Acceptance of Terms: This Online Banking Agreement, (this "Agreement"), contains the terms and enrollment form that govern your use of the Town & Country Bank's Online Banking Service. In this Agreement we will use the word "Online Service" to refer to Town & Country Bank's Online Banking Service. Upon accessing this site, you acknowledge that you will, or have read, and agree to abide by, the terms and conditions described below. Your use and browsing of this site is at your own risk. Should you decide not to agree to the following terms and conditions, you should exit this site.
You may use a service provider to access your Eligible Accounts through the Internet. Other service functions are also available through this Internet access. This agreement is subject to change and may be revised by Town & Country Bank from time to time without prior notice. Your continued use of our Online Banking Service following any changes or revisions shall constitute your acceptance of such changes or revisions.
Use of this site is expressly conditioned on your acceptance of the following terms and conditions. This Agreement governs in conjunction with other agreements between us, including but not limited to: your signature card, our rules governing deposit accounts, fee schedules, electronic funds transfer agreement and disclosure, loan agreement(s), and bill payments authorization and agreement. If the terms and conditions of this Agreement conflict with those contained in the other agreements between us, this Agreement controls. If you do not agree with any part of the terms and conditions in this Agreement, you must not use this site. Use by you or by any person authorized by you of this site indicates your agreement to these terms and conditions regarding the Service.
Information about products and services described is for informational purposes only and should not be considered as an offer to make those products and services available to you. You may not be eligible for all of the products and services described. Your eligibility for any product and service is subject to final determination and acceptance by Town & Country Bank.
This Web site is not intended to provide legal, accounting, financial, or tax advice. You should consult your own professional advisor on such matters.
You are prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material.
Definitions: In this Agreement, the words "we," "us," and "our" refers to Town & Country Bank, and any of our affiliates, and their successors or assigns. "You" or "your" refers to the owner of an Eligible Account or an authorized representative. "Account", "accounts", or "eligible account" means the account(s) tied to your customer identification access code used through our Online Banking Service to conduct banking transactions or bill payments. "Authorized representative" refers to a person with authority of any kind with respect to an Eligible Account or an Online Banking Transaction; "Electronic Fund" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your account using "Online Service" including bill payments. "Business Days" means every Monday through Friday, excluding Banking Holidays.
EQUIPMENT REQUIREMENTS: Online Service requires a personal computer ("PC") equipped with a modem which runs at a speed of at least 56K baud. To provide the highest degree of confidentiality and security, we require the use of browsers that provide encryption using a 128-bit key. You are responsible for acquiring and maintaining this equipment and software. It is recommended that you also acquire and maintain current virus protection software to protect your PC, software, and data from computer "viruses" and other equipment or software problems and/or failures. Town & Country Bank is not responsible for electronic virus or viruses that you may encounter. We encourage you to routinely scan your PC and diskettes using a reliable product. Undetected or un-repaired viruses may corrupt and destroy your programs, files, and even your hardware. Town & Country Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
Eligible Accounts: Each Town & Country Bank product you have with us, which are enrolled in the Online Service, is called an "Eligible Account." Examples of products that you may elect to enroll as Eligible Accounts include: checking accounts, savings accounts, money market accounts, certificates of deposits and loans.
You may use Online Service to perform any of the following services designated by you in the original application or subsequent application provided by you:
Access to Eligible Accounts: To use Online Service, you must have at least one account with us, access to Internet service, and an e-mail address. Once we have received your signed Enrollment Form, delivered in person to one of our offices, or faxed to one our offices, or mailed to P.O. Box 349. Salem. MO. 65560, and verified your account information, we will send you confirmation of our acceptance of your enrollment. along with your assigned FI key. (Completely remove this portion of text).
You may access Eligible Accounts, as designated on your enrollment form, at the Town & Country Bank website at www.tcbanks.com to obtain balances, transaction history, and other information. Subject to the terms of this Agreement, you will generally be able to access your Eligible Accounts through the Website seven days a week, 24 hours a day.
At certain times, the Online Service may not be available due to system maintenance or circumstances beyond our control. During these times, you may use our Dial-A-Bank touch-tone service by calling the number for your location, or one of our Town & Country Bank offices to obtain information about your Eligible accounts.
Electronic Mail (E-Mail): You may communicate with us by sending E-mail, but you cannot use E-mail to initiate transactions on your Eligible Accounts. E-mail is not a secure method of communication over the Internet, and we recommend you do not send confidential information by E-mail. To ensure the security of your Eligible Account information, we recommend that you use the SECURE E-mail function only, available through the Online Service; or when asking specific questions about your Eligible Account(s) or calling one of our Town & Country Bank locations.
Online Banking Services: You may use Online Service to obtain account information through our Website. This includes obtaining balance information, transaction history and other information on your Eligible Accounts. This information is updated daily at 8:30 p.m.
A transfer completed through Online Service before the transfer cutoff time on a business day will be posted to your Eligible Account the same day. All transfers completed after the transfer cutoff time on a business day or on a day that is not a business day, will be posted on the next business day. The transfer cutoff time is 3:00 p.m. (Central Time). The following cutoff times pertain to additional Online Banking Service transactions:
Payments must be scheduled 3 to 5 business days prior to due date, with approximately 5 days required whenever a check is to be issued.
Every day is a business day except Saturdays, Sundays and federal holidays.
All electronic communications that we receive from you on the tcbanks.com site that meet identity requirements will be deemed valid, authentic and binding obligations. You intend and agree that these electronic communications will be given the same legal effect as your written and signed paper communications and shall be deemed for all purposes to have been signed" and to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business. You agree that electronic copies of communications are valid and you will not contest the validity or enforceability of such transactions, absent proof of altered data or tampering.
Town & Country Bank may, from time to time, introduce new Online Banking Services. When this happens we will update our Website to include them. Your use of any new Online Banking Service will be governed by the terms of this agreement.
Overdrafts (Order of Payments, Transfers, and other Withdrawals): If your Eligible Account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:
Linked Eligible Accounts: All enrolled Eligible Accounts will be linked in accordance with the Online Banking agreement form, allowing viewing and access.
Limits On Amounts And Frequency Of Service Transactions: The number of transfers from Eligible Accounts and the amounts that may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. According to Federal Regulations, you may not make more than six (6) preauthorized or automatic transfers from your money market or savings account during the statement cycle period.
If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer that portion of the funds until the hold expires.
Payments: If you have enrolled in the bill payment service, you may use Town & Country Bank's Online Banking to initiate payments from your Eligible Account, which is a checking account with unlimited check-writing privileges, to pay obligations owed to certain third parties in the United States with payment made in US Dollars. This service is not available to you if the only accounts you've designated for online banking are Savings Accounts or Money Market Accounts.
You may initiate individual bill payments and may pre-authorize recurring bill payments. You must designate the account used to process bill payment debits and any applicable fees. You agree that we may treat any bill payment that was initiated through Online Banking Service by you, or by any other person who you authorize to use your password, the same as your duly executed written payment order or check, all in accordance with the terms of this Agreement and your deposit agreement with us.
Time of Bill Payments: Each bill payment must be initiated a certain number of business days before the business day that you want the bill payment to be made. You must allow 3 business days for electronic payments and approximately 5 business days by check. A bill may be paid as quickly as 48 hours from the receipt of your request. You should schedule each bill payment to be made prior to the due date of the bill payment by allowing 3 business days for electronic payments and approximately 5 business days whenever a check is to be issued. If you do not schedule a bill payment on time, or if you do not otherwise initiate a bill payment properly, you will be solely responsible for any late charges, finance charges, or other costs resulting from failure to make the bill payment by the appropriate time. You will be solely responsible for all imputing errors.
If the payee cannot or will not accept a bill payment by electronic fund, a check will be generated and submitted to the payee. Although the check will not be signed by you, you agree that any check issued in this manner to make a bill payment initiated in accordance with this Agreement will be deemed authorized and may be paid by the Bank from the designated Eligible Account.
Returned Or Rejected Bill Payments: If a bill payment is returned or rejected, whether by the Bank, the Service Provider, or any third party (including without limitation, an intermediary bank or the payee's bank), then either the Bank or the Service Provider will notify you and you will be solely responsible for re-initiating the Online bill payment or making alternate arrangements for payment. In no case will we automatically resubmit a Payment for you. You agree to furnish to the Bank and/or the Service Provider such information as it may request to any error or inquiry arising out of your initiation of any bill payment(s).
Cancellation Or Stop Payment Of Bill Payments: Stopping the payment of a check is different from the cancellation of a bill payment. You may review, cancel or edit any Scheduled Payment (including recurring payments) online without additional charge while the bill payment request is pending by following the directions via the "Online Service". Once the Bill Pay Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
To be effective, this type of stop-payment request must precisely identify the name of the payee, as well as the amount and the date of the check or bill pay transaction. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. You may not stop payment of any type of online transfer other than a bill payment. You may revoke your authorization for future recurring bill payments by deleting the bill payment instructions, as provided in the online bill pay system, or by canceling the bill payment service.
Authorized Representatives For Business Accounts: If a business owns an authorized account, any authorized representative of your business is authorized on such terms, conditions, and agreements as eligible from time to time required to:
Our Liability for Failure to Make A Transfer: If we do not complete a transfer to or from your account on time, or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions in which we will NOT be liable. For instance:
Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your Eligible Account, if you are an owner of an Eligible Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments, and expenses arising out of, or in any way connected with, an Eligible Account or the performance of any Online Service. This indemnification is provided without regard to whether our claim for indemnification is due to the use of the Online Service by you or your authorized representative.
Our duties and responsibilities to you are strictly limited to those described in the Agreement, except with respect to any provisions of the law applying to electronic fund transfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, or punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if the Bank has been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an independent contractor and not the Bank's agent. The Bank's sole duty shall be to exercise reasonable care in the initial selection of the Service Provider.
Your Liability and Responsibility for Unauthorized Transfers: If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account, notify Town & Country Bank immediately, in person, by telephone or in writing, at 573-729-3155 or at P. O. Box 349, Salem, MO 65560.
You could lose all of the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission. If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had informed us, you could lose as much as $500.00.
Also, if your paper statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have prevented someone from taking the money if you had informed us in time. If extenuating circumstances kept you from contacting us, we will reasonably extend the time periods.
Contact us as soon you can if you think your paper statement is wrong, or if you need more information about a transfer listed on your paper statement.
The telephone number and address of the person or office to be notified when you believe that an unauthorized EFT has been or may be made are:
When you contact us:
If you contact us by telephone, we may require that you send us your complaint or question in writing by postal mail or fax within 10 business days.
We will communicate to you the results of our investigation within 10 business days after you contact us 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 take this option, we will provisionally 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 in the form of a paper writing within 10 days, we may not provisionally credit your account. We will send you a written explanation within 3 business days after we finished our investigation. You may ask for copies of the documents that we used in our investigation.
If a notice of error involves an electronic funds transfer that was initiated in a location outside the United States, the applicable time period for action shall be (20) business days in place of ten (10) business days, and ninety (90) calendar days in place of forty five (45) calendar days. If we have made a provisional credit, a corresponding debit will be made from your account.
If we have reasonable proof, within our sole discretion, that the merchant has received your bill payment, we will not credit your account. We will make every effort to work with the merchant to resolve the issue on your behalf. In our investigation of bill payment transactions, we will request from a merchant a refund of any interest and/or fees which you may have been assessed. You will be notified of the final resolution.
Security: You will be required to change your password the first time you use the Online Banking System. This password can be altered within the Online Service. We recommend that you change your password regularly. We recommend that you create a password that utilizes both upper and lower case, alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, or names of children. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize the password and do not write it down. You are responsible for keeping your password and Eligible Account information confidential.
We require the use of a 128 bit secure browser to login to your account and perform transactions. Certain versions of Netscape Navigator or Microsoft Internet Explorer are secure browsers. If you are not using one of these browsers, or feel your browser does not meet the security requirements of www.tcbanks.com, use one of the following links to download and upgrade your browser.
These hyperlinks are also available on www.tcbanks.com website.
Secure browsers employ Secure Sockets Layer (SSL) technology to communicate with servers. The technology encrypts or scrambles the communication (i.e., your account information) so it's virtually impossible for anyone other than Town & Country Bank or its affiliates to read it.
Upon five unsuccessful attempts to use your password, your access to Online Service will be suspended. To reestablish your authorization to use the Service, you must contact us to have your password reset or to obtain a new temporary password.
Links: Links to non-Town & Country Bank websites contained in this site are offered only as pointers to sources of information on subjects that may be of interest to users of the Town & Country Bank website. Town & Country Bank is not responsible for the content of such sites as we have no control over what they display. Town & Country Bank does not guarantee the authenticity of documents at such sites, and links to non-Town & Country Bank sites does not imply any endorsement of or responsibility for the ideas, opinions, information, products, or services offered at such sites. Use of links to any non-Town & Country Bank site is solely at the user's own risk.
Termination: Town & Country Bank may terminate this Agreement and/or your access to any transaction through the Online Service, in whole or in part, at any time.
Access to the Online Services, in whole or in part, may be reinstated by us, at our discretion, at any time. If reinstated, the then current terms of this Agreement will control.
If you wish to cancel any of your Online Services, contact your local Town & Country Bank or send us cancellation instructions in writing to:
Town & Country Bank
P.O. Box 349, Salem, MO 65560
Changes: Except as otherwise required by law, rule or regulation, we may change the terms of this Agreement from time to time and at any time. When changes are made, we will update this Agreement at the Website. The Website will be updated on the effective date, unless an immediate change is necessary to maintain security of the system or unless a law, rule, or regulation requires that it be updated at an earlier time. As always, you may choose to accept or decline changes by continuing or discontinuing using the Online Service.Disclosure Of Information: You authorize us to disclose to third parties, affiliates, and agents (such as independent auditors,) consultants or attorneys, information you have provided, or that we or our affiliates have obtained, about your accounts and the transfer you make: