Internet Banking Agreement and Disclosure
Please read this agreement carefully before following the link at the bottom of this page.
This Internet Banking Agreement (IBA) governs your use of the Internet Banking Service that permits our customers to access a number of financial services through the use of the Internet. Also included in this document are the regulatory disclosures applicable to these services. Throughout this web site the IBA and Disclosure will be referred to as "Agreement". By using Internet Banking, you agree to all of the terms of this Agreement. You must read this Agreement before enrolling in our Internet Banking Service and initiating any electronic funds transfers via the Internet. By using Internet Banking, you agree to all of the terms of this Agreement. Please read it carefully before following the link at the bottom of this page or accessing any of the Services. We recommend that you print a copy of this document for your records; however, if you cannot, contact us at the number provided below and we will mail you a copy.
Accounts and services provided by this financial institution may also be governed by separate agreements with you. This Agreement supplements any other agreements or disclosures related to your account (s), including the Deposit Account Agreement and provided to you separately.
You or Your - The person(s) subscribing to or using Internet Banking.
Business Day - Any calendar day other than Saturday, Sunday, or any holidays recognized by Landmark Bank. Bill payments are processed on all business days that both the Federal Reserve Bank and the US Postal System are operating and open for business.
Business Day Cut-Off- Landmark Bank head office is located in Clinton, Louisiana. and we base our business day on the Central Time zone. For posting purposes, we will process all on-line transactions completed by 6:30 p.m. on that business date. Transactions completed after 6:30 p.m., will be processed on the following business day.
Electronic funds transfers - include deposits to, withdrawals from, or transfers between your accounts, which are not originated by check, draft, or similar paper instrument. Electronic transfers include those made through a computer. If we authorize your account (s) for electronic transfers through the Internet Banking Service, you have certain rights and responsibilities under the Electronic Funds Transfer Act (EFT) which are further detailed in this agreement
Privacy Statement - This financial institution understands how important privacy is to our customers. We have taken steps to protect the security and privacy of your personal information and as well as your financial transactions with us. You should read our privacy statement before completing enrollment for Internet Banking. Our customer privacy statement can be obtained by clicking on the following link: Privacy Notice
About Internet Banking
Our Internet Banking Service ("Service") consists of an online banking web site that provides a complete array of financial services to our customers. Our Service allows you to access your account information 24 hours a day, 7 days a week.
For customers who select Bill Payment, these additional functions are available:
Special commercial services may also be offered to accounts including:
Internet Security Information
Our Internet Banking Service is provided by Fiserv. Fiserv utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. In addition to log-on security, Fiserv uses the SSL (secure socket layer) encryption technology for everything you do in the Internet Banking system. This technology is automatically activated by your browser when it attempts to connect to our system and it will support 256 bit key lengths, although we will warn you when your browser is set to use the lower security level encryption of 256 bits. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small icon of a padlock at the bottom of the screen from open to locked. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet. In addition, our servers have been certified by a "Certificate Authority" that will assure you that you are actually talking to our servers instead of someone pretending to be us. (If you are using an older browser, such as anything prior to than versions 4.0 on Netscape or Internet Explorer, the "Certificate Authorities" key may be expired and you may need to update it on your browser. You can obtain instructions on how to do this by clicking on the 3x Browser SSL Update link located here or above the "Enter" icon on the Internet Banking system login page.)
One of the main security features guarding the use of the Internet Banking system is the unique combination of your Access Code and Pass code. It is important that you keep your Pass code secret. We will not be liable for any losses resulting from you permitting other persons to use your Access Code and Pass code to access the system.
The Internet Banking service requires that you complete the initial enrollment process. This involves completing a small online form on our First Time Enrollment page.
Security is very important to the Internet Banking Service. At the time you request the service, you will select a unique "Access ID" and then choose a "pass code" that will be used to gain access to the system. Prior to activation, the Internet Banking department will verify your identity and authorization to information associated with the account (s) that you request to be tied to the service. To ensure that you select a good secure pass code, our system uses a program called a "pass code cracker" that will not allow words found in a dictionary or associated with your name, address or other personal information. The system will provide helpful tips to help you select a good pass code.
Because your pass code is used to access your accounts, you should treat it as you would any other sensitive personal data. You should carefully select a pass code that is hard to guess. The "pass code cracker will encourage you to stay away from names, dates, and information that may easily be guessed. Keep your pass code safe. Memorize your pass code and never tell it to anyone. You should change your pass code occasionally, such as every 90 days. This can be done at any time after you logged on from the "services" menu.
