This Agreement explains the terms and conditions for accessing accounts and conducting transactions at South Central Bank (“Institution”, “we”, “us” and “our”) via our Online Banking site(s) (“Online Banking”). As used in this Agreement, the terms “you” and “your” refer to each person signing an Online Banking Enrollment Form.
Benefits of Online Banking
Through Online Banking, you can manage eligible accounts from your home or office on a personal computer. Online Banking can be used to conduct any of the following “Online Financial Services”:
Obtain balances and transaction histories on all eligible accounts enrolled in Online Banking (All account balances and transaction histories reflect activity through the close of the previous banking day); Transfer money between eligible accounts (Each transfer through Online Banking from a savings or money market account is counted as one of the six limited transactions permitted each statement cycle, as described in the applicable account agreement. In addition, if a hold is placed on any funds deposited in an eligible account, you may not transfer the portion of funds being held until that hold expires); transfer money to pay South Central Bank for consumer loans, home equity loans, or certain other eligible loans; and pay bills to any merchant, financial institution or an individual with a U.S. address. (You may transfer funds to and from designated South Central Bank Deposit Accounts that are related through the same registration and are eligible for such transfer in accordance with the rules applicable to such Deposit Account and this Agreement. You must be an owner of and have the unrestricted right of withdrawal from all accounts to or from which you request a transfer. Transfers are not allowed to or from certificates of deposit or from any account for which monthly statements are not provided.)
South Central Bank may, from time to time, introduce new Online Financial Services. By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.
External Transfer Service – TransferNow
You may separately enroll to transfer funds between your South Central Bank Inc. checking and savings and other Financial Institution account(s). You may also transfer from other Financial Institution accounts to your South Central Bank Loan account(s). You must be the sole owner or joint owner of the South Central Bank account(s) and the other Financial Institution account(s). You will be notified if we are unable to verify your ownership of an account. By enrolling account(s) from other Financial Institutions you authorize the account holding institution to disclose to us any information we require about you or other Financial Institution account(s). Transfer limits are predefined in the system. Inbound or Outbound transfers are available. Standard Transfer (three business day transfer) Next-Day Transfer (next business day transfer). This service is available to customers pending financial institution qualifications. Cut-off times for next-day and standard transfers are 12:00 AM CT. Any transfer made after the cut-off time will be submitted the next Business Day. Return Item Fees will be assessed for External Transfer transaction returns. Please refer to the Schedule of Fees. Please be advised all funds transfers are subject to your financial institution’s rules and regulations governing your accounts such as savings, custodial, trust, IRA, loan or margin accounts. South Central Bank Inc. is not liable or responsible for any costs or losses incurred as a result of the funds transfer requests from and to such accounts submitted by you.
Account Alerts Service
The alerts service allows you to receive various types of alerts concerning the Accounts that you select via email and/or text message to your wireless device and where applicable, notification methods available within the South Central Bank mobile app. You are responsible for providing accurate contact information to receive alerts. To cancel alerts you may visit the South Central Bank website and log into the online banking system. You should safeguard your wireless device as well as your User ID and Password against theft and loss. South Central Bank has no liability to you or any other person in connection with any such messages you choose to save on your wireless device or in connection with any theft or loss unless said theft or loss is solely caused by South Central Bank. If your device is lost or stolen, report it immediately to your wireless provider.
Security & Protecting Your Account
We are strongly committed to protecting the security and confidentiality of our customer’s accounts information. We use several techniques to help secure our Online Banking service, including the following:
You can only access South Central Bank with certain browsers that have a high security standard.
You must have a valid User ID and personal identification number (“password”) to logon.
If no action is taken for 10 minutes, you will be automatically logged off the Online Banking service.
To access Online Financial Services you must have a Microsoft, Netscape or compatible web browser and 128-bit data encryption. To obtain free copies of this software, visit www.microsoft.com or www.netscape.com. Neither nor any of its representatives shall ever ask for a customer password or PIN number.
In addition to compatible software, you must have a User ID and Password.
Your password will give you access to South Central Bank accounts via Online Banking. South Central Bank is entitled to act on any instructions it receives using your password. For security purposes, it is recommended that you memorize your password and do not write it down. We also recommend that you change your password regularly to try and avoid misappropriation by a third party. Your password can be changed at our Online Banking site. You are responsible for keeping your password and account data confidential. When you give someone your password, you are authorizing that person to use Online Banking and the Online Financial Services. You are responsible for all transactions performed using your password, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your password will be charged against your account(s).
You can usually access Online Financial Services seven (7) days a week, twenty-four (24) hours a day. However, at certain times, some or all of Online Banking or Online Financial Services may not be available due to system maintenance or reasons beyond South Central Bank’s control. South Central Bank does not warrant that Online Banking or Online Financial Services will be available at all times. An Online Financial Service transaction initiated prior to 4:30 pm (CT) on a banking day is posted to your account the same day. All transfers completed after 4:30 pm (CT) or on a non-banking day, will be posted the following banking day.
You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the Online Banking or Online Financial Services. You may not gain, or attempt to gain, access to any Online Banking and/or Online Financial Service server, network or data not specifically permitted to you by South Central Bank or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with South Central Bank or its suppliers.
Stop Payment Services
The Customer acknowledges that the Stop Payment feature of the Services is an alternate entry system for issuing Stop Payment Orders. When utilizing this feature, customer warrants that the information describing the check or draft, including the check or scheduled transfer date, its exact amount, the check number and payee, is correct. Customer acknowledges that the exact amount of the check or draft is required, and if the incorrect amount or any other incorrect information is provided, the Bank will not be responsible for failing to stop payment on the item. Customer agrees that the Stop Order must be received by the Bank within a reasonable time for the Bank to act on the order prior to final payment of the check, or if an ACH/EFT transfer, at least three (3) business days preceding the scheduled date of the pre-authorized ACH/EFT. A Stop Payment Order received by the Bank for a check or draft using this service, will be effective for six (6) months only, and will expire automatically at that time, without further notice, unless specifically renewed prior to expiration. A Stop Payment Order received by the Bank for a recurring ACH payment may be placed for longer than six (6) months if so specified. For all stop payments initiated online, customer must come into the bank’s customer service department and sign a stop payment or return stop pay notice with signature require within 14 days. Failure to sign the form will result in cancellation of the stop payment after the 14th day.
Bill Payment Service
The Bill Payment service allows you to schedule bill payments through Online Banking. South Central Bank does not provide the service directly. Instead, South Central Bank entered into an agreement with the bill payment provider CheckFree to provide the bill payment services directly to you. Subject to any regulatory or Institution-imposed limitations on usage, you can arrange, at your option, for the payment of your current, future and recurring bills from a checking account . There is no limit to the number of payments that may be authorized and you may pay any merchant or individual approved by the bill payment provider, however, the amount of any individual payment may not exceed $99,999. While you initiate payments electronically, they are ultimately paid via an automated clearinghouse (ACH) network or by a paper check. Payments delivered over an ACH network are governed by the rules and performance standards of that network.
By furnishing the names of your payees/merchants and their addresses, you authorize South Central Bank and its bill payment provider to follow the payment instructions you provide for those payees/merchants. When payment instructions are received, funds will be remitted from the selected account, to the appropriate payee on your behalf on the day that you request (“Payment Date”). However, there is no obligation to make requested payments unless your account and/or overdraft protection plan has sufficient funds or credit availability to pay the bill as of the Payment Date. Funds for bill payments will be withdrawn from your account on the applicable Payment Date. A bill payment account (“Bill Payment Account”), separate from any account you hold at South Central Bank, is established at the Bill Payment provider. When the Bill Payment provider receives notification of any return item, such as NSF or Account Closed, a block is placed on the Bill Payment Account for a minimum of five (5) business days. This prevents you from initiating any additional payments through the Bill Payment Account or from having any recurring or future dated payments made until the original return item has been paid. You may stop or change any scheduled payment, but you must do so prior to the scheduled process date. The bill payment provider is obligated to pay any late fees incurred by you because of late payments so long as you allow ten (10) business days for payments by check and at least four (4) business days for electronic payments.
South Central Bank and its Bill Payment provider reserve the right, at their discretion, to implement security features to reduce risk of loss. These may include requiring pre-authorized drafts, verifying funds through an ATM network, and separating debits from credits so that payments are not sent until after good funds are received. South Central Bank and its Bill Payment provider also reserve the right to terminate your use of Bill Payment services at any time.
If you are denied access to Bill Pay six (6) or more times in any 12-month period due to an insufficient fund situation, the Bill Pay Service will or may be terminated. If a debit transaction to cover the bill payment is resent and such is again rejected due to insufficient available funds, each such resent and rejected transaction is counted as one of the six. Online Banking without Bill Pay will continue subject to the Terms and Conditions Agreement.
