Service Agreement

Service Agreement

This is the agreement for Summit Bank of Kansas City Online Banking Services, and it includes certain disclosures for electronic fund transfers. This agreement is in addition to other agreements between Summit Bank of Kansas City and you, including but not limited to, your checking, savings, and other deposit account agreements, your credit card agreements, your overdraft protection and loan and line of credit agreements as each may be modified from time to time. If there is a conflict between the terms and conditions of this agreement and one contained in the other agreements between you and us, this agreement will control.

General Terms.
In this agreement, the words “we,” “us” or “our” mean Summit Bank of Kansas City as appropriate and their successors or assigns. When we use the words “you” or “your” we mean each person who has an interest in an account or other relationship which is accessible through the Summit Bank of Kansas City Online Banking Services and any person authorized such access. Summit Bank of Kansas City Online Banking Services (“Services”) means information, communication and transactions provided to you by us through any remote channel, including the Summit Bank of Kansas City website, within our Areas of Service, including, but not limited to, the following: Account Information, Funds Transfers and Bill Payments, stop payments and check inquiry for account(s) established at Summit Bank of Kansas City.

Each time you use our Services or you permit any other person to use our Services, you are agreeing to the terms and conditions that we have set out in this agreement, as amended, and each amendment thereto from time to time by us. Each time you use our Services or you permit any other person to use our Services, you are agreeing to the terms and conditions of any instructional material, which we provide to you regarding the Services. And, each time you use our Services or you permit any other person to use our Services, you are acknowledging receipt and understanding of this disclosure.

When any payment or other online service generates items to be charged to your account, you agree that we may debit your designated Eligible account or the account on which the item is drawn without requiring your signature on the item and without prior notice to you. Any transactions resulting from your instructions which we receive under your password shall be deemed to have been “in writing” and authenticated by you “in writing.” All records maintained by us of transactions under your password shall be deemed to have been “signed” and to constitute an “original” when printed from records established and maintained by us or our authorized agent in the normal course of business. You agree not to contest the authorization for, or validity or enforceability of, the records and “signed” documents, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files or records are to be in writing or signed by the party to be bound thereby. Records and “signed” documents, if introduced as evidence on paper in any judicial or other proceedings, will be admissible to the same extent and under the same conditions as other documentary business records. Upon our written request, you agree to manually sign or place your signature on any paper original of any record or “signed” document which we provide to you containing your purported signature.

Your use of the Services may be made by use of certain numbers, codes, marks, signs, public keys or other means of establishing your identity and acceptance of the electronic communications, which are acceptable to us.

Equipment and Software
Personal computer and modem (or network Internet connection) (collectively “Equipment”) are required to access the Services: Peripherals; Internet access via modem or network; Browser commercially available Internet browser with 128-bit encryption (most recent versions of Internet Explorer, Google Chrome, Mozilla Firefox or Apple Safari are compatible; contact the bank to verify.)

If you access the Services by use of a personal computer, you agree: (1) to use a commercially available Internet Browser at the recommended version, with at least 128-bit encryption (Software); (2) the Software, and any future supported upgrades, must be loaded and operational on your personal computer and you must use a modem or network to access the Services through the designated interface Equipment and Software; and (3) as this service becomes available to receive account information by electronic transmission of a visual display of the text. You may request a paper copy of electronic notices required by federal regulations within 60 days of the availability of the electronic disclosure. Any other software used by you in the future to access our system, if supported by us, will be provided and maintained by you at your expense.

Liability for Loss
EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NEITHER WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR THE SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR DAMAGES, ERROR, LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY THE EQUIPMENT, SOFTWARE, US, OR BY INTERNET BROWSER PROVIDERS (SUCH AS INTERNET EXPLORER, GOOGLE CHROME, OR FIREFOX BROWSERS) OR BY INTERNET ACCESS PROVIDERS OR BY ONLINE SERVICE PROVIDERS OR BY AN AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING NOR SHALL WE OR THE SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, THE ONLINE BANKING SERVICES, INTERNET BROWSER, ACCESS SOFTWARE, THIS AGREEMENT, THE UNAVAILABILITY OF ONLINE BANKING SERVICE OR ANY ERRORS IN INFORMATION PROVIDED THROUGH THIS SERVICE, EVEN IF WE OR A SERVICE PROVIDER HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY THEREOF, EXCEPT AS LIMITED BY APPLICABLE LAW. THE MAXIMUM AGGREGATE LIABILITY OF US FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION, SHALL BE THE LESSER OF THE AMOUNT YOU ORIGINALLY PAID FOR THE SERVICE, PRODUCTS OR MATERIALS OR ONE HUNDRED U.S. DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

Account Access
To have access to the Services, you must be an authorized user of the Software you select. You must also have at least one eligible personal deposit or one non-personal deposit account with us. Only authorized persons can enroll in Online Banking. The bank reserves the right to deny application for Online Banking. Once enrolled, that person may have access to or “link” any other bank account in which they are the primary SSN or TIN. No other person will have access to your bank account information unless you choose to give them your user ID and password. If you choose to give your Online Banking user ID and password to another person, that person will also have access to all other accounts that you have linked. If you wish to “unlink” accounts, you must notify the bank in writing and request that this be done. Accounts which are “linked” under the Services will have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account. Any non-linked account will not be accessible through the Service unless you are the signee on the account, and you request that it be linked. A personal or non-personal account that requires two or more signatures to make withdrawals, transfers or transactions may not be designated as an eligible account. Each payment or transfer from your Money Market checking account is counted as one of the six transfers you are permitted each statement period.

Eligible accounts include the following personal or non-personal account types that may be linked: checking, money market, savings and time deposits, loans and lines of credit. Money Market and Savings accounts are limited to a total of six restricted transactions per month. Federal regulations limit some types of transactions to six per month. These restricted transactions include telephone transfers, Online Banking transfers, pre-authorized debits, and automated clearinghouse debits. Certificates of Deposit are time deposits whereby early withdrawals may result in the assessment of penalties. Therefore, only balance and interest information is available online for these types of accounts. Accessibility of eligible accounts may vary based on the service(s) you use.

Access Code (referred to as “access codes”).
Use of these Access Codes is the agreed security procedure to access the Services through the Internet. You agree to keep these numbers and codes confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of the Services. For security purposes we recommend that you do not use the same Access Codes you use on other bank products. You may change your password at any time through the Services. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize these online Access Codes and do not write them down. You are responsible for keeping your Access Codes and account data confidential. You will be asked to provide certain information about yourself or the account in order to identify yourself when you call for telephone support.

Liability for Multiple Users of your Account
YOU HEREBY RELEASE US FROM ANY LIABILITY AND AGREE NOT TO MAKE ANY CLAIM OR BRING ANY ACTION AGAINST US FOR HONORING OR ALLOWING ANY ACTIONS OR TRANSACTIONS WHERE YOU HAVE AUTHORIZED THE PERSON PERFORMING THE ACTION OR TRANSACTION TO USE YOUR ACCOUNT(S) AND/OR YOU HAVE GIVEN YOUR ACCESS CODES TO SUCH PERSON, OR IN THE CASE OF A JOINTLY HELD ACCOUNT SUCH PERSON IS ONE OF THE OWNERS OF THE ACCOUNT. YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) ARISING FROM ANY SUCH CLAIMS OR ACTIONS.

Available Services
Depending upon the particular features and the Equipment you select, you may be allowed access to the following Services by first entering your Customer ID and Password. Once validated on the Online Banking System, there is no additional sign-on required to access the specific services.

A. Online Banking Account Information
You may obtain account balance(s) and debit and credit transaction information, including ATM/debit card transactions, and other certain information about your eligible account(s) at the Summit Bank of Kansas City Online Banking site. The system will retain six months of transaction history, including the transactions for the current statement cycle, starting from the date your enrollment was processed. Account balances reported on the Online Banking Service are not live, real-time balances. Balances are updated nightly after each business day’s processing, and again at 1:00 p.m. local time with memo-posted transactions on each business day. Transactions processed between updates will not be available until after each day’s processing is completed, which takes place at the end of each business day.

B. Summit Bank of Kansas City Online Banking Funds Transfers
You may use your computer to transfer funds to and from any of your eligible Summit Bank of Kansas City account(s). You may transfer amounts up to the available balances reported on deposit accounts, plus any amount you may have available under an overdraft line of credit associated with that deposit account. Summit Bank of Kansas City’s Funds Transfer cut off time is 6:00 p.m. local time. Transfers made after 6:00 p.m. local time will be processed on the next business day. Funds Transfers that have been completed cannot be canceled. A reverse transaction must be processed. When viewing transaction details, please note that the time stamp indicated is Eastern Time.

C. Summit Bank of Kansas City Online Banking Account Information Download
You may download your eligible Summit Bank of Kansas City account(s) information into your Quicken or Money software, or you may export a comma-separated file which can be imported into other applications accepting a *csv file format.

D. Summit Bank of Kansas City Online Banking Stop Payment Service
The Stop Payment Service allows you to request a stop payment on a check issued on your Eligible Account(s) by submitting the required information to us via the Service. You may not stop payment on any ACH/EFT transaction, including point-of-sale ACH/EFT transactions; any cashier’s check; certified check or other official institution check purchased from Summit Bank of Kansas City; and any check which Summit Bank of Kansas City has guaranteed. We may not immediately receive your stop payment request via the Service. Therefore you should not rely on the Service if you need to communicate with us immediately. Summit Bank of Kansas City will not take action based on your request until it is actually received and until we have had a reasonable opportunity to act. Summit Bank of Kansas City can only act to stop payments on orders that describe the item to be stopped with reasonable certainty and at a time that affords Summit Bank of Kansas City reasonable opportunity to act on it before any action by Summit Bank of Kansas City with respect to the item to be stopped. Renewals and revocations of stop payment orders must be placed in writing. All stop payment orders will be subject to our current policy on stop payment orders. You may be asked to submit written authorization to document your online request for a stop payment. If we require such written authorization, then we must receive this authorization within fourteen (14) days of the request or the stop payment will lapse.

Duration
A stop payment order against a check is effective only against the check that is described in the stop payment request form and does not cancel or revoke the authorization for future checks written to the same payee. A stop payment order is effective for six (6) months only and will expire automatically at that time unless specifically renewed in writing prior to expiration. A stop payment order may be renewed for additional six-month periods.

Standing Authorization for Stop Payment Order
I hereby order Summit Bank of Kansas City to stop payment on the check(s) described in any stop payment request initiated via the Service. I warrant that the information describing the check(s), including the check date, it’s exact amount, the check number and payee is correct. I understand that if I give you any incorrect information, Summit Bank of Kansas City will not be responsible for failing to stop payment on the check(s). I agree that unless my stop payment order is received by Summit Bank of Kansas City within a reasonable time for Summit Bank of Kansas City to act on my order prior to final payment of the check(s), Summit Bank of Kansas City will not be responsible for stopping payment on the check(s). I understand that Summit Bank of Kansas City shall not be responsible for failure to stop payment on a check if action has already been taken to pay the check. I also agree to notify Summit Bank of Kansas City promptly upon the issuance of any duplicate check that replaces the check subject to this order, or upon return of the original check.

E. Summit Bank of Kansas City Online Banking Bill Pay
You may use Summit Bank of Kansas City Bill Pay to make current, future and recurring payments from an eligible Summit Bank of Kansas City designated account.

F. Summit Bank of Kansas City Mobile Deposit

The remote deposit capture services (“Mobile Deposit” or “Services”) are designed to allow you to make deposits to your checking, money market checking or savings accounts from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to Summit Bank of Kansas City (the Bank) or the Bank’s designated processor. The device must capture an image of the front and back of each check to be deposited in accordance with the Procedures; must read and capture the magnetic ink character recognition (“MCIR”) line on each check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment. The Bank offers the benefits and convenience of the Services to you for a nominal fee of $.50 per check, per deposit. The Bank reserves the right to eliminate fees for the Services in the future.

Hardware and Software requirements:

You must have a Mobile Device that is acceptable to us and a wireless plan from a compatible mobile wireless provider. You must also use the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify. We and/or our service provider(s) may change these specifications and/or requirements from time to time. The Bank is not responsible for any third-party software you may need to use the Services. You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements.    Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the Service. You must install and test your Mobile Device, your system, and any other required hardware and software before you make your first deposit through the Service. You accept any such software “as is” and subject to the terms and conditions of the software agreement that you enter into directly with the third-party software provider at the time of download and installation.  We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the Service, e-mail or the Internet.  You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

Receipt of Items:

We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from the Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.

Availability of Funds

You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 7:00pm CST on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available in three business days from the day of deposit. The Bank may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as the Bank, in its sole discretion, deems relevant.

Deposit Limits:

The Bank reserves the right to establish and assign to you deposit limits for the Service (including limits on the dollar amount and/or number of Checks that you may transmit through the Service each day) and to modify such limits from time to time in the Bank’s sole discretion, and you agree to comply with all such limits.  Our current daily deposit limit is $2,500 per day.

Fees and Charges:

The Bank offers the benefits and convenience of the Services to you for a nominal fee of $.50 per check, per deposit. The Bank reserves the right to eliminate fees for the Services in the future. Standard data and message fees may apply.

Endorsements and Procedures:

You agree to restrictively endorse any item transmitted through the Services as “FOR MOBILE DEPOSIT ONLY, your endorsement” Your endorsement must match the payee’s name on the “pay to the order” line exactly or as otherwise instructed by the Bank. You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time. Endorsements must be made on the back of the share draft or check within 1½ inches from the top edge, although we may accept endorsements outside this space. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a check payable to you and any joint owner(s) of your Bank account, the check must be endorsed by all such payees and you may only use Mobile Deposit to deposit such check into a Bank account jointly owned by all such payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your Bank account using the Services. And, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to the Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for the Bank’s audit purposes.

Check requirements (including image quality):

The image of an item transmitted to the Bank using the Services must be legible and contain images of the front and back of the Check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the Check image: the amount of the Check (both written and numeric); the payee; the signature of the drawer (maker); the date; the Check number; the information identifying the drawer and the paying financial institution that is preprinted on the Check including the MICR line; and all other information placed on the Check prior to the time of an image of the Check is captured (such as any required identification written on the front of the Check and any endorsements applied to the back of the Check).

Storage, security and destruction/disposal of the checks:

After you receive confirmation that we have received an image, you must securely store the original Check for 14 days after transmission to us and make the original Check accessible to us at our request. Upon our request from time to time, you will deliver to us within two Business Days, at your expense, the requested original Check in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after the 14-day retention period expires, you must destroy the original Check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the original Check, the image will be the sole evidence of the original Check. You agree that you will never re-present the original Check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.

Presenting checks more than once:

Once you have used the Service to deposit a Check you agree not to present, or allow anyone else to present, that original Check or a substitute check of that original Check again for deposit through the Service or by any other means. If you or anyone else present a Check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such Check or substitute check.  You agree that we may debit from your Bank account the aggregate amount of any Checks that that are deposited more than once.  To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your account(s) with the Bank in our sole discretion.

Your Authentication method:

You agree that we are entitled to act upon instructions we receive with respect to the Service under your user ID, password, test key or other code or authentication method that we require (these components are referred to herein collectively as your “Authentication Method”). You are liable for all transactions made or authorized with the use of your Authentication Method. We have no responsibility for establishing the identity of any person who uses your Authentication Method. You agree that if you give any component of your Authentication Method to anyone or fail to safeguard its secrecy, you will be in violation of your obligations under your Bank Account Agreement and this Agreement. You agree to take appropriate steps to ensure that all components of your Authentication Method are protected and kept confidential.  You agree to indemnify and release us from any and all liability, and agree not to make any claim or bring any action against us, relating to our honoring or allowing any actions or transactions that are conducted under your Authentication Method or acting upon instructions, messages or authorizations provided to us using your Authentication Method.  By accessing the Service with your Authentication Method, you authorize us to complete the requested transaction(s) through the Service. Any requests or instructions we receive from you through the Service using your Authentication Method shall be considered “in writing” under all applicable law and shall have the same force and legal effect as a writing signed by you. This includes, but is not limited to, inquiries, deposit transactions, Checks deposited, Check images, changes to accounts or services or any other communication you provide us through the Service using your Authentication Method.

Rejection of deposits:

After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks.  The provisional credit is subject to final payment of the Checks and is also subject to your Bank Account Agreement.    You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against the Bank relating to such deposits.  The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection.  If we reject a Check for remote deposit, you must physically deposit the original Check.

Unpaid checks:

Should you fail to produce the original check, you authorize us to deduct that amount from your account.  You are solely responsible for verifying that Checks that you deposit by using the Service have been received and accepted for deposit by the Bank.  The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you.   In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned.   You understand and agree, that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account.  You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or a substitute check.  You may not use the Service to deposit a substitute check and you may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check.  You agree to comply with any additional instructions we may provide to you in connection with returned Checks

Duty to report errors:

The Bank will provide you with periodic statements that will identify the deposits that you make through the Service.  In addition, you may access the Bank’s Online Banking service for information about your deposits, return items, deposit adjustments, Checks and other transactions on your accounts.  You agree that it is your responsibility to review all such information that the Bank makes available to you in a timely manner to verify that deposits made through the Service have been received and accepted by the Bank and are accurate. Receipt of a Check by the Bank through the Service does not constitute an acknowledgement by the Bank that the Check is error-free or that we will be liable for the Check.   You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in your Bank Account Agreement.  You may notify us by e-mailing us at ebank@summitbankofkc.com, or writing to Summit Bank of Kansas City, 1650 NE Grand, Suite 100, Lee’s Summit, MO 64086 or telephoning us at 816-251-9000.   You agree to cooperate in any investigation by the Bank of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify the Bank of any error, omission or other discrepancy in accordance with this Agreement and your Bank Account Agreement shall relieve the Bank of any liability for such error, omission or discrepancy.

Availability of service/Contingency:

In the event you are unable to capture, balance, process, produce or transmit a file to the Bank, or otherwise comply with the terms or the Procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport or mail the originals of all checks to the Bank. The deposit of original checks at an office of the Bank shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement.

Data security:

You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone at 816-251-9000 and with written notice at Summit Bank of Kansas City, 1650 NE Grand, Suite 100, Lee’s Summit, MO 64086, if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original Checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.

Cooperation with Investigations:

You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.

E-Mail
Through the use of certain Equipment and/or Software, you can use electronic mail (“e-mail”) to contact us about inquiries, maintenance and/or problem resolution issues. E-mail is not a secure method of communication over the Internet, and we recommend you do not send confidential information by e-mail. We will use reasonable efforts to contact you within 24 hours or the next business day. These responses are considered received, regardless of whether the customer has logged on and read them. You should never use unsecured Internet e-mail to initiate a transaction against your account.

Summit Bank of Kansas City Online Banking Service Fee
Once you are an enrolled user of the Summit Bank of Kansas City’s Online Banking Services, you may be charged the applicable Monthly Fee and/or Usage Fee whether or not you use the Services (please see the Summit Bank of Kansas City Online Banking Fee Schedule.) You authorize us to automatically deduct all applicable charges and fees from your eligible Summit Bank of Kansas City account. You may also be charged additional fees that may be assessed by your Internet Service Provider, and you may be assessed additional fees by your telephone company.

If you do not use this service for any three-month period, we reserve the right to discontinue your service without notice to you. To the extent permitted by law, you give us the right to set off any of your money or property which may be in our possession against any amount owed to us under this agreement. This right of set off does not extend to any Keogh, IRA account, or similar tax-deferred deposit.

Reporting Unauthorized Transactions
If you believe that an unauthorized transaction has been or may be conducted from one of your eligible personal or non-personal Summit Bank of Kansas City accounts without your permission, call (816) 251-9000 or write 1650 NE Grand Avenue, Suite 100, Lee’s Summit, MO 64086. If you do not report unauthorized transactions that appear on any of your periodic statements within 60 days after such statements are mailed or electronically transmitted to you, you risk unlimited losses on transactions made after the 60 day period if we can prove that we could have prevented the unauthorized use had we been notified within this 60-day period.

To report an error or an unauthorized transaction you must provide us with the following information:

  • Tell us your name and account number(s.)
  • Describe the suspected error or the nature of the problem, or describe what information you need.
  • Tell us the dollar amount of the suspected error.

CONSUMER CUSTOMERS: 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 us 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. 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 that we used in our investigation.

Business Days
Our business days are Monday through Friday, except Federal bank holidays and state holidays that may be observed.

Hours of Operation
Although electronic Bill Payment transactions can be processed only on business days, you can use your Equipment to send us e-mail 24 hours a day, seven days a week, except during any scheduled maintenance periods.

YOUR RESPONSIBLITY
You are responsible for all Bill Payment you authorize using the services. If you permit other persons to use the Service or your Access Codes, you are responsible for any transactions they authorize from your eligible personal or non-personal Summit Bank of Kansas City deposit accounts. Tell us AT ONCE if you believe your Access Code has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit.) If you tell us within two business days after your reasonable discovery of the loss or theft, you can lose no more than $500 if someone used your Access Code without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Access Code, and we can reasonably prove we could have stopped someone from using your Access Code without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get any money you lost after the 60 days if we could have stopped someone from taking the money if you had told us in time. If you believe your Access Code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (816) 251-9000 or write to us at 1650 NE Grand Avenue, Suite 100, Lee’s Summit, MO 64086.

Your use of the Services under an eligible deposit account is your agreement to assume all risks and losses associated with the disclosure of your Access Codes to your employees or other persons. You agree to limit disclosure of your Access Codes to those employees and other persons you authorize to use the Services. YOU HEREBY RELEASE US FROM ANY LIABILITY AND AGREE NOT TO MAKE ANY CLAIM OR BRING ANY ACTION AGAINST US FOR HONORING OR ALLOWING ANY ACTIONS OR TRANSACTIONS WHERE YOU HAVE AUTHORIZED THE PERSON PERFORMING THE ACTION OR TRANSACTION TO USE YOUR ACCOUNT(S) AND/OR YOU HAVE GIVEN YOUR PASSWORD TO SUCH PERSON. YOU AGREE TO INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) ARISING FROM ANY SUCH CLAIMS OR ACTIONS.

Liability for Fund Transfers and Bill Payments
We, or a third party acting as our agent, are responsible for completing fund transfers and Bill Payments from your personal accounts(s) on time according to your properly entered and transmitted instructions.

HOWEVER, NEITHER WE NOR THE SERVICE PROVIDER WILL BE LIABLE:

  • IF YOU DO NOT HAVE ADEQUATE MONEY IN A DEPOSIT ACCOUNT TO COMPLETE A TRANSACTION FROM THE ACCOUNT, OR IF THAT ACCOUNT HAS BEEN CLOSED OR FROZEN;
  • IF THE TRANSFER WOULD CAUSE YOUR BALANCE TO GO OVER THE CREDIT LIMIT FOR ANY CREDIT ARRANGEMENT SET UP TO COVER OVERDRAFTS;
  • IF YOU HAVE NOT PROPERLY FOLLOWED SOFTWARE OR SERVICE INSTRUCTIONS ON HOW TO MAKE A TRANSFER;
  • IF YOU ATTEMPT TO TRANSFER FUNDS BETWEEN ACCOUNTS FROM DIFFERENT BANKS (USING THE FUNDS TRANSFER OPTION);
  • IF YOU, OR ANYONE YOU ALLOW, COMMITS ANY FRAUD OR VIOLATES ANY LAW OR REGULATION;
  • IF YOUR EQUIPMENT AND/OR SOFTWARE, THE BANK’S EQUIPMENT AND/OR SOFTWARE, OR THE PHONE LINES WERE NOT WORKING PROPERLY;
  • IF CIRCUMSTANCES BEYOND OUR OR OUR AGENT’S CONTROL PREVENT MAKING A TRANSFER OR PAYMENT, DESPITE REASONABLE PRECAUTIONS THAT WE HAVE TAKEN, SUCH CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED TO, COMPUTER FAILURE, TELECOMMUNICATION OUTAGES, POSTAL STRIKES AND OTHER LABOR UNREST, DELAYS CAUSED BY PAYEES, FIRES, FLOODS, OTHER NATURAL DISASTERS; OR ANY ELECTRONIC TERMINAL, TELECOMMUNICATION DEVICE OR ANY PART OF THE ELECTRONIC FUND TRANSFER SYSTEM IS NOT WORKING PROPERLY;
  • IF YOU OR WE HAVE TERMINATED YOUR Online Banking SERVICE OR CLOSED THE ACCOUNT.

THIS LIST SHALL NOT BE CONSIDERED AS EXHAUSTIVE OF INSTANCES OF OUR LIMITED LIABILITY. THERE MAY BE OTHER EXCEPTIONS TO OUR LIABILITY AS STATED IN YOUR OTHER AGREEMENTS WITH US.

Disclosure of Consumer Account Information to Others
We may collect nonpublic personal information about you from the following sources:

  • Information we receive from you on applications or other forms.
  • Information about your transactions with us, our affiliates, or others.
  • Information we receive from consumer reporting agencies.

Except for California residents, we may disclose all of the information we collect, as described within the three bullet points above, to non-affiliated companies that perform marketing services on our behalf or to other non-affiliated financial institutions with which we have joint marketing agreements.

We do not disclose any nonpublic personal information about you or our former customers to anyone, except as permitted by law.

We restrict access to nonpublic personal information about you to our employees who need the information to properly service your account or act upon your requests. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.

Changes/Interruptions in Services
We may, on a regular basis, perform maintenance on our equipment or system, which may result in interrupted service or errors in the Service. We also may need to change the scope of our Services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided.

Harm to Computer Systems/Data
YOU AGREE THAT OUR LIABILITY FOR VIRUSES, WORMS, TROJAN HORSES, OR OTHER SIMILAR HARMFUL COMPONENTS THAT MAY ENTER YOUR COMPUTER SYSTEM BY DOWNLOADING INFORMATION, SOFTWARE, OR OTHER MATERIALS FROM OUR SITE SHALL BE LIMITED TO REPLACING, OR THE REASONABLE COST OF REPLACING, THE LOST INFORMATION, SOFTWARE OR OTHER MATERIAL. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM SUCH HARMFUL COMPONENTS.

Performance of Software and Electronic Service
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE ONLINE SERVICES, OR FOR ANY LOSS OF ANY DATA, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. WE MAKE NO WARRANTY TO YOU REGARDING THE EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

Security
In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes, marks, signs, public keys or other means of identification. We reserve the right to block access to the Services to maintain or restore security to our Site and systems, if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s).

Ownership of Materials
The reproduction or distribution of the content and information on our site is strictly prohibited.

Severability
Wherever possible, each provision of this agreement shall be interpreted in a manner which makes the provision effective and valid under applicable law. If applicable law prohibits or invalidates any part or provision of this agreement, that particular part or provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this agreement.

Cumulative Remedies
The rights and remedies provided by this agreement are cumulative and the use of any one right or remedy by any party shall not preclude or waive the right to use any or all remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, ordinance or otherwise.

Delays/Force Majeure
The obligations of the Bank shall be suspended to the extent and for so long as such obligations are hindered or prevented from being performed on account of labor disputes, war, riots, civil commotion, acts of God, fires, floods, failure of suppliers and/or subcontractors to perform, failure of power, restrictive governmental law and/or regulations, storms, accidents or any other cause which is reasonably beyond the control of the Bank.

Merger Agreement
This agreement contains the entire agreement between the parties and no statements, promises or inducements made by either party or agent of either party that are not contained in this written agreement or other documents referenced by this agreement. This agreement may not be enlarged, modified or altered except in writing in accordance with the above provisions.

Choice of Law
This Agreement shall be governed by and interpreted under MO and Federal Law.