This Online Banking Agreement and Disclosure ("Agreement") describes your rights and obligations as a user of the Gogebic Range Bank Consumer and Business Online Banking service ("Services"). It also describes the rights and obligations of Gogebic Range Bank ("Bank"). Please read this Agreement carefully. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement.
Enrollment in this service can be initiated on Gogebic Range Bank's website (www.gogebicrangebank.com). When you click “I Consent” at the end of this agreement, this constitutes your written signature and approval of, and agreement to be bound by, the provisions of this Agreement.
The following definitions apply in this Agreement:
- "Authorized Representative" refers to a person with authority (with respect to the account);
- " Stop Payment" is the online service that enables you to place a stop payment on a check issued through your checking account.;
- "ISP" refers to your Internet Service Provider;
- "Online Banking" is the internet-based service providing access to your Bank account(s);
- "Online Account" means the Bank account from which you will be conducting transactions using a Service;
- "Password" is the Bank-generated code selected by us for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service;
- "PC" means your personal computer which enables you, with the Internet browser and ISP, to access your Online Account;
- "Time of day" references are to Eastern Standard Time;
- "Login ID" is the Bank-generated identification code assigned to you for your connection to the Service;
- "We", "us", or "Bank" refers to Gogebic Range Bank which offers the Services and which holds the accounts accessed by the Services; and
- "You" or "your" refers to the owner of the account or the authorized representative.
II. Setup and Access to Consumer & Business Online Banking Services
In order to use Gogebic Range Bank’s Consumer and/or Business Online Banking Services, you must have at least one Eligible Consumer or Business Deposit or Loan Account. You will gain access to your Gogebic Range Bank Online Accounts through the use of your Internet-enabled device, your ISP, your Password and your User ID. You may access your Online Accounts 24 hours a day, seven (7) days a week. However, availability of the Services may be suspended for brief periods of time for purposes of maintenance, updating and revising the software. FAQ's and a demo product are provided for your assistance. For purposes of transactions, the Bank's business days are Monday through Friday, excluding holidays and weekends. All Online Banking transaction requests received after 8:00PM CT on business days and all transactions which are requested on Sundays or holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day. The Bank's business day begins at 8:30AM Monday through Friday and 9:00AM on Saturday.
III. Banking Transactions with Gogebic Range Bank Online Banking
- Account Access. You may access any checking, savings, certificates of deposit or loan accounts for which you are an account owner/signer.
- Transfer of Funds. In addition to viewing account information, you may use Gogebic Range Bank Online Banking to conduct the transfer of funds. When you schedule a Transfer, you authorize us to withdraw funds from your Deposit Account (the “sending account”) and to deposit funds or make payment to the Account designated to receive the Transfer (the “receiving Account”). You may make one-time transfers or schedule future or recurring transfers. You may transfer funds among your checking accounts, savings accounts and money market accounts. Transfers are made on the Business Day you schedule the Transfer as long as you initiate the Transfer before 8:00PM CT. Transfers initiated after 8:00PM CT, or on a day other than a Business Day will be made on the next Business Day.
NOTE: Because regulations require the Bank to limit preauthorized transfers (including Online Banking transfers), the following limitations apply:
- Gogebic Range Bank Savings account. You can make no more than six (6) transfers per statement period by preauthorized or automatic transfer or by telephone or Gogebic Range Bank Online Banking.
- Gogebic Range Bank Money Market account. You can make no more than six (6) transfers per statement period by preauthorized or automatic transfer or by telephone or Online Banking and no more than three (3) of these may be by check, draft or debit card. Please note: If there are not sufficient funds in the account, we cannot complete this transfer. However, future recurring transfers will not be impacted.
- Additional Services. New services may be introduced for Gogebic Range Bank Online Banking from time to time. The Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
IV. Schedule of Fees
The Bank offers the benefits and convenience of the Gogebic Range Bank Online Banking Service to you free of charge. All charges provided in the applicable Account Agreements continue to apply.
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.
VI. View and Download Account Information (Business Online Banking Services)
You may view Account information. Your Account balance is generally current as of 6:00PM the previous Business Day and may not include current transactions (such as checks cashed at a teller today). In addition, your Account balance may show funds that have been credited to your Account, but that are not yet available for withdrawal or advance. Online Banking displays an "Available Balance" that includes any memo posted transactions that occur throughout the Business Day. A "memo posted transaction" is a temporary credit or debit to your Account that is not final, and maybe subject to correction. You may review the history of past transactions on your Accounts over the previous 90 days.
