a small, portable device that generates a one-time digital code to use each time you log in to NetConnect. This helps ensure that your information is secure and protects you from fraud and identity theft.
St. Johns Bank and Trust cannot and does not guarantee that downloads from our site will not contain a virus or other destructive devices.
You understand and agree that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to your computer systems, networks, and any and all information stored therein. You understand that the technical processing and transmission via NetConnect Online Banking, including the content concerning your account may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. We shall not be responsible for any adverse consequences whatsoever of your connection to or use of the Internet, and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.
If you have more questions about our security systems for conducting transactions safely over the Internet, call us at (314) 428-1059, extension 3025 or email us at email@example.com, and a banking representative will discuss available options with you.
In order to enroll in the St. Johns Bank and Trust NetConnect Online Banking service, individual (or non-business) customers and sole proprietors should complete and submit a secure NetConnect Online Banking Personal Application online and business customers should manually complete and sign the NetConnect OnLine Banking Business Application and return it to the Bank. The Customer Service department will verify the information you submit for accuracy and authorizations. You will be notified by postal mail of your assigned St. Johns Bank and Trust NetConnect Login ID and your temporary password will be emailed to the address you have specified.
You will be able to access any account on which you are a primary, joint or sole owner, or trustee. If you desire services that allow you to initiate payments or transfers from the account, you will need the required withdrawal authority over the account to be able to complete the transaction. By using the service, you agree to maintain one or more accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the system. If the accounts are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your NetConnect Login ID and Password are authorized unless we have been notified to cancel the service.
Security is very important to the NetConnect Online Banking service. At the time you request the service, you will be assigned a unique NetConnect Login ID and Password that will be used to gain access to the system. Prior to activation, our customer service department will verify your identity and account authorization. In addition, we may require the use of a Security Token device for all of your users.
To help prevent unauthorized access and ensure the security of your accounts, we will end your NetConnect Online Banking session if we have detected no activity for ten (10) minutes. This is to protect you in case you leave your computer unattended after you have logged on. When you return to your computer, you will be prompted to continue or close the browser. If you wish to continue, you will be prompted to re-enter your NetConnect Login ID and Password and establish a new session.
For security purposes, you are required to change your NetConnect Password when you first log in to NetConnect Online Banking. Your NetConnect Password must be from six (6) to twenty five (25) characters in length, and requires both alpha and numeric characters. The identity of your NetConnect Password is not communicated to us. You agree that we are authorized to act on instructions received under your NetConnect Password, notwithstanding any dual or multiple signature requirements identified on the signature card or other documents related to your accounts. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. If there are three unsuccessful login attempts, your access to NetConnect Online Banking will be revoked. You may contact the bank to have your NetConnect Password reset or to obtain a new temporary password. You may reset your own NetConnect Password if you have already established a question and answer under the Options section. If you permit any other person to use your NetConnect Password, you will have authorized that person to access your Accessible Accounts, and you are responsible for any transactions that person initiates or authorizes.
Because your St. Johns Bank and Trust NetConnect Password is used to access your Accessible Accounts, you should treat it as you would any other sensitive personal data. You should carefully select a NetConnect Password that is difficult to guess. Memorize your NetConnect Password, keep it safe and never tell it to anyone. You agree that the use of your NetConnect Password is the agreed security procedure to access NetConnect Online Banking and that such security is commercially reasonable.
NetConnect Online Banking is available three hundred sixty-five (365) days a year, twenty-four (24) hours a day, subject to an emergency or scheduled system maintenance when some or all of the services may not be available. To the extent we have knowledge of such lack of availability and are able to access the website, we agree to post notice of any extended periods of non-availability on the NetConnect Online Banking website. We will not be liable to you if you are not able to access NetConnect Online Banking for any reason whatsoever.
Description of NetConnect Online Banking Services
Accounts Linked to NetConnect Online Banking Services
When you first enroll for this service, we will link all of your eligible accounts. If you want to limit the accounts linked to NetConnect Online Banking, call us at (314) 428-1059, extension 3025 or contact us by using the Contact Option available on the NetConnect Online Banking webpage, and a banking representative will discuss available options with you. All of your linked accounts, and any subsequent accounts you open at a later date are assigned full access.