You may request Internet access to any account that you are a signer or owner. If you desire services that allow you to initiate payments or transfers from the account, you will need the required withdrawal authority over the account to be able to complete the transaction. By using the Internet Banking Service, you agree to maintain one or more accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the system. If the accounts added to the service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your Access Code and Pass code are authorized unless we have been notified to cancel the service.
Fees for the Internet Banking Service
Internet Banking is available to our consumer and small business customers at no monthly charge for all the account information services and transfers. Landmark Cash Management is an exception and does incur a fee; contact your local branch or call 225-683-3371 for fees on this service. Bill Pay is an optional service available only for checking accounts. Fees for the Bill Payment service are listed below in the Bill Payment Service section.
Cancellation of Internet Banking
Your Internet Banking Service may be canceled at any time by this financial institution in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. You will remain responsible for all transactions approved by the system prior to the cancellation, and for any other fees associated with the service. After cancellation, service may be reinstated once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to reinstate services, you must call Internet Banking Service Support at 225-683-3371.
Balance Inquiries, Bill Payments, and Transfer Limitations
You may use the Internet Banking Service to check the balance of your account (s) and to transfer funds among your accounts at this financial institution. Landmark Bank limits the bill payment service to checking accounts only.
Balances shown in your accounts may include deposits subject to verification by us. The balance may also differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. The transfer request must be made before the cut-off time to be available for bill pay on the same business day. If you have further questions, contact us at 225-683-3371.
Canceling or Changing Payments / Transfers
To stop recurring or pending bill payments and transfers you must log in and make edits to pending payments and transfers. You must make edits before our cut-off time 6:30 p.m. CST for any payments and transfers scheduled to be processed that business day. Up to that time, you may go into any pending payment and revise the amount (change to $0.00 to cancel) or payment information. You cannot cancel or edit a transfer once it has been approved, unless it has been prescheduled - in which case you have until our cut-off time 6:30 p.m. CST to cancel or edit the transfer instruction. If you accidentally transferred funds, simply schedule another transfer to move funds to back to the original account. Once processed, you cannot edit bill payments that are issued to payees electronically. If you need to issue a stop payment on bill payment issued by paper check contact us as soon as possible.
If you contact us verbally and direct us to stop a bill payment or transfer 3 business days or more before the transaction is scheduled to be deducted from your account, and we do not do so, we will be liable for your losses or damages. We may provide you directions so that you can make the appropriate payment or transfer edits. If you contact us verbally, we may request that you put your request in writing.
Bill Payment Service
Enrolling in the service
You can enroll in our bill payment services by enrolling in our Online Banking service. For consumer accounts, Bill Pay is FREE of charge.
Small business accounts, the bill pay service has NO monthly fee. Small business accounts setup as a Consumer is limited to 10 bill payments per month at NO monthly fee. A business paying more than 10 bills per month must enroll in Business Online and PAY a monthly fee for this service.
If your account does not have sufficient funds to issue the scheduled payment, you may be charged an insufficient funds charge.
Although payments may be scheduled for the current business day or any date in the future at any time, they will only be processed once a day before our cut-off time 6:30 p.m. CST on any business day. (If you attempt to schedule a payment for that day after 6:30 p.m. CST the system will notify you that you need to change the date to the next business day. Anything scheduled on a non-business day, or after the cut-off time, will not be sent out until the following business day. Since we must forward the funds and billing information to the payee, some lead-time for payments is necessary. In general, the system will attempt to tell you when you can expect the payment to be received by the payee. The estimated payment delivery timeframe is typically shown on the check where you schedule the payment date below the amount line. Our system assumes the payee/vendor will promptly process the payment on the business day it is received. Any delays caused by the payee/vendor would result in additional days before the payment would show on their records. By using this service, you authorize us, and any third-party payment-processing agent we may use, to choose whatever method we feel is the most effective method to process your transaction.
The time frames generally will be determined by the way the payment is sent to the payee. If we or the bill payment-processing agent has to send a paper check in the US Postal system, we typically suggest sufficient time as five (5) business days prior to the payee receiving the payment for processing at their address. If the payee accepts the payment electronically, we generally define sufficient time as two (2) business days prior to the payee receiving the payment. In all cases, the payment should be delivered to the payee/vendor by the tenth business day after the payment was approved and charged to your account.
