Internet Banking and Bill Pay Disclosure

​PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU ENROLL IN INTERNET BANKING AND BILL PAY SERVICES. YOU MAY NOT ENROLL IN OR USE THESE SERVICES WITHOUT FIRST ACKNOWLEDGING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Electronic Disclosure and Consent

To the extent allowed by law, you agree that any communication from us to you including but not limited to, disclosures, notices, agreements, confirmations, account statements, or other information required to be delivered in writing under applicable law, may be delivered to you by electronic delivery, and that such electronic delivery shall be in lieu of written communication.

By accepting this Agreement and enrolling in Internet Banking, you have demonstrated your ability to access and retain the disclosures provided to you and have consented to receiving these and any future disclosures electronically. You are deemed to have received communications provided to you by email when they are made available to you at your email address of record. You must immediately notify us of any change in your email address.

In order for you to access, view, print or retain electronic communication in connection with Internet Banking, your computer system must meet the following requirements:

  • Internet access and an email address;
  • Minimum Browser: Microsoft Edge, Mozilla Firefox, Apple Inc. Safari, or Google Chrome;
  • Cookies & JavaScript enabled;
  • Your browser must support HTML 4.0 and 128 bit SSL;
  • A printer or other device, such as a storage medium (hard drive), so that you are capable of printing and/or retaining Internet-based data; and
  • Access  to  a  telephone  (landline  or  cellular  phone)  (if  accessing  Internet  Banking  from  an unrecognized device).

Advanced Log-In Authentication

You may be required to perform an additional step to confirm your identity whenever you access the Internet Banking service from a computer or other device that is not recognized by the service. This additional step will require you to enter a confirmation code you are provided either by a telephone call placed to or a SMS text message sent to the telephone number you provided at enrollment. If we do not have a telephone number on record, you will be asked to answer a series of questions to validate your identity. The standard fees assessed by your carrier will apply for telephone and SMS text message confirmation codes sent to your phone.

It is recommended that you retain a paper or electronic copy of this Agreement and any other disclosures for your records. To retain an electronic copy of any communication, highlight the text of the communication and use your copy command. Then open an application such as Word or Notepad, use the paste command to paste the text of the Agreement into the application, and save the communication to a file of your choice.

If you request account records and we are able to provide them, there may be fees as stated in the Service Fee Schedule provided to you when you opened your account. You have a right to withdraw your request to receive electronic communication. If you withdraw your request, the Internet Banking and Bill Pay (if applicable) Services will be canceled. To withdraw your consent or to request paper copies, you must do so in writing. Please mail your request to:

Bankers Trust, Customer Service Department
453 7th Street, P.O. Box 897
Des Moines, Iowa 50304-0897

We will not impose a fee to process the withdrawal of your consent. Your consent withdrawal will be effective only after we have had a reasonable period of time to process your request. We reserve the right, in our sole discretion, to change or terminate electronic provision of documents. We will provide you with a notice of any such change or termination as required by law.

To change your email address, select the Customer Service tab after logging into Internet Banking, and click the Manage Contact Information link.

You understand and agree that the Federal Electronic Signatures In Global and National Commerce Act apply to this Agreement.

By selecting “I agree” and enrolling in Internet Banking, I affirm I have the hardware and software listed above to be able to receive and retain the described disclosures electronically. Further, I authorize Bankers Trust to enroll me in the Internet Banking Service and, if selected, the Bill Pay Service. I agree to the terms and conditions of the Electronic Disclosure and Consent as described above.

Bankers Trust Internet Banking and Bill Pay Service Agreement and Disclosure

Bankers Trust hereby publishes the following Agreement and Disclosure (the “Agreement”) for use of our Internet Banking Services (the “Services”). As used in this Agreement, the terms “we,” “us,” and “our” refer to Bankers Trust. “You” and “your” refer to the account holder(s) and anyone who enrolls in and/or uses the Services. The term “Account” means your account(s) at Bankers Trust, and may include deposit accounts such as checking and savings or your loan and credit card accounts. “Business Day” means every day, except Saturdays, Sundays, and federal holidays.

ALTERATIONS AND AMENDMENTS

Bankers Trust reserves the right to modify this Agreement and the applicable fees and service charges at any time, effective upon 30 days of notice to you via postal letter to the last address you have given us, email message, or as posted when accessing the Services, unless an immediate change is necessary to ensure the security of the Services. Further the Service may revise or update the applications, services, and related material, rendering all such prior versions obsolete. Consequently the Service reserves the right to terminate this Agreement as to all such prior versions and applications, services, and related material and limit access to only the Service’s most recent revisions and updates. Use of the Services or attempting to connect to the Services, constitutes your agreement with these terms, conditions, instructions and any modifications thereof.

RELATION TO OTHER AGREEMENTS

Except where noted in this Agreement, all Services are subject to the terms and conditions set forth in the Bankers Trust Consumer Terms & Conditions and the Service Fee Schedule provided to you at the time you opened your Bankers Trust account. The Services will be subject to the following:

The terms or instructions appearing on a screen when using the Services;
The rules and regulation of any fund transfer system used in connection with the Services; and
Applicable federal and state laws and regulations.
Furthermore you agree that the terms and conditions contained herein apply to accounts held for consumer or household purposes only. Accounts held for business purposes are subject to the terms and conditions set forth in the Commercial Terms & Conditions, and do not receive consumer protections.

SUPPORTING EQUIPMENT AND SOFTWARE

You are solely responsible for the maintenance and operation of your computer. We are not responsible for any errors or failures due to the malfunction of your computer, or for any virus or other problems or changes that may be associated with use of your computer. In order to protect your computer and personal and banking information, we recommend you keep your computer updates current and install and update, as needed, firewall and anti-virus and anti-spyware software.

SERVICES

We offer the Services to you to enable you to perform inquiries, transfer funds between your accounts, view transaction activity, access and use Bill Pay, pay third parties, place stop payment orders, and communicate electronically with us via a personal computer and the Internet.

You agree that the following uses of the Services are strictly prohibited.

  • Unauthorized communication of any charge or credit card information belonging to any other person or entity
  • Unauthorized communication of any information concerning any password or other online access number, code, or identification or any other proprietary information belonging to any other person or entity (other than a co-owner)
  • Use of the Services to copy or to distribute or transmit copies of copyrighted materials belonging to any other person or entity, including Bankers Trust, except to the extent that the owner has provided express written permission to you permitting such activity
  • Communicating any obscene or defamatory materials or information including but not limited to materials on bulletin boards or in conjunction with electronic mail (email) to Bankers Trust
  • Use of the Services in violation of any telecommunication, postal, or other federal or local laws or regulations of your country of origin or of the United States or in furtherance or in the commission of any crime or other unlawful or improper purpose
  • Use of the Services to complete or attempt to complete transactions that involve countries under sanction by the United States government and Specially Designated Nationals (SDN) or any other conduct that is in violation with the Office of Foreign Asset Control Regulations

EXCLUSION OF WARRANTIES

The Service and related documentation are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

ASSIGNMENT

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

INFORMATION AUTHORIZATION

Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

DISPUTES

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

PASSWORD AND SECURITY

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling an Internet Banking Customer Service Representative at 1-800-362-1688. Internet Banking Customer Service Representatives are available Monday through Friday 7:30 am to 8:00 pm Central Time (CT) and Saturday from 8:00 am until noon CT.

INTERNAL AND EXTERNAL TRANSFER RULES AND CUTOFF TIME

The transfer cutoff time for an internal transfer is 10:00 pm CT. Transfers initiated after 10:00 pm or on a non-Business Day will not be posted until the following Business Day. The transfer cutoff time for external transfers is 6:00 pm CT. External transfers initiated after 6:00 pm CT may not be processed and posted until the following Business Day.

Transfers between Bankers Trust Accounts (Internal Transfers). An internal transfer completed through the Service before the transfer cutoff time on a Business Day will be posted to your account on that same day. All internal 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.

Transfer between Bankers Trust Accounts and Accounts at Other Financial Institutions (External Transfers). An external transfer completed through the Service is sent via Automated Clearing House (ACH), allowing you to transfer funds to and from your eligible accounts at Bankers Trust and other eligible accounts held by you at other U.S. financial institutions. You may only request transfers between accounts that have the same owner(s) listed on each account. Transfers are only permitted between accounts held by consumers for personal, household, or family purposes. Establishing transfers to or from accounts held for business purposes is a violation of the Operating Rules of the National Automated Clearing House Association (see “Terms and Conditions of ACH Services” below). For information about business account services, please call your account officer or Customer Service at 1-800-362-1688.

You permit us to validate the external accounts through test transfers. Four low value transfers—two credits and two debits—will be posted to the external account. You can link up to three external accounts. You will be asked to confirm the amount of the test transfers before scheduling a transfer. We may also verify your external accounts by requiring you to submit proof of ownership of the account. You can link up to three external accounts. You must contact Bankers Trust to remove a linked external account.

An external transfer completed through the Service before the transfer cutoff time on a Business Day will begin processing on that same day. All external transfers completed after the transfer cutoff time on a Business Day or on a day that is not a Business Day, will begin processing on the next Business Day. External transfers may take between 2 – 5 Business Days to post. If an account has been open less than 30 days, the external transfers will not be available for 5 Business Days after the date the transfer is posted, and not available for 2 Business Days after the transfer is posted for accounts open more than 30 days.

Terms and Conditions of ACH Services: The Operating Rules of the National Automated Clearing House Association (“NACHA Rules”), as amended from time to time, are applicable to automated clearing house transactions (“ACH Entries”) to this non-Bankers Trust account for transfers. These transfers will be subject to holds up to 5 business days.  Credit given by us to the Bankers Trust account and with respect to the ACH Entry, is provisional until we receive final settlement for such ACH Entry thought the Federal Reserve Bank or otherwise have received payment as provided by law. If we do not receive such final settlement, we may charge back against the account. Under NACHA Rules, we are not required to give notice to you of receipt of the ACH Entry, and we may not do so.  Your rights and obligations with respect to each ACH Entry will be governed by NACHA Rules, the Electronic Funds Transfer Act, by the laws of the State of Iowa and must comply with the provisions of all applicable laws.

Transfer Limitations: Each external transfer transaction is limited to $9,999. External transfers over
$2,000 will include an additional step that requires you to enter a confirmation code you are provided either by a telephone call placed to or a SMS text message sent to the telephone number you have on file with Bankers Trust.

INTERNET BANKING AND BILL PAY FEES AND SERVICE CHARGES

There are no fees associated with enrollment in or use of the Internet Banking and Bill Pay Services. We reserve the right to modify fees, service charges, and terms at any time, effective upon 30 days’ notice to you via postal letter at the last address you have given us, email message, or as posted when accessing the Services, unless an immediate change is necessary to ensure the security of the Services. Use of the Services or attempting to connect to the Services, constitutes your agreement with these fees, service charges, terms, conditions, instructions and any modifications thereof. You are responsible for any telephone access or Internet service fees that may be assessed by your carrier or service provider.

INTERNET BANKING AND BILL PAY INACTIVITY

If you do not log in to the Services at least once during each calendar month, we reserve the right to terminate your access to the Services and delete your user information and Bill Pay database.

EMAIL AND SMS TEXT MESSAGE ALERTS

You can, at your option, enroll in a number of Internet Banking and Bill Pay Service alerts. To select the types of alerts you would like to receive, click the Customer Service tab and select the Manage Alerts link. To receive SMS text message alerts, you will be asked to enter your text message phone. This phone number is added by selecting the Manage Contact Information link in the Customer Service tab. You will need information from your debit card to complete this step, including the last four digits of the card number, your personal identification number (PIN), and the Security Code (CVV) on the back of the card. Alternatively you may receive a one-time security code to authenticate by phone.

Bankers Trust does not assess fees for this service; however, depending on the messaging plan you have with your mobile carrier, you may incur the carrier’s standard per text fee for SMS text messages. You are responsible for any fees assessed by your mobile carrier. Due to circumstances beyond the control of the Service, particularly delays in delivery of emails and SMS text messages through your service provider, some alerts may take longer to be delivered to you.

ELECTRONIC MAIL (EMAIL) AND MESSAGING WITHIN THE SERVICE

Email Messaging

Because email is not secure, do not disclose information such as your account number(s), credit card number, or social security number in email communication with the Bank. If you need to discuss more specific information with us, please call a Customer Service Representative at 1-800-362-1688 Monday through Friday 7:30 am – 8:00 pm CT and Saturday 8:00 am – noon CT. Email can be a useful tool for transmitting information of a general nature; however, email is not a secure means of communication. You should contact us in person or by telephone if you need to discuss specific account information. If you do send us an email after normal business hours, it will be deemed to have been received on the following Business Day. Bankers Trust will have a reasonable time to act on your email. You should not rely on email if you need to communicate with us immediately. For urgent matters, such as if you need to cancel a payment that is scheduled to occur or if you need to report the loss or theft of your password, contact the Bank in person or by telephone.

You agree that Bankers Trust may respond to you by email with regard to any matter related to the Services. This includes, but is not limited to, responding to a claim of unauthorized electronic funds transfer that you make. Any such email shall be considered received within three (3) calendar days of the date that it was sent by Bankers Trust, regardless of whether you sign onto your email service provider within that time frame. You also agree that we may send information about other Bankers Trust products and services to you by email.

Messaging Within the Service

You may send secure messages to Bankers Trust by logging into your Internet Banking account, clicking on the Customer Service tab, and selecting the Contact Us link. Generally, you will receive a response within one Business Day. For urgent matters, such as reporting your debit card lost or stolen or reporting unauthorized transactions, please call us at 1-800-362-1688.For complete details about reporting lost or stolen access devices or reporting errors, please see  the section  beginning with “Electronic Fund Transfers—Your Rights and Responsibilities” later in this document.

LIABILITY

You agree to indemnify, hold harmless, and defend Bankers Trust from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses) at your sole expense, arising from your failure to abide by the restrictions on use of the Services.

PRIVACY NOTICE

We are committed to respecting and protecting the privacy of our banking customers. Please refer to the Bankers Trust Privacy Notice by visiting www.bankerstrust.com.

CHANGES TO CONTACT INFORMATION (EMAIL, TELEPHONE NUMBER, ADDRESS)

In order for us to properly provide disclosure of important information to you, you hereby agree to promptly notify Bankers Trust of any change of your mailing or email address or of your telephone numbers. You can update your email addresses and telephone numbers by clicking on the Customer Service tab and selecting Manage Contact Information. To change your address, click on the Customer Service tab and select Change Address.

To maintain the security of your account(s) and personal and banking information, we do not accept changes of address or other information by telephone or email transmission.

ADDITIONAL SERVICES

The following additional services are available to Internet Banking customers and require that you enroll separately, entering into a separate agreement, after completing your Internet Banking enrollment.

  • Personal Finance Manager—A Personal Finance Manager application within the Service, which allows you to see where you are spending your money, set up budgets, and more. Enroll by clicking on the Personal Finance tab.
  • eStatements—A secure and environmentally friendly method of receiving your periodic accounts statements. You can enroll in electronic statement services by clicking on the Customer Service tab and selecting the Change Statement Delivery Method link.
  • Online Account Opening—Open new checking, savings, or certificate of deposit (CD) accounts through the Internet Banking service.
  • Mobile Banking+—Access your accounts, pay bills, transfer funds, and find ATMs using your mobile device. Enroll directly from your mobile device.
  • Express Deposit—Deposit checks using your mobile device or flatbed scanner.
  • People Pay—Send and receive money online with as little information as the recipient’s email address or mobile telephone number. With People Pay, you can send money to your niece or nephew, reimburse your friend for lunch, or pay rent to your landlord.

TERMINATION OR DISCONTINUATION

In the event you wish to discontinue the Services, you must contact us in writing. Written notice of Service discontinuance must be supplied ten (10) Business Days prior to the actual discontinuation date and must be delivered in person at any Bankers Trust branch office or mailed to us at:

Bankers Trust, Customer Service Department
453 7th Street, P.O. Box 897
Des Moines, Iowa 50304-0897

If the Services are not used at least one time during each calendar month, Bankers Trust may terminate your Internet Banking access and delete your user information and Bill Pay database. Upon termination you will be responsible for making arrangements to pay any future or recurring payments. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.

GOVERNING LAW

This Agreement, terms and conditions and the Services are governed by the laws of the State of Iowa and applicable federal law, without regard to any different state, and its laws, from which you may access your account from time to time.

ELECTRONIC FUND TRANSFERS – YOUR RIGHTS AND RESPONSIBILITIES

Consumer liability. Tell us AT ONCE if you believe your Internet or Mobile Banking credentials (user name and/or password) or other means of accessing your account(s) have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way to keep possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) Business Days after you discover your Internet or Mobile Banking credentials or other means to access your account have been lost or stolen, you can lose no more than $50 if someone used your account without your permission.

If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your Internet or Mobile Banking credentials or other means to access your account if you had told us, you could lose as much as $500.

Also, if your monthly account statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

Contact in the event of unauthorized transfer. If you believe your Internet or Mobile Banking credentials or other means of accessing the account(s) have been lost or stolen, call:

1-800-362-1688

Or, write:

Bankers Trust, Customer Service Department
453 7th Street, P.O. Box 897
Des Moines, Iowa 50304-0897

Or, email:

service@bankerstrust.com

For your protection, please do not email personal financial information.

Customer Service hours are Monday through Friday 7:30 am to 8:00 pm CT and Saturday 8 am to noon CT.

You should also call the number, write to the address listed above, or email if you believe a transfer has been made using the information from your check without your permission.

Business days. For purposes of these disclosures, our Business Days are Monday through Friday, excluding federal holidays. Telephone support is also available as indicated above.

Internet Banking Computer Transfers and Bill Pay Transfers.

Types of transfers. You may access your account(s) by computer using the Internet, a user name, and password, to:

  • transfer funds from checking to checking or savings
  • transfer funds from savings to checking or savings
  • make payments from checking or savings to loan accounts with us
  • make payments from checking to third parties
  • transfer funds to checking and savings accounts in your name at other financial institutions
  • get information about:
    • the account balance of checking or savings accounts
    • current account history
    • last statement history
    • loan balances

Limitations on dollar amounts of transfers.

  • transfers to checking and savings accounts at other financial institutions (“external transfers”) are limited to $9,999.

Transfers over $2,000 required additional authentication.

  • payments from checking to third parties (“bill pay”) are limited to $9,999 per payment and $20,000 per day.
  • Mobile Banking+ Transfers. Types of transfers. You may access your account(s) by mobile device using the Internet, a user name, and password, to:
  • transfer funds from checking to checking or savings
  • transfer funds from savings to checking or savings
  • make principal only payments from checking or savings to loan accounts with us
  • make payments from checking to existing payees established using the bill pay service in Internet Banking
  • get information about:
    • the account balance of checking or savings accounts
    • current account history
    • last statement history
    • loan balances
    • ATM and branch locations if GPS functionality is authorized

Limitations on dollar amounts of transfers.

payments from checking to third parties (“bill pay”) are limited to $9,999 per payment and $20,000 per day.

Express Deposit Transfers. Types of transfers. You may deposit checks and other similar payment instruments, such as money orders, to your accounts using your mobile device or flatbed scanner and the Internet, a user name, and password.

Limitations on frequency of transfers.

  • you may deposit no more than five (5) payment instruments per business day.
  • you may deposit no more than 10 payment instruments over a 20 business day period.

Limitations on dollar amounts of transfers.

  • you may deposit no more than $5,000 per business day.
  • you may deposit no more than $10,000 over a 20 business day period.

You must enter into separate agreements to access the Mobile Banking + and Express Deposit Services.

People Pay transfers. Types of transfers. You may access your account(s) using the Service, your computer, the Internet, and a user name and password to make payments to third parties by:

  • Account-to-account transfer, when you know the recipient’s bank routing/transit number and account number
  • Recipient chooses transfer, when you know the recipient’s email address or telephone number

Limitations on frequency of transfers.

  • there are no limitations on the frequency of transfers using the Service.

Limitations on dollar amounts of transfers.

  • you may transfer no more than $750/transfer and $1,500/day utilizing account-to-account transfers
  • you may transfer no more than $250/transfer and $500/day utilizing PayPal transfers
  • you may transfer no more than $250/transfer and $500/day utilizing recipient chooses transfers

You must enter into a separate agreement to utilize the People Pay Service.

Confidentiality. It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make in the following situations:

  • Where it is necessary for completing transactions;
  • Where it is necessary for activating additional services;
  • In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
  • To a consumer reporting agency for research purposes only;
  • In order to comply with a governmental agency or court orders; or
  • If you give us your written permission.
  • As explained in our Privacy Notice.

Bill payments and People Pay transfers. Right to stop payment and procedure for doing so. If you have scheduled bill payments to be made from your account, you may generally stop these payments. Here’s how:

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a bill payment, it cannot be canceled or edited. A stop payment request must be submitted. See the next paragraph for procedures and limitations on stop payment requests.

If you have scheduled a People Pay transfer, you generally cannot stop payment after you click the submit button. Account-to-account and PayPal transfers are processed immediately. For Recipient Chooses transfers, you may be able to stop payment if the recipient has not picked up the payment yet. ​

As noted previously, the Service’s ability to process a stop payment request will depend on the payment method. The Service may not have reasonable opportunity to act on a stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service at 1-800-362-1688, Monday through Friday 7:30 am – 6:00 pm CT, and Saturday 8:00 am – 12:00 pm CT. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as disclosed in the Bankers Trust Fee Schedule provided to you when you opened your account.

Financial institution’s liability. 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:

  • If, through no fault of ours, you do not have enough money in your account to make the transfer.
  • If the transfer would go over the credit limit on your overdraft line.
  • If the system was not working properly and you knew about the breakdown when you started the transfer.
  • If  circumstances  beyond  our  control  (such  as  fire  or  flood)  prevent  the  transfer,  despite reasonable precautions that we have taken.
  • There may be other exceptions in our agreement with you.

Please see also the Payment Authorization and Remittance—Financial Institution Liability and Limitation of Liability for Bill Payments sections later in this document.

ERROR RESOLUTION NOTICE AND QUESTIONS

In case of errors or questions about your electronic transfers, call, write, or email us as indicated above in Contact in the event of an unauthorized transfer.

If you think your statement is incorrect or you need more information about a Service transaction listed on your statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:

  • Tell us your name and Service account number;
  • Describe the error or transfer you are unsure about, and explain as clearly as possible why you believe it is an error or why you need more information; and
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification.

We will determine whether an error occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we will 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 within 10 Business Days, we may not credit your account.

For errors involving new accounts, point-of-sale, or foreign- initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error.

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.

Additional Terms and Conditions of the Bill Payment (Bill Pay) Service

You may, at your option, enroll in Bill Pay Service in conjunction with your Internet Banking Service. Bill Pay allows you to pay your bills through your Internet Banking Service. There is no cost for Bill Pay Service, however, if you do not log in to the Services at least once during each calendar month, we reserve the right to terminate your access to the Services and delete your user information and Bill Pay database.

SERVICE DEFINITIONS

  • Agreement means these terms and conditions of the Bill Pay Service and all of the terms and conditions provided previously in the Bankers Trust Internet Banking and Bill Pay Service Agreement and Disclosure.
  • Biller is the person or entity to which you direct a bill payment, or is the person or entity from which you receive electronic bills, as the case may be.
  • Payment Instruction is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and scheduled payment date).
  • Business Day is every Monday through Friday, excluding federal holidays.
  • Deliver By Date is the date on which your payment will be delivered. You should schedule your payment to be delivered by (or before) the due date reflected on your Biller statement for which the payment is due, not including the late date or grace period.
  • Payment Account is the checking account from which bill payments will be debited.
  • Scheduled Payment is a payment that has been scheduled through the Service but has not begun processing.
  • Send On Date is the day your Scheduled Payment will be deducted from your Payment Account.
  • Service means the Bill Pay Service provided by Bankers Trust.

PAYMENT SCHEDULING

The earliest possible Deliver By Date for each Biller—typically four (4) or fewer days from the current date—will be designated on the calendar within the application when you are scheduling the payment. You should select a Deliver By Date that is no later than the actual due date reflected on the Biller’s statement. If the due date falls on a non-Business Day, you should select a Deliver By Date that is on a Business Day before the due date. Your Scheduled Payment will be deducted from your Payment Account on the Send On Date and will be posted with the description “Electronic Bill Pay.” Generally, if you do not have sufficient funds in your Payment Account to cover the Scheduled Payment on the Send On Date, the payment will not be processed. However, if the Scheduled Payment is processed and your account becomes overdrawn as a result, the overdraft transactions will be subject to overdraft fees as disclosed in the Service Fee Schedule.

Transfer Limitations: Each Scheduled Payment is limited to no more than $9,999 and you may schedule no more than $20,000 in payments in one Business Day.

THE SERVICE GUARANTEE

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some bill payments may take longer to be credited. The Service will bear responsibility for any late payment related charges up to $50 should a payment post after its Deliver By Date as long as the payment was scheduled in accordance with the guidelines described under Payment Scheduling in this Agreement.

PAYMENT AUTHORIZATION AND REMITTANCE—FINANCIAL INSTITUTION’S LIABILITY

By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Deliver By Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

  • If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the  transaction  or the transaction  would  exceed the credit limit of your overdraft account;
  • The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
  • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
  • Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your payment instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper biller any previously misdirected transactions, and if applicable, for any late payment related charges.

CHANGES TO PAYMENT ACCOUNT

Any changes in your Payment Account can be made by clicking on the Customer Service tab and selecting Customize Your Accounts. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

LIMITATION OF LIABILITY FOR BILL PAYMENTS

You agree that, except as expressly stated above, there is no warranty of merchantability, no warranty of fitness for a particular use, and no warranty of any kind, express or implied, regarding the information or any aspect of the Services.

In addition to the circumstances detailed above under Payment Authorization and Remittance, Bankers Trust will not be held liable for failure to properly complete a bill payment in the following instances:

  • If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
  • If your funds are subject to legal process or other encumbrance restricting the transfer.
  • If your payment authorization terminates by operation of law.
  • If you believe someone has accessed your account(s) without your permission and you fail to notify Bankers Trust as detailed in the Electronic Fund Transfers – Your Rights and Responsibilities section.
  • If we received incomplete or inaccurate information from you or a third party involving the Account or Payment Instruction.
  • If Bankers Trust has a reasonable basis for believing that unauthorized use of your Internet Banking credentials or account(s) has occurred or may be occurring.
  • If you are in default of this Agreement and its terms and conditions or any other agreement you have with Bankers Trust.
  • If a Biller refuses to accept a payment,
  • If you attempt to make alimony, child support or other court-directed or tax payment.
  • If Bankers Trust, or you, terminate this Agreement.

You acknowledge and agree that Bankers Trust will not be liable for any losses resulting from circumstances over which we have no direct control, including, but not limited to, the failure of electronic or mechanical equipment, communication lines, telephone or other interconnect problems, operator error, log-in sequences, power outages, severe weather, earthquakes, floods or other such events deemed acts of God. Further, you acknowledge that there are other means and methods for accessing the information in your account(s) and conducting transactions. In the event that you should experience problems accessing the Services, you will attempt to access such information and conduct such transactions by alternative means and methods.

There may be other exceptions stated in this Agreement and with other agreements you have with Bankers Trust. In no event shall we be liable for any indirect, incidental or consequential damages you may incur.

PROHIBITED PAYMENTS

Payments to Billers outside of the United States or its territories are prohibited through the Service.

EXCEPTION PAYMENTS

Tax payments and court-ordered payments may be scheduled through the Service; however, such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from you scheduling these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied or misdirected payments will be the sole responsibility of you and not of the Service.

BILLER LIMITATION

The Service reserves the right to refuse to pay any Biller to whom you direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

PAYMENT METHODS

The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but are not limited to, an electronic payment, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

FAILED OR RETURNED TRANSACTIONS AND PAYMENTS

In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

  • You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
  • For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
  • You will reimburse the Service for any fees imposed by your financial institution as a result of the return; and
  • You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you.

In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.

SERVICE TERMINATION OR CANCELLATION

In the event you wish to cancel the Service, notify us as outlined in Termination or Discontinuation above. Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments, including recurring payments, will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

ELECTRONIC BILL DELIVERY AND PRESENTMENT

We have established relationships with hundreds of Billers nationwide that can send us an electronic version of your bill. The electronic versions of the bills typically contain the same information that is included in paper bills. If you select this service, it is your sole responsibility to contact the Billers directly if you do not receive your statements. In addition if you wish to activate the electronic bill option for any of your Billers, you agree to the following:

Information Provided to the Biller – The Service is unable to update or change your personal information such as, but not limited to, name, address, telephone numbers, and email addresses, with the electronic Biller. Changes must be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. The Service may, at the request of the Biller, provide to the Biller your email address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.

Activation – Upon activation of the electronic bill feature, the Service may notify the Biller of your request to receive electronic bills. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated, it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

Authorization to Obtain Bill Data – Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your username and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification – The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an email notification to the email address listed for your account or a SMS text message if you have provided a Text Message Phone. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically log in to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

Cancellation of Electronic Bill Notification – The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller of your change in status and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of Electronic Bill(s) – You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

Accuracy and Dispute of Electronic Bill – The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.