[12 CFR Federal Reserve System Regulation B, Regulation E, Regulation M, Regulation Z and Regulation DD]
1 PURPOSE
The Electronic Signatures in Global and National Commerce Act (“E-Sign Act”), effective October 1, 2000 authorizes institutions to provide electronic disclosures if prior customer consent is properly obtained. The Federal Reserve Board promulgated interim final rules in 2001, for those institutions which elect to provide electronic disclosures. On April 30, 2007 the Federal Reserve Board issued proposed amendments to Regulations B, E, Z, M, and DD which were published on November 9, 2007 and effective as of December 10, 2007 with a mandatory compliance date of October 1, 2008. On a related topic the Controlling The Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”), together with the implementing regulations issued by the Federal Trade Commission, govern practices related to the transmissions of electronic mail messages.
2 DISCLOSURES STATEMENT
To the extent that SNB Bank, N.A. uses electronic communications to contract for services and to provide consumer disclosures in electronic form, SNB Bank, N.A. will properly obtain affirmative consent of the consumer and provide such disclosures in compliance with the E-Sign Act and the applicable Federal Reserve rules. Those rules may include the following regulations issued pursuant to federal statutes depending upon the type of transaction or service provided to the consumer: Electronic Funds Transfer Act (Regulation E); Equal Credit Opportunity Act (Regulation B); Consumer Leasing (Regulation M); Truth in Lending Act (Regulation Z); and Truth in Savings Act (Regulation DD).
3 CAN-SPAM ACT POLICY
It shall be the policy of SNB Bank, N.A. to comply with the Act and the regulations implementing that Act including the Federal Trade Commission’s Rules Implementing the CAN-SPAM Act of 2003. It shall also be SNB Bank, N.A.’s general policy to refrain from taking any actions in connection with transmissions of commercial electronic mail messages that are prohibited by the CAN-SPAM Act. For purposes of this Policy, commercial electronic mail messages mean any electronic mail messages the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).
ESTATEMENTS DELIVERY DISCLOSURES
Electronic Delivery of Statements
By completing the consent agreement you agree to permit The SNB Bank, N.A. (“The Bank”) to make disclosures and provide notices to you in electronic form, instead of providing such notices and disclosures in written form.
Your consent and agreement shall relate to all forms of disclosures and notices required under applicable law as a result of the various agreements between you and the Bank and shall remain valid until such time as you exercise your right to revoke this consent. You elect and authorize us, at our discretion, to electronically deliver your account statement(s) and notices that we are required to provide you under applicable Federal and State statutes and their implementing regulations, as amended from time to time.
Other Federal and State laws and regulations (“laws”) may be enacted or amended in the future to provide for electronic delivery of account statements and notices. Your election also authorizes us, at our discretion, to provide electronic delivery of such statements and notices pursuant to these laws after they become effective.
Terms and Conditions of Your Electronic Statement Agreement
By entering into this Agreement, you accept all the terms and conditions contained in the agreement. Please read it carefully.
The terms and conditions of your Account Agreement and Disclosure for each of your bank accounts as well as your other agreements with the Bank, such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.
This Agreement is also subject to applicable federal 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 the Bank’s successors and assigns. Certain 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.
Definitions
“We”, “Our”, “Us” or “The Bank” mean SNB Bank, N. A.
“You” and “your” refer to the account owner(s) authorized by the Bank to receive eStatements under this Agreement.
“Account” or “accounts” means your accounts at the Bank.
“Business days” means any calendar day other than Saturday, Sunday, or any holidays recognized by the Bank.
Consent to Electronic Delivery of Account Statements
You have the right to receive monthly, printed Account statements mailed to your mailing address of record. By entering into this Agreement, you understand that the Bank will cease providing you with printed statements in the mail, and that all future account statements will be maintained for a period of 18 months online. You may access your statement in the SNB Bank, N.A. website in your online banking account that you may access to obtain, review, print and otherwise copy/download your periodic statements. Each month we will send a notice to you advising you of the availability of your eStatement. You agree to change your email address in your online banking or notify us immediately, via telephone, facsimile, or e-mail of any change in your e-mail address.
You understand that if you decide in the future that you would like to receive printed statements in the mail instead of receiving eStatements electronically, you agree to notify the Bank in person, via telephone, or via U.S. Mail. Our telephone number and postal mail address are listed below in the section entitled “Communications between the Bank and You.” Upon, cancelation of eStatements there will be a $7.00 paper statement fee applied.
Consent by any one account owner on a joint account will be relied and acted upon for electronic statement and disclosure deliveries covered by this agreement for your joint accounts.
Security
You understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your eStatement for each of your SNB Bank, N.A. accounts as soon as you receive/access it. You agree to protect the confidentiality of your account and account number, and your user ID and password. You understand that your user ID and password by itself or together with information related to your account, may allow unauthorized access to your account. Data transferred via eStatement is not encrypted. 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 the Internet, or e-mail transmitted to and from us, will not be monitored or read by others.
Password Security
For security reasons, we will require the use of an individualized password to gain access to your SNB Bank, N. A. statements. If you incorrectly enter your password three times, you will be prevented from access to eStatements. If you are prevented access due to incorrect password, please contact us at 580-938-2571.
Your logon password is confidential information that should be known only by you. SNB Bank, N. A. will not, for any reason, ask for your logon password. If anyone contacts you and requests this information, contact us immediately. You are responsible for keeping your logon password confidential.
By enrolling to receive eStatements, you will not receive a separate printed and mailed statement. Your eStatement will be dated the day of the e-mail notifying you of the availability of your eStatement (the “E-mail Date”). You must promptly access/review your eStatement and any accompanying items and notify us in writing within the applicable time period specified in your Account Agreement and Disclosure of any error, unauthorized signature, lack of signature, alteration or other irregularity. If you allow someone else to access/review your statement, you are still fully responsible to access/review the statement for any errors, unauthorized signatures, lack of signatures, alterations, or other irregularities. Any applicable time periods within which you must notify us of any errors on your account statement(s) shall begin on the E-mail Date regardless of when you receive and/or open the eStatement.
lf you need to obtain a printed copy of a statement that has not been mailed to you because you have enrolled to receive eStatements instead, please call the Bank at 580-938-2571. A statement request fee of $12.00 may be charged for statement copies with images.
Change in Terms
We may change any term of this Agreement at any time. If the change would result in increased fees for any bank service, or increased liability for you, we agree to give you notice at least 30 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 provide any required notice of the change in terms to you by e-mail or by postal mail. lf advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. lf there is more than one party to the account, notice to any one account owner will be effective for all. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that the applicable deposit agreements and disclosures govern changes to fees applicable to specific accounts.
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 eStatements provided to you under this Agreement. We do not and cannot warrant that eStatements will operate without error, or that eStatements will be available 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 eStatements, 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 or any other legal theory. Further, in no event shall the liability of the Bank and its affiliates exceed the amounts paid by you for the services provided to you through eStatements.
Communications between the Bank and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
Telephone: You can contact us by telephone at: 580-938-2571
Facsimile: You can send a fax to us at: 580-938-2947
Postal Mail: You can write to us at:
SNB Bank, N.A.
P.O. BOX 39
Shattuck, OK 73858
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 via e-mail notice with instructions/links, or via an e-mail with attached disclosures. You agree to notify us immediately of any change in your e-mail address.
We will send all notices, attachments and/or documents via e-mail to the last known e-mail address provided by you. You agree to notify us promptly in writing (by letter sent via U.S. Mail) or by calling us at 580-938-2571, of any change of your e-mail address. For your protection and for security purposes, we will not accept any change of e-mail address notices via e-mail. lf you have not notified us in writing of any change of your e-mail address, you agree that your failure to provide us with a good e-mail address is the lack of ordinary care on your part. If we become aware that you are not receiving e-mail, we will send all notices, attachments and/or documents to you via U.S. Mail to your last address known to us.
You will receive an e-mail shortly after the end of each statement period (not all accounts generate monthly statements) with your eStatement. You can access your eStatement by logging into your online baking through the SNB Bank, NA website www.snbbankna.com . Click on the documents tab above your recent transactions.
Hardware and Software Requirements
To access, download, and print eStatements, you need to have a personal computer with Internet and email access. You must also have Adobe Acrobat Reader. To download a free copy of Adobe Acrobat Reader, please go to http://www.adobe.com. It’s important to keep your PC updated to avoid viruses and other malware. Your computer or device needs to be updated to the current year’s operating and browser update to connect to the online banking website.
REMOTE MOBILE DEPOSIT USER AGREEMENT
This Remote Mobile Deposit User Agreement (“Agreement”) contains the terms and conditions for the use of SNB Bank, National Association’s (“SNB”) Remote Mobile Deposit services that SNB (“bank”, “us”, “our”, or “we”) may provide to you (“you”, or “user”). Other agreements that you have entered into with SNB, as applicable to your SNB account(s), are incorporated by reference and made a part of this Agreement.
SERVICES. SNB’s Remote Mobile Deposit services (“RMD”) are designed to allow you to make deposits to your checking, savings, or money market demand (“MMDA”) accounts from home or other remote locations by capturing the image of a check and delivering the images and associated deposit information to SNB or our designated processor.
ACCEPTANCE OF THESE TERMS. Your use of RMD constitutes your acceptance of this Agreement. This Agreement is subject to change at any time. We will notify you of any material change via e-mail, text message, or on our website by providing a link to the revised Agreement. Your continued use of RMD will indicate your consent to be bound by the revised Agreement. Further, SNB reserves the right, in its sole discretion, to change, modify, add, or remove portions from RMD. Your continued use of RMD will indicate your acceptance of any such changes to RMD.
FEES. SNB may change the fees for use of RMD at any time pursuant to the section titled “Acceptance of These Terms” above.
ELIGIBLE ITEMS. We can accept checks, as that term is defined in Federal Reserve Regulation CC (“Reg CC”), payable to you drawn on a U.S. bank. When the image of the check transmitted to SNB is converted to an image for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
ITEMS NOT ELIGIBLE. You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into.
Checks payable jointly, unless deposited into an account in the name of all payees.
Checks previously converted to a substitute check, as defined in Reg CC.
Traveler’s cheques.
Money orders.
Foreign checks or checks not payable in U. S. Currency.
Postdated or stale dated (checks dated more than 6 months prior to date of deposit) checks.
Checks that are remotely created checks, as defined in Reg CC.
Checks that have previously been submitted through RMD or through a remote deposit capture service offered at any other financial institution.
Checks that have previously been deposited or negotiated in any way via any method at SNB or any other financial institution.
Checks with any endorsement on the back other than that specified in this agreement.
ENDORSEMENT. Endorse the check and add the restriction “SNB Mobile Deposit Only” below your signature.
DEPOSIT LIMITS. Deposit up to $50,000 a day. Lower limits may apply. We reserve the right to change limits on the dollar amount and/or number of items deposited from time to time. Deposits in excess of these limits may be rejected. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.
RECEIPT OF ITEMS. We reserve the right to reject any item transmitted through RMD, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. You shall receive a confirmation that the image was submitted. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time, any item that we subsequently determine was not an eligible item. You agree that SNB is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
AVAILABILITY. All deposits are subject to verification and can be adjusted upon review. Deposits made through RMD are subject to the Funds Availability disclosure provided during account opening. Deposits made by 3:00 p.m. CT will be considered deposited on that business day and will usually be available the next business day. Otherwise, we will consider that the deposit was made on the next business day we are open and made available on the first business day after the day of deposit.
DISPOSAL OF TRANSMITTED ITEMS. You will receive confirmation that your deposit has been “submitted”, and after review by SNB, you will receive confirmation that your deposit has been “accepted” for processing or contacted with further instructions regarding the item. Retain the paper check until the funds are posted to your account. You agree to safeguard the check to prevent it from further transmission, deposit, or presentment while it is being processed, and to promptly provide it to SNB if requested. You agree to destroy the check after it is posted to your account.
ERRORS. You agree to notify SNB of any suspected errors regarding items deposited through RMD immediately, and in no event later than 60 days after the applicable SNB account statement is sent. Unless you notify SNB within 60 days, such statement regarding all deposits made through RMD shall be deemed correct, and you are prohibited from bringing a claim against SNB for such alleged errors.
LIMITATIONS OF SERVICE. SNB makes no warranties that RMD will be error free, secure, and uninterrupted. You agree that the use of RMD is at your own risk and on an “as is” basis. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. RMD may have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue RMD, in whole or in part, or your use of RMD, in whole or in part, immediately and at any time without prior notice to you. Access to RMD may be denied if we are unable to confirm your authority to access RMD or we believe such action is necessary for security reasons.
ERRORS IN TRANSMISSION. By using RMD you accept the risk that an item may be intercepted or misdirected during transmission. SNB bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
IMAGE QUALITY. The image of an item transmitted to SNB using RMD must be legible, as determined in the sole discretion of SNB and must comply with the requirements established from time to time by SNB, The Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
COOPERATION WITH INVESTIGATIONS. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmission, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through RMD in your possession and your records relating to such items and transmissions.
TERMINATION. We may terminate this agreement at any time, for any reason, and without notice. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use RMD for any unauthorized or illegal purposes or you use RMD in a manner inconsistent with the terms of your account agreement or any other agreement with us.
USER WARRANTIES AND INDEMNIFICATION. You warrant to SNB that:
You will only transmit eligible items.
You will not transmit duplicate items.
You will not re-deposit or re-present the original item.
All information you provide to SNB is accurate and true.
You will comply with this Agreement and all applicable rules, laws, and regulations.
You are not aware of any factor which may impair the collectability of the item.
You agree to indemnify and hold harmless SNB from any loss for breach of this warranty provision.
OWNERSHIP AND LICENSE. You agree that SNB retains all ownership and proprietary right in RMD, associated content, technology, and website(s). Your use of RMD is subject to and conditioned upon your complete compliance with this Agreement and any breach of this Agreement immediately terminates your right to use RMD.
ENFORCEABILITY. We may waive enforcement of any provision of the Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF RMD AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF RMD, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE MAKE NO WARRANTY THAT RMD WILL MEET YOUR REQUIREMENTS; WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE; THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; AND ANY ERRORS IN RMD OR TECHNOLOGY WILL BE CORRECTED.
LIMITATION OF LIABILITY YOU AREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE RMD INCURRED BY OU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF RMD, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITIY OR OTHERWISE), EVEN IF SNB HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