Processing of Transfer Requests
- You may transfer funds between your Accessible Accounts. Transfers can be scheduled as either one-time or recurring. One-time transfers can be scheduled as immediate or future-dated. The completion of a transfer is subject to the availability of sufficient funds at the time of final processing. If you do not have available funds, you may incur an Insufficient Fund (NSF) fee. Refer to the applicable account agreement and fee schedule for details.
- If funds are not available when a recurring or future dated transfer is scheduled to process, we will attempt to process this transfer for three consecutive business days. If funds are not available at that time, the transfer will not take place, subject to the terms of the account agreement and our discretion.
Cut-off Times for Transfers
- Transfers you submit for a deposit account (checking, savings or money market deposit) or Line of Credit are reflected immediately in your available balance for that account. Transfers entered before the cut-off time of 6:00 p.m. Central Standard Time (CST) on a bank business day are processed on the same bank business day. Transfers entered after the cut-off time or on a non-bank business day are processed on the next bank business day. In order for transferred funds to be available to pay items that are processed against your account overnight, they must be entered before the cut-off time of 6:00 p.m. CST.
Transfers from Money Market Deposit and Savings Accounts
- Federal regulations limit the number of preauthorized electronic fund transfers and telephone transfers – including NetConnect Online Banking transactions – from money market deposit and savings accounts. You are limited to six (6) preauthorized electronic fund transfers, telephone transfers, checks and point of sale transactions each four (4) week or similar period. Each bill payment through NetConnect Online Banking from your money market account is counted as one (1) of the six (6) limited transfers you are permitted each statement period. Each transfer through NetConnect Online Banking from your Money Market Account or Savings Account to one of your other St. Johns Bank and Trust Accessible Accounts is counted as one of the six (6) limited transfers you are permitted each statement period. We charge a fee for each transaction in excess of this limit. We recommend that you do not use a money market account as your bill payment account because of these restrictions. Please refer to your account disclosures.
NetConnect Bill Pay Processing
St. Johns Bank and Trust customers with a checking deposit account may use the bill pay service to:
- Schedule payments from linked checking and money market accounts.
- Payments can be scheduled as one-time transactions, up to a year in advance, or as recurring payments. If payments are scheduled ninety (90) days or more in advance, please be aware that St. Johns Bank and Trust may cancel your bill pay service if you have not paid a bill for ninety (90) days.
- Payments entered before 12:00 noon CST on a bank business day will be scheduled and begin processing on the same bank business day. Payments entered after the cut-off time or on a non-bank business day are processed on the next bank business day.
- Recurring payments that fall on a weekend or a non-bank business day will be processed on the prior bank business day.
- You authorize us to make payments by either electronic transmission or by paper draft. The paper draft will be drawn on the account you designate.
- Any obligations that you wish to pay through NetConnect Online Banking bill pay must be payable in U.S. dollars to a payee located in the United States. You may not make payments of alimony, maintenance, child support, taxes, or other governmental fees or court directed payments through this service. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly.
- We will not be liable to you if a payee cannot or will not accept a payment through this service. You agree to notify us promptly if you receive notice from a payee that a payment you made using the bill pay service has not been completed or remains unpaid. We will not be liable to you for any damages to the extent that your failure or delay in notifying us that a bill payment was not made prevents us from avoiding or alleviating such damages.
Scheduling Bill Payments
- The scheduled payment date is the date you enter for the payment to be sent to the payee. For payments made by electronic transmission, the payment amount will be debited from, or charged to the account that you designate on the scheduled date. If the scheduled date is a weekend or non-bank business day, the payment will be processed the prior bank business day. For payment made by paper draft, the account you designate will be debited when the draft is presented for payment. This may be on or after the scheduled payment date.
- When you schedule a payment, please allow adequate time for delivery and receipt of your payment. If you do not, or if for any reason your account is not in good standing, you will be responsible for all late fees, finance charges, penalties or default assessed by the payee. If you have scheduled a payment that will be sent electronically and you do not have the funds available on the payment date, the payment will continue to attempt to post until you have sufficient funds, or you delete the payment. You will not be assessed an Insufficient Funds fee. If a paper draft is initiated or future dated and there are no funds available on the payment date, a check will be generated anyway. If the balance is insufficient to pay the draft on the day it is presented for payment, an Insufficient Funds fee will be assessed and the item may be returned unpaid.
Canceling Transfers and Payments
- You may cancel a payment by signing into the NetConnect Online Banking system, and following the instructions provided on the bill pay screens.
