The following information represents the “Personal Online Banking and Mobile Banking Agreement and Disclosure” between you and MidWestOne Bank. Please read this entire document prior to using this service and retain a copy for your records.
This agreement is made between you and MidWestOne for accessing your MidWestOne accounts using our web site (www.MidWestOne.com) or Mobile Banking services. As used in this document, the words, “we”, “our”, and “us” mean MidWestOne Bank and assigns the words “you” and “your” to mean each account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account(s). Online Banking and Mobile Banking Services (Services) mean the communications and transactions provided to you by us through the MidWestOne.com web site or your mobile device, including but not limited to the following: account information, funds transfers, bill payments, stop payments, statement/transaction inquiries and downloads.
By using the Services, you agree to abide by the terms and conditions of this agreement and acknowledge your receipt and understanding of the disclosures contained in this agreement. This agreement is in addition to other agreements between you and us, including the applicable deposit account Terms and Conditions of Your Account disclosure agreement and other loan agreements with us. If there is a conflict between the terms and conditions of this agreement and the terms and conditions of any other agreements between you and us, this agreement will control.
When you use our Services, you agree to the terms and conditions we have set forth in this agreement and any instructional material that we provide you regarding the Services. Your use of the Services may be made by use of certain numbers, codes, marks, signs, public keys or other means of establishing your identity and acceptance of the electronic communications, which are acceptable to MidWestOne. All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering.
To access the available Services through MidWestOne’s Online Banking, you will need a personal computer with Internet and e-mail access and an Internet browser that supports 128-bit encryption (such as Microsoft Internet Explorer or 7.0 higher), an active e-mail account, Adobe Acrobat Reader, and a printer attached to your computer and any necessary hardware and other software. You will need to be an Online Banking customer of MidWestOne Bank to receive electronic account statements. Other browsers may also work; however, the accountholder must ensure the browser will provide 128 bit encryption. You will need Adobe Acrobat Reader 6.0 or higher to view your statement. To download a free copy, please go to http://www.adobe.com. From time to time, we may recommend that you upgrade your browser to maintain the latest encryption technology.
To access the available Services through MidWestOne’s Mobile Banking, you must have a mobile device and an active account with a Mobile Service Provider.
You are responsible for, at your expense, obtaining, installing, maintaining and operating all Equipment that accesses the Services. You must be an authorized user of the Equipment you use. We do not warrant nor will we be responsible for any errors or failures from the malfunction or failure of your Equipment. Message and data rates may apply.
2. Account Access
To access your account(s) through MidWestOne’s Online Banking, you must have at least one eligible deposit or credit account with us. You will have access to all accounts on which you are an owner or a signer. An account that requires two or more signatures to make withdrawals may not be designated as an eligible account.
You must access your Online Banking account at least once every 180 days in order for it to remain active. If you do not access your account every 180 days, your account will be terminated automatically. In order for you to regain access, you will need to re-apply for Online Banking Services.
3. Access Codes
During your use of the Services, you are required to enter:
Use of these Access Codes is the agreed security procedure to access the Services. You agree to keep these numbers and codes confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of the Services. For security purposes we recommend that you do not use the same Access Codes you use on other bank products. For further security purposes, we recommend that you memorize your MidWestOne Online Banking Password and not write it down. Anyone you give your “User ID” and “Password” to can view your accounts, and make transfers.
4. Available Services
Personal Online Banking
You will access your Secure Statement by following these steps:
We will notify you by e-mail each time your statement(s) and loan notices(s) are available. If you want to request a paper copy of your Secure Statement please contact us at (319) 356-5800 or toll-free at (800) 247-4418 or use our Secure Contact Form. If you request a paper copy of your bank statement normal fees will apply.
5. E-mail (Secure Contact)
For a secure message (encrypted) to be sent electronically to MidWestOne, we recommend using our Secure Contact Form to create your message. Use this secure form to make inquiries, request information, for routine maintenance, and/or problem resolution issues.
Regular e-mail is not a secure method of communication over the Internet and we strongly recommend you do not send confidential information by e-mail.
You agree to provide and update your E-mail address to MidWestOne for communication purposes. MidWestOne may rely solely on E-mail for notifications, etc. You agree that we may send you or make available to you notices, disclosures and other information electronically, including (but not limited to) notices, disclosures and other information required under the Electronic Funds Transfer Act and Regulation E of the Federal Reserve Board. We may send this information to you by posting it on our web site or by e-mail. This information is not confidential and is sent by regular unsecured e-mail. We may also send it to you by regular postal mail in writing, at the address shown in our records. If you have given us an e-mail address or postal address, we are entitled to rely on that address and assume that messages sent to that address are received by you, until you give us notice in writing that the address is no longer valid. You agree that information we post to our web site or send by e-mail or regular postal mail will be deemed delivered at the time it is posted or sent. Information you send to us is deemed delivered when we receive and review it. If we send you a notice, disclosure or other message electronically and you wish to download or print it and are unable to do so, contact us at 1-800-247-4418/1-800-247-4418 or by mail to: MidWestOne, PO Box 1700, Iowa City, IA 52244-1700.