If, for any reason, you should ever wish to cancel Online Banking, we strongly suggest that you cancel all future bill payments at the same time. This will ensure that future payments and transfers made by you will not be duplicated. We will automatically delete any outstanding payment orders (all individual payments and all recurring payments) once we have been notified that your Bill Payment service has been terminated. We will continue to maintain your accounts until you notify us otherwise.
Neither South Central Bank nor its suppliers will be liable for any transaction if: (i) you do not have enough money in your account to complete the transaction; (ii) a legal order prohibit withdrawals from your account; (iii) your account is closed or has been frozen; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with Online Banking or Online Financial Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide us with complete and correct payment or transfer information; (viii) you did not properly follow the instructions for use of Online Banking or Online Financial Services; (ix) you knew that Online Banking and/or the Online Financial Services were not operating properly at the time you initiated the transaction or payment; (xi) there is postal delay; or (xi) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.
Fees and Charges
Payments to South Central Bank accounts and transfers between your South Central Bank accounts are free of charge for personal and business customers. Payments through the Bill Pay or to non-South Central Bank accounts are also free of charge for personal customers. In the event your payment account has insufficient funds to cover any fees, South Central Bank may deduct the fees from any other account you have at South Central Bank in any order it chooses. If you close the designated payment account, you must notify South Central Bank and identify a new payment account for the selected Online Financial Services. Additionally, if you close all South Central Bank accounts, you must notify South Central Bank and cease all use of the Online Financial Services. If fees cannot be collected from any of your accounts, South Central Bank may cancel all or some of your Online Financial Services. After cancellation, South Central Bank may reinstate some or all of the Online Financial Services, at its discretion, if you deposit sufficient funds in your account(s) to cover any accrued fees and pending transfers or debits. You are solely responsible for any telephone or Internet service provider charges incurred when using the Online Financial Services.
You should notify us immediately if you believe anyone has improperly obtained your password or if you suspect any fraudulent activity in your account(s). If your password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. If you do not tell us within the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us, or the bill payment provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays.
When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, after we hear from you. However, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If we confirm an error, we will correct your account record within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation.
Electronic Mail (E-mail)
Sending e-mail is a very good way to communicate with South Central Bank regarding your accounts or the Online Financial Services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you SHOULD NOT INCLUDE confidential information, such as account numbers and balances in any e-mail to South Central Bank. You cannot use e-mail to initiate Online Financial Service transactions. All such transactions must be initiated using the appropriate functions within the Online Banking site. South Central Bank will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
Links to other Sites
Information that South Central Bank publishes on the World Wide Web may contain links to other sites and third parties may establish links to South Central Bank’s site. South Central Bank makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, South Central Bank does not endorse the products or services offered by any company or person linked to this site nor is South Central Bank responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.
South Central Bank is not responsible for any electronic virus that you may encounter using the Online Fund Services. We encourage you to routinely scan your computer and diskettes using reliable virus protection product to detect and remove viruses. If undetected and not repaired, a virus can corrupt and destroy your programs, files and hardware.
Damages and Warranties
In addition to the terms previously disclosed, South Central Bank is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by Online Banking or the use of the Online Financial Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by South Central Bank or one of its suppliers. In addition, South Central Bank disclaims any responsibility for any electronic virus Customer may encounter after installation of such software or use of Online Banking or the Online Financial Services. Without limiting the foregoing, neither South Central Bank nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Online, communication lines, postal system or ACH network. South Central Bank and its suppliers provide Online Banking and the Online Financial Services from their own sites and they make no representation or warranty that any information, material or functions included in Online Banking or the Online Financial Services are appropriate for use by you in your jurisdiction. If you choose to use Online Banking and/or the Online Financial Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither South Central Bank nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Online Banking, the Online Financial Services, or contained in any third party sites linked to or from South Central Bank’s web site. South Central Bank MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ONLINE BANKING, ONLINE FINANCIAL SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. South Central Bank DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
Customer shall indemnify, defend and hold harmless South Central Bank and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer’s negligence; (ii) Customer’s failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this Agreement.
Due to the likelihood of irreparable injury, South Central Bank shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.
Termination and Changes in Terms
South Central Bank reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the address shown in our records; and/or 3) update of our web site.
Applicable Rules, Laws, and Regulations
You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Kentucky, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Barren County, Kentucky, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses.
South Central Bank may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and South Central Bank.
If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and South Central Bank, this Agreement will control.
South Central Bank shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by South Central Bank of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.