- Future dated payments can be canceled prior to 12:00 noon CST of the scheduled payment date.
- Future dated bill payments can be cancelled by signing into the NetConnect Online Banking system, selecting the payment, and deleting.
- A one-time immediate transfer cannot be cancelled after it has been entered in NetConnect Online Banking and the information has been transmitted to us.
- Future dated transfers can be cancelled by signing into the NetConnect Online Banking system and selecting transfers, view transfers, select the transfer to cancel, and selecting delete.
- You can get a receipt at the time you initiate a bill payment or make any transfer to or from any of your Accessible Accounts by printing the confirmation message displayed on your computer screen.
Stop Payment Requests - Checks Paid Electronically
You may be able to cancel paper checks initiated through NetConnect Online Banking bill pay before they have cleared your account by calling us at (314) 428-1059, extension 3025. You cannot stop the payment of a bill payment paid electronically. You will incur stop payment charges for NetConnect Online Banking bill pay checks as disclosed in the NetConnect Online Banking fee schedule.
Stop Payment Requests - Checks Written By You
You may initiate stop payment requests via NetConnect Online Banking for paper checks written on your St. Johns Bank account. In order to do so you will need the exact amount, check number, and payee. You may do so by logging into the NetConnect Online Banking system, selecting the activity for the appropriate account and choosing the stop payment option. You will incur stop payment charges as disclosed in the fee schedule. To place a stop payment on an electronic item (ACH, EFT, etc.), you will need to contact us at (314) 428-1059, extension 3025.
Liability for Failure to Stop Payment of Preauthorized Transfers
If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Other Terms and Conditions
NETCONNECT ONLINE BANKING FEE SCHEDULE
as of February 1, 2011
Personal NetConnect Online Banking
Account Information, Transfers, Other Services
Personal Bill Payment
Twenty (20) Bill Payments per statement cycle
|Bill Payments over twenty (20) per statement cycle||$.50 each|
Business NetConnect Online Banking
Account Information, Transfers, Other Services
Business NetConnect Online Banking
with Bill Payment
|Security Token Order/Replacement||$15.00|
You agree to pay the fees and charges for your use of NetConnect Online Banking Services as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the St. Johns Bank and Trust checking account designated on your Enrollment 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 NetConnect Online Banking.
Depending on how you access NetConnect Online Banking, you might incur charges for:
- Normal account fees and service charges
- Internet service provider fees
- Payments or transfers made from a savings or money market account may result in an excess transaction fee. Consult your deposit account agreement and fee schedule for applicable fees.
- Additional fees may be assessed for adding self-service features available through NetConnect Online Banking, such as stop payment requests, check copy orders, and account statement copy orders. Consult your deposit account agreements for applicable fees.
- An Insufficient Funds (NSF) fee, Overdraft Privilege Insufficient Funds (NSF) fee, returned item, overdraft, or similar fee may apply if you schedule payments or transfers and your available balance is not sufficient to process the transaction on the date the draft is presented for payment.
Cancellation of NetConnect Online Banking
Your NetConnect Online Banking may be canceled at any time by St. Johns Bank and Trust in whole or part without prior notice due to insufficient funds or inactivity in one of your accounts or inactivity of NetConnect Online Banking services for one hundred twenty (120) days or other circumstances that may create an unanticipated liability to us. You will remain responsible for all transactions approved by the system prior to the cancellation, and for any other fees associated with the service. After cancellation, service may be reinstated once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to reinstate services, you must call Customer Service at (314) 428-1059, extension 3025. If you choose to cancel your NetConnect Online Banking services please provide written notice by postal mail or secure message. Cancel any scheduled payments prior to notifying us that you are discontinuing the service. Your access to NetConnect Online Banking will be suspended within three (3) business days of our receipt of your instructions to cancel the service. If you terminate the service, you authorize us to continue making transfers and payments you have previously authorized until such time as we have had a reasonable opportunity to act upon your termination notice, not to be less than three (3) business days. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
When NetConnect Online Banking service is linked to one or more joint accounts, we may act on the verbal, written, or electronic instructions of any authorized signor. Joint accounts using the same St. Johns Bank and Trust NetConnect Login ID will be identified as one service.
You can communicate with us in any one of the following ways:
- Email. You can contact us by email at firstname.lastname@example.org. Do not send sensitive or confidential information via email.
- You may contact us via secure message through the NetConnect Online Banking system.
