AGREEMENT AND DISCLOSURE
This Internet Banking Agreement and Disclosure is between Commercial
State Bank and the undersigned bank customer (Customer’s acceptance
of this agreement by clicking on I Accept represents
signature.) Commercial State Bank may be referred to as “bank”,
“we”, or “us”. Customers may be referred to as “you” and “your.”
This agreement discloses how you may use Internet Banking, what
information you can obtain, and transactions you may make. This
agreement contains the terms and conditions governing Commercial
State Bank Internet Banking. If you want to enroll in Internet
Banking you must agree to the terms and conditions stated in this
agreement. If you do not agree to these terms and conditions click
on I Decline.
Description of Internet Banking Services
You can obtain the following information:
information on all types of accounts, loan payment amounts,
payment due dates and certificates of deposit maturity dates
transactions on your accounts for current and previous statement
information on your interest-bearing deposit accounts and loan
your statement information into a personal financial management
information on your safe deposit box
You may make the following types of funds transfers:
funds from checking to checking
funds from checking to savings
funds from savings to savings
funds from savings to checking
payments from checking to loan accounts
payments from savings to loan accounts
make arrangements for one time, on demand transfers or loan
payments or make scheduled transfers to occur in the future or
on a recurring basis.
You will be provided a confirmation number with each transfer.
Please write down this number when you receive it. It helps us
resolve any questions you may have concerning your transactions.
Fees and Charges for Internet Banking Service:
Internet Banking is FREE to our customers.
Internet Banking Access ID and Password
To initially access Commercial State Bank Internet Banking you will
use an Access ID and Password that our bank assigns to you. The
first time you log in you will be required to change your Access ID
and Password. Online instructions will explain Access ID and
Password requirements. You will be able to change your password at
any time if you feel security has been breached. You agree to keep
your Commercial State Bank Internet Banking Access ID and Password
confidential to prevent unauthorized access to your accounts and to
prevent unauthorized use. For security purposes, we recommend you
memorize your Access ID and Password. If you choose to write it
down, store it in a secure place. If you violate this agreement and
purposely disclose your Access ID and Password to allow others to
access your accounts, you are fully responsible for any transactions
they make on your accounts.
If you believe your password is lost or has been acquired by an
unauthorized person, report it at once to Commercial State Bank at
(605) 384-3646 or toll free at 1-800-669-4060. We reserve the right
to block your access to Commercial State Bank Internet Banking
services to maintain or restore security to our web site and
systems, if we believe your password has been or may be obtained, is
being used or may be used by an unauthorized person(s).
It is the customer’s responsibility to detect duplicate
transactions. Commercial State Bank will pay all transactions
initiated online by the customer unless there are insufficient funds
or uncollected funds.
If a hold has been placed on deposits made to an account from which
you want to transfer funds, you cannot transfer the portion of the
funds held until the hold expires.
You agree that you will instruct us to make a transfer only when a
sufficient balance is or will be available in the designated account
at the time of the transfer. You understand that we will not act on
any transfer instruction from you if sufficient funds are not
available in the account that you designated.
Your ability to make transfers from your savings accounts and money
market accounts is restricted by Federal Reserve Board Regulation D.
For each savings or money market account, the following limitations
apply: You may make six (6) transfers from your account each four
(4) week or similar period, if by preauthorized or automatic
transfer, or telephone (including data transmission) agreement,
order or instruction. Three (3) of these transfers may be made by
check, draft, debit card or similar order (including POS
transactions), made by the depositor and payable to third parties.
Transfers and withdrawals made in person, by messenger, by mail or
at an ATM are unlimited. Once a savings account or money market
account has violated the Regulation D limits, Commercial State Bank
will notify you of the violation and may require you to convert the
account to a transaction type account.
