ELECTRONIC SERVICES AGREEMENT

 

 

 

This Agreement describes your rights and obligations as a user of the Online Banking service ("Services"). It also describes the rights and obligations of Kentucky Bank. Please read this Agreement carefully. By requesting and using this Service, you agree to comply with the terms and conditions of this Agreement.

 

Definitions

The following definitions apply in this Agreement. "Online Banking" is the Internet-based service providing access to your Kentucky Bank account(s); "Online Account" means any Kentucky Bank account from which you will be conducting transactions or for which you have access using a Service; and "Password" is the system-generated code sent to you by Kentucky Bank for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service. "Time of day" references are to Eastern Standard Time or Eastern Daylight Time, as applicable. "We," "us" or “our”, refer to Kentucky Bank which offers the Services and which holds the accounts accessed by the Services.

 

Access to Services

Kentucky Bank will provide instructions on how to use the Online Banking service. You will gain access to your Online Accounts through the use of your Internet-enabled device, your Internet Service Provider, your Access ID and Password.

 

Use of your Security Password

You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services.

 

If your statement shows transfers that you did not make

If your statement shows transfers that you did not make, notify Kentucky Bank within 60 days by calling 859-987-1795, 8:00 a.m. to 4:00 p.m. (Eastern Time), Monday through Friday or writing Kentucky Bank at:

 

Kentucky Bank

PO Box 157

Paris, KY 40361

 

Banking Transactions with Online Banking

In addition to viewing account information, you may use Online Banking to conduct the following transactions:

(1)Transfer funds among your checking accounts, savings accounts and money market accounts. NOTE: Because regulations require us to limit preauthorized transfers (including online transfers), the following limitations apply:

 

 (a) Money Market savings account. You can perform a total of no more than six transfers per statement period, including preauthorized or automatic transfers, or telephone or online transfers.  No more than three of the six allowed transfers can be made by check, draft or debit card.

 

(2) New services may be introduced for Online Banking from time to time. We 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, which will be made available to you concerning these services.

 

 

Liability for Software Problems

Kentucky Bank, nor any software supplier nor information provider are liable for any computer virus or software-related problems which may be attributable to software or the services provided in connection with the Online Banking Services.

 

Electronic Mail

If you send Kentucky Bank an electronic mail message, we will be deemed to have received it on the following business day. 

 

You should not rely on electronic mail if you need to communicate with us immediately - for example, 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.

 

You agree that we may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by us shall be considered received within three (3) days of the date sent by us, regardless of whether or not you sign on to the Service within that time frame.

 

Other agreements

In addition to this Agreement, you agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at Kentucky Bank 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 at the end of this Agreement.  We will automatically deduct the fees related to this Service from your designated Account each month.

 

Hours of Operation

The Services are available 24 hours a day, seven days a week, except during special maintenance periods. For purposes of transactions, Kentucky Bank's business days are Monday through Friday, excluding holidays.  All Online Banking transaction requests received after 2:00 p.m. on business days and all transactions which are requested on Saturdays, Sundays or holidays on which Kentucky Bank chooses to remain closed, will be processed on the next  business day. Kentucky Bank's business day begins at 8:30 a.m.

 

Modifications to this Agreement

Kentucky Bank may modify the terms and conditions applicable to this Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records and the revised terms and conditions shall be effective at the earliest date allowed by applicable law.  We may send any notice to you via electronic mail and you will be deemed to have received it three days after it is sent.  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.

 

Statements

You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.

 

Our liability for failure to make a transfer

If we do not properly 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 the amount of any losses or damages incurred by you and resulting directly from such failure. We will not be liable in the following instances:

 

(1) If through no fault of Kentucky 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, in accordance with banking policy.

(4) If your funds are subject to legal process 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 us immediately.

(7) If you have not properly followed the scheduling 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 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.

 

 

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.

 

If any of the circumstances listed in subparagraph 2 or 8 above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

 

Inactivity; Termination

You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your electronic banking privileges under this Agreement without notice to you if you do not pay any fee required by this Agreement when due or if 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.

 

We may convert your account to inactive(dormant) 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 dormant, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

 

To cancel the Online Banking service, you must notify Kentucky Bank and provide your name; address; whether you are discontinuing Online Banking; and the effective date to stop the service. You may notify Kentucky Bank by one of the following methods:

 

1) By sending an e-mail to customerservice@kybank.com

2) By calling 1-859-987-1795, 8:30 a.m. to 4:00, Monday through Friday

3) By writing a letter and sending it to the following address:

 
                                                                        Kentucky Bank

            PO Box 157

Paris, KY 40361