- Telephone. You can contact us by telephone at (314) 428-1059, ext. 3025.
- Facsimile. You can contact us by fax at (314) 423-5207.
- Postal Mail. You can write to us at: St. Johns Bank and Trust Company, Attn: Customer Service Department, 8924 St. Charles Rock Road, St. Louis, MO 63114.
In Person. You may visit us in person at any one of our locations:
- Main Bank. 8924 St. Charles Rock Road, St. Louis, MO 63114
- Bridgeton Branch. 11965 St. Charles Rock Road, Bridgeton, MO 63044.
- Cave Springs Branch. 1053 Cave Springs Road, St. Peters, MO 63376.
- O'Fallon Branch. 2897 Highway K, O'Fallon, MO 63368.
- Harvester Branch. 4001 Old Hwy 94 South, St. Charles, MO 63304.
With NetConnect Online Banking services, we may send messages to your external email address and notify you that responses to your payment inquiries or customer service inquiries are available. We cannot act on instructions sent by you from an external e-mail address. You should use NetConnect Online Banking secure message to send instructions to St. Johns Bank and Trust. If, for any reason your external e-mail address changes or becomes disabled, please contact St. Johns Bank and Trust immediately so that we can continue to provide you with automated messages. You may notify us of any changes to your external email address through the Options tab within NetConnect Online Banking system.
Contact by St. Johns Bank and Trust
St. Johns Bank and Trust employees will not contact you via email or telephone requesting your NetConnect Login ID or Password. If you are contacted by anyone requesting this information, please contact us immediately.
NetConnect Online Banking transactions will be reported on the monthly statements for your Accessible Accounts. Electronic payments will include a description of each transaction, including the payee, the date, and the amount of the transaction. Paper items will appear as any other check you would write from your checkbook.
Reporting Unauthorized Transactions
Telephone us at (314) 428-1059, extension 3025, or write us at: St. Johns Bank and Trust, Customer Service Department, 8924 St. Charles Rock Road, St. Louis, MO 63114.
Additional Provisions Applicable Only to Consumer and Sole Proprietor Accounts
In Case of Errors or Questions About Your Electronic Transactions
Telephone us at (314) 428-1059, extension 3025, or write us at 8924 St. Charles Rock Road, St. Louis, MO 63114 as soon as possible, if you think:
- Your statement or receipt is wrong.
- You need more information about a transfer listed on the statement.
- An unauthorized person has discovered your NetConnect Login ID or Password.
- Someone has transferred or may transfer money from your account without your permission.
- Bill Pay transactions have been made without your authorization.
We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
If you tell us verbally, we may require you to send us your complaint or question in writing or via NetConnect Online Banking secure message within ten (10) bank business days. When you contact us, please provide the following information:
- Your name and account number.
- The date and dollar amount of the transaction in question.
- The name of the Payee if the transaction in question is a payment.
- The transaction number assigned by NetConnect Online Banking, if available.
- A description of the transaction about which you are unsure.
Please explain, as clearly as you can, why you believe there is an error or why you need more information.
We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (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 ten (10) business days, we may not credit your account.
If a notice of error involves an electronic funds transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide 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.
Limitation of Liability
Tell us at once if you believe your NetConnect Login ID or Password has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your NetConnect Online Banking services could cause you to lose all of the funds in your accounts, plus any amount available under your Overdraft Privilege or Overdraft Protection Plan.
If you notify us within two (2) business days, you can lose no more than Fifty and 00/100 Dollars ($50.00) if someone used your password without your permission. If you do NOT notify us within two (2) business days after you learn of the loss or theft of your password, and we can prove that we could have stopped someone from using your password without your permission if you had told us, you could lose as much as Five Hundred and 00/100 Dollars ($500.00).
You will have no liability for unauthorized transactions if you notify us within sixty (60) days after the statement showing the transaction has been mailed to you. If you do not, you may not get back any of the money from any unauthorized transaction that occurs after the close of the sixty (60) day period, if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.
Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
For your protection, sign off after every NetConnect Online Banking session and close your browser to ensure confidentiality.
Our Liability for Failure to Complete Transactions
If we do not complete a transfer to or from your account(s) on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages to the extent agreed to in the applicable account agreement and as required under applicable state and federal law. In addition, we will not be liable:
- If, through no fault of ours, you do not have enough available funds in your account (or available credit under your Overdraft Privilege or Overdraft Protection Plan) to cover the transfer or transaction.