Our Liability for Failure to Make Payments, Transfers
It is our responsibility to process all bill payments and account transfers properly initiated through the Internet Banking system in accordance with this Agreement. We will be liable for damages, as specified below in the Payment Guarantee section of this Agreement, where the system caused a payment delay or failed to process a payment to be received by the payee/vendor by the tenth business day following the date your account was charged for the payment.
Transfers will be processed within one business day of the completed transfer transaction if the transfer request is made by 6:30 p.m. CST. We will not be liable if any of the following occurs.
If through no fault of ours, you do not have enough money in your account to make the bill payment or transfer, or if the account has been closed. Your account must have sufficient collected funds to make the requested transfer. Certain deposits and balance transfers from other accounts may not be immediately available for bill payment. The amount of available funds will be calculated in accordance with our Funds Availability Policy, provided to you separately when your account was opened. If the payment or transfer would go over the credit limit on your overdraft protection account, or if the overdraft protection account has been closed. If your computer, software, telecommunication lines were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted the transfer or bill payment. If you had knowledge of or questions about the possible malfunction of our system when you initiated the transaction. If circumstances beyond our control such as natural disasters (fire, flood, tornado, etc) or other uncontrollable circumstances (mail delays, telecommunication outages, power failures, etc) prevent proper completion and delivery of transactions despite reasonable precautions that we have taken. If you provide incomplete or inaccurate information to us regarding the account or transaction. It can be shown that the merchant or payee received the payment within the normal delivery timeframe and failed to process the payment through no fault of our service providers or ours. If your account has been tied up by legal proceedings (court order, garnishment) or other actions that prevent us from making a payment or transfer. We have reasonable basis for believing that unauthorized use of your access ID, PIN or pass code or designated account has occurred or may be occurring. If you default under the terms of this agreement, or any other legal agreement with us. If either Party terminates this Agreement.
Documentation And Verification Of Payments And Transfers
Information regarding Internet Banking transactions will be reflected on the account detail in our online banking system and in your regular monthly account statement(s).
Notice of your Rights and Liabilities under the EFT Act
The EFT Act provides you with certain rights and responsibilities with respect to electronic fund transfers via our Internet Banking system. Your rights and responsibilities in the event of an unauthorized bill payment or unauthorized account transfer are disclosed below. Please read the following EFT disclosures carefully. You should print this document for future reference. Instructions for printing are provided below and in our User's Service menu. You may obtain a hard copy of this document from us at any time by calling or sending us an email or upon request in person.
Your Responsibilities and Liability for Unauthorized Use
If you believe your access ID, or pass code has been compromised, lost, or stolen, or that someone has transferred or may transfer money from your account without your permission, call us immediately at the following number: 225-683-3371.
Telephoning is the best way of keeping your possible losses to a minimum. If you suggest that an unauthorized transfer or payment may have occurred, we may require you to sign an affidavit.
You could lose all the money in your account (plus the funds your overdraft protection account). If you tell us within 2 business days after you learn that your access ID and pass code have been compromised, lost, stolen, you can lose no more than $50.00 if someone used your pass code without your permission. If you do NOT tell us within 2 business days, after you learn of the loss or theft of your pass code and we can prove we could have stopped someone from using your access ID, pass code without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows electronic transfers that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods to a reasonable time.
Errors and Questions
In cases of errors or questions concerning transactions completed within the Internet Banking Service, do one of the following, as soon as possible:
Telephone Internet Banking Service Support at 225-683-3371; or
For a Bill Payer error tell us:
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 after we hear from you and will correct any error promptly. We may extend the time frame for investigation to 20 business days on a new account, if the suspected error occurred outside the United States or if it occurred at a merchant location for the purchase of goods and services. If we need more time, however, we may take up to 45 days to investigate your complaint or question. We may extend the investigation up to days 90 days if on a new account, if the suspected error occurred outside the United States, or if it occurred at a merchant location for the purchase of goods or services. If we decide to do this, we will provisionally credit your account within 10 business days for the amount you think is in error, so that you will have the use of your money during the time it takes us to complete our investigation. We will provide provisional credit within 20 business days if a new account, if the suspected error occurred outside the United States, or if it occurred at a merchant location for the purchase of goods or services. If we ask you to put your complaint or question in writing and we do not receive it within ten business days, we may not provisionally credit your account. We will tell you the results within 3 business days after completing our investigation. If we determine 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
Other Problems. If you believe an error, other than an electronic funds transfer problem has occurred, you can call us at 225-683-3371.
