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
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.
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:
PO Box 157
Paris, KY 40361