- If the money in your account is subject to legal process or other claim restricting such transfer.
- If NetConnect Online Banking services were not working properly and you knew about the malfunction when you started the transfer or transaction.
- If your PC, Internet Service Provider, telephone line, modem, or other equipment is not working properly.
- If your telephone service has been disconnected or there are deficiencies in the quality of your telephone line.
- If you do not authorize a payment soon enough for your payment to be received by the payee by the time it is due.
- If you have not provided us with the correct payee name, address, account information, payment amount, or other instructions necessary to complete the payment.
- If a payee cannot or will not accept a payment through the service.
- If a payee mishandles or delays the handling of payments sent by us.
- If there are delays or losses of payments caused by the U.S. Postal Service or other commercial delivery services.
- If circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disasters) prevent the transaction.
- If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
- If your password has been reported lost or stolen.
- If we have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal.
- If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages).
- There may be other exceptions not specifically mentioned.
Additional Provisions Applicable Only to Business Accounts (Other Than Sole Proprietors)
Protecting your NetConnect Login ID and Password
You agree that we may send notices and other communications, including your NetConnect Login ID and Password confirmations to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that St. Johns Bank and Trust will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: 1) keep your NetConnect Login ID, Password and Security Token (if applicable) secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you give your NetConnect Login ID and Password that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new NetConnect Login ID and Password if you believe your NetConnect Login ID or Password may have become known to an unauthorized person 4) Immediately notify us if your Secure Token is lost, stolen or compromised. St. Johns Bank and Trust will have no liability to you for any unauthorized payment or transfer made using your NetConnect Login ID or Password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your NetConnect Login ID and Password even without receiving such notice from you, if we suspect your NetConnect Login ID and Password are being used in an unauthorized or fraudulent manner.
Acknowledgement of Commercially Reasonable Security Procedures
By using NetConnect Online Banking, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).
Limitation of Bank’s Liability
If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount that we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount that exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed sixty (60) days’ interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where St. Johns Bank and Trust is headquartered for each day interest is due, computed on the basis of a three hundred sixty (360) day year. Unless otherwise required by law, in no event will St. Johns Bank and Trust be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorney’s fees, even if we are advised in advance of the possibility of such damages.
Additional Service Intended for Businesses
Creating and Managing Users
Cash Management users may add additional users to your NetConnect Login ID and they will all share the same NetConnect Login ID and Password. The authority levels for each account are assigned to each user by the Company Administrator. If you use a Security Token device to access NetConnect, each user will have their own unique Login ID and Password.
You agree that, by granting access to your NetConnect Login ID and Password, you will be allowing a user to transfer funds, perform account maintenance and view account transactions for the linked account. If you select the bill pay feature, that NetConnect Login ID user will automatically have full access to all bill pay features. If you or any person you have given the NetConnect Login ID and Password to are no longer a person authorized on the signature card for each linked account to designate signers for each such account, the business has the obligation to change the password and inform St. Johns Bank and Trust NetConnect OnLine Banking Services of the new individual or individuals with such authority. Such notice must be given separately from any other notices given to other St. Johns Bank and Trust departments or branches by calling us at (314) 428-1059, extension 3025. You may also write us at: St. Johns Bank and Trust, Customer Service Department, 8924 St. Charles Rock Road, St. Louis, MO 63114.
St. Johns Bank and Trust will have no liability to you for unauthorized payments and transfers made using the passwords you assign that occur before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.
Contacting St. Johns Bank and Trust
For general questions, cancellation of service, or to report unauthorized transactions; please call us at (314) 428-1059, extension 3025. Customer Service is available from 8:30 a.m. to 5:00 p.m. Monday through Thursday, 8:30 a.m. to 6:00 p.m. on Fridays, and from 9:00 a.m. to 12:00 noon on Saturdays, excluding holidays. You may write to us at: St. Johns Bank and Trust, Customer Service Department, 8924 St. Charles Rock Road, St. Louis, MO 63114.