Landmark Bank Alerts Terms and Conditions
Disclosure of Account Information to Third Parties
Information about your account(s) or the transaction (s) you make will be disclosed to third parties only if at least one of the following applies:
Internet banking and electronic delivery of statements requires that your Internet browser be (Secure Socket Layer) SSL compliant. Most popular browsers support this security feature. We require this to maintain our high security level. If you have an early version of the WebTV browser it will not be SSL compliant. However, the new version 2 and 3 currently support SSL. Some screens in Internet banking are maximized for computer users who can set their monitors to a resolution of 800x600 pixels. This requires WebTV users to scroll across on some pages. We cannot guarantee that Internet banking screens will appear as intended with WebTV browsers.
Our Internet banking system currently works with Netscape 6.0 and higher and with Internet Explorer 5.5 and higher, and we strongly recommend that you download the latest versions of your preferred browser software with 256-bit encryption. We encourage you to use 256-bit encryption if possible (also called "domestic" or "U.S." grade encryption)- though if you travel overseas you may want 40-bit access as well. The system will inform you when you log in whether you are using a 40-bit browser or not.
You are solely responsible for the maintenance, installations, and operation of your computer. This financial institution shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your computer or software, nor will we be responsible for any computer virus that affects your computer or software while using our Internet Banking Product. We encourage our customers to routinely scan their PC and diskettes using a reliable virus detection product. Undetected or unrepaired viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.
By assessing our Internet Banking system, you agree that we shall not be liable for any indirect, incidental, or consequential costs, expenses, or damages (including lost savings or profit, lost data, business interruption, or attorney's fees.)
Wide Text Statements and other Special Printing Instructions
For certain accounts, our statement format may be wider than your browser's default printer setting support and may not automatically print correctly or cut off the right-hand side of the page. Our "help" section will explain how to change the browser's printer settings to show the entire statement. Additionally, many of our pages actually contain several areas of information. To print the section that you want, you may want to always click once in the area with the left mouse button to let the browser know which "frame" section you want to print.
Termination / Inactivity
You may terminate the use of our Internet Banking Service by contacting us via US mail, e-mail, or personal delivery to Landmark Bank P. O. Box 967, Clinton, LA 70722. If your account(s) is closed or restricted for any reason, or if there has been not Internet Banking or Bill Payment Activity for a period of 3 consecutive months, Internet Banking accessibility will automatically terminate. We may at anytime cancel all or part of the Services we generally offer.
If you terminate bill payment service, you authorize us to continue making payments and other previously authorized transactions until we have a reasonable opportunity to act upon your termination notice; you also agree to pay all applicable fees and charges. Once we have acted on your notice, we have no further responsibility to make any payments or previously authorized transactions.
This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana.
This agreement may not be assigned to any other party by you. We may assign or delegate, this agreement in part or whole, to any third party.
Terms and conditions of this Agreement may be amended in whole or part at any time within 30 days written notification prior to the change taking effect. We may notify you of such changes by US mail, or if you agree, we may send you an email notice, which details the changes. Email notifications may also direct you to a section of our website which will include the changes. Amendments or changes to term(s) or condition(s) may be made without prior notice if it does NOT result in higher fees, more restrictive service use, disclosure of additional account information to third parties, or increased liability to you. Also, if a change in term(s) or condition(s) is necessary to maintain or restore the security of our system or your account(s), no advance notice is required and we will then notify you within 30 days following such action. If you do not agree with the change(s), you must notify us in writing or via email prior to the effective date to cancel your access to the Service. Your continued use of the affected change in Service is your agreement to the amendment (s).
Mobile Deposit Capture User Agreement
This Agreement contains the terms and conditions for use of the Mobile Deposit capture services. Other agreements you may have entered into with Landmark Bank governing your account, are incorporated by reference and made a part of this agreement.
Limitations of Service
When using this Service, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. We reserve the right to change, suspend or discontinue this Service, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice toyou.