6. Service Charges or Fees
As an enrolled user of MidWestOne’s Online Banking Services you may be charged applicable Monthly Fee and/or Service Charges whether or not you use the Services. You authorize us to automatically deduct all applicable charges and fees from your primary checking account you have with us. (For a current fee schedule, send us a message using our Secure Contact Form, or contact us at 1-800-247-4418.)
7. Business Days and Hours of Operation
Our business days are Monday through Friday, excluding federal holidays. Our office hours of operation are from 9:00 a.m. to 5:30 p.m., Monday through Friday.
You can access the Services seven days a week, 24 hours a day. However, at certain times, some or all of the Services may not be available due to system maintenance. We also may need to change our available Services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided.
A transfer between accounts initiated through MidWestOne’s Online Banking or Mobile Banking before 6:00 p.m. (Central Standard Time) on a business day is posted to your account the same day. A transfer between accounts initiated after 6:00 p.m. (Central Standard Time) on a business day, or initiated on a Saturday, Sunday, or federal holiday, will be posted on the next business day.
8. Reporting Unauthorized Transactions
If you believe that an unauthorized transaction has been or may be conducted from your account without your permission, send us a secure message using our Secure Contact Form, call us at: 1-800-247-4418/1-800-247-4418 or write us at: MidWestOne, Online Banking Department, PO Box 1700, Iowa City, Iowa 52244-1700.
9. Our Responsibility
We, or a third party acting as our agent, are responsible for completing fund transfers on time according to your properly entered and transmitted instruction. However, neither we nor the Service Provider will be liable if:
There may be other exceptions to our liability as stated in your Depositor Agreement.
10. ELECTRONIC FUND TRANSFERS YOUR RIGHTS AND RESPONSIBILITIES
Indicated below are types of Electronic Fund Transfers we are capable of handling through MidWestOne Bank Online Banking and Mobile Banking, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
Computer Transfers - types of transfers - You may access your account(s) by computer through the internet by logging onto our website at www.MidWestOne.com and using your password and Access ID, to:
Mobile Banking Transfers – types of transfers - You may access your account(s) through the mobile browser on your mobile device at the mobile browser hyperlink provided at enrollment or via a downloaded Mobile Banking application using your password to:
FINANCIAL INSTITUTION’S LIABILITY
Liability for failure to make transfers. 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, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(1) If, through no fault of ours, you do not have enough money in your account to make the transfer.
(2) If you have an overdraft line and the transfer would go over the credit limit.
(3) If the automated teller machine where you are making the transfer does not have enough cash.
(4) If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
(5) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
(6) There may be other exceptions stated in our agreement with you.
We will disclose information to third parties about your account or the transfers you make:
(1) where it is necessary for completing transfers; or
(2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
(3) in order to comply with government agency or court orders; or
(4) as explained in the separate Privacy Disclosure; or
(5) if you give us written permission.
(a) Consumer liability.
(b) Contact in event of unauthorized transfer. If you believe your code and/or mobile device has been lost or stolen, call or write us at the telephone number or address listed in this agreement. You should also call the number or write to the address listed in this agreement if you believe a transfer has been made using the information from your check without your permission.
ERROR RESOLUTION NOTICE
In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed in this agreement, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
(1) Tell us your name and account number (if any).
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
P.O. Box 1700
Iowa City, IOWA 52244-1700
Business Days: Monday through Friday
Excluding Observed Holidays
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST
11. Liability for Loss or Erroneous Data
You or the Bank will bear the liability or the risk of any error or loss of data, information, transactions or other losses which may be due to the failure of their respective computer system or third party communications provider on which you or the Bank may rely. We shall have no liability to you for any damages or other loss, direct, indirect, incidental or consequential, which you may incur by reason of your use of Online Banking, so long as we act in good faith. Your sole remedy for delays or interruptions due to hardware or software failures or incompatibilities shall be to have the transaction completed as soon as reasonably possible after such problems are resolved.
In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes, marks, signs, public keys or other means of identification. We reserve the right to block access to the Services to maintain or restore security to our Site and systems; if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s).
14. Ownership of Materials
The content and information on our site is the property of MidWestOne Bank, Iowa City, Iowa. It should not be duplicated, or copied by any means.
If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction, or any other provision in that or any other jurisdiction.
Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the District Court in and for Johnson County. This agreement shall be interpreted under the laws of the State of Iowa.
17. 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 designated eligible account or the account on which the item is drawn without requiring your signature on the item, and without prior notice to you.
18. Amendment of this Agreement
We may amend this agreement (including changes in fees and charges hereunder) by giving notice to you at least 30 days before the effective date of the amendment, unless such change or amendment is otherwise required by law or applicable regulation. Your continued use of the Services is your agreement to the amendment(s).
You may terminate this agreement and any service provided hereunder at any time upon giving at least 10 days prior written notice of termination to MidWestOne. Once we have acted upon your termination notice, we will make no further transfers from your eligible accounts, including any fund transfers you have previously authorized. We reserve the right to terminate or to discontinue support of any software or equipment without written notice.
MidWestOne Bank reserves the right to terminate your use of Online Banking and/or Mobile Banking at any time.
Please inform us promptly if your email address changes.
Personal Online Banking and Mobile Banking Agreement & Disclosure
Revised as of 01/2014