SUNFLOWER
BANK N.A.
INTERNET BANKING ACCESS AGREEMENT & ENROLLMENT FORM
Access
Request
– The undersigned Internet Banking Customer (“CUSTOMER”) hereby
requests that Sunflower Bank N.A. , a national banking association
(“BANK”), permit Customer’s access to the accounts(s) listed on the
Sunflower Bank Internet Banking Enrollment Form, which Customer owns and
maintains with Bank, via Bank’s Internet Banking Web Site, to wit: www.sunflowerbank.com
(“WEB SITE”).
Agreement – This Agreement,
which includes the Fee Schedule and Enrollment Form, is a contract which
establishes the rules which cover your electronic access to your accounts at
BANK through the Internet Banking System ("SYSTEM").
By using SYSTEM, you accept all the terms and conditions of this
Agreement.
Please read it carefully.
The terms and conditions of the deposit agreements and disclosures
for each of your BANK accounts as well as your other agreements with BANK
such as loans, continue to apply notwithstanding anything to the contrary in
this Agreement.
This Agreement is also subject to applicable federal laws and the
laws of the State of Kansas (except to the extent this Agreement can and
does vary such rules or laws).
If any provision of this Agreement is found to be unenforceable
according to its terms, all remaining provisions will continue in full force
and effect.
The headings in this Agreement are for convenience or reference only
and will not govern the interpretation of the provisions.
Any waiver (express or implied) by either party of any default or
breach of this Agreement must be in writing and shall not constitute a
waiver of any other or subsequent default or breach.
You may not assign this Agreement.
This Agreement is binding upon your heirs and BANK's 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.
This Agreement, together with the Enrollment Form and Fee Schedule,
constitutes the entire agreement between you and BANK with respect to the
subject matter hereof and there are no understandings or agreements relative
hereto which are not fully expressed herein.
Definitions – As used in this
Agreement, the words "we", "our", "us" and
"BANK" mean SUNFLOWER BANK N.A.
"You" and "your" and “CUSTOMER” refer to the
accountholder authorized by BANK to use SYSTEM under this Agreement and
anyone else authorized by that accountholder to exercise control over the
accountholder's funds through SYSTEM.
"Account" or "accounts" means your accounts at
BANK.
"Electronic funds transfers" means ATM withdrawals,
preauthorized transactions, point of sale transactions and
transfers to and from your BANK accounts using SYSTEM including bill
payments.
"SYSTEM Services" means the services provided pursuant to
this Agreement, including the Bill Payment Service.
"Business days" means Monday through Friday, not including
holidays.
Access – To use SYSTEM, you
must have at least one checking account at BANK, access to Internet service,
and an e-mail address.
SYSTEM can be used to access only the BANK accounts which you have
designated for access by SYSTEM in your Enrollment Form.
You can add or delete any of your BANK accounts from this Agreement
by entering the change information in the COMMENT box under CHANGE OF ADDRESS.
Access to your accounts through SYSTEM will be based upon the
identification of users and authority levels specified by you in your
Enrollment Form.
We undertake no obligation to monitor transactions through SYSTEM to
determine that they are made on behalf of the accountholder.
SYSTEM Services and
Hours of Access – You can use SYSTEM to check the balance of your BANK
accounts, view BANK account histories, transfer funds between your BANK
accounts, make stop payment requests, view checks, change your address, and
pay bills from your BANK accounts in the amounts and on the dates you
request if you have requested the Bill Payment Service on your Enrollment
Form.
Balance and activity information are available as of the previous
business day.
You can use SYSTEM seven days a week, twenty-four hours a day,
although some or all SYSTEM services may not be available occasionally due
to emergency or scheduled system maintenance.
We agree to post notice of any extended periods of non-availability
on the SYSTEM WEB SITE.
Your Password – For security
purposes, you are required to change your password upon your initial login
to SYSTEM. You acknowledge and agree that Bank, in granting your request,
shall issue to you an Initial Personal Identification Number
(Initial PIN) to facilitate your exclusive access to the WEB SITE as
requested herein and said Initial PIN shall be kept absolutely confidential
by you to ensure the WEB SITE access security to your accounts.
Further, you agree to change the Initial PIN to a PIN of your sole
selection and choosing upon your initial access to the WEB SITE, with such
initial access by you to occur within 72 hours of your receipt of the
Initial PIN by U.S. Mail.
You determine what password you will use and the identity of your
password is not communicated to us.
Neither Bank nor any of its representatives shall ever ask for your
PIN. You agree that we are authorized to act on instructions received under
your password.
You accept responsibility for the confidentiality and security of
your password and agree to change your password regularly.
Upon three unsuccessful attempts to use your password, your access to
SYSTEM will be revoked for 24 hours.
To re-establish your authorization to use SYSTEM, you must contact us
to have your password reset or to obtain a new temporary password.
Security – You understand the
importance of your role in preventing misuse of your accounts through SYSTEM
and you agree to promptly examine your paper statement for each of your BANK
accounts as soon as you receive it.
You agree to protect the confidentiality of your account and account
number, and your personal identification information, such as your driver's
license number and social security number.
You understand that personal identification information by itself, or
together with information related to your account, may allow unauthorized
access to your account.
Your password and login ID are intended to provide security against
unauthorized entry and access to your accounts.
Data transferred via SYSTEM is encrypted in an effort to provide
transmission security and SYSTEM utilizes identification technology to
verify that the sender and receiver of SYSTEM transmissions can be
appropriately identified by each other.
Notwithstanding our efforts to insure that the SYSTEM is secure, you
acknowledge that the Internet is inherently insecure and that all data
transfers, including electronic mail, occur openly on the Internet and
potentially can be monitored and read by others.
We cannot and do not warrant that all data transfers utilizing BANK
SYSTEM, or e-mail transmitted to and from us, will not be monitored or read
by others.
Fees and Charges – You agree to
pay the fees and charges for your use of SYSTEM Services as set forth in the
current fee schedule.
You agree that all such fees and charges will be deducted from the
BANK checking account designated as the "Primary Checking Account"
on your Enrollment Form (First DDA account listed).
If you close your Primary Checking Account, you must contact us
immediately to designate another account as your Primary Checking Account.
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 SYSTEM.
General SYSTEM usage is free for all BANK customers.
The SYSTEM Bill Payment Service is available at no extra charge.
Prices are subject to change.
Account Balances and Posting of
Transfers – Account
balances at the close of the previous business day and account transactions
posted on the previous business day are normally available on the WEB
SITE by 9:00AM each business day (excluding weekends and holidays).
Additionally, presentment and memo posted account transactions are
normally updated and available on the WEB SITE at 11:00AM and 2:00PM each
business day.
Although Bank agrees to use its best efforts to provide account
information at these times each business day, Bank does not guarantee that
account information will be available according to this schedule.
Customer can always obtain current account information during
business hours by contact the Customer Support Center at
(888) 827-5564. Transfers
initiated through SYSTEM before 2:30PM. on a business day are posted to your
account the same day.
Transfers completed after 2:30PM on a business day, or anytime on a
Saturday, Sunday or banking holiday, will be posted at the end of the next
business day.
SYSTEM identifies transfers based upon the login ID of the user who
made the electronic transfer.
Accordingly, you understand and acknowledge that the View Postings
screens in both the Transfer and Bill Payer menu options of SYSTEM will not
reflect transfers made by multiple users from the same account if different
login IDs are used.
You agree to communicate with any other persons with authorized
access to your accounts concerning any transfers or bill payments from your
accounts in order to avoid overdrafts.
Overdrafts
(Order of Payments, Transfers, and other Withdrawals) – If your
account has insufficient funds to perform all electronic fund transfers you
have requested for a given business day, then:
a.
Electronic funds transfers involving currency disbursements, like ATM
withdrawals, will have priority;
b.
Electronic fund transfers initiated through SYSTEM which would result
in an overdraft of your account may, at our discretion, be cancelled,
including bill payments;
c.
In the event the electronic fund transfers initiated through SYSTEM
which would result in an overdraft of your account are not cancelled,
including bill payments, overdraft charges may be assessed pursuant to the
terms of the deposit agreement for that account.
Customer shall pay overdrafts which occur from herein contemplated
events, if any, upon demand.
Limits on Amounts and Frequency of SYSTEM
Transactions –
The number of transfers from BANK accounts and the amounts which may be
transferred are limited pursuant to the terms of the applicable deposit
agreement and disclosure for those accounts.
If an uncollected funds hold has been placed on deposits made to an
account from which you wish to transfer funds, you cannot transfer the
portion of the funds held until the hold expires.
SYSTEM Bill Payment Service – You must designate the BANK account from
which the payments are to be made; the complete name of the payee, the
account number, and the payee's remittance address, all exactly as shown on
the billing statement or invoice; the amount of the payment; and the date
you want the payment to be debited from your account.
If the date you want the payment to be debited from your account is
not a business day, your account will be debited the next business day
before 2:30PM. By using the SYSTEM Bill Payment Service option, you agree
that, based upon instructions received under your password, we can charge
your designated account by electronic transfer, "no signature required
draft", or by debiting and remitting funds on your behalf.
You also agree that your first SYSTEM bill payment will be charged to
your Primary Checking Account. We reserve the right to refuse to pay any
payee designated by you. If we
do so, we will notify you promptly.
Scheduling SYSTEM Payments – If
the payee is to be paid by paper check (as indicated on the Bill Payer
list), you understand and agree that paper checks are mailed to the payee
and the payee may not receive the payment until 5 to 8 business days after
the date the payment is debited from your account.
If the payee is to be paid electronically (as indicated on the Bill
Payer list), you understand and agree that the payee may not receive the
payment until 72 hours after the date the payment is debited from your
account. You understand and
agree that we are not responsible for the timely delivery of mail or the
improper transmission or handling of payments by a third party such as the
failure of the bill payment payee to properly post a payment to your
account.
SYSTEM Bill Payments –
If a bill payment request “rejects” due to incorrect information
(i.e. wrong account number), Sunflower Bank will receive notification of the
rejected item on the business day following the day your account was
debited. However, your account
will not be recredited for the rejected item until the business day
following notification to us. You may resubmit the payment at that time.
You accept responsibility to correct the vendor information before
resubmitting the rejected bill payment.
How to Cancel a SYSTEM Bill Payment
– To cancel a bill payment that you have scheduled through SYSTEM, you
must cancel the payment online via SYSTEM (by following the onscreen
instructions) before 2:30PM. on the date the payment is scheduled to be
debited from your account. Once
the bill payment has been debited from your account, you CANNOT cancel or
stop a bill payment.
Stop-Payment Requests –
Stopping the payment of a check is different from the cancellation of a bill
payment. You may initiate
stop-payment requests online via SYSTEM only for paper checks you have
written (non-electronically) on your BANK accounts (not SYSTEM bill payer
paper drafts.) Online
stop-payment requests are retrieved and processed throughout the business
day. However, Sunflower Bank
requires a reasonable time to act upon such e-mail requests. If you require
immediate action regarding a stop payment request, you must call our
Customer Support Center at (785) 826-2295 or (888) 827-5564. To be effective, this type of stop-payment request must
precisely identify the name of the payee, the check number, the amount, and
the date of the check. If you
make your stop-payment request online or by telephone, we may also require
you to put your request in the form of a paper writing and get it to us
within 14 days after you call. You
will incur stop-payment charges as disclosed in the current fee schedule for
the applicable account.
Disclosure of Account Information and
Transfers – As a diversified financial services company, SUNFLOWER
BANK N.A. has a separate bank subsidiary which is an insurance agency.
Information held by one SUNFLOWER BANK N.A. entity is available to
other SUNFLOWER BANK N.A. affiliates for authorized purposes.
Information about your accounts or the transfers you make may also be
automatically disclosed to other parties.
For example, tax laws require disclosure to the government of the
amount of interest you earn, and some transactions, such as large currency
and foreign transactions, must be reported to the government.
