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Equity Bank Terms and Conditions Agreement

AGREEMENT

By accepting the Terms and Conditions set forth below, the customer of Equity Bank (referred to as the Customer) agrees to the following terms and conditions of enrollment in the Internet banking network (referred to as www.equitybank.com) maintained by Equity Bank (referred to as the Bank):

  1. Services offered under this agreement.

    By using these services as they become available, the Customer agrees to be bound by the terms and conditions contained in the Agreement as it may be amended or supplemented from time to time. Customer enrollment. Customers' enrollment requests will be generally be processed the business day following the day of receipt.

    If all required information has been received, a welcome email will be sent to the email address listed by the bank on the customer's account. The Customer will allow the Bank a reasonable time in which to process any service requests made through www.equitybank.com.

  2. Security. Once the Customer has completed the Enrollment Form and has selected a password for access to www.equitybank.com, the Customer will be solely responsible for the use by anyone who utilizes the Customer's correct password. The Bank will have no duty to further verify the identity of any www.equitybank.com system user with a valid passcode. The Bank will act, and is authorized by Customer to act, on any and all instructions received under the Customer's password. The Bank has the right to monitor and review all banking activity conducted on www.equitybank.com.

  3. Service Charges. The Customer will be responsible for any service charges accrued in use by any user with access to the Customer's passcode. These service charges may be deducted separately from the Customer's checking account. A schedule of Equity Web Bank service charges is available at any branch or by calling Equity Bank at 888-733-5041. The Bank reserves the right to change charges, fees or other terms described in this Agreement.

  4. Liability. The Customer agrees that the Bank shall not be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Bank, or Internet browser or Internet access providers, nor shall the Bank or any service provider be responsible for any direct, indirect, special or consequential, economic or other damages arising out of the Customer's use of www.equitybank.com. The Customer further agrees that the Bank is not responsible for any damage occasioned by instructions the Bank receives from a user using the Customer's correct password. You agree to hold the BANK harmless and release BANK from any and all liability for any activity transacted through the SYSTEM due to unauthorized entry to your accounts either through malicious software loaded on a your computer and/or wired or wireless networks or by inadequately protecting Customer user ID(s) and/or password(s). To prevent unauthorized entry to accounts you and any person or persons authorized by and/or granted access by you agree to install, monitor and maintain adequate security measures and/or software programs on any and all computers and/or wired or wireless networks, used to access the SYSTEM.

  5. Authorization to process instructions. The Customer authorizes the Bank to act on all instructions received under the Customer's passcode and to deduct any service charges directly from the Customer's account.

  6. Termination. The Bank and customer have the right to discontinue the Customer's use of www.equitybank.com, or any of the services referenced above, at any time.

  7. Account transfers. The customer hereby authorizes Equity Bank to transfer funds between accounts designated under the Social Security Number or Taxpayer Identification Number via telephone, VoiceAccess, or Internet account access as requested by an authorized agent or by anyone using the Customer's correct password. This authority shall remain in effect until the termination of this Agreement. Transfers processed after 6:30 pm will be processed the next business day.

  8. Amendments. The Bank may amend this Agreement at any time. Unless a greater period is otherwise required by applicable law, the Bank will use reasonable efforts to provide notice to the Customer, by sending an e-mail to the last known e-mail address, or by posting notice on the Bank's website at least thirty (30) days before the effective date, of any amendment that in the reasonable opinion of the Bank will materially alter the terms of this Agreement. Customer shall be deemed to have agreed to any such amendments to this Agreement by its continued use of www.equitybank.com.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

If you tell us within two (2) Business Days after you discover your user password or other means to access your account has been lost or stolen, you can lose no more than $50.00 if someone uses your user password or other means to access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your user password or other means to access your account if you had told us, you could lose as much as $500.00. If your monthly statement contains transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

ERRORS AND QUESTIONS

In case of errors or questions about your transactions, you should as soon as possible:

  1. Telephone us at 888-733-5041 during normal business hours; or,
  2. Write us at:

    Equity Bank
    Attn: Deposit Operations Dept.
    P. O. Box 730
    Andover, KS 67002

If you think that your statement is wrong or you need more information about a transaction listed on the statement, we must hear from you no later than sixty (60) days after you received the first statement on which the problem or error appeared.

You must:

  1. Tell us your name and account number;
  2. Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and,
  3. Tell us the dollar amount of the suspected error.

If you tell us verbally, we will require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (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 forty-five (45) days to investigate the complaint or question. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error, so that you may 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 ten (10) Business Days, we may not provisionally credit your Payment Account. If we decide there was no error, we will mail you a written explanation within three (3) Business Days after we finish the investigation. You may ask for copies of documents which we used in our investigation. The Service may revoke any provisional credit provided to you if we find that an error did not occur.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make only in the following situations:

  1. Where it is necessary for completing transactions;
  2. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
  3. To a consumer reporting agency for research purposes only;
  4. In order to comply with a governmental agency or court orders; or,
  5. If you give us your written permission.

CHARGES

There is no charge for use of this service. Any fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

ALTERATIONS AND AMENDMENTS

This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall send notice to you at your address as it appears on the Service's records. Any use of the Service after the Service sends you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the programs, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the programs, services, and/or related material and limit access to the Service's more recent revisions and updates.

ADDRESS OR BANKING CHANGES

You agree to promptly notify in writing the Customer Service Department of any address change. Additionally, you agree to notify the Customer Service Department in writing at least ten (10) Business Days in advance of any change in your Payment Account or your banking status.

TERMINATION OR DISCONTINUATION

In the event you wish to discontinue the Service, you must contact the Member Service Department in writing. Such notice of service discontinuance must be supplied ten (10) days prior to the actual discontinuance date and must be sent to:

Equity Bank
Attn: Deposit Operations Department
P. O. Box 730
Andover, KS 67002

The Service may terminate service to you at any time and/or revoke your right to use software. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement.

DISPUTES

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

ASSIGNMENT

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

CAPTIONS

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflicts of laws provisions.

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