Hardware and Software
In order to use this Service, you must obtain and maintain, at your own expense, a Remote Device, or other hardware and software necessary for any other Eligible Device Landmark Bank may designate in the future. If Landmark Bank designates any additional Eligible Devices, such Eligible Devices will be indicated on the Landmark Bank website.
Landmark Bank assumes no responsibility for defects, failures or incompatibility of any Equipment used in connection with the Service, including any third party software you may need to use the Service. Any third party software is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at the time of download and installation.
The following deposit limits apply to your Eligible Landmark Bank Accounts through the Service:
· $5,000 check deposit limit
· $10,000 daily deposit limit
You agree not to make deposits through the Service in excess of this limit. The Bank may refuse to accept and process any deposits that exceed this dollar limit. In addition, the Bank reserves the right to change these limits or impose additional limits in its sole discretion from time to time.
Landmark Bank provides this service to you at no extra charge. We may, upon notice to you, to the extent required by applicable law, charge a fee for use of the Service. You are responsible for paying the fee for the use of this Service. Any fee that is charged will be disclosed prior to your Mobile Deposit. You authorize the Bank to deduct any such fee from any of your Bank accounts, even if such deduction causes an overdraft in the account. Should you fail or refuse to pay any charges under this Agreement, you agree to pay all collection costs (including reasonable attorney's fees) that may be incurred by the Bank. In addition to the Service fees, you agree to pay all taxes, tariffs and assessments levied or imposed by any government agency in connection with the Service, this Agreement, and/or the software or equipment made available to you (excluding any income tax payable by the Bank). You are also responsible for the costs of any communication lines and any data processing charges payable to third parties.
You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). You agree that the image of the check transmitted to the Bank shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:
· You agree that you will not use this Service to scan and deposit any of the following checks ("Prohibited Check"), which shall be considered prohibited notwithstanding that such checks may constitute "checks" under Reg. CC:
· Checks payable to any person or entity other than the owner(s) of the account into which the check is being deposited.
· Checks containing an alteration to any of the fields on the front of the check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn
· Checks payable to two or more persons jointly, not alternatively, unless deposited into an account jointly owned by all payees.
· Checks previously converted to a substitute check, as defined in the Account Agreements, are "image replacement documents" that purport to be substitute checks.
· Checks drawn on a financial institution located outside the United States.
· Checks that are remotely created checks, as defined in the Account Agreement.
· Checks not payable in United States currency.
· Checks dated more than six (6) months prior to the date of deposit.
· Checks prohibited by the Bank's current procedures related to this Service or which are otherwise not acceptable under the Account Agreement governing your Bank account.
· Checks payable on sight or payable through Drafts.
· Checks with any endorsement on the back other than that specified in this Agreement.
· Checks that have previously been negotiated, submitted through this Service, or through a remote deposit capture service offered at any other financial institution.
· Checks that are drawn or otherwise issued by the U. S. Treasury Department.
· Money Orders or Postal Money Orders.
· Travelers Checks.
· Checks payable to Cash,
You agree that we may, in our sole discretion, amend the list of Prohibited Checks from time to time. If you deposit a Prohibited Check, you agree to indemnify and reimburse the Bank for, and hold the Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys' fees) the Bank may incur associated with any warranty, indemnity or other claim related thereto. Additionally, Landmark Bank may refuse any check for deposit, with or without cause.
Hours of Operation; Processing Cut-off Hour; Location where your deposits are considered made
The Service can be utilized by you 24 hours a day, seven days a week, except when the Service is unavailable due to needed maintenance or system outages. The Bank is not responsible for the unavailability of the Remote Service or any damages that may result from its unavailability.
Images of Eligible Checks and associated deposit information received for processing by the Bank before 3:30pm CST Monday through Friday are typically available within two business days, except for federal holidays.
Confirmation of Receipt of Check Images
You will receive an electronic confirmation of receipt of the image of your Eligible Check upon the successful transmission of that image to the Bank. Receipt of the image of your Eligible Check is not deemed to have occurred until after the Bank has provided electronic notification of such receipt in your deposit history located within the mobile banking application.
We reserve the right to reject any item transmitted through the Service, 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. An image of an item shall be deemed received when you receive a confirmation from that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
Availability of Funds
Funds deposited Monday through Friday before 3:30pm CST are typically available within two business days, except for federal holidays.
The Bank’s funds availability exception policies, as fully set forth in disclosures, also apply to deposits made via the Remote Service. Please refer to your Account Agreement for an explanation of those exception policies. In the event the Bank receives a check image for deposit where it has reason to doubt the collectability of that deposit, the Bank may delay the availability of that deposit for a reasonable period of time until the item is either paid or returned. In such cases, the Bank will notify you of this action. The Bank reserves the right to change our Funds Availability policy, in our sole discretion, subject to applicable laws.
The Images of checks transmitted to the Bank using this Service must be legible, as determined in our sole discretion. Without limiting the foregoing, each Image of each check must be of such quality that the following information can be clearly read and understood by sight review of such Image:
· The amount of the check;
· The payee of the check;
· The signature of the person who wrote the check;
· The date of the check;
· The check number;
· The information identifying the drawer and the paying bank that is preprinted on the check, including the MICR line; and
· All other information placed on the check prior to the time an Image of the check is captured, such as any required identification written on the front of the Check and any endorsements applied to the back of the check.
The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
Check Endorsement Requirements
Priortoscanninganycheck throughtheService, youagreetorestrictivelyendorsetheoriginalcheck transmitted through the Service with Your name and the legend “For MobileDeposit Only Landmark Bank” and the account number, or as otherwise instructed by Landmark Bank. You agree to follow all other instructions provided to you by the Bank for capturing and transmitting check images and associated deposit information via theService.
Example: John Doe
For Mobile Deposit Only
Storage and Destruction of Original Checks
Upon your receipt of a confirmation that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” and store the original check for a period of 10 calendar days from the date of the image transmission (such period the “Retention Period”). During the Retention Period, you shall take appropriate security measures to ensure that: (a) only authorized persons shall have access to original checks, (b) the information contained on such checks shall not be disclosed, (c) such checks will not be duplicated or scanned more than one time and (d) such checks will not be deposited or negotiated in any form. During the Retention Period, you agree to promptly (but in all events within 5 business days) provide the original check to the Bank upon request. The risk of loss due to the unavailability of the original or copy of a check for any reason, during the Retention Period, shall be exclusively on you.
You agree to notify of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable account statement is sent. Unless you notify us within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.
The manner in which the items are cleared, presented for payment, and collected shall be in Bank’s sole discretion subject to the Account Agreement and Disclosures governing your account.
DISCLAIMER OF WARRANTIES: You agree your use of the services 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 the services, whether express or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose and noninfringement. We make no warranty that the services (i) will meet your requirements, (ii) will be uninterrupted, timely secure, or error free, (iii) the results that may be obtained from the service will be accurate or reliable, and (iv) any errors in the services or technology will be corrected.
LIMITATION OF LIABILITY: You agree 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 the services incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of this service, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if we have been informed of the possibility thereof.
User Warranties and Indemnification
You represent and warrant the following with respect to each image of a check that you transmit through the Service:
· You will only transmit eligibleitems.
· Images will meet the image qualitystandards.
· You will not transmit duplicateitems.
· You will not deposit or represent the originalitem.
· All information you provide to us is accurate andtrue.
· You will comply with this Agreement and all applicable rules, laws andregulations.
· You are not aware of any factor that may impair the collectability of the check.
· All checks and your transactions are, and will be, bona fide. All signatures on checks are authentic and authorized
You agree to indemnify and hold harmless from any loss for breach of this warranty provision.
Returned Items and Right of Chargeback
Any credit to your account of any deposit using the Service is provisional until final payment of the item deposited. If a check deposited through the Service is dishonored, rejected, or otherwise returned as unpaid by the drawee bank, or the item is rejected, or returned by a clearing agent or collecting bank for any reason, including, but not limited to, issues relating to the quality of the Image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an Image of the original check, a paper reproduction of the original check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. You agree not to deposit or otherwise negotiate an original check after our chargeback. We further reserve the right to chargeback to your account at any time, any Check we subsequently determined was a Prohibited Check. You further agree the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of any item deposited through the Service.
Termination or Suspension of Remote Service
Landmark Bank may terminate or suspend your use of the Service at any time. The Bank may terminate or suspend the Service without prior notice if the Bank, in its sole judgment, believes there has been a breach in the security of the Service, there has been unauthorized activity involving your account, you have engaged in activity that violates the terms of this Agreement, or there has been account activity resulting in an overdraft in any of your deposit accounts with the Bank. Should your use of the Remote Service be suspended, the Bank may, in its discretion, reconsider your account for eligibility to use the Service no sooner than six months after the suspension date.
You agree that the Bank may change the terms and conditions of this Agreement as required by law or Bank policy. Unless otherwise required by law, the Bank may amend this Agreement without prior notice to you. If the Bank chooses to notify you of an amendment or is required to do so by law, the Bank may ask you to agree to an amended version of this Agreement electronically, or by mailing or delivering a separate notice, statement message, or electronic message to you at the last address on file for you.
This Agreement shall be governed by federal laws and regulations. To the extent such laws and regulations do not apply, this Agreement is governed by the laws of the state where we open your Account, or, if we transfer your Account to another location, where we currently maintain your Account, without regard to its choice of law provisions.
Electronic Consent and Acceptance of Terms and Conditions
In order to enroll in the Remote Service, you consent to receive and accept the terms and conditions of this Agreement, and any amendments to it, electronically. In the event any change to this agreement requires prior notice to you, the Bank will notify you by e-mail, at the e-mail address you have provided for such notices, of the new or different terms and conditions or it will provide you with a link within such e-mail where you may view the new or different terms and conditions on a web site. In the future, if the Bank chooses to provide you with such notices for deposits via the Service only by e-mail and not by mail, we will notify you by e-mail. You understand and agree that the Bank reserves the right to provide any notices regarding the use of the Service to you in printed form.
Mobile Deposit Consent and Agreement
By agreeing to these terms, you agree: 1) that you have equipment that satisfies the above requirements; 2) to receive information about the Service, including this Agreement, any amendments to it or any notices regarding the use of the Service, electronically; and 3) that you have received an electronic version of this Agreement and agree to be bound by the terms and conditions contained therein. Because enrollment in the Service can only occur electronically, you understand that you cannot enroll in the Service unless you agree. The Bank reserves the right to provide information and notices about the Service to you by non-electronic means.
VII. Additional Provisions for Business Customers Only
By using our Online Banking Services, you acknowledge and agree that the security procedures for electronic banking transactions set forth herein are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use, and we had a reasonable opportunity to act on suchnotice.
Fees and Charges
Landmark Bank provides the services listed under the Online Banking Services section of this Agreement to you at no extra charge. The monthly fee and all other fees and charges are described in our Schedule of Fees, which is separately available to you upon your request.
You are responsible for connectivity and Internet service fees you incur with your use of the Service.
VIII. Additional Provisions for Consumer AccountsOnly
Liability for Unauthorized Use (Consumers/Personal Accounts Only)
Tell us at once if you believe your Online Banking password has been compromised or if someone has transferred or may transfer money from your account without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all of the money in your account (plus any amount available under your overdraft protection, if applicable).
If you tell us within 2 Business Days, you can lose no more than $50 if someone uses your Access ID and Password without your permission. If you do NOT tell us within two Business Days after you learn of the loss or theft of your Access ID and Password, and the Bank could have reasonably stopped someone from using the Access ID and Password without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows any electronic funds transfers that you did not make or authorize, notify us at once. If you do not notify us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason kept you from telling us, we may, at our sole discretion, extend the time periods.
If you authorize someone else to use your Access ID and password, you are responsible for all transactions which that person initiates at any time, even if the amount of the transaction or number of transactions exceeds what you authorize.
In Case of Errors or Questions About Your Electronic Funds Transfers
In case of errors or questions about your electronic funds transfers ("EFTs"), or if you think your statement or receipt is wrong or if you need more information about an EFT listed on your account statement or receipt, contact us at 225-683-3371; or write to Landmark Bank Internet Banking Service Support P.O. Box 967, Clinton, LA 70722. We must hear from you no later than 60 days after we have sent the FIRST statement on which the problem or error appeared. We will need you to provide us the following information.
Your name and account number
If you tell us verbally, 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 for new accounts) 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 for new accounts) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive your letter within 10 Business Days, we reserve the right to not provisionally credit your account.
We will tell you the results within 3 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.
We invite you to print a copy of this Agreement and retain it for your records. You may also request that a copy of this Agreement be mailed to you by contacting us in the manner indicated in the above In Case of Errors or Questions About Your Electronic Funds Transfers section of this Agreement.
This Agreement supplements any other agreements or disclosures related to your account(s), including the Deposit Account Agreement and Disclosures provided to you separately.