Internet Banking Services Terms and Conditions

Security State Bank

Internet Banking Services Terms and Conditions 

 

These Internet Banking Services Terms and Conditions (the “Terms and Conditions”) set forth the terms and conditions pursuant to which Security State Bank shall provide certain Internet banking services as more fully described herein (the “Services”), through access to the Internet banking system maintained by Security State Bank (the “Internet Banking System”), to the individual, business, corporation, partnership, company or other account owner(s) (hereinafter referred to as “You” and/or “Your”, as applicable), identified in the Internet Banking Enrollment Form completed by You and delivered to Security State Bank to perform a number of banking functions through the use of a personal computer, or for some functions a mobile device (e.g., tablet or Smartphone) on accounts linked to this service  and which incorporates by reference, and makes such Services and access to the Internet Banking System subject to Your acknowledgment of and agreement with these Terms and Conditions. For purposes of these Terms and Conditions, an “Affiliate” of Security State Bank shall include any and all subsidiaries of Security State Bank, and any entity controlling, controlled by or under common control with Security State Bank, and any other bank or entity providing Services pursuant to Security State Bank’s request or instruction.

By Your use and Your continued use of the Services, You agree to accept and fully comply with all of these Terms and Conditions.

This Agreement, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules that control your account(s) with us.  Other documents that form this contractual agreement may include, but are not limited to, Important Information about Your Deposit Account Terms and Conditions, the Mobile Deposit Terms and Conditions Addendum, Signature Card/Account Agreements, Cash Management Origination Agreement, and any Change in Terms notice relating to your account(s).  Security State Bank may, from time to time, introduce new Online and Mobile Banking services.  By using those services when they become available, you agree to be bound by the Terms and Conditions contained in this Agreement and its subsequent amendments.   A copy of these Terms and Conditions are accessible at www.ssbwa.com.

      1.      General Restrictions.   To use the Services, You must (i) have at least one account with Security State Bank and access to Internet service, (ii) maintain a valid e-mail address and agree to accept (and not block, opt out or unsubscribe from receiving) e-mail notifications and correspondences related to Security State Bank’s provision of the Services, (iii) duly execute an Internet Banking Enrollment Form or complete the self-enrollment process, and (iv) be approved by Security State Bank, in Security State Bank’s sole discretion, to access the Internet Banking System.  Security State Bank may revoke Your authorization to use the Internet Banking System or the Services at any time and without notice, for security reasons or for any other reason, at Security State Bank’s sole discretion.
      2.      Account Access and Security.

a.    Any authorized signer may have access to the accounts set up on your Internet Banking Account (hereafter referred to as “End User”).

b.    In connection with Your execution of an Internet Banking Enrollment Form, You will be assigned a login identification (“ID”).  Security State Bank will issue to the End User a temporary password, by e-mail, in order for You to access the Internet Banking System.  Your login credentials are used to identify You when accessing Online Banking.  They act as Your signature.  For information regarding creating a strong password, visit www.ssbwa.com/.  If any of Your Accounts are joint accounts or have additional authorized signers, each owner, or authorized signer is entitled to and should have their own login credentials to access their Internet Banking Account. The sharing of credentials is not recommended and could potentially place your information at risk.

c.    In connection with Your execution of Self Enrollment to Your accounts via Security State Bank’s Internet Banking, You will choose a login ID.  Security State Bank will issue to the End User a temporary password, by e-mail, in order for You to access the Internet Banking System.  Your login credentials are used to identify You when accessing Online Banking.  They act as Your signature.  For information regarding creating a strong password, visit www.ssbwa.com/.  If any of Your Accounts are joint accounts or have additional authorized signers, each owner, or authorized signer is entitled to and should have their own login credentials to access their Internet Banking Account. The sharing of credentials is not recommended and could potentially place your information at risk.

d.    If any password for any login ID of an End User is entered incorrectly three (3) consecutive times, Security State Bank may revoke Your access to that login ID or take such other action as Security State Bank determines to be appropriate in its sole discretion.  To re-establish access to any login ID, the End User must initiate a reset of the password via the login screen or contact Security State Bank to obtain a new temporary password.

e.    It is important to protect any login IDs and passwords and You accept full responsibility for the confidentiality and security of any login ID and password of the End User.   Any advice or requirements for such login IDs or passwords provided by Security State Bank or any other party shall not constitute any representation or warranty of Security State Bank with respect to the security of such login IDs or passwords.

f.    Security State Bank may, but is not required to, elect to verify the authenticity or content of any instruction or action made by You through the Internet Banking System.  If Security State Bank is unable to verify an instruction to its satisfaction, it may reject the instruction in its sole discretion.

g.    Security State Bank is authorized to rely on instructions received from and actions made by any person using the login ID and password of the End User.  The instructions received from and actions taken by any person using such a login ID and password shall be deemed effective as if made by someone authorized to act on behalf of You, and You agree that Security State Bank will not be responsible for any loss that results from such instructions that Security State Bank receives from or other actions taken by such persons as if someone authorized to act on behalf of You had provided such instructions or had taken such actions.

h.    You  shall  notify  Security State Bank  promptly  if  You  have  knowledge  of  or  suspect  (i)  any unauthorized use of the access device, login ID and/or password of the End User, or (ii) that the security of any such login ID and/or password has otherwise been compromised in any way.

i.    Security State Bank reserves the right to terminate or revoke Your access to the Internet Banking System or any Services at any time and/or to impose any additional terms and conditions on Your access to and use of the Internet Banking System and the Services, for any reason deemed appropriate by Security State Bank in its sole discretion, including without limitation any prolonged period of inactivity, unauthorized use of any login ID or password of Your End User, or concern with the security of a login ID or password or any of Your accounts or the Internet Banking System.

j.    For security tips for Mobile Banking, visit www.ssbwa.com.

k.    Access will be available to the following types of Security State Bank accounts:

>  Checking Accounts

>  Savings Accounts

>  Certificate of Deposit Accounts

>  Individual Retirement Accounts

>  Line of Credit Accounts

>  Installment Loans

>  Mortgages

>  Home Equity Loans

>  Credit Cards

l.    Accounts With Restricted Access:

>  Any account that requires two or more signatures.

m.    Any person you have authorized to access your Internet Banking Account is authorized to:

>  Accept Terms and Conditions, as amended from time to time.

>  Access each eligible Account of yours in any manner and for any purpose available through

  Internet Banking, whether available now or available at some time in the future.  Access includes

  making transactions on linked accounts, such as checking or savings accounts.

n.    We may remove Your Internet and Mobile access if you do not sign in to either service within six (6) months.  If Your access has been removed, you may need to re-enroll to begin using our Internet and Mobile Banking services again.

3.       Availability.  So long as You are authorized to access the Internet Banking System, You may do so seven (7) days a week and twenty-four (24) hours a day in accordance with the terms of these Terms and Conditions.  You may use Internet Banking as often as you would like.  Not all of the Services will be available at all times and Your access to the Internet Banking System may, from time to time, be generally unavailable for system maintenance or because of other technical issues.

We do not guarantee functionality of Internet or Mobile Banking services on all devices, on all communications networks, in all geographic regions, or at all times.  Security State Bank is not responsible for compatibility with and performance of the carrier networks.  Your accessibility to the Internet and Mobile Banking services may be interrupted because of conditions beyond our control, including outages in Internet Availability.  In the case of a disaster, Internet and Mobile Banking may be suspended in order to allow emergency and responding personnel to use the carrier networks.  In no event, regardless of cause, shall we be liable to You for the unavailability of Internet and Mobile Banking services, or Your inability to access or to execute Internet or Mobile Banking functions.

      4.      Limitations on Frequency of Transfers and Dollar Amounts. Internet transfers must not exceed your Available Balance in the Account on the day the transfer is made.  Transfers from your line of credit account are subject to the terms of the credit agreement.  If you make Internet Banking Transfers from your money market or savings account to another of your Accounts, those transfers are subject to the Transfer Limits contained in the Your Deposit Account Truth in Savings brochure.  If you exceed the transfer limits, then Security State Bank may charge an Excess Reg D fee, close the account or change the type of account.

      5.      Services Offered.  The Services provided under these Terms and Conditions to You include, but are not limited to and are subject to change without notice to You:

(i.)The ability to view the balance of Your accounts with Security State Bank, (ii.)  the ability to view account transaction histories for a minimum of ninety (90) days, (iii.)  the ability to transfer funds between Your different accounts with Security State Bank, (iv.)  the ability to order checks,  (v.)  the ability to make stop payment requests, (vi.)   the ability to view images of cleared checks for a minimum of ninety (90) days, (vii.)  the ability to change Your address, (viii.)  Internet Bill Payment services, if You have a checking account with Security State Bank (requires enrollment), (ix.)   view an Electronic copy of your account statement (requires enrollment), and   (x.) Mobile Banking Services (requires enrollment; business accounts excluded)
      6.      Transfer Processing

 Date of Immediate Transfer Request  Date Immediate Transfer will be made
 On a business day – Before 5 p.m. Pacific Time  Same Business Day that the transfer is requested.¹
 On a business day – After 5 p.m. Pacific Time  Transaction will post the next Business Day after the transfer is requested.¹
 On a day other than a Business Day  Transaction will post the next Business Day after the transfer is requested.¹
Date of Scheduled Transfer Request Date Schedule Transfer will be made
 On a Business Day²  Transaction will post the same Business Day at approximately 8 a.m. on the day the transfer was scheduled.
 On a day other than a Business Day  Transaction will post the next Business Day at approximately 8 a.m. after the day the transfer was scheduled.

 

¹If transferring to a Security State Bank checking or savings account, the funds are available upon completion of the transfer.

²When scheduling recurring transfers, if the first transfer is scheduled for the same Business Day the request is made, the first transaction will follow the “Date of Immediate Transfer Request” rules and the remaining scheduled transfers will follow the “Date of Scheduled Transfer Request” rules.

For purposes of these Terms and Conditions, “Business Day” shall mean every day that is not a Saturday, Sunday or a federal holiday.

You may cancel or make changes to a future dated transfer up to 5 p.m. Pacific time on the day of the Scheduled Transfer by cancelling the transfer found in “Scheduled Transfers”.

Security State Bank may reject a transfer instruction if there are insufficient available funds in your Account or for any other reason.

       7.      Bill Payment Processing.  The Bill Pay service is available to personal and business customers that are enrolled in Online Banking.

a.    The Bill Pay service allows You to use Your accounts to pay a bill or to make payments to a business or other payee that has a mailing address within the U.S. You agree that if you attempt to make payments to a payee outside the U.S., neither Security State Bank nor Our designated Bill Pay processor (“processor”) will be responsible for that payment.
b.    By enrolling for the Bill Pay service, You authorize Security State Bank and the Bill Pay processor to follow the payment instructions You have provided using Your Internet Banking.
c.    You will provide Security State Bank with the names, addresses, phone numbers, and account information of those persons or entities to whom you wish to make a Bill Payment.
d.    When you initiate a Bill Payment, you authorize Security State Bank to charge Your account on a Business Day provided in the transaction and to remit funds to the payee on your behalf electronically, provided electronic payments are permitted and accepted by the payee.  If the payee does not permit and accept electronic payments from our Bill Pay processor, then those funds will be remitted to the payee through the use of a paper check issued by our Bill Pay processor and payable to the payee.  Such paper check will state that it represents a payment from You and will indicate the account number of your account with the payee.
e.    Payments can be sent to payees electronically or by check.  As a number of different factors are considered to determine how the payment will be sent, we cannot tell which method of payment will be used until the payment is processed.  Based on factors considered, our payment system selects the most appropriate method.  Electronic payments are sent whenever possible.  If a payee accepts checks only, a check is sent.
f.    While it is anticipated that most Bill Payments will be processed and completed on the same business day selected for the Bill Payment Process Date, it is understood by You that due to circumstances beyond the control of Security State Bank, delays such as a delay by the payee and the payee’s bank/agent in handling and posting the Bill Payments or a delay in delivering the payment via US postal service, some Bill Payments may take longer to be posted to Your account at the payee.  For this reason, Security State Bank recommends that You select a Bill Payment Process Date which is at least 4 Business Days before the actual due date of the payment.  You agree that Security State Bank will not be responsible for any Bill Payment that is received or posted by the payee after the grace period or that result in a late charge or penalty being assessed by the payee if you do not follow this recommendation.  In such event, you agree that you shall have the sole risk of incurring and the sole responsibility for paying any and all late charges or penalties assessed by the payee.
g.    You may use the Bill Pay service to authorize automatic recurring payments of recurring bills. These payments must be for the same amount each month and they will be paid on the same calendar day of each month, or on the preceding Business Day if the regular payment day falls on a weekend or holiday.
8.      Stop Payments and Cancellations.   Any stop payment request submitted via the Internet Banking System for a check written on an account of Yours will remain on the system for 182 days and is subject to the current stop payment fee.  Any stop payment request submitted for an ACH transaction may require a revocation to be signed within fourteen (14) days or such stop payment request shall expire and be of no further effect.  You are responsible for verifying that the item you are placing a stop payment on has not previously cleared Your account.
9.      Cancellation of Bill Payments.

To cancel a scheduled bill payment using the Internet Bill Payment services included in the Services, You must cancel the payment online when the item is in pending status. You cannot cancel a bill payment once it has been debited from an account of Yours.  If the payment is made by paper draft, You might be able to stop the payment by calling the Customer Care Center of Security State Bank before the draft has cleared.  In order for Security State Bank to determine if payment might be cancelled, You must clearly identify the payment by providing the payee, the payee assigned account number (if any), the amount, the scheduled date of the payment, and/or the Internet banking identification number assigned for the payment.
10.      Schedule of Fees.  The Internet, Bill Payment, and Mobile Banking service are free and are subject to change at our discretion.  Additional services for Cash Management require a separate agreement and are subject to additional fees.
11.      Sufficient Funds.  You agree to maintain sufficient funds in Your accounts with Security State Bank to cover any transfers, payments, or other debits initiated through the Internet Banking System.
12.      Electronic Delivery of Notices and Disclosures.

a.    Any personal or business Security State Bank checking, savings, IRA, HSA, or certificate of deposit are eligible to receive an electronic copy of their statement via our eStatement service.
b.    If you choose the eStatement service from Security State Bank, you will receive an email alert when your periodic online statement is ready.  It is Your responsibility to inform us of any changes to your email address.  The only notice that You will receive advising you that Your electronic periodic statement is now available will be by email alert sent to the single, specific email address selected, confirmed, and validated by You upon enrollment. One attempt will be made to notify you by email that your eStatement is available to view.  If the email address provided is returned as “undeliverable” for two consecutive months, you will be converted back to paper statements as required by regulation and all applicable fees for mailing a statement will apply.  Any and all notices sent by Security State Bank to the email address will constitute sufficient and effective delivery to you and all owners of the information contained in Your electronic statement whether or not you access or review the notice, Internet banking site, or specific electronic statement, and shall be deemed to have been delivered to you personally, whether actually received or not.  You agree to maintain access to Internet Banking in a manner that gives you continuous ability to access, review, and print your electronic statements.  There are certain risks associated with the transmission of email notices through the Internet including but not limited to unauthorized access, system outages, delays, disruption in telecommunications services and the Internet.  Email is not private or secure.  The email notice sent to You by email is an unencrypted, automatic notice.  Although the notice is not intended to contain personally identifiable confidential financial information, it may contain in its design, part or all of Your name or other identifier, which could be seen or intercepted by others if delivered to Your business email address or other computers or electronic devices not exclusively under Your control.  Do NOT respond to the email notices by return email, or use the reply function to request information, service, paper copies or other items or to revoke consent.  Security State Bank will not be responsible to act upon requests made in that manner.
c.    You will have access to an electronic version of your deposit account statement(s) for up to 18 months.  This service provides You with the flexibility to print and/or save account statements that are made available online.  You may select electronic delivery of one or all of the listed statements.
d.    You or any designated account owner may revoke consent for the eStatement Service for one or more Security State Bank account(s) at any time by contacting a Security State Bank Representative.
13.      Disclaimer of Warranties.

a.         TO THE FULLEST EXTENT PERMISSIBLE UNDER ANY APPLICABLE LAW, RULE OR REGULATION, SECURITY STATE BANK IS PROVIDING THE SERVICES AND THE INTERNET BANKING  SYSTEM  “AS  IS”  AND  WITHOUT  REPRESENTATION  OR  WARRANTY, AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, FOR THE INTERNET BANKING SYSTEM OR FOR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ANY WARRANTY THAT AVAILABILITY OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, AND/OR ANY WARRANTY TO PROVIDE ADEQUATE TECHNICAL SUPPORT.

b.         SECURITY STATE BANK  RESERVES  THE  RIGHT  TO  MODIFY,  AMEND,  REVISE, UPDATE, SUPPLEMENT, REPLACE OR CHANGE THE INTERNET BANKING SYSTEM, THE SERVICES, THESE TERMS AND CONDITIONS, AND/OR THE INFORMATION AND MATERIALS PROVIDED THEREUNDER FROM TIME TO TIME, BUT IS UNDER NO OBLIGATION TO DO SO.

c.       YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY SECURITY, TECHNICAL OR SIMILAR REQUIREMENTS, GUIDANCE OR ADVICE PROVIDED BY SECURITY STATE BANK, DIRECTLY OR INDIRECTLY, AND RELATING TO YOUR USE OF THE SERVICES AND/OR  YOUR  ACCESS  TO  THE  INTERNET  BANKING  SYSTEM,  SHALL  NOT SERVE AS A WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, OF THE SECURITY OF (i) THE INTERNET BANKING SYSTEM, (ii) YOUR USE OF THE SERVICES, OR (iii) YOUR ACCOUNT(S) WITH SECURITY STATE BANK, GENERALLY OR SPECIFICALLY WITH RESPECT TO THE LOGIN ID AND PASSWORD OF THE END USER, SUPERVISOR OR OF ANY OTHER AUTHORIZED USER.  YOU ACKNOWLEDGE AND AGREE THAT SECURITY STATE BANK IS NOT RESPONSIBLE FOR ANY LOSS OR LOSSES RESULTING FROM YOUR USE OF THE SERVICES AND THE INTERNET BANKING SYSTEM EXCEPT TO THE EXTENT ANY SUCH LOSS OR LOSSES ARE ATTRIBUTABLE TO THE NEGLIGENT OR INTENTIONAL ACTS OR OMMISSIONS OF SECURITY STATE BANK.

d.         SECURITY STATE BANK IS NOT RESPONSIBLE FOR THE CONTENTS,   AVAILABILITY, SUITABILITY OR SECURITY OF ANY THIRD PARTY PRODUCT, SERVICE OR RESOURCE THAT MAY FROM TIME TO TIME BE IDENTIFIED, REFERENCED OR MADE AVAILABLE AS PART OF THE SERVICES OFFERED BY SECURITY STATE BANK AND/OR ANY THIRD PARTY WEBSITE THAT MAY BE ACCESSIBLE VIA THE INTERNET BANKING SYSTEM. YOU HEREBY ACKNOWLEDGE AND AGREE THAT SECURITY STATE BANK MAKES SUCH THIRD PARTY PRODUCTS, SERVICES, RESOURCES AND/OR WEBSITES     AVAILABLE OR ACCESSIBLE “AS IS” AND WITHOUT ANY REPRESENTATION, WARRANTY OR ENDORSEMENT BY SECURITY STATE BANK.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT SECURITY STATE BANK SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY SUCH PRODUCT, SERVICE OR RESOURCE, OR THE CONTENT, ADVERTISING, PRODUCTS, SERVICES OR OTHER MATERIALS ON OR AVAILABLE AT, FROM OR THROUGH ANY SUCH OTHER WEBSITE.

14.      Limitation of Liability.  You will tell us at once if you believe your access device has been lost or stolen, or of any circumstances in which you believe or reasonably should believe that the security of your account is at undue risk. Limitations on your liability are governed by the time limitations and amounts set forth in our EFT Disclosures.
15.      Indemnification.   You agree to indemnify Security State Bank, and all of its officers, directors, managers, employees, agents, representatives, successors and assigns against, and hold Security State Bank, and all of its officers, directors, managers, employees, agents, representatives, successors and assigns harmless from, any and all claims, debts, demands, proceedings, losses, liabilities, damages, costs, charges and expenses (including court costs and attorneys’ fees),  directly or indirectly resulting from Your failure to comply with these Terms and Conditions, any other agreement You have with Security State Bank, the Rules, and any agreement You have with a third party, and/or any applicable law, rule or regulation.
16.      Release.    YOU  HAVE  ACKNOWLEDGED  AND  AGREED  THAT  YOU  ARE  USING  THE INTERNET BANKING SYSTEM AND THE SERVICES AT YOUR OWN RISK, AND, SUBJECT TO THE LIMITATIONS CONTAINED IN THE EFT DISCLOSURES, YOU HEREBY RELEASE SECURITY STATE BANK AND ITS AFFILIATES (AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES) FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL, CONSEQUENTIAL AND OTHERWISE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) YOUR ACCESS TO AND USE OF THE INTERNET BANKING SYSTEM, (ii) YOUR USE OF ANY SERVICES; OR (iii) ANY DEFICIENCY, ERROR, LACK OF AVAILABILITY OR INTERRUPTED AVAILABILITY, OR CLAIM OR DAMAGES OF ANY KIND, ARISING FROM YOUR ACCESS TO AND USE OF (OR INABILITY TO ACCESS AND USE) THE INTERNET BANKING SYSTEM AND/OR THE SERVICES; PROVIDED, HOWEVER, THAT YOU DO NOT RELEASE SECURITY STATE BANK FROM ANY CLAIMS, DEMANDS, OR DAMAGES ARISING FROM SECURITY STATE BANK’S NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS.
17.      Time Zone.  Any time stated in these Terms and Conditions shall mean such time at Pacific Standard Time or Pacific Daylight Time, as applicable in Washington State, United States of America.
18.      Termination.  Security State Bank may terminate these Terms and Conditions, with or without cause, at any time; provided, however, these Terms and Conditions shall continue to be in full force and effect for all electronic entries initiated by You prior to the termination of these Terms and Conditions and any provision of these Terms and Conditions which may reasonably be interpreted or construed as surviving the termination of these Terms and Conditions, including without limitation Sections 11, 13, 14, 15, 16, 18, 19, 22, 23, 27, and 28, of these Terms and Conditions, shall survive such termination of these Terms and Conditions for any reason whatsoever.
19.      Waiver.  No delay or failure by Security State Bank to exercise any right, remedy or power hereunder shall impair the same or be construed as a waiver thereof.  The waiver by Security State Bank of a breach by You of any provision of these Terms and Conditions shall not operate or be construed as a waiver of any subsequent breach or any other obligation you may have to Security State Bank.
20.      Force Majeure.  Nonperformance by Security State Bank shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where such failure to perform is beyond the control of Security State Bank.
21.      Headings.  Headings used in these Terms and Conditions are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the provisions contained herein or in any way affect these Terms and Conditions.
22.      Severability.  In the event that any provision of these Terms and Conditions shall be held to be invalid or unenforceable, the remaining provisions hereof shall nevertheless continue to be valid and enforceable as though the invalid portions were not a part hereof.
23.      Governing  Law;  Jurisdiction.    These Terms and Conditions shall be governed by and construed under the laws of the State of Washington, without reference to the conflict of laws principles thereof.  The parties hereby irrevocably agree that all actions or proceedings in any way, manner or respect arising out of or from or related to these Terms and Conditions or the transactions referenced herein shall be litigated only in courts having situs within Washington State.  In connection therewith, the parties hereby consent and submit to the jurisdiction of any local, state or federal court located within said county and state and hereby waive any right the parties may have to transfer or change the venue of any such litigation.
24.      Consumer/Personal Accounts.  You agree that any eligible Account opened at a future date may automatically be linked to Personal Internet Banking.
25.      Mobile and Text Banking.  Mobile Banking is a complement to Internet Banking and is available to all consumer/personal accounts who have enrolled in the service through the Internet Banking.  It is not intended to replace access to Internet Banking.  Mobile Banking offers access to your account information (e.g., for checking account balances, last transactions, and transferring money from one account to another) via an Internet Browser, Text Messaging, or the Security State Bank App.

You agree that You are solely responsible to understand how to properly use your mobile device to access the Mobile or Text Banking services and that any fees incurred by Your network provider when accessing Your account, initiating transactions and downloading account information are solely Your responsibility.

Mobile Deposit Banking is bound within the Terms and Conditions of Security State Bank’s Mobile Deposit addendum which may be modified or cancelled at any time and can be found at https://www.ssbwa.com/mobile-banking-disclosure.
26.      Business/Cash Manager Accounts.  Business access includes all the features of a consumer access and other Services made available by Security State Bank from time to time, which You have selected and for which You have been approved and authorized by Security State Bank to use, including without limitation Automated Clearing House (“ACH“) credit and debit originations, wire transfer requests, EFTPS Tax Payments, and additional security features and controls.

Note:  Business customers using our Online Cash Management services will require additional Agreements and may have additional Terms and Conditions.

a.    If you are accessing Internet Banking services for a business entity, you agree that you are authorized to act on behalf of that business entity to enter into this Agreement.
b.    Whenever You use any optional Cash Management Services, it is understood that if Security Package #1 was chosen when you completed Your ACH Origination contract, You are declining the recommended security offered by Security State Bank.
c.    All optional ACH and wire transfer services provided by Security State Bank are subject to assigned daily limits and approval by Security State Bank, in its sole discretion. Additional fees may apply.
d.    ACH Debits or Credits:  Security State Bank will transmit and process ACH debits and credits in accordance with the rules of the National Automated Clearing House Association (“NACHA“) as currently in effect and as amended from time to time (the “Rules”).  You shall be bound by and comply with the Rules as well as the provisions of these Terms and Conditions.  A copy of the Rules may be obtained from the web site of the NACHA at www.nacha.org.  ACH submissions by You are also subject to all applicable laws, rules and regulations, including but not limited to those promulgated  by  the  United  States  Treasury  Department’s  Office  of  Foreign  Assets Control  (“OFAC”).    You  represent  and  warrant  that  You  are  not  on  OFAC’s  list  of Specially Designated Nationals and Blocked Persons (“SDN List”), and that You shall not engage in transfers to, from, or on behalf of, any party on the SDN List.

Before initiation of an ACH credit or debit to the account of a “Consumer”, which shall mean the person whose account is being credited or debited by You, You will obtain proper authorization  from  the  Consumer  to  make  such  entries  to  the  Consumer′s account in accordance with the Rules and U.S. law.  In the case of ACH debits, You shall provide the Consumer with a copy of the authorization as required by the Rules.  You will retain the original or a copy of the authorization and will furnish such authorization to Security State Bank upon request of Security State Bank.

Before initiation of ACH credits or debits to the Consumer’s account, You will also send pre-notification in the appropriate format, within the time limits prescribed in the Rules or by Security State Bank.  If You receive notice that a pre-notification or ACH entry has been rejected by the receiving financial institution, You will not submit further entries until the cause for rejection has been corrected and another pre-notification has been submitted and accepted within the prescribed time limits.  Should You wish to change the amount or date of billing of an electronic debit entry in respect of any Consumer, You shall mail or deliver written notice to the Consumer at least ten (10) days before such electronic debit entry is to take place, advising the Consumer as to the amount and the scheduled date of the electronic debit entry; provided, however, should You inform a Consumer of his/her right to receive notice of all electronic debit entries varying  in  amount  and  the  Consumer  elects  to  receive  such  notice  only  when  an electronic debit entry does not fall within a specified range of amounts (which shall in all respects be reasonable) or, alternatively, only when an electronic debit entry differs from the most recent electronic debit entry by more than an agreed upon amount (which shall in all respects be reasonable), then You shall mail or deliver written notice to the Consumer in accordance with such election.  Notice of change in the date of billing of an electronic debit entry, however, shall be mailed or delivered to the Consumer under all circumstances.  You shall comply strictly with the provisions of this paragraph.  You understand that Security State Bank will be relying upon such agreement and compliance in order that Security State Bank may comply with federal and state laws and regulations with respect to electronic fund transfers.

You will prepare and submit all ACH credit and/or debit entries in accordance with the time schedule provided by Security State Bank.  You will be responsible for the correctness both as to content and to form of all entries submitted.   If Security State Bank determines that any information cannot be processed for any reason, Security State Bank will notify You. You will correct the information as required and re-submit the information to Security State Bank in accordance with the schedule provided by Security State Bank.

e.    You will maintain a deposit account with Security State Bank.  All ACH credit and debit entries are provisional and Security State Bank may charge or credit Your deposit account for any returned or rejected entries.  You will maintain an available balance sufficient to cover all ACH transactions submitted.  If Security State Bank processes any transactions submitted by You for which it has not received full settlement, the amount of such transaction shall become immediately due and payable by You to Security State Bank, and Security State Bank shall have the right to charge that amount to any account of Yours with Security State Bank, or to receive an immediate and full refund from You.
f.    If You use the Internet Banking System to send ACH formatted files, You will provide the number of transactions in the file, and the total dollar amount of the file, in the manner and format prescribed by Security State Bank.
g.    If You discover that any entry You have initiated was in error, You may notify Security State Bank of such error and Security State Bank will utilize commercially reasonable efforts on behalf of You, consistent with the Rules, to correct the entry.  Additional fees may apply for reversals and transactions originated by Security State Bank on Your behalf to correct such errors.  In all such cases, it shall be Your responsibility to notify Your affected Consumers in writing, prior to the time the correcting entry is transmitted, that an entry has been made which is at variance with the Consumer’s authorization or is otherwise erroneous and the reason for the correction that is to be made.
h.    In the event that a Consumer alleges an “error” as that term is defined in Section 205.11(a) of Federal Reserve Board Regulation E, You shall provide to Security State Bank all documents and information in Your possession or control and all other assistance requested by Security State Bank in a timely fashion in order to permit Security State Bank to fulfill its obligations, if any, under Section 205.11 of Federal Reserve Board Regulation E.
i.    You understand and agree that Your ACH transactions are subject to pre-approved exposure limits, and that transactions in excess of such exposure limits may be rejected. In addition, certain types of ACH transactions (including, without limitation, certain international transactions) may be restricted or prohibited.
j.    Security State Bank  retains  the  right  to  terminate  or  suspend  Your  ability  to  initiate  ACH transactions if it suspects, in its sole discretion, that You have breached, or there is a threat that You will breach, the Rules.  You agree that Security State Bank has the right to audit Your compliance with the Rules, these Terms and Conditions, and any additional agreements You and Security State Bank make with respect to your initiation of ACH transactions. These audit rights shall also apply to any Third-Party Senders (as defined in the Rules) engaged by You, and you agree to cause such Third-Party Senders to cooperate with Security State Bank in the event of such an audit.
k.    Wire Transfer Requests.  Wire transfers are available for business accounts only.  Additional fees may apply.  Wire transfers may require positive verification of wire transfer amounts by a second party prior to submission.

Wire transfer requests submitted by You are subject to all applicable laws and regulations of the United States of America, including but not limited to the Patriot Act and OFAC, and all applicable laws and regulations of the State of Washington.  You represent and warrant to Security State Bank that You are not on the SDN List, and that You shall not engage in transfers to, from, or on behalf of, any party on the SDN List.

If You request a wire transfer in any currency other than U.S. Dollars, Security State Bank will convert the currency at Security State Bank’s current exchange rate for the specified currency.  If any funds are returned to You in any currency other than U.S. Dollars, Security State Bank will convert the funds based on Security State Bank’s exchange rate for that currency at the time of return.  If Security State Bank does not have exchange rates for the currency involved, Security State Bank will use its commercially reasonable efforts to have the currency converted promptly through reasonable commercial and/or banking channels, and You will pay a reasonable fee to Security State Bank for such services.  In no event shall Security State Bank be liable for any losses resulting from currency conversions effected by Security State Bank in good faith, within a reasonable time after receiving the funds for conversion.
l.    Security State Bank provides for dual control of ACH and wire transfer submissions, whereby authorizations from two of Your Authorized Users are required in order to submit an ACH or wire transfer request.  You agree that these are commercially reasonable and acceptable security controls and You further agree to implement these controls for ACH and wire transfer submissions.
m.    You understand that the numbers assigned to banks and to the accounts of recipients are critical to the transfer function.  If You make an error in providing such numbers, the error may cause the transfers to be made through the bank or account specified by the provided routing or account number, rather than the named or intended bank or recipient. You will be responsible for the full amount of the transfer in any such case and Security State Bank will not be responsible for any error made by You.
n.    You may ask Security State Bank to amend or cancel requested ACH or wire transfers and Security State Bank agrees to use commercially reasonable efforts to honor such requests if they are received in a time and in a manner that gives Security State Bank a reasonable opportunity to act on the request before the ACH or wire transfer has completed.  If You ask Security State Bank to attempt recovery of funds that have already been transferred, Security State Bank shall be under no obligation to do so unless and until You deposit with Security State Bank, or provide other assurance of payment satisfactory to Security State Bank, an amount determined in good faith by Security State Bank to approximate the costs and  expenses,  including  attorney  fees,  which  Security State Bank  may  incur  in  attempting  to recover the funds.  Upon such deposit or satisfactory assurance, Security State Bank will take such actions as it deems reasonable, in its sole discretion, to attempt recovery.  In no event shall Security State Bank be deemed to guarantee or otherwise assure successful recovery of the funds in full or in part, nor to have accepted responsibility for any amount transferred before Security State Bank received and had reasonable time to act on a request to amend or cancel the ACH or wire transfer.
o.    You shall pay all charges that Security State Bank may impose for ACH or wire transfers made under this section and that Security State Bank may incur for following related instructions.  You shall also reimburse Security State Bank for any expenses incurred by Security State Bank in carrying out Your instructions or requests.
p.    Supervisor and Authorized Users.  The “Supervisor” is the person designated as such by You on Your Internet Banking Enrollment Form.  The Supervisor shall be authorized to use the Internet Banking System solely for the Services requested by You and approved by Security State Bank for Your use, and to establish and maintain the access levels and functional authority of all other Authorized User(s), as defined hereinafter, of You.   An “Authorized User” shall include the End User or Supervisor and any other person whom You designate as an Authorized User on Your Internet Banking Enrollment Form and any person later designated as such pursuant to a written request from an authorized signer on the account delivered to Security State Bank unless and until an authorized signer delivers a written request to Security State Bank stating that such person shall be removed as an Authorized User.  You may replace the End User or Supervisor with another person by providing to Security State Bank  evidence  sufficient,  in  Security State Bank’s  sole  discretion,  to  show  that  You  have  duly authorized such an action.
27.      Financial  Review;  Audit  and  Investigation.     You  understand  that  Security State Bank  may,  in accordance with its internal operating policies, conduct reviews of Your financial situation to determine the credit risk that You present to Security State Bank with respect to Your use of the Internet Banking System in accordance with these Terms and Conditions.  In connection with such reviews (which may include a review of Your accounts with Security State Bank), You agree that, upon the request of Security State Bank, You shall provide Security State Bank with Your most recent quarterly and annual financial statements and/or federal and state income tax returns for review by Security State Bank.  Based upon such review Security State Bank may in its sole discretion determine whether You remain eligible to use any or all of the Services, and if Security State Bank so determines that You are not so eligible, then Security State Bank may, in its sole discretion, remove or suspend Your access  to  any  of  the  Services  or  terminate  these  Terms  and  Conditions  immediately.    In addition, upon the occurrence of any event of unauthorized use of any login ID or password of the End User, Supervisor or any Authorized User, or any other unauthorized access of one or more of Your accounts, or any loss therefrom, You acknowledge and agree that Security State Bank, itself or through its authorized representative(s), may (but shall have no obligation whatsoever to) conduct an audit or investigation of Your Internet banking practices, security procedures and protocols, and You hereby agree to provide Security State Bank with access to Your facilities, equipment and personnel for purposes of enabling Security State Bank to identify the cause(s) or potential cause(s) of such unauthorized access, loss or other security breach.
28.      Entire Agreement:  Amendment.  These Terms and Conditions set forth the entire agreement and understanding of the parties relating to the subject matter herein and supersede any and all prior agreements or understandings between the parties except as specified herein.  Security State Bank has the right to make changes to these Terms and Conditions, from time to time, and will notify you in advance of any such changes to the extent required by law.