Protecting your NetConnect Login ID, Password and Security Token
As our NetConnect Online Banking customer, you have chosen a NetConnect Login ID and Password which also allows you access to the NetConnect Online Banking. Your responsibility for transactions and other activities that occur or are undertaken using your NetConnect Login ID and Password includes those transactions and activities that may be taken by anyone using NetConnect Online Banking after logging in with your NetConnect Login ID and Password. You are also responsible for keeping your NetConnect Login ID and Password confidential and for ensuring that you have logged out of the NetConnect OnLine Banking when your session is complete to prevent unauthorized persons from using NetConnect Online Banking. You agree that you will be the only user of your NetConnect Login ID and Password, that you will not transfer or disclose any of this information to any other unauthorized persons, and that you will be responsible for all usage of the NetConnect Online Banking and any fees associated with use of other services accessed through NetConnect Online Banking on your account whether or not authorized by you. You agree to immediately contact us if you know of or suspect any unauthorized use of your NetConnect Login ID, Password and Security Token (if applicable). Please use maximum caution in protecting your NetConnect Login ID and Password from disclosure to anyone else – you may be ultimately responsible for any transactions or actions made by a party accessing NetConnect Online Banking by using your NetConnect Login ID and Password.
In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes, secure tokens or other means of identification. We reserve the right to block access to the Services to maintain or restore security to NetConnect, if we reasonably believe your access codes have been or may be compromised or are being used or may be used by an unauthorized person(s).
Providing Personal Information
You agree to provide true, accurate, current and complete information about yourself as requested and you agree not to misrepresent your identity.
No Illegal Use of the Service
You agree not to use NetConnect Online Banking to conduct any business or activity or solicit the performance of any activity prohibited by law or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with NetConnect Online Banking. You certify that you are eighteen (18) years of age or older or otherwise able to lawfully enter into contracts under applicable law.
Change In Terms
We may change any term of this Agreement at any time. For example, we may add, delete or amend terms or services. We will notify you of such changes by mail or electronic message. Your continued use of any or all of the subject NetConnect Online Banking 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.
Disclaimer of Warranty and Limitation of Liability
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 NetConnect Online Banking services provided to you under this Agreement. We do not and cannot warrant that NetConnect Online Banking will operate without errors, or that any or all NetConnect OnLine Banking 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 NetConnect Online Banking 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. Further, in no event shall the liability of St. Johns Bank and Trust and its affiliates exceed the amounts paid by you for the services provided to you through NetConnect Online Banking.
Electronic Disclosure and Consent
You agree that we may provide you with all disclosures, notices and other communications, about NetConnect Online Banking and Business NetConnect Online Banking, including the NetConnect Online Banking Agreement and Disclosure, and any future amendments, in electronic form. We will provide all future notices by posting them on the NetConnect Online Banking Login Page for a period of at least thirty (30) days. You may download or print the notices from your computer if you have the necessary hardware and software. You agree to notify us immediately of any change in your e-mail address.
At your request, we will provide you with a paper copy of any of the above documents without any fee.
You have the right to withdraw this consent, but if you do, we will immediately terminate your participation in NetConnect Online Banking – Personal (non-business) or NetConnect Online Banking – Business service. You may obtain copies of any documents we provided electronically or withdraw your consent by calling us at (314) 428-1059, extension 3025.
In order for you to access and retain records, your system must meet the following requirements:
- An IBM or Macintosh-compatible computer
- Internet access
- An Internet Browser
For PCs using Windows NT, 2000, ME, XP:
- Microsoft Internet Explorer 5.5 or higher
- Microsoft Internet Explorer with AOL 5.5 or higher
- Netscape 6.2 or higher
For Macintosh PCs using OS9 and OS 10:
- Microsoft Internet Explorer 5.0 or higher
- Microsoft Internet Explorer with AOL 5.0 or higher
- Netscape 6.2 and higher
- Safari 1.0 (of OS 10 only)
To print or download disclosures you must have a printer connected to your PC or sufficient hard-drive space to save the disclosure.
You are solely responsible for the maintenance, installation and operation of your computer, and for the hardware and software used in accessing NetConnect Online Banking. We are not responsible for any errors, deletions, or failure that occur as a result of any malfunction of your computer or software, nor will NetConnect Online Banking be responsible for any computer virus that affects your computer or the software while using NetConnect Online Banking. An undetected virus or virus that is not removed from your computer may corrupt and destroy your programs, files and even your hardware.
Additionally, you must have an Internet Service Provider and a one hundred twenty-eight (128)-bit compliant browser to utilize NetConnect Online Banking. It will be your responsibility to establish these. Any costs or fees to obtain these services or software are solely your responsibility.