You may also download Account information in the following formats:
1. Open Financial Exchange (.OFX - for Microsoft® Money) 2. Personal Finance (.QIF) 3. Spreadsheet (.CSV) 4. Word Processing (.TXT) 5. Intuit Quicken (.QFX) 6. Intuit Quickbooks (.QBO) 7. Intuit Quickbooks (.IIF)
VII. Use of Your Security Password
You are responsible for keeping your password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:
- Do not give out your account information, Password, or User ID;
- Do not leave your PC unattended while you are in the Bank's Online Banking Site;
- Never leave your account information within range of others; and
- Do not send privileged account information (account number, Password, etc.) in any public or general e-mail system.
If you believe your password has been lost or stolen or if you suspect any fraudulent activity on your account, call the Bank immediately at (906)-932-7646 between the hours of 8:30AM to 4:00PM, Monday through Friday, and 9:00AM to 12:00PM on Saturday. For services after-hours, immediately call (800)-472-3272. Contacting the Bank by phone is the best way of minimizing your losses and liability. (See; Section XII)
VIII. Electronic Mail (E-mail)
If you send the Bank an e-mail message, the Bank will be deemed to have received it on the following business day. You should not rely on e-mail if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.
- NOTE: E-mail transmissions outside of the Online Banking site are not secure. We advise you not to send us or ask for sensitive information such as account numbers, Password, account information, etc. via any general or public e-mail system. If you wish to contact us electronically, please use the Contact Us tab provided in our Online Banking site. Use this secure form to e-mail the Bank regarding inquiries about an electronic funds transfer error resolution, reporting unauthorized transactions, or contacting the Bank regarding other concerns of a confidential nature.
IX. Stop Payments
- The request to stop payment must have been received at such time and in such manner as to afford the Bank the opportunity to act on it prior to payment of the check.;
- The amount of the check on which you are requesting to stop payment must be absolutely correct to the penny. Our computer program identifies stop payments by the amount of the check only. The amount of the check must match exactly with the amount of the stop payment order. The check is then compared manually to the stop payment order to determine if the other information on the check matches the information on the stop payment order. If all the information matches exactly the check will be returned.;
- The burden of establishing the fact and amount of loss resulting from the payment of the check contrary to a binding stop payment order is on the customer.;
- A stop order is effective for six (6) months unless it is renewed in writing,;
- To remove a stop payment contact your local branch for instructions.
MY RESPONSIBILTY TO THE BANK: I understand that there may be claims or demands made against the Bank as a result of my request to the result of the Bank’s having acted as I have requested. I agree to reimburse the Bank for any costs, expenses, or attorney’s fees that it has incurred in defending itself against and such claims or demands. I agree to notify the Bank immediately if this stop payment is incorrect in any particular. I understand that there may be a fee imposed for requesting a stop payment order and that this charge will be deducted from account.
X. Linked Accounts
All accounts with the Bank that you enroll in a service will be linked by the tax identification numbers of the persons authorized to access the account. The linked accounts will appear together without regard to the ownership of the accounts. For example, if an authorized user of a linked account accesses the Service, that authorized user will be able to view at a single time the following accounts:
- the accounts of the business for which that person is an authorized user;
- the accounts of any other business for which that person is an authorized user; and
- any consumer accounts for which the person is a co-owner or authorized signer.
XI. Business Accounts
If you are a business, any authorized user of your business is authorized on such terms, conditions, and agreements as we may require to:
- enter into this Agreement, as amended from time to time;
- access each account of yours in any manner and for any purpose available through the Service, whether now available or available at sometime in the future; and
- use any Online banking service in any manner and
or any purpose available through the Service, whether now available or available at some time in the future.
XII. Term and Termination
Term. This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions.
- Termination for Cause. We may immediately terminate your electronic banking privileges (including the First Pay Service) without notice to you under the following circumstances:
1. You do not pay any fee required by this Agreement when due or
2. You do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing.
We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.
- Termination for Convenience. To terminate this Agreement, you must notify the Bank and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). When First Pay is terminated, any prescheduled bill payments made through Online Banking will also be terminated. Your final charge for the First Pay service will be assessed at the end of your statement cycle. You may notify the Bank by one of the following methods: • By calling (906) 932-7646 • By writing a letter and either sending it to the following address: Attention: Deposit Operations, Gogebic Range Bank, PO Box 39, Ironwood, MI 49938; Faxing the letter to (906) 932-7649; or giving the letter to a Customer Service Representative at any of the Bank's locations. If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 90-day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.
XIII. Electronic Fund Transfer Provisions For Consumers
Applicability. These provisions are only applicable to online electronic fund transfers that credit or debit a consumer's checking, savings or other asset account and are subject to the Federal Reserve Board's Regulation E (an "EFT"). When applicable, the Bank may rely on any exceptions to these provisions that are contained in Regulation E. All terms that are not defined in this Agreement but which are defined in Regulation E shall have the same meaning when used in this section.