Failure to Make Transfers
If we do not complete a transfer to or from your account on time or
in the correct amount according to our agreement with you we will be
liable for your losses or damages. However, there are some
exceptions. We will not be liable for instance:
through no fault of ours, you do not have enough money in your
account to make the transfer
money in your account is subject to legal process or other claim
restricting such transfer
circumstances beyond our control (such as fire or flood) prevent
the transaction, despite reasonable precautions that we have
You will receive a monthly account statement from us for your
Checking and Money Market accounts, unless the accounts show no
activity in which case you will receive a statement quarterly. You
will receive a quarterly account statement from us for your Savings
account. These printed statements will detail your Internet Banking
Stop Payment of Preauthorized Payments
If you have told us in advance to make regular electronic fund
transfers out of your account(s), you can stop any of these
payments. Here is how: Call us at (605) 384-3646 or toll free at
1-800-669-4060 or write our bank at 204 S. Main Ave, P.O. Box 220,
Wagner, SD 57380-0220, in time for us to receive your request three
business days or more before the payment is scheduled to be made. If
you call, we may require you to put your request in writing and get
it to us within 14 days after you call. We will charge you $25.00
for each stop pay order you give.
Computer Hardware and Software
To access Commercial State Bank Internet Banking, you must have
Internet service, an Internet browser software program (Internet
Explorer or Netscape) with version number 5.0 and above with a
128-encryption. You are responsible for, at your expense, obtaining,
installing, maintaining, and operating all equipment hardware and
software you use. We do not warrant nor will we be responsible for
any error or failures from the malfunction or failure of your
hardware or software.
You agree that Commercial State Bank is not responsible for any
electronic virus that you may encounter using Commercial State Bank
Internet Banking. You are responsible for maintaining reliable virus
protection and spy detection products to detect and remove any
viruses or other malicious files found.
Hours of Operation
You can access Commercial State Bank Internet Banking through our
website www.commercialstate.com seven days a week, 24 hours a day.
However, at certain times, some or all of the services may not be
available due to system or Internet maintenance. If we need to
change the scope of Commercial State Bank Internet Banking, we will
attempt to provide prior notices to such interruptions and changes,
but cannot guarantee that such notice will be provided.
E-mail is not available to you after you log in to Commercial State
Bank Internet Banking. You may not use e-mail from our public
website to initiate banking transactions. E-mail is in place for you
to make inquiries or ask questions not of a sensitive nature (See
You agree that we may send you or make available to you notices,
disclosures, and other information electronically including, but not
limited to, notices, disclosures, and other information required
under the Electronic Funds Transfer Act and Regulation E of the
Federal Reserve Board. If you have given us an email address or
postal address, we are entitled to rely on that address and assume
that messages sent to that address are received by you until you
give us notice in writing or by e-mail that the address is no longer
valid. If we send you a notice or disclosure electronically, and you
wish to download or print it and are unable to do so, contact us at
the mailing address or telephone number address in the Error Notice
section of the Agreement or send us an e-mail and we will provide
you with a copy on paper.
Limitation of Liability Relating to Available Internet Services
Except as otherwise provided in this Agreement or otherwise
expressly provided by applicable law or regulation, you agree that
neither Commercial State Bank nor any party that provides Internet
access or provides equipment used to access Commercial State Bank
Internet Banking services or any agent, independent contractor, or
subcontractor of any of the foregoing will be liable for any loss,
injury, or damage including without limitation, direct, indirect,
incidental, special, consequential, or punitive damages, whether
under a contract, tort or any other theory of liability, arising in
any way from the installation, use or maintenance of our Internet
Banking service or of the Internet access provider used to access
our Internet Banking services or of the equipment used to access our
Internet Banking services including, without limitation any loss,
injury or damage relating to any failure of performance, error,
omission, interruption, defect, delay in operation or transmission,
computer virus, line failure or unauthorized interception or access
to your communications with us, even if we or the service providers
are aware of the possibility of such event. The Commercial State
Bank agrees to provide you with access through your personal
computer to your accounts, which you requested to have set up by the
bank. You understand and agree that Commercial State Bank is not
liable for any damages. Hyperlinks to internet resources are at your
own risk; the content, accuracy, opinions expressed and other links
provided by these resources are not investigated, verified,
monitored or endorsed by Commercial State Bank. Commercial State
Bank and you agree that Commercial State Bank provides the
information and materials through the Internet Services including
the text, graphics, links or other items, "as is" or "as available."
Commercial State Bank does not warrant the accuracy, adequacy or
completeness of this information and materials and expressly
disclaims liability for errors or omissions in this information and
materials. No warranty of any kind, implied, express or statutory,
including but not limited to the warranties of non-infringement of
third party rights, title, merchantability, fitness for a particular
purpose and freedom from computer virus, is given in conjunction
with the information and materials.
Commercial State Bank takes very seriously the security and privacy
of your information. We will use your information to complete
transfers, to comply with laws, government agencies, or court
orders, or if you give us permission. We will never sell or release
your information to other third parties without your permission.
Tell us AT ONCE if you believe your Access ID or Password has been
lost or stolen or of any unauthorized transaction. Also, if your
statement shows transfers that you did not make, tell us AT ONCE. If
you believe your Access ID or Password has been lost or stolen, or
that someone has transferred or may transfer money from your account
without your permission, call Commercial State Bank at (605)
384-3646 during normal business hours as listed in the Agreement.
In case of errors
or questions about your electronic transfers telephone us at (605)
384-3646 or toll free at 1-800-669-4060, or write us at 204 S. Main
Ave, P.O. Box 220, Wagner, SD 57380-0220,, or e-mail us as soon as
you can, if you think your statement or receipt is wrong or if you
need more information about a transfer listed on the statement or
receipt. We must hear from you no later than 60 days after we sent
the FIRST statement on which the problem or error appeared.
your name and account number, if any. (Do not send your account
number by e-mail.)
the error or the transfer you are unsure about, and explain as
clearly as you can why you believe it is an error or why you
need more information.
the dollar amount of the suspected error.
If you tell us
orally, we may require that you send us your complaint 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. 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 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.
If a notice of error involves unauthorized use of your Visa Point of
Sale Checkcard, we will provide provisional credit within five
business days after you notify us instead of 10 or 20 business days.
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 we used in our investigation.
This agreement continues in full force and effect until terminated.
You may terminate the Agreement and your use of Commercial State
Bank Internet Banking at any time by calling (605) 384-3646 or toll
free at 1-800-669-4060 or by sending a written termination notice to
Commercial State Bank, 204 S. Main Ave, P.O. Box 220, Wagner, SD
57380-0220. Your termination notice will be confirmed by mail. You
authorize us to complete fund transfers until we have had a
reasonable opportunity to act upon your termination notice.
We may terminate this Agreement and your use of Commercial State
Bank Internet Banking services at any time without cause or prior
notice. This Agreement and your use of the available Internet
services will be terminated automatically if your account(s) are
closed or access to your accounts is restricted for any reasons.
This Agreement and your use of Commercial State Bank Internet
Banking services may be terminated at any time without prior notice
due to insufficient funds in one of your accounts. After termination
on such basis, you may again enroll once sufficient funds are
available in your accounts to cover any fees and other pending
transfers or debits. We reserve the right to temporarily suspend
Commercial State Bank Internet Banking services in situations deemed
appropriate by us, in our sole and absolute discretion, including
when we believe a breach of system security has occurred or is being
attempted. We may consider repeated incorrect attempts to enter your
Access ID or Password as an indication of attempted security breach.
Termination of the services does not affect your obligations under
this agreement with respect to occurrences before termination.
By accessing Commercial State Bank Internet Banking, you hereby
acknowledge that you will be entering a protected web site owned by
Commercial State Bank, which may be used only for authorized
purposes. The bank may monitor and audit usage of the system and all
persons are hereby notified that use of the services constitutes
consent to such monitoring and auditing. Unauthorized attempts to
upload information and/or change information on these web sites are
strictly prohibited and are subject to prosecution under the
Computer Fraud and Abuse Act of 1986.
To enroll in Internet Banking you must agree to the terms and
conditions stated in this agreement and click I Accept. If
you do not agree to these terms and conditions and do not want to
enroll in Internet Banking click on I Decline.