We may also provide information about your accounts to persons or
companies we believe would use the information for reasonable purposes, such
as when a prospective creditor seeks to verify information you may have
given in a credit application or a merchant calls to verify a check you have
written. In addition, we routinely inform credit bureaus when accounts
are closed because they were not handled properly.
We may also seek information about you from others, such as the
credit bureau, in connection with the opening or maintaining of your account
or in connection with approving your access to SYSTEM. You agree and hereby authorize all of these transfers of
information.
Periodic Statements – You will
not receive a separate SYSTEM statement.
Transfers to and from your accounts using SYSTEM will appear on the
respective periodic paper statements for your BANK accounts.
Change in Terms – We may change
any term of this Agreement at any time.
If the change would result in increased fees for any SYSTEM service,
increased liability for you, fewer types of available electronic fund
transfers, or stricter limitations on the frequency or dollar amount of
transfers, we agree to give you notice at least 21 days before the effective
date of any such change, unless an immediate change is necessary to maintain
the security of an account or our electronic fund transfer system.
We will post any required notice of the change in terms on the BANK
SYSTEM WEB SITE or forward it to you by e-mail or by postal mail.
Disclaimer of Warranty and Limitation
of Liability – We make no express warranty of any kind, in connection
with the SYSTEM Services provided to you under this Agreement.
We do not and cannot warrant that SYSTEM will operate without errors,
or that any or all SYSTEM Services will be available and operational at all
times. Except as specifically
provided in this Agreement, or otherwise required by law, you agree that our
officers, directors, employees, agents or contractors are not liable for any
indirect, incidental, special or consequential damages under or by reason of
any services or products provided under this Agreement or by reason of your
use of or access to SYSTEM, including loss of profits, revenue, data or use
by you or any third party, whether in an action in contract or tort or based
on a warranty. Further, in no
event shall the liability of BANK and its affiliates exceed the amounts paid
by you for the services provided to you through SYSTEM.
Your Right to Terminate – You
may cancel your SYSTEM service at any time by providing us with written
notice by postal mail or fax. Your
access to SYSTEM will be suspended within 3 business days of our receipt of
your instructions to cancel the service.
You will remain responsible for all outstanding fees and charges
incurred prior to the date of cancellation.
Our Right
to Terminate – You agree that we can terminate or limit your access to
SYSTEM Services for any of the following reasons:
1.
Without prior notice, if you have insufficient funds in any one of
your BANK accounts.
SYSTEM service may be reinstated, in our sole discretion, once
sufficient funds are available to cover any fees, pending transfers, and
debits.
2.
Upon 3 business days notice, if you do not contact us to designate a
new Primary Checking Account immediately after you close your Primary
Checking Account.
3.
Upon reasonable notice, for any other reason in our sole discretion.
Communications between BANK and You – Unless this Agreement provides otherwise,
you can communicate with us in any one of the following ways:
E-mail: You can
contact us by e-mail at SunNet@sunflowerbank.com (Please note that banking
transactions through SYSTEM are not made via e-mail.)
Telephone: You can
contact us by telephone at (785) 826-2295 or (888) 827-5564
Postal Mail:
You can write to us at: SUNFLOWER
BANK N.A. ,P.O. Box 800, Salina, KS 67402-0800
In Person:
You may visit us in person at any one of our branch locations: See the “Contact Us” screen on our web page for a
detailed listing.
Consent to Electronic Delivery of
Notices – You agree that any notice or other type of communication
provided to you pursuant to the terms of this Agreement, and any future
disclosures required by law, including electronic fund transfer disclosures,
may be made electronically by posting the notice on the BANK SYSTEM WEB SITE
or by e-mail. You agree to
notify us immediately of any change in your e-mail address.
The
Internet Banking System is a trademark of Q-UP Systems.
(All other Brand and product names are trademarks or registered
trademarks of their respective owners).
Features and services availability are subject to change without
notice.
By
filling out and submitting the Sunflower Bank Enrollment form below, you
acknowledge and accept the terms as described above.
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Enrollment Form
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