· Your Liability. The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:
- If you notify the Bank within two (2) business days after your password was lost or stolen, your liability will not exceed $50.00 or the amount of the unauthorized EFTs that occur before notification, whichever is less
- If you fail to notify the Bank within two (2) business days after your password was lost or stolen, your liability will not exceed the lesser of $500.00 or the total of: • $50.00 or the amount of unauthorized EFTs that occur within the two (2) business days; and • the total of authorized EFTs which occur during the two (2) days before notification to the Bank, provided the Bank establishes that these EFTs would not have occurred had the Bank been notified within that two-day period.
- You must report an unauthorized EFT that appears on your periodic statement, no later than 60 days of transmittal of the statement to avoid liability for subsequent transfers. Your liability will not exceed the amount of the unauthorized EFTs that occurred with the 60-day period. You may also be liable for the amounts as described in sections 1 and 2 above.
- If the report is made orally, we will require that you send the complaint or question in writing within 20 business days. We will notify you with the results of the investigation within 10 business days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within 10 business days, we may not credit your account until the investigation is completed. If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are 20 business days (instead of 10) and 90 calendar days (instead of 45). If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation.
- You may notify the Bank by telephone, writing, or by email using the Message Center provided in our Online Banking site. Notification by general e-mail to report an unauthorized transaction is not secure and therefore not advised.
Telephone Numbers and Addresses. In case of errors or questions regarding Online Banking call (906) 932-7646 or write us at: Attn: Deposit Operations, Gogebic Range Bank, PO Box 39, Ironwood, MI 49938. We must hear from you at the telephone number or address, listed above, no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need: 1. Your name and account number 2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information 3. The dollar amount of the suspected error and date on which it occurred.
Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking. Unless otherwise required by applicable law, we are only responsible for performing the First Pay Banking and Bill Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence. We will not be liable to you in the following instances:
1. If through no fault of the Bank, you do not have enough money in your account to make the transfer.
2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken.
3. If there is a hold on your account, or if access to your account is blocked or locked, in accordance with banking policy.
4. If your funds are subject to a legal proceeding or other encumbrance restricting the transfer.
5. If your transfer authorization terminates by operation of law.
6. If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately.
7. If you have not properly followed the instructions on how to make a transfer included in this Agreement.
8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
9. If your operating system or software was not properly installed or function properly.
10. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
11. If there are any errors, damages, or other losses you may suffer from due to malfunction of misapplication of any system you use, including your browser, your Internet service provider, your personal financial management or other software (such as Quicken or Microsoft Money), or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with the Online Banking.
THE BANK MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING NETTELLER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.
A. Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an First Pay Banking or Bill Payment account.
B. Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Netscape (Netscape Navigator browser), Microsoft (Microsoft Explorer browser) or Mozilla (Mozilla Firefox browser), by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access a Gogebic Range Bank account.
C. Virus Protection. The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
XV. General Terms and Conditions
Bank Agreements. In addition to this Agreement, you and the Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Gogebic Range Bank Pay Banking Service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule contained in this Agreement. We will automatically deduct the fees related to this Service from your Bill Payment Account each month.
- Changes and Modifications. The Bank may modify the terms and conditions applicable to the Services from time to time. We may send any notice to you via e-mail and you will have to be deemed to have received it three days after it is sent. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
- Assignment. We may assign this Agreement to an affiliate of the Bank or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent.
- Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically.
- Disclosure of Information. We will only disclose information to third parties about your account or transfers you make under the following circumstances:
- where it is necessary for the provision of Online Banking and for completing transfers;
- in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
- in order to comply with government or court orders, or other reporting requirements;
- if you give us your permission;
- to the Bank affiliated companies.
- Governing Law. This Agreement is governed by the laws of the State of New Jersey and applicable federal law.
XVI: Alerts Terms and Conditions
Alerts. Your enrollment in Gogebic Range Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Gogebic Range Bank account(s). Alerts are provided within the following categories:
Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Alerts menu within Gogebic Range Bank Online Banking and Alerts menu within Gogebic Range Bank Mobile Banking.
Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Gogebic Range Bank reserves the right to terminate its Alerts service at any time without prior notice to you.
Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Gogebic Range Bank Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.
Alerts via Text Message. To stop Alerts via text message, text "STOP" to 99588 at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Gogebic Range Bank Online Banking and click the box next to your mobile number for the Alerts you'd like to receive again. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at (906) 932-7646. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
Limitations. Gogebic Range Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Gogebic Range Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Gogebic Range Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.
Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.
We will disclose information to third parties about your account or the transfers you make:
1. Where it is necessary for completing transfers
2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant
3. In order to comply with government agency or court orders
4. If you give us written permission
XVIII: Changes in Terms and Other Amendments
You agree to be bound by any amendments or modifications to this Agreement after notice has been sent to you by regular mail and/or electronic mail at your last known address contained in our records, which may include your e-mail address, or upon our posting of such notice in the lobby of our branch offices. Where prior notice of a change in terms is required by applicable law, we will send the notice to you within the required number of days in advance of